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Illinois House Bill HB4959

Illinois 2023-2024 Regular Session

Illinois House Bill HB4959 Compare Versions

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1-Public Act 103-0588
21 HB4959 EnrolledLRB103 36303 SPS 66401 b HB4959 Enrolled LRB103 36303 SPS 66401 b
32 HB4959 Enrolled LRB103 36303 SPS 66401 b
4-AN ACT concerning State government.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Article 1.
8-Section 1-1. Short Title. This Act may be cited as the
9-Fiscal Year 2025 Budget Implementation Act.
10-Section 1-5. Purpose. It is the purpose of this Act to make
11-changes in State programs that are necessary to implement the
12-State budget for Fiscal Year 2025.
13-Article 2.
14-Section 2-1. Short title. This Act may be cited as the
15-Pretrial Success Act. References in this Article to "this Act"
16-mean this Article.
17-Section 2-5. Intent; purposes. This Act creates a
18-comprehensive approach to ensuring pretrial success, justice,
19-and individual and communal well-being. The Act minimizes the
20-number of people detained pretrial by ensuring access to
21-community-based pretrial supports and services.
3+1 AN ACT concerning State government.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Article 1.
7+5 Section 1-1. Short Title. This Act may be cited as the
8+6 Fiscal Year 2025 Budget Implementation Act.
9+7 Section 1-5. Purpose. It is the purpose of this Act to make
10+8 changes in State programs that are necessary to implement the
11+9 State budget for Fiscal Year 2025.
12+10 Article 2.
13+11 Section 2-1. Short title. This Act may be cited as the
14+12 Pretrial Success Act. References in this Article to "this Act"
15+13 mean this Article.
16+14 Section 2-5. Intent; purposes. This Act creates a
17+15 comprehensive approach to ensuring pretrial success, justice,
18+16 and individual and communal well-being. The Act minimizes the
19+17 number of people detained pretrial by ensuring access to
20+18 community-based pretrial supports and services.
2221
2322
2423
2524 HB4959 Enrolled LRB103 36303 SPS 66401 b
2625
2726
28-Section 2-10. Definitions. As used in this Act:
29-"Case management" means assessment, planning,
30-coordination, and advocacy services for individuals who need
31-multiple services and require assistance in gaining access to
32-and in using behavioral health, physical health, social,
33-vocational, educational, housing, public income entitlements
34-and other community services to assist the individual in the
35-community. "Case management" may also include identifying and
36-investigating available resources, explaining options to the
37-individual, and linking the individual with necessary
38-resources.
39-"Community-based pretrial supports and services" means
40-voluntary services provided in the community to an individual
41-charged with a criminal offense who has been granted pretrial
42-release. Community-based pretrial supports and services shall
43-be trauma-informed, culturally competent, and designed and
44-delivered according to best practice standards to maximize
45-pretrial success.
46-"Court stakeholders" means Judges, State's Attorneys,
47-defense attorneys including Public Defenders, Sheriffs, police
48-departments, and any other individuals, agencies, or offices
49-or their employees involved in pretrial criminal court
50-proceedings.
51-"Department" means the Department of Human Services.
52-"Detoxification" means the process of withdrawing a person
53-from a specific psychoactive substance in a safe and effective
54-
55-
56-manner.
57-"Eligible participant" means an Illinois resident charged
58-with a criminal offense who has been granted pretrial release.
59-"Medication assisted treatment" means the prescription of
60-medications that are approved by the U.S. Food and Drug
61-Administration and the Center for Substance Abuse Treatment to
62-assist with treatment for a substance use disorder and to
63-support recovery for individuals receiving services in a
64-facility licensed by the Department. Medication assisted
65-treatment includes opioid treatment services as authorized by
66-a Department license.
67-"Pretrial success" means ensuring court appearances and
68-reducing subsequent involvement with the criminal-legal
69-system.
70-"Service area" means a judicial circuit or group of
71-judicial circuits.
72-Section 2-15. Findings. The General Assembly finds that:
73-(1) The Pretrial Fairness Act defines when an arrested
74-person can be denied pretrial release and prohibits the
75-imposition of financial conditions for release by
76-abolishing money bond. This prevents the pretrial
77-detention of many arrested individuals with mental health
78-or substance use disorders or others who could benefit
79-from community-based supports and services.
80-(2) Because people awaiting trial are legally presumed
81-
82-
83-innocent, the Illinois Supreme Court Commission on
84-Pretrial Practices recommends, consistent with national
85-best practices, that "conditions and supervision shall not
86-mandate rehabilitative services (substance abuse, mental
87-health, partner abuse intervention programs, etc.) unless
88-the court finds them to be a risk factor directly related
89-to further criminal behavior and failure to appear at
90-court hearings. The inability to pay for such
91-court-ordered services shall not interfere with release."
92-(3) Research shows that mental health and substance
93-use disorder services, including treatment, are generally
94-most effective when participation is voluntary and access
95-is assured.
96-(4) Communities throughout Illinois have significant
97-gaps in the availability of mental health and substance
98-use disorder services and other community-based pretrial
99-supports and services.
100-(5) If services are available, navigating complicated
101-systems can be a barrier to access and success. Services
102-are most effective if they are coordinated with but not
103-duplicative of other programs such as those funded under
104-the Reimagine Public Safety Act.
105-(6) Community-based pretrial supports and services are
106-most effective when delivered by organizations trusted
107-within the community and developed with the input of
108-community members, including those directly impacted by
109-
110-
111-the criminal-legal system.
112-Section 2-20. Grant making authority.
113-(a) The Department of Human Services shall have
114-grant-making, operational, and procurement authority to
115-distribute funds to local government health and human services
116-agencies, community-based organizations, and other entities
117-necessary to execute the functions established in this Act.
118-(b) Subject to appropriation, the Department shall issue
119-grants to local governmental agencies and community-based
120-organizations to maximize pretrial success each year. Grants
121-shall be awarded no later than January 1, 2025. Grants in
122-subsequent years shall be issued on or before September 1 of
123-the relevant fiscal year and shall allow for pre-award
124-expenditures beginning July 1 of the relevant fiscal year.
125-(c) Beginning in fiscal year 2028 and subject to
126-appropriation, grants shall be awarded for a project period of
127-3 years, contingent on Department requirements for reporting
128-and successful performance.
129-(d) The Department shall ensure that grants awarded under
130-this Act do not duplicate or supplant grants awarded under the
131-Reimagine Public Safety Act.
132-Section 2-25. Community-based pretrial supports and
133-services.
134-(a) Subject to appropriation, the Department shall make
135-
136-
137-grants to organizations for community-based pretrial supports
138-and services.
139-(b) The Department shall issue grants to at least one
140-organization in each of the service areas and no more than 3
141-organizations in each of the service areas with the exception
142-of service areas with a population exceeding 2,000,000. The
143-Department shall issue grants to at least one organization and
144-no more than 10 organizations in service areas with a
145-population exceeding 2,000,000. In fiscal year 2025, each
146-grant shall be for no less than $100,000 and no more than
147-$300,000. In subsequent years, each grant shall be for no less
148-than $100,000 and no more than $500,000 per organization. An
149-organization may receive grants in more than one service area.
150-(c) Organizations receiving grants under this Act shall
151-coordinate services with other organizations and court
152-stakeholders in their service area. Organizations receiving
153-grants under this Act shall coordinate services with the
154-Office of Statewide Pretrial Services to the extent that it
155-operates in their service area.
156-(d) Organizations receiving grants under this Act shall
157-establish eligibility criteria for services. Organizations
158-receiving grants under this Act shall be required to accept
159-referrals of eligible participants from court stakeholders.
160-Organizations receiving grants under this Act may accept
161-referrals of eligible participants from other sources
162-including self-referrals.
163-
164-
165-(e) An eligible participant shall not be ordered to
166-receive services funded by a grant under this Act unless the
167-person has undergone a validated clinical assessment and the
168-clinical treatment plan includes such services. "Validated
169-clinical assessment" and "clinical treatment plan" have the
170-meanings ascribed to them in Section 10 of the Drug Court
171-Treatment Act.
172-(f) Organizations receiving grants under this Act shall
173-provide the following services directly or through subgrants
174-to other organizations:
175-(1) case management for mental health and substance
176-use disorders;
177-(2) detoxification or referral to detoxification when
178-clinically indicated and available in the community;
179-(3) medication assisted treatment or referral to
180-medication assisted treatment when clinically indicated
181-and available in the community;
182-(4) child care to remove barriers to court
183-appearances; and
184-(5) transportation to court appearances if not
185-available through the Office of Statewide Pretrial
186-Services or other court stakeholders.
187-(g) Organizations receiving grants under this Act may
188-provide the following services directly or through subgrants
189-to other organizations:
190-(1) Behavioral health services, including harm
191-
192-
193-reduction services, clinical interventions, crisis
194-interventions, and group counseling supports, such as peer
195-support groups, social-emotional learning supports,
196-including skill building for anger management,
197-de-escalation, sensory stabilization, coping strategies,
198-and thoughtful decision-making, short-term clinical
199-individual sessions, and motivational interviewing.
200-(2) Other services necessary to promote pretrial
201-success, as determined by the organization and approved by
202-the Department.
203-(h) Organizations receiving grants under this Act shall
204-ensure that services are accessible to individuals with
205-disabilities and to individuals with limited English
206-proficiency. Organizations receiving grants under this Act
207-shall not deny services to individuals on the basis of
208-immigration status or gender identity.
209-(i) No statement or other disclosure, written or
210-otherwise, made by an eligible participant to an employee of
211-an organization receiving a grant under this Act may be used by
212-the prosecution to prove any crime or offense alleged in the
213-pending case.
214-(j) The Department shall encourage organizations receiving
215-grants under this Act to employ individuals with personal
216-experience with being charged with a felony offense. No later
217-than when grants are first issued under this Act, the
218-Department shall create and execute a Background Check Waiver
219-
220-
221-Process, limiting the disqualifying offenses, for employees
222-who provide services under this Act.
223-(k) Organizations receiving funds under this Act may
224-utilize up to 5% of awarded grant funds to raise awareness of
225-community-based pretrial supports and services.
226-Section 2-30. Service areas.
227-(a) Each judicial circuit with a population of at least
228-500,000 constitutes a service area. Each judicial circuit with
229-a population of less than 500,000 shall be combined with at
230-least one other geographically contiguous judicial circuit to
231-constitute a service area with a population of at least
232-500,000.
233-(b) Resources for each service area shall be distributed
234-based on maximizing the total potential pretrial success.
235-Subject to appropriation, the minimum total annual grant
236-amount awarded in each service area shall be $300,000. In
237-determining the distribution of resources to service areas,
238-the Department shall consider the following factors:
239-(1) service area population and poverty level;
240-(2) the geographic size of a service area;
241-(3) the average number of people charged with felony
242-offenses each year;
243-(4) the number of people incarcerated in the past
244-because of their inability to afford payment of money
245-bond; and
246-
247-
248-(5) level of Office of Statewide Pretrial Services
249-programming in the counties in the service area.
250-(c) In fiscal year 2025, the Department shall award grants
251-in one service area in each Department region. In subsequent
252-years, the Department shall award grants in all service areas,
253-subject to appropriation.
254-Section 2-35. Local advisory councils.
255-(a) Subject to appropriation, and no later than July 1,
256-2025, the Department shall create local advisory councils for
257-each of the service areas for the purpose of obtaining
258-recommendations on how to distribute funds in these areas to
259-maximize pretrial success. Local advisory councils shall
260-consist of no fewer than 5 members. At least 40% of members
261-shall have personal experience with being charged with a
262-felony offense in Illinois. At least 20% of members shall have
263-personal experience with a family member being charged with a
264-felony offense in Illinois. Members of the local advisory
265-councils shall serve without compensation except those
266-designated as individuals with personal experience may receive
267-stipends as compensation for their time.
268-(b) The Department shall provide data to each local
269-advisory council on the characteristics of the service area
270-and the availability of community-based pretrial supports and
271-services. The Department shall also provide best available
272-evidence on how to maximize pretrial success.
273-
274-
275-(c) Each local advisory council shall make recommendations
276-on how to allocate distributed resources and desired goals for
277-its service area based on information provided to them by the
278-Department.
279-(d) Beginning in fiscal year 2026, the Department shall
280-consider the recommendations and determine how to distribute
281-funds through grants to community-based organizations and
282-local governments. To the extent the Department does not
283-follow a local advisory council's recommendation on allocation
284-of funds, the Department shall explain in writing why a
285-different allocation of resources is more likely to maximize
286-pretrial success in the service area.
287-Section 2-40. Medicaid services.
288-(a) Funds awarded under this Act may be used for
289-behavioral health services until July 1, 2027.
290-(b) Any organization being reimbursed from funds awarded
291-under this Act for behavioral health services must also file a
292-plan to become Medicaid certified for behavioral health
293-services under the Illinois Medicaid program on or before July
294-1, 2027.
295-Section 2-45. Evaluation.
296-(a) The Department shall issue a report to the General
297-Assembly no later than January 1 of each year beginning at
298-least 12 months after grants are first issued under this Act.
299-
300-
301-The report shall cover the previous fiscal year and identify
302-gaps in community-based pretrial supports and services in each
303-service area, explain the investments that are being made to
304-maximize pretrial success, and make further recommendations on
305-how to build community-based capacity for community-based
306-pretrial supports and services including mental health and
307-substance use disorder treatment.
308-(b) Beginning with the first report issued at least 24
309-months after grants are first issued under this Act, the
310-annual report shall include an evaluation of the effectiveness
311-of grants under this Act in maximizing pretrial success. The
312-Department shall use community-based participatory research
313-methods and ensure that the evaluation incorporates input from
314-individuals and organizations affected by the Act, including,
315-but not limited to, individuals with personal experience with
316-being charged with a felony offense in Illinois, individuals
317-with personal experience with a family member being charged
318-with a felony offense in Illinois, local government health and
319-human services agencies, community-based organizations, and
320-court stakeholders. The evaluation should be conducted with
321-input from outside expert evaluators when possible.
322-(c) The Department shall consider findings from annual
323-reports and evaluations in developing subsequent years'
324-grantmaking processes, monitoring progress toward local
325-advisory councils' goals, and ensuring equity in the
326-grantmaking process.
327-
328-
329-Section 2-50. Rulemaking authority. The Department shall
330-adopt rules as are necessary to implement all elements of this
331-Act.
332-Article 3.
333-Section 3-2. The Illinois Administrative Procedure Act is
334-amended by adding Section 5-45.57 as follows:
335-(5 ILCS 100/5-45.57 new)
336-Sec. 5-45.57. Emergency rulemaking; rate increase for
337-direct support personnel and all frontline personnel. To
338-provide for the expeditious and timely implementation of the
339-changes made to Section 74 of the Mental Health and
340-Developmental Disabilities Administrative Act by this
341-amendatory Act of the 103rd General Assembly, emergency rules
342-implementing the changes made to Section 74 of the Mental
343-Health and Developmental Disabilities Administrative Act by
344-this amendatory Act of the 103rd General Assembly may be
345-adopted in accordance with Section 5-45 by the Department of
346-Human Services. The adoption of emergency rules authorized by
347-Section 5-45 and this Section is deemed to be necessary for the
348-public interest, safety, and welfare.
349-This Section is repealed one year after the effective date
350-of this Section.
351-
352-
353-Section 3-3. The State Employees Group Insurance Act of
354-1971 is amended by changing Section 6.5 as follows:
355-(5 ILCS 375/6.5)
356-Sec. 6.5. Health benefits for TRS benefit recipients and
357-TRS dependent beneficiaries.
358-(a) Purpose. It is the purpose of this amendatory Act of
359-1995 to transfer the administration of the program of health
360-benefits established for benefit recipients and their
361-dependent beneficiaries under Article 16 of the Illinois
362-Pension Code to the Department of Central Management Services.
363-(b) Transition provisions. The Board of Trustees of the
364-Teachers' Retirement System shall continue to administer the
365-health benefit program established under Article 16 of the
366-Illinois Pension Code through December 31, 1995. Beginning
367-January 1, 1996, the Department of Central Management Services
368-shall be responsible for administering a program of health
369-benefits for TRS benefit recipients and TRS dependent
370-beneficiaries under this Section. The Department of Central
371-Management Services and the Teachers' Retirement System shall
372-cooperate in this endeavor and shall coordinate their
373-activities so as to ensure a smooth transition and
374-uninterrupted health benefit coverage.
375-(c) Eligibility. All persons who were enrolled in the
376-Article 16 program at the time of the transfer shall be
377-
378-
379-eligible to participate in the program established under this
380-Section without any interruption or delay in coverage or
381-limitation as to pre-existing medical conditions. Eligibility
382-to participate shall be determined by the Teachers' Retirement
383-System. Eligibility information shall be communicated to the
384-Department of Central Management Services in a format
385-acceptable to the Department.
386-Eligible TRS benefit recipients may enroll or re-enroll in
387-the program of health benefits established under this Section
388-during any applicable annual open enrollment period and as
389-otherwise permitted by the Department of Central Management
390-Services. A TRS benefit recipient shall not be deemed
391-ineligible to participate solely by reason of the TRS benefit
392-recipient having made a previous election to disenroll or
393-otherwise not participate in the program of health benefits.
394-A TRS dependent beneficiary who is a child age 19 or over
395-and mentally or physically disabled does not become ineligible
396-to participate by reason of (i) becoming ineligible to be
397-claimed as a dependent for Illinois or federal income tax
398-purposes or (ii) receiving earned income, so long as those
399-earnings are insufficient for the child to be fully
400-self-sufficient.
401-(d) Coverage. The level of health benefits provided under
402-this Section shall be similar to the level of benefits
403-provided by the program previously established under Article
404-16 of the Illinois Pension Code. For plan years that begin on
405-
406-
407-or after January 1, 2025, the health benefit program
408-established under this Section shall include health, dental,
409-and vision benefits.
410-Group life insurance benefits are not included in the
411-benefits to be provided to TRS benefit recipients and TRS
412-dependent beneficiaries under this Act.
413-The program of health benefits under this Section may
414-include any or all of the benefit limitations, including but
415-not limited to a reduction in benefits based on eligibility
416-for federal Medicare benefits, that are provided under
417-subsection (a) of Section 6 of this Act for other health
418-benefit programs under this Act.
419-(e) Insurance rates and premiums. The Director shall
420-determine the insurance rates and premiums for TRS benefit
421-recipients and TRS dependent beneficiaries, and shall present
422-to the Teachers' Retirement System of the State of Illinois,
423-by April 15 of each calendar year, the rate-setting
424-methodology (including but not limited to utilization levels
425-and costs) used to determine the amount of the health care
426-premiums.
427-For Fiscal Year 1996, the premium shall be equal to
428-the premium actually charged in Fiscal Year 1995; in
429-subsequent years, the premium shall never be lower than
430-the premium charged in Fiscal Year 1995.
431-For Fiscal Year 2003, the premium shall not exceed
432-110% of the premium actually charged in Fiscal Year 2002.
433-
434-
435-For Fiscal Year 2004, the premium shall not exceed
436-112% of the premium actually charged in Fiscal Year 2003.
437-For Fiscal Year 2005, the premium shall not exceed a
438-weighted average of 106.6% of the premium actually charged
439-in Fiscal Year 2004.
440-For Fiscal Year 2006, the premium shall not exceed a
441-weighted average of 109.1% of the premium actually charged
442-in Fiscal Year 2005.
443-For Fiscal Year 2007, the premium shall not exceed a
444-weighted average of 103.9% of the premium actually charged
445-in Fiscal Year 2006.
446-For Fiscal Year 2008 and thereafter, the premium in
447-each fiscal year shall not exceed 105% of the premium
448-actually charged in the previous fiscal year.
449-In addition to the premium amount charged for the program
450-of health benefits, in the initial plan year in which the
451-dental and vision benefits are provided, an additional premium
452-of not more than $7.11 per month for each TRS benefit recipient
453-and $28.43 per month for each TRS dependent beneficiary shall
454-be charged. The additional premium shall be used for the
455-purpose of financing the dental and vision benefits for TRS
456-benefit recipients and TRS dependent beneficiaries on and
457-after the effective date of this amendatory Act of the 103rd
458-General Assembly.
459-Rates and premiums may be based in part on age and
460-eligibility for federal medicare coverage. However, the cost
461-
462-
463-of participation for a TRS dependent beneficiary who is an
464-unmarried child age 19 or over and mentally or physically
465-disabled shall not exceed the cost for a TRS dependent
466-beneficiary who is an unmarried child under age 19 and
467-participates in the same major medical or managed care
468-program.
469-The cost of health benefits under the program shall be
470-paid as follows:
471-(1) For a TRS benefit recipient selecting a managed
472-care program, up to 75% of the total insurance rate shall
473-be paid from the Teacher Health Insurance Security Fund.
474-Effective with Fiscal Year 2007 and thereafter, for a TRS
475-benefit recipient selecting a managed care program, 75% of
476-the total insurance rate shall be paid from the Teacher
477-Health Insurance Security Fund.
478-(2) For a TRS benefit recipient selecting the major
479-medical coverage program, up to 50% of the total insurance
480-rate shall be paid from the Teacher Health Insurance
481-Security Fund if a managed care program is accessible, as
482-determined by the Teachers' Retirement System. Effective
483-with Fiscal Year 2007 and thereafter, for a TRS benefit
484-recipient selecting the major medical coverage program,
485-50% of the total insurance rate shall be paid from the
486-Teacher Health Insurance Security Fund if a managed care
487-program is accessible, as determined by the Department of
488-Central Management Services.
489-
490-
491-(3) For a TRS benefit recipient selecting the major
492-medical coverage program, up to 75% of the total insurance
493-rate shall be paid from the Teacher Health Insurance
494-Security Fund if a managed care program is not accessible,
495-as determined by the Teachers' Retirement System.
496-Effective with Fiscal Year 2007 and thereafter, for a TRS
497-benefit recipient selecting the major medical coverage
498-program, 75% of the total insurance rate shall be paid
499-from the Teacher Health Insurance Security Fund if a
500-managed care program is not accessible, as determined by
501-the Department of Central Management Services.
502-(3.1) For a TRS dependent beneficiary who is Medicare
503-primary and enrolled in a managed care plan, or the major
504-medical coverage program if a managed care plan is not
505-available, 25% of the total insurance rate shall be paid
506-from the Teacher Health Security Fund as determined by the
507-Department of Central Management Services. For the purpose
508-of this item (3.1), the term "TRS dependent beneficiary
509-who is Medicare primary" means a TRS dependent beneficiary
510-who is participating in Medicare Parts A and B.
511-(4) Except as otherwise provided in item (3.1), the
512-balance of the rate of insurance, including the entire
513-premium of any coverage for TRS dependent beneficiaries
514-that has been elected, shall be paid by deductions
515-authorized by the TRS benefit recipient to be withheld
516-from his or her monthly annuity or benefit payment from
517-
518-
519-the Teachers' Retirement System; except that (i) if the
520-balance of the cost of coverage exceeds the amount of the
521-monthly annuity or benefit payment, the difference shall
522-be paid directly to the Teachers' Retirement System by the
523-TRS benefit recipient, and (ii) all or part of the balance
524-of the cost of coverage may, at the school board's option,
525-be paid to the Teachers' Retirement System by the school
526-board of the school district from which the TRS benefit
527-recipient retired, in accordance with Section 10-22.3b of
528-the School Code. The Teachers' Retirement System shall
529-promptly deposit all moneys withheld by or paid to it
530-under this subdivision (e)(4) into the Teacher Health
531-Insurance Security Fund. These moneys shall not be
532-considered assets of the Retirement System.
533-(5) If, for any month beginning on or after January 1,
534-2013, a TRS benefit recipient or TRS dependent beneficiary
535-was enrolled in Medicare Parts A and B and such Medicare
536-coverage was primary to coverage under this Section but
537-payment for coverage under this Section was made at a rate
538-greater than the Medicare primary rate published by the
539-Department of Central Management Services, the TRS benefit
540-recipient or TRS dependent beneficiary shall be eligible
541-for a refund equal to the difference between the amount
542-paid by the TRS benefit recipient or TRS dependent
543-beneficiary and the published Medicare primary rate. To
544-receive a refund pursuant to this subsection, the TRS
545-
546-
547-benefit recipient or TRS dependent beneficiary must
548-provide documentation to the Department of Central
549-Management Services evidencing the TRS benefit recipient's
550-or TRS dependent beneficiary's Medicare coverage and the
551-amount paid by the TRS benefit recipient or TRS dependent
552-beneficiary during the applicable time period.
553-(f) Financing. Beginning July 1, 1995, all revenues
554-arising from the administration of the health benefit programs
555-established under Article 16 of the Illinois Pension Code or
556-this Section shall be deposited into the Teacher Health
557-Insurance Security Fund, which is hereby created as a
558-nonappropriated trust fund to be held outside the State
559-Treasury, with the State Treasurer as custodian. Any interest
560-earned on moneys in the Teacher Health Insurance Security Fund
561-shall be deposited into the Fund.
562-Moneys in the Teacher Health Insurance Security Fund shall
563-be used only to pay the costs of the health benefit program
564-established under this Section, including associated
565-administrative costs, and the costs associated with the health
566-benefit program established under Article 16 of the Illinois
567-Pension Code, as authorized in this Section. Beginning July 1,
568-1995, the Department of Central Management Services may make
569-expenditures from the Teacher Health Insurance Security Fund
570-for those costs.
571-After other funds authorized for the payment of the costs
572-of the health benefit program established under Article 16 of
573-
574-
575-the Illinois Pension Code are exhausted and until January 1,
576-1996 (or such later date as may be agreed upon by the Director
577-of Central Management Services and the Secretary of the
578-Teachers' Retirement System), the Secretary of the Teachers'
579-Retirement System may make expenditures from the Teacher
580-Health Insurance Security Fund as necessary to pay up to 75% of
581-the cost of providing health coverage to eligible benefit
582-recipients (as defined in Sections 16-153.1 and 16-153.3 of
583-the Illinois Pension Code) who are enrolled in the Article 16
584-health benefit program and to facilitate the transfer of
585-administration of the health benefit program to the Department
586-of Central Management Services.
587-The Department of Central Management Services, or any
588-successor agency designated to procure healthcare contracts
589-pursuant to this Act, is authorized to establish funds,
590-separate accounts provided by any bank or banks as defined by
591-the Illinois Banking Act, or separate accounts provided by any
592-savings and loan association or associations as defined by the
593-Illinois Savings and Loan Act of 1985 to be held by the
594-Director, outside the State treasury, for the purpose of
595-receiving the transfer of moneys from the Teacher Health
596-Insurance Security Fund. The Department may promulgate rules
597-further defining the methodology for the transfers. Any
598-interest earned by moneys in the funds or accounts shall inure
599-to the Teacher Health Insurance Security Fund. The transferred
600-moneys, and interest accrued thereon, shall be used
601-
602-
603-exclusively for transfers to administrative service
604-organizations or their financial institutions for payments of
605-claims to claimants and providers under the self-insurance
606-health plan. The transferred moneys, and interest accrued
607-thereon, shall not be used for any other purpose including,
608-but not limited to, reimbursement of administration fees due
609-the administrative service organization pursuant to its
610-contract or contracts with the Department.
611-(g) Contract for benefits. The Director shall by contract,
612-self-insurance, or otherwise make available the program of
613-health benefits for TRS benefit recipients and their TRS
614-dependent beneficiaries that is provided for in this Section.
615-The contract or other arrangement for the provision of these
616-health benefits shall be on terms deemed by the Director to be
617-in the best interest of the State of Illinois and the TRS
618-benefit recipients based on, but not limited to, such criteria
619-as administrative cost, service capabilities of the carrier or
620-other contractor, and the costs of the benefits.
621-(g-5) Committee. A Teacher Retirement Insurance Program
622-Committee shall be established, to consist of 10 persons
623-appointed by the Governor.
624-The Committee shall convene at least 4 times each year,
625-and shall consider and make recommendations on issues
626-affecting the program of health benefits provided under this
627-Section. Recommendations of the Committee shall be based on a
628-consensus of the members of the Committee.
629-
630-
631-If the Teacher Health Insurance Security Fund experiences
632-a deficit balance based upon the contribution and subsidy
633-rates established in this Section and Section 6.6 for Fiscal
634-Year 2008 or thereafter, the Committee shall make
635-recommendations for adjustments to the funding sources
636-established under these Sections.
637-In addition, the Committee shall identify proposed
638-solutions to the funding shortfalls that are affecting the
639-Teacher Health Insurance Security Fund, and it shall report
640-those solutions to the Governor and the General Assembly
641-within 6 months after August 15, 2011 (the effective date of
642-Public Act 97-386).
643-(h) Continuation of program. It is the intention of the
644-General Assembly that the program of health benefits provided
645-under this Section be maintained on an ongoing, affordable
646-basis.
647-The program of health benefits provided under this Section
648-may be amended by the State and is not intended to be a pension
649-or retirement benefit subject to protection under Article
650-XIII, Section 5 of the Illinois Constitution.
651-(i) Repeal. (Blank).
652-(Source: P.A. 101-483, eff. 1-1-20; 102-210, eff. 7-30-21.)
653-Section 3-4. The Attorney General Act is amended by
654-changing Section 4a as follows:
655-
656-
657-(15 ILCS 205/4a) (from Ch. 14, par. 4a)
658-Sec. 4a. Attorneys and investigators appointed by the
659-attorney general, and on his payroll, when authorized by the
660-attorney general or his designee, may expend such sums as the
661-attorney general or his designee deems necessary for any one
662-or more of the following: the purchase of items for evidence; ,
663-the advancement of fees in cases before United States courts
664-or other State courts; , and in the payment of expert witness
665-expenses and witness fees, including expert witness fees; or
666-subpoena fees.
667-Funds for making expenditures authorized in this Section
668-shall be advanced from funds appropriated or made available by
669-law for the support or use of the office of attorney general or
670-vouchers therefor signed by the attorney general or his
671-designee. Sums so advanced may be paid to the attorney or
672-investigator authorized to receive the advancement, or may be
673-made payable to the ultimate recipient. Any expenditures under
674-this Section shall be audited by the auditor general as part of
675-any mandated audit conducted in compliance with Section 3-2 of
676-the Illinois State Auditing Act.
677-(Source: P.A. 95-331, eff. 8-21-07.)
678-Section 3-6. The Substance Use Disorder Act is amended by
679-adding Section 5-30 as follows:
680-(20 ILCS 301/5-30 new)
681-
682-
683-Sec. 5-30. Substance Use Disorder Treatment Locator.
684-Subject to appropriation, the Department of Human Services
685-shall issue a request for proposal to establish a supplemental
686-substance use disorder treatment locator that can compare and
687-assess addiction treatment facilities to identify high-quality
688-providers and provide a publicly available search function for
689-patients, health care providers, and first responders to find
690-substance use disorder providers. The supplemental treatment
691-locator shall integrate with the Illinois Helpline and provide
692-annual surveys on both providers and patient experiences that
693-aid in identifying high-quality providers to better aid
694-decision making for patients, health care providers, and first
695-responders to find substance use disorder treatment.
696-Section 3-7. The Children and Family Services Act is
697-amended by changing Sections 4a and 17a-4 as follows:
698-(20 ILCS 505/4a) (from Ch. 23, par. 5004a)
699-Sec. 4a. (a) To administer child abuse prevention shelters
700-and service programs for abused and neglected children, or
701-provide for their administration by not-for-profit
702-corporations, community-based organizations or units of local
703-government.
704-The Department is hereby designated the single State
705-agency for planning and coordination of child abuse and
706-neglect prevention programs and services. On or before the
707-
708-
709-first Friday in October of each year, the Department shall
710-submit to the Governor and the General Assembly a State
711-comprehensive child abuse and neglect prevention plan. The
712-plan shall: identify priorities, goals and objectives;
713-identify the resources necessary to implement the plan,
714-including estimates of resources needed to investigate or
715-otherwise process reports of suspected child abuse or neglect
716-and to provide necessary follow-up services for child
717-protection, family preservation and family reunification in
718-"indicated" cases as determined under the Abused and Neglected
719-Child Reporting Act; make proposals for the most effective use
720-of existing resources to implement the plan, including
721-recommendations for the optimum use of private, local public,
722-State and federal resources; and propose strategies for the
723-development of additional resources to meet the goal of
724-reducing the incidence of child abuse and neglect and reducing
725-the number of reports of suspected child abuse and neglect
726-made to the Department.
727-(b) The administration of child abuse prevention, shelters
728-and service programs under subsection (a) shall be funded in
729-part by appropriations made from the Child Abuse Prevention
730-Fund, which is hereby created in the State Treasury, and in
731-part by appropriations from the General Revenue Fund. All
732-interest earned on monies in the Child Abuse Prevention Fund
733-shall remain in such fund. The Department and the State
734-Treasurer may accept funds as provided by Sections 507 and 508
735-
736-
737-of the Illinois Income Tax Act and unsolicited private
738-donations for deposit into the Child Abuse Prevention Fund.
739-Annual requests for appropriations for the purpose of
740-providing child abuse and neglect prevention programs and
741-services under this Section shall be made in separate and
742-distinct line-items. In setting priorities for the direction
743-and scope of such programs, the Director shall be advised by
744-the State-wide Citizen's Committee on Child Abuse and Neglect.
745-(c) (Blank). Where the Department contracts with outside
746-agencies to operate the shelters or programs, such outside
747-agencies may receive funding from the Department, except that
748-the shelters must certify a 20% financial match for operating
749-expenses of their programs. In selecting the outside agencies
750-to administer child shelters and service programs, and in
751-allocating funds for such agencies, the Department shall give
752-priority to new and existing shelters or programs offering the
753-broadest range of services to the community served.
754-(d) The Department shall have the power to make grants of
755-monies to fund comprehensive community-based services to
756-reduce the incidence of family dysfunction typified by child
757-abuse and neglect; to diminish those factors found to increase
758-family dysfunction; and to measure the effectiveness and costs
759-of such services.
760-(e) For implementing such intergovernmental cooperation
761-and involvement, units of local government and public and
762-private agencies may apply for and receive federal or State
763-
764-
765-funds from the Department under this Act or seek and receive
766-gifts from local philanthropic or other private local sources
767-in order to augment any State funds appropriated for the
768-purposes of this Act.
769-(e-5) The Department may establish and maintain locally
770-held funds to be individually known as the Youth in Care
771-Support Fund. Moneys in these funds shall be used for
772-purchases for the immediate needs of youth in care or for the
773-immediate support needs of youth, families, and caregivers
774-served by the Department. Moneys paid into funds shall be from
775-appropriations made to the DCFS Children's Services Fund.
776-Funds remaining in any Youth in Care Support Fund must be
777-returned to the DCFS Children's Services Fund upon
778-dissolution. Any warrant for payment to a vendor for the same
779-product or service for a youth in care shall be payable to the
780-Department to reimburse the immediate payment from the Youth
781-in Care Support Fund.
782-(f) For the purposes of this Section:
783-(1) The terms "abused child" and "neglected child"
784-have meanings ascribed to them in Section 3 of the Abused
785-and Neglected Child Reporting Act.
786-(2) "Shelter" has the meaning ascribed to it in
787-Section 1-3 of the Juvenile Court Act of 1987.
788-(Source: P.A. 103-259, eff. 1-1-24.)
789-(20 ILCS 505/17a-4) (from Ch. 23, par. 5017a-4)
790-
791-
792-Sec. 17a-4. Grants for community-based youth services;
793-Department of Human Services.
794-(a) The Department of Human Services shall make grants for
795-the purpose of planning, establishing, operating, coordinating
796-and evaluating programs aimed at reducing or eliminating the
797-involvement of youth in the child welfare or juvenile justice
798-systems. The programs shall include those providing for more
799-comprehensive and integrated community-based youth services
800-including Unified Delinquency Intervention Services programs
801-and for community services programs. The Department may
802-authorize advance disbursement of funds for such youth
803-services programs. When the appropriation for "comprehensive
804-community-based service to youth" is equal to or exceeds
805-$5,000,000, the Department shall allocate the total amount of
806-such appropriated funds in the following manner:
807-(1) no more than 20% of the grant funds appropriated
808-shall be awarded by the Department for new program
809-development and innovation;
810-(2) not less than 80% of grant funds appropriated
811-shall be allocated to community-based youth services
812-programs based upon population of youth under 18 years of
813-age and other demographic variables defined by the
814-Department of Human Services by rule, which may include
815-weighting for service priorities relating to special needs
816-identified in the annual plans of the regional youth
817-planning committees established under this Act; and
818-
819-
820-(3) if any amount so allocated under paragraph (2) of
821-this subsection (a) remains unobligated such funds shall
822-be reallocated in a manner equitable and consistent with
823-the purpose of paragraph (2) of this subsection (a). ; and
824-(4) the local boards or local service systems shall
825-certify prior to receipt of grant funds from the
826-Department of Human Services that a 10% local public or
827-private financial or in-kind commitment is allocated to
828-supplement the State grant.
829-(b) Notwithstanding any provision in this Act or rules
830-promulgated under this Act to the contrary, unless expressly
831-prohibited by federal law or regulation, all individuals,
832-corporations, or other entities that provide medical or mental
833-health services, whether organized as for-profit or
834-not-for-profit entities, shall be eligible for consideration
835-by the Department of Human Services to participate in any
836-program funded or administered by the Department. This
837-subsection shall not apply to the receipt of federal funds
838-administered and transferred by the Department for services
839-when the federal government has specifically provided that
840-those funds may be received only by those entities organized
841-as not-for-profit entities.
842-(Source: P.A. 89-392, eff. 8-20-95; 89-507, eff. 7-1-97;
843-90-655, eff. 7-30-98.)
844-Section 3-8. The Department of Commerce and Economic
845-
846-
847-Opportunity Law of the Civil Administrative Code of Illinois
848-is amended by changing Section 605-705 as follows:
849-(20 ILCS 605/605-705) (was 20 ILCS 605/46.6a)
850-Sec. 605-705. Grants to local tourism and convention
851-bureaus.
852-(a) To establish a grant program for local tourism and
853-convention bureaus. The Department will develop and implement
854-a program for the use of funds, as authorized under this Act,
855-by local tourism and convention bureaus. For the purposes of
856-this Act, bureaus eligible to receive funds are those local
857-tourism and convention bureaus that are (i) either units of
858-local government or incorporated as not-for-profit
859-organizations; (ii) in legal existence for a minimum of 2
860-years before July 1, 2001; (iii) operating with a paid,
861-full-time staff whose sole purpose is to promote tourism in
862-the designated service area; and (iv) affiliated with one or
863-more municipalities or counties that support the bureau with
864-local hotel-motel taxes. After July 1, 2001, bureaus
865-requesting certification in order to receive funds for the
866-first time must be local tourism and convention bureaus that
867-are (i) either units of local government or incorporated as
868-not-for-profit organizations; (ii) in legal existence for a
869-minimum of 2 years before the request for certification; (iii)
870-operating with a paid, full-time staff whose sole purpose is
871-to promote tourism in the designated service area; and (iv)
872-
873-
874-affiliated with multiple municipalities or counties that
875-support the bureau with local hotel-motel taxes. Each bureau
876-receiving funds under this Act will be certified by the
877-Department as the designated recipient to serve an area of the
878-State. Notwithstanding the criteria set forth in this
879-subsection (a), or any rule adopted under this subsection (a),
880-the Director of the Department may provide for the award of
881-grant funds to one or more entities if in the Department's
882-judgment that action is necessary in order to prevent a loss of
883-funding critical to promoting tourism in a designated
884-geographic area of the State.
885-(b) To distribute grants to local tourism and convention
886-bureaus from appropriations made from the Local Tourism Fund
887-for that purpose. Of the amounts appropriated annually to the
888-Department for expenditure under this Section prior to July 1,
889-2011, one-third of those monies shall be used for grants to
890-convention and tourism bureaus in cities with a population
891-greater than 500,000. The remaining two-thirds of the annual
892-appropriation prior to July 1, 2011 shall be used for grants to
893-convention and tourism bureaus in the remainder of the State,
894-in accordance with a formula based upon the population served.
895-Of the amounts appropriated annually to the Department for
896-expenditure under this Section beginning July 1, 2011, 18% of
897-such moneys shall be used for grants to convention and tourism
898-bureaus in cities with a population greater than 500,000. Of
899-the amounts appropriated annually to the Department for
900-
901-
902-expenditure under this Section beginning July 1, 2011, 82% of
903-such moneys shall be used for grants to convention bureaus in
904-the remainder of the State, in accordance with a formula based
905-upon the population served. The Department may reserve up to
906-3% of total local tourism funds available for costs of
907-administering the program to conduct audits of grants, to
908-provide incentive funds to those bureaus that will conduct
909-promotional activities designed to further the Department's
910-statewide advertising campaign, to fund special statewide
911-promotional activities, and to fund promotional activities
912-that support an increased use of the State's parks or historic
913-sites. The Department shall require that any convention and
914-tourism bureau receiving a grant under this Section that
915-requires matching funds shall provide matching funds equal to
916-no less than 50% of the grant amount, except that: (1) in
917-Fiscal Years 2021 through 2024 only, the Department shall
918-require that any convention and tourism bureau receiving a
919-grant under this Section that requires matching funds shall
920-provide matching funds equal to no less than 25% of the grant
921-amount; (2) in Fiscal Year 2025, the Department shall require
922-that any convention and tourism bureau receiving a grant under
923-this Section that requires matching funds shall provide
924-matching funds equal to no less than 30% of the grant amount;
925-and (3) in Fiscal Year 2026, the Department shall require that
926-any convention and tourism bureau receiving a grant under this
927-Section that requires matching funds shall provide matching
928-
929-
930-funds equal to no less than 40% of the grant amount. During
931-fiscal year 2013, the Department shall reserve $2,000,000 of
932-the available local tourism funds for appropriation to the
933-Historic Preservation Agency for the operation of the Abraham
934-Lincoln Presidential Library and Museum and State historic
935-sites.
936-To provide for the expeditious and timely implementation
937-of the changes made by Public Act 101-636, emergency rules to
938-implement the changes made by Public Act 101-636 may be
939-adopted by the Department subject to the provisions of Section
940-5-45 of the Illinois Administrative Procedure Act.
941-(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
942-103-8, eff. 6-7-23.)
943-Section 3-9. The Mental Health and Developmental
944-Disabilities Administrative Act is amended by changing Section
945-74 as follows:
946-(20 ILCS 1705/74)
947-Sec. 74. Rates and reimbursements.
948-(a) Within 30 days after July 6, 2017 (the effective date
949-of Public Act 100-23), the Department shall increase rates and
950-reimbursements to fund a minimum of a $0.75 per hour wage
951-increase for front-line personnel, including, but not limited
952-to, direct support professionals, aides, front-line
953-supervisors, qualified intellectual disabilities
954-
955-
956-professionals, nurses, and non-administrative support staff
957-working in community-based provider organizations serving
958-individuals with developmental disabilities. The Department
959-shall adopt rules, including emergency rules under subsection
960-(y) of Section 5-45 of the Illinois Administrative Procedure
961-Act, to implement the provisions of this Section.
962-(b) Rates and reimbursements. Within 30 days after June 4,
963-2018 (the effective date of Public Act 100-587), the
964-Department shall increase rates and reimbursements to fund a
965-minimum of a $0.50 per hour wage increase for front-line
966-personnel, including, but not limited to, direct support
967-professionals, aides, front-line supervisors, qualified
968-intellectual disabilities professionals, nurses, and
969-non-administrative support staff working in community-based
970-provider organizations serving individuals with developmental
971-disabilities. The Department shall adopt rules, including
972-emergency rules under subsection (bb) of Section 5-45 of the
973-Illinois Administrative Procedure Act, to implement the
974-provisions of this Section.
975-(c) Rates and reimbursements. Within 30 days after June 5,
976-2019 (the effective date of Public Act 101-10), subject to
977-federal approval, the Department shall increase rates and
978-reimbursements in effect on June 30, 2019 for community-based
979-providers for persons with Developmental Disabilities by 3.5%
980-The Department shall adopt rules, including emergency rules
981-under subsection (jj) of Section 5-45 of the Illinois
982-
983-
984-Administrative Procedure Act, to implement the provisions of
985-this Section, including wage increases for direct care staff.
986-(d) For community-based providers serving persons with
987-intellectual/developmental disabilities, subject to federal
988-approval of any relevant Waiver Amendment, the rates taking
989-effect for services delivered on or after January 1, 2022,
990-shall include an increase in the rate methodology sufficient
991-to provide a $1.50 per hour wage increase for direct support
992-professionals in residential settings and sufficient to
993-provide wages for all residential non-executive direct care
994-staff, excluding direct support professionals, at the federal
995-Department of Labor, Bureau of Labor Statistics' average wage
996-as defined in rule by the Department.
997-The establishment of and any changes to the rate
998-methodologies for community-based services provided to persons
999-with intellectual/developmental disabilities are subject to
1000-federal approval of any relevant Waiver Amendment and shall be
1001-defined in rule by the Department. The Department shall adopt
1002-rules, including emergency rules as authorized by Section 5-45
1003-of the Illinois Administrative Procedure Act, to implement the
1004-provisions of this subsection (d).
1005-(e) For community-based providers serving persons with
1006-intellectual/developmental disabilities, subject to federal
1007-approval of any relevant Waiver Amendment, the rates taking
1008-effect for services delivered on or after January 1, 2023,
1009-shall include an increase in the rate methodology sufficient
1010-
1011-
1012-to provide a $1.00 per hour wage increase for all direct
1013-support professionals and all other frontline personnel who
1014-are not subject to the Bureau of Labor Statistics' average
1015-wage increases, who work in residential and community day
1016-services settings, with at least $0.50 of those funds to be
1017-provided as a direct increase to base wages, with the
1018-remaining $0.50 to be used flexibly for base wage increases.
1019-In addition, the rates taking effect for services delivered on
1020-or after January 1, 2023 shall include an increase sufficient
1021-to provide wages for all residential non-executive direct care
1022-staff, excluding direct support professionals, at the federal
1023-Department of Labor, Bureau of Labor Statistics' average wage
1024-as defined in rule by the Department.
1025-The establishment of and any changes to the rate
1026-methodologies for community-based services provided to persons
1027-with intellectual/developmental disabilities are subject to
1028-federal approval of any relevant Waiver Amendment and shall be
1029-defined in rule by the Department. The Department shall adopt
1030-rules, including emergency rules as authorized by Section 5-45
1031-of the Illinois Administrative Procedure Act, to implement the
1032-provisions of this subsection.
1033-(f) For community-based providers serving persons with
1034-intellectual/developmental disabilities, subject to federal
1035-approval of any relevant Waiver Amendment, the rates taking
1036-effect for services delivered on or after January 1, 2024
1037-shall include an increase in the rate methodology sufficient
1038-
1039-
1040-to provide a $2.50 per hour wage increase for all direct
1041-support professionals and all other frontline personnel who
1042-are not subject to the Bureau of Labor Statistics' average
1043-wage increases and who work in residential and community day
1044-services settings. At least $1.25 of the per hour wage
1045-increase shall be provided as a direct increase to base wages,
1046-and the remaining $1.25 of the per hour wage increase shall be
1047-used flexibly for base wage increases. In addition, the rates
1048-taking effect for services delivered on or after January 1,
1049-2024 shall include an increase sufficient to provide wages for
1050-all residential non-executive direct care staff, excluding
1051-direct support professionals, at the federal Department of
1052-Labor, Bureau of Labor Statistics' average wage as defined in
1053-rule by the Department.
1054-The establishment of and any changes to the rate
1055-methodologies for community-based services provided to persons
1056-with intellectual/developmental disabilities are subject to
1057-federal approval of any relevant Waiver Amendment and shall be
1058-defined in rule by the Department. The Department shall adopt
1059-rules, including emergency rules as authorized by Section 5-45
1060-of the Illinois Administrative Procedure Act, to implement the
1061-provisions of this subsection.
1062-(g) For community-based providers serving persons with
1063-intellectual or developmental disabilities, subject to federal
1064-approval of any relevant Waiver Amendment, the rates taking
1065-effect for services delivered on or after January 1, 2025
1066-
1067-
1068-shall include an increase in the rate methodology sufficient
1069-to provide a $1 per hour wage rate increase for all direct
1070-support personnel and all other frontline personnel who are
1071-not subject to the Bureau of Labor Statistics' average wage
1072-increases and who work in residential and community day
1073-services settings, with at least $0.75 of those funds to be
1074-provided as a direct increase to base wages and the remaining
1075-$0.25 to be used flexibly for base wage increases. These
1076-increases shall not be used by community-based providers for
1077-operational or administrative expenses. In addition, the rates
1078-taking effect for services delivered on or after January 1,
1079-2025 shall include an increase sufficient to provide wages for
1080-all residential non-executive direct care staff, excluding
1081-direct support personnel, at the federal Department of Labor,
1082-Bureau of Labor Statistics' average wage as defined by rule by
1083-the Department. For services delivered on or after January 1,
1084-2025, the rates shall include adjustments to
1085-employment-related expenses as defined by rule by the
1086-Department.
1087-The establishment of and any changes to the rate
1088-methodologies for community-based services provided to persons
1089-with intellectual or developmental disabilities are subject to
1090-federal approval of any relevant Waiver Amendment and shall be
1091-defined in rule by the Department. The Department shall adopt
1092-rules, including emergency rules as authorized by Section 5-45
1093-of the Illinois Administrative Procedure Act, to implement the
1094-
1095-
1096-provisions of this subsection.
1097-(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
1098-102-830, eff. 1-1-23; 103-8, eff. 6-7-23; 103-154, eff.
1099-6-30-23.)
1100-Section 3-10. The Governor's Office of Management and
1101-Budget Act is amended by adding Section 7.4 as follows:
1102-(20 ILCS 3005/7.4 new)
1103-Sec. 7.4. Monthly revenues reporting. No later than the
1104-15th day following the end of each month, the Office shall
1105-prepare and publish a written report including, at a minimum,
1106-the following information:
1107-(1) year-to-date general funds revenues as compared to
1108-anticipated revenues;
1109-(2) year-to-date general funds expenditures as
1110-compared to the then current fiscal year budget as
1111-enacted; and
1112-(3) any transfers between budget lines pursuant to
1113-Section 13.2 of the State Finance Act exceeding 2%.
1114-Section 3-11. The Illinois Emergency Management Agency Act
1115-is amended by changing Section 5 as follows:
1116-(20 ILCS 3305/5) (from Ch. 127, par. 1055)
1117-Sec. 5. Illinois Emergency Management Agency.
1118-
1119-
1120-(a) There is created within the executive branch of the
1121-State Government an Illinois Emergency Management Agency and a
1122-Director of the Illinois Emergency Management Agency, herein
1123-called the "Director" who shall be the head thereof. The
1124-Director shall be appointed by the Governor, with the advice
1125-and consent of the Senate, and shall serve for a term of 2
1126-years beginning on the third Monday in January of the
1127-odd-numbered year, and until a successor is appointed and has
1128-qualified; except that the term of the first Director
1129-appointed under this Act shall expire on the third Monday in
1130-January, 1989. The Director shall not hold any other
1131-remunerative public office. For terms beginning after January
1132-18, 2019 (the effective date of Public Act 100-1179) and
1133-before January 16, 2023, the annual salary of the Director
1134-shall be as provided in Section 5-300 of the Civil
1135-Administrative Code of Illinois. Notwithstanding any other
1136-provision of law, for terms beginning on or after January 16,
1137-2023, the Director shall receive an annual salary of $180,000
1138-or as set by the Governor, whichever is higher. On July 1,
1139-2023, and on each July 1 thereafter, the Director shall
1140-receive an increase in salary based on a cost of living
1141-adjustment as authorized by Senate Joint Resolution 192 of the
1142-86th General Assembly.
1143-For terms beginning on or after January 16, 2023, the
1144-Assistant Director of the Illinois Emergency Management Agency
1145-shall receive an annual salary of $156,600 or as set by the
1146-
1147-
1148-Governor, whichever is higher. On July 1, 2023, and on each
1149-July 1 thereafter, the Assistant Director shall receive an
1150-increase in salary based on a cost of living adjustment as
1151-authorized by Senate Joint Resolution 192 of the 86th General
1152-Assembly.
1153-(b) The Illinois Emergency Management Agency shall obtain,
1154-under the provisions of the Personnel Code, technical,
1155-clerical, stenographic and other administrative personnel, and
1156-may make expenditures within the appropriation therefor as may
1157-be necessary to carry out the purpose of this Act. The agency
1158-created by this Act is intended to be a successor to the agency
1159-created under the Illinois Emergency Services and Disaster
1160-Agency Act of 1975 and the personnel, equipment, records, and
1161-appropriations of that agency are transferred to the successor
1162-agency as of June 30, 1988 (the effective date of this Act).
1163-(c) The Director, subject to the direction and control of
1164-the Governor, shall be the executive head of the Illinois
1165-Emergency Management Agency and the State Emergency Response
1166-Commission and shall be responsible under the direction of the
1167-Governor, for carrying out the program for emergency
1168-management of this State. The Director shall also maintain
1169-liaison and cooperate with the emergency management
1170-organizations of this State and other states and of the
1171-federal government.
1172-(d) The Illinois Emergency Management Agency shall take an
1173-integral part in the development and revision of political
1174-
1175-
1176-subdivision emergency operations plans prepared under
1177-paragraph (f) of Section 10. To this end it shall employ or
1178-otherwise secure the services of professional and technical
1179-personnel capable of providing expert assistance to the
1180-emergency services and disaster agencies. These personnel
1181-shall consult with emergency services and disaster agencies on
1182-a regular basis and shall make field examinations of the
1183-areas, circumstances, and conditions that particular political
1184-subdivision emergency operations plans are intended to apply.
1185-(e) The Illinois Emergency Management Agency and political
1186-subdivisions shall be encouraged to form an emergency
1187-management advisory committee composed of private and public
1188-personnel representing the emergency management phases of
1189-mitigation, preparedness, response, and recovery. The Local
1190-Emergency Planning Committee, as created under the Illinois
1191-Emergency Planning and Community Right to Know Act, shall
1192-serve as an advisory committee to the emergency services and
1193-disaster agency or agencies serving within the boundaries of
1194-that Local Emergency Planning Committee planning district for:
1195-(1) the development of emergency operations plan
1196-provisions for hazardous chemical emergencies; and
1197-(2) the assessment of emergency response capabilities
1198-related to hazardous chemical emergencies.
1199-(f) The Illinois Emergency Management Agency shall:
1200-(1) Coordinate the overall emergency management
1201-program of the State.
1202-
1203-
1204-(2) Cooperate with local governments, the federal
1205-government, and any public or private agency or entity in
1206-achieving any purpose of this Act and in implementing
1207-emergency management programs for mitigation,
1208-preparedness, response, and recovery.
1209-(2.5) Develop a comprehensive emergency preparedness
1210-and response plan for any nuclear accident in accordance
1211-with Section 65 of the Nuclear Safety Law of 2004 and in
1212-development of the Illinois Nuclear Safety Preparedness
1213-program in accordance with Section 8 of the Illinois
1214-Nuclear Safety Preparedness Act.
1215-(2.6) Coordinate with the Department of Public Health
1216-with respect to planning for and responding to public
1217-health emergencies.
1218-(3) Prepare, for issuance by the Governor, executive
1219-orders, proclamations, and regulations as necessary or
1220-appropriate in coping with disasters.
1221-(4) Promulgate rules and requirements for political
1222-subdivision emergency operations plans that are not
1223-inconsistent with and are at least as stringent as
1224-applicable federal laws and regulations.
1225-(5) Review and approve, in accordance with Illinois
1226-Emergency Management Agency rules, emergency operations
1227-plans for those political subdivisions required to have an
1228-emergency services and disaster agency pursuant to this
1229-Act.
1230-
1231-
1232-(5.5) Promulgate rules and requirements for the
1233-political subdivision emergency management exercises,
1234-including, but not limited to, exercises of the emergency
1235-operations plans.
1236-(5.10) Review, evaluate, and approve, in accordance
1237-with Illinois Emergency Management Agency rules, political
1238-subdivision emergency management exercises for those
1239-political subdivisions required to have an emergency
1240-services and disaster agency pursuant to this Act.
1241-(6) Determine requirements of the State and its
1242-political subdivisions for food, clothing, and other
1243-necessities in event of a disaster.
1244-(7) Establish a register of persons with types of
1245-emergency management training and skills in mitigation,
1246-preparedness, response, and recovery.
1247-(8) Establish a register of government and private
1248-response resources available for use in a disaster.
1249-(9) Expand the Earthquake Awareness Program and its
1250-efforts to distribute earthquake preparedness materials to
1251-schools, political subdivisions, community groups, civic
1252-organizations, and the media. Emphasis will be placed on
1253-those areas of the State most at risk from an earthquake.
1254-Maintain the list of all school districts, hospitals,
1255-airports, power plants, including nuclear power plants,
1256-lakes, dams, emergency response facilities of all types,
1257-and all other major public or private structures which are
1258-
1259-
1260-at the greatest risk of damage from earthquakes under
1261-circumstances where the damage would cause subsequent harm
1262-to the surrounding communities and residents.
1263-(10) Disseminate all information, completely and
1264-without delay, on water levels for rivers and streams and
1265-any other data pertaining to potential flooding supplied
1266-by the Division of Water Resources within the Department
1267-of Natural Resources to all political subdivisions to the
1268-maximum extent possible.
1269-(11) Develop agreements, if feasible, with medical
1270-supply and equipment firms to supply resources as are
1271-necessary to respond to an earthquake or any other
1272-disaster as defined in this Act. These resources will be
1273-made available upon notifying the vendor of the disaster.
1274-Payment for the resources will be in accordance with
1275-Section 7 of this Act. The Illinois Department of Public
1276-Health shall determine which resources will be required
1277-and requested.
1278-(11.5) In coordination with the Illinois State Police,
1279-develop and implement a community outreach program to
1280-promote awareness among the State's parents and children
1281-of child abduction prevention and response.
1282-(12) Out of funds appropriated for these purposes,
1283-award capital and non-capital grants to Illinois hospitals
1284-or health care facilities located outside of a city with a
1285-population in excess of 1,000,000 to be used for purposes
1286-
1287-
1288-that include, but are not limited to, preparing to respond
1289-to mass casualties and disasters, maintaining and
1290-improving patient safety and quality of care, and
1291-protecting the confidentiality of patient information. No
1292-single grant for a capital expenditure shall exceed
1293-$300,000. No single grant for a non-capital expenditure
1294-shall exceed $100,000. In awarding such grants, preference
1295-shall be given to hospitals that serve a significant
1296-number of Medicaid recipients, but do not qualify for
1297-disproportionate share hospital adjustment payments under
1298-the Illinois Public Aid Code. To receive such a grant, a
1299-hospital or health care facility must provide funding of
1300-at least 50% of the cost of the project for which the grant
1301-is being requested. In awarding such grants the Illinois
1302-Emergency Management Agency shall consider the
1303-recommendations of the Illinois Hospital Association.
1304-(13) Do all other things necessary, incidental or
1305-appropriate for the implementation of this Act.
1306-(g) The Illinois Emergency Management Agency is authorized
1307-to make grants to various higher education institutions,
1308-public K-12 school districts, area vocational centers as
1309-designated by the State Board of Education, inter-district
1310-special education cooperatives, regional safe schools, and
1311-nonpublic K-12 schools for safety and security improvements.
1312-For the purpose of this subsection (g), "higher education
1313-institution" means a public university, a public community
1314-
1315-
1316-college, or an independent, not-for-profit or for-profit
1317-higher education institution located in this State. Grants
1318-made under this subsection (g) shall be paid out of moneys
1319-appropriated for that purpose from the Build Illinois Bond
1320-Fund. The Illinois Emergency Management Agency shall adopt
1321-rules to implement this subsection (g). These rules may
1322-specify: (i) the manner of applying for grants; (ii) project
1323-eligibility requirements; (iii) restrictions on the use of
1324-grant moneys; (iv) the manner in which the various higher
1325-education institutions must account for the use of grant
1326-moneys; and (v) any other provision that the Illinois
1327-Emergency Management Agency determines to be necessary or
1328-useful for the administration of this subsection (g).
1329-(g-5) The Illinois Emergency Management Agency is
1330-authorized to make grants to not-for-profit organizations
1331-which are exempt from federal income taxation under section
1332-501(c)(3) of the Federal Internal Revenue Code for eligible
1333-security improvements that assist the organization in
1334-preventing, preparing for, or responding to threats, attacks,
1335-or acts of terrorism. To be eligible for a grant under the
1336-program, the Agency must determine that the organization is at
1337-a high risk of being subject to threats, attacks, or acts of
1338-terrorism based on the organization's profile, ideology,
1339-mission, or beliefs. Eligible security improvements shall
1340-include all eligible preparedness activities under the federal
1341-Nonprofit Security Grant Program, including, but not limited
1342-
1343-
1344-to, physical security upgrades, security training exercises,
1345-preparedness training exercises, contracting with security
1346-personnel, and any other security upgrades deemed eligible by
1347-the Director. Eligible security improvements shall not
1348-duplicate, in part or in whole, a project included under any
1349-awarded federal grant or in a pending federal application. The
1350-Director shall establish procedures and forms by which
1351-applicants may apply for a grant and procedures for
1352-distributing grants to recipients. Any security improvements
1353-awarded shall remain at the physical property listed in the
1354-grant application, unless authorized by Agency rule or
1355-approved by the Agency in writing. The procedures shall
1356-require each applicant to do the following:
1357-(1) identify and substantiate prior or current
1358-threats, attacks, or acts of terrorism against the
1359-not-for-profit organization;
1360-(2) indicate the symbolic or strategic value of one or
1361-more sites that renders the site a possible target of a
1362-threat, attack, or act of terrorism;
1363-(3) discuss potential consequences to the organization
1364-if the site is damaged, destroyed, or disrupted by a
1365-threat, attack, or act of terrorism;
1366-(4) describe how the grant will be used to integrate
1367-organizational preparedness with broader State and local
1368-preparedness efforts, as described by the Agency in each
1369-Notice of Opportunity for Funding;
1370-
1371-
1372-(5) submit (i) a vulnerability assessment conducted by
1373-experienced security, law enforcement, or military
1374-personnel, or conducted using an Agency-approved or
1375-federal Nonprofit Security Grant Program self-assessment
1376-tool, and (ii) a description of how the grant award will be
1377-used to address the vulnerabilities identified in the
1378-assessment; and
1379-(6) submit any other relevant information as may be
1380-required by the Director.
1381-The Agency is authorized to use funds appropriated for the
1382-grant program described in this subsection (g-5) to administer
1383-the program. Any Agency Notice of Opportunity for Funding,
1384-proposed or final rulemaking, guidance, training opportunity,
1385-or other resource related to the grant program must be
1386-published on the Agency's publicly available website, and any
1387-announcements related to funding shall be shared with all
1388-State legislative offices, the Governor's office, emergency
1389-services and disaster agencies mandated or required pursuant
1390-to subsections (b) through (d) of Section 10, and any other
1391-State agencies as determined by the Agency. Subject to
1392-appropriation, the grant application period shall be open for
1393-no less than 45 calendar days during the first application
1394-cycle each fiscal year, unless the Agency determines that a
1395-shorter period is necessary to avoid conflicts with the annual
1396-federal Nonprofit Security Grant Program funding cycle.
1397-Additional application cycles may be conducted during the same
1398-
1399-
1400-fiscal year, subject to availability of funds. Upon request,
1401-Agency staff shall provide reasonable assistance to any
1402-applicant in completing a grant application or meeting a
1403-post-award requirement.
1404-In addition to any advance payment rules or procedures
1405-adopted by the Agency, the Agency shall adopt rules or
1406-procedures by which grantees under this subsection (g-5) may
1407-receive a working capital advance of initial start-up costs
1408-and up to 2 months of program expenses, not to exceed 25% of
1409-the total award amount, if, during the application process,
1410-the grantee demonstrates a need for funds to commence a
1411-project. The remaining funds must be paid through
1412-reimbursement after the grantee presents sufficient supporting
1413-documentation of expenditures for eligible activities.
1414-(h) Except as provided in Section 17.5 of this Act, any
1415-moneys received by the Agency from donations or sponsorships
1416-unrelated to a disaster shall be deposited in the Emergency
1417-Planning and Training Fund and used by the Agency, subject to
1418-appropriation, to effectuate planning and training activities.
1419-Any moneys received by the Agency from donations during a
1420-disaster and intended for disaster response or recovery shall
1421-be deposited into the Disaster Response and Recovery Fund and
1422-used for disaster response and recovery pursuant to the
1423-Disaster Relief Act.
1424-(i) The Illinois Emergency Management Agency may by rule
1425-assess and collect reasonable fees for attendance at
1426-
1427-
1428-Agency-sponsored conferences to enable the Agency to carry out
1429-the requirements of this Act. Any moneys received under this
1430-subsection shall be deposited in the Emergency Planning and
1431-Training Fund and used by the Agency, subject to
1432-appropriation, for planning and training activities.
1433-(j) The Illinois Emergency Management Agency is authorized
1434-to make grants to other State agencies, public universities,
1435-units of local government, and statewide mutual aid
1436-organizations to enhance statewide emergency preparedness and
1437-response.
1438-(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
1439-102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff.
1440-1-1-24.)
1441-Section 3-15. The State Finance Act is amended by changing
1442-Section 6z-129 as follows:
1443-(30 ILCS 105/6z-129)
1444-Sec. 6z-129. Horse Racing Purse Equity Fund. The Horse
1445-Racing Purse Equity Fund is a nonappropriated trust fund held
1446-outside of the State treasury. Within 30 calendar days after
1447-funds are deposited in the Horse Racing Purse Equity Fund and
1448-the applicable grant agreement is executed, whichever is
1449-later, the Department of Agriculture shall transfer the entire
1450-balance in the Fund to the organization licensees that hold
1451-purse moneys that support each of the legally recognized
1452-
1453-
1454-horsemen's associations that have contracted with an
1455-organization licensee over the immediately preceding 3
1456-calendar years under subsection (d) of Section 29 of the
1457-Illinois Horse Racing Act of 1975. The 2024 2023 division of
1458-such fund balance among the qualifying purse accounts shall be
1459-pursuant to the 2021 agreement of the involved horsemen
1460-associations with 45% being allocated to the thoroughbred
1461-purse account at a racetrack located in Stickney Township in
1462-Cook County, 30% being allocated to the harness purse account
1463-at a racetrack located in Stickney Township in Cook County,
1464-and 25% being allocated to the thoroughbred purse account at a
1465-racetrack located in Madison County. Transfers may be made to
1466-an organization licensee that has one or more executed grant
1467-agreements while the other organization licensee awaits
1468-finalization and execution of its grant agreement or
1469-agreements. All funds transferred to purse accounts pursuant
1470-to this Section shall be for the sole purpose of augmenting
1471-future purses during State fiscal year 2025 2024. For purposes
1472-of this Section, a legally recognized horsemen association is
1473-that horsemen association representing the largest number of
1474-owners, trainers, jockeys or Standardbred drivers who race
1475-horses at an Illinois organization licensee and that enter
1476-into agreements with Illinois organization licenses to govern
1477-the racing meet and that also provide required consents
1478-pursuant to the Illinois Horse Racing Act of 1975.
1479-(Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23.)
1480-
1481-
1482-Section 3-22. The Illinois Pension Code is amended by
1483-changing Sections 16-150.1 and 17-149, as follows:
1484-(40 ILCS 5/16-150.1)
1485-Sec. 16-150.1. Return to teaching in subject shortage
1486-area.
1487-(a) As used in this Section, "eligible employment" means
1488-employment beginning on or after July 1, 2003 and ending no
1489-later than June 30, 2027 2024, in a subject shortage area at a
1490-qualified school, in a position requiring certification under
1491-the law governing the certification of teachers.
1492-As used in this Section, "qualified school" means a public
1493-elementary or secondary school that meets all of the following
1494-requirements:
1495-(1) At the time of hiring a retired teacher under this
1496-Section, the school is experiencing a shortage of teachers
1497-in the subject shortage area for which the teacher is
1498-hired.
1499-(2) The school district to which the school belongs
1500-has complied with the requirements of subsection (e), and
1501-the regional superintendent has certified that compliance
1502-to the System.
1503-(3) If the school district to which the school belongs
1504-provides group health benefits for its teachers generally,
1505-substantially similar health benefits are made available
1506-
1507-
1508-for teachers participating in the program under this
1509-Section, without any limitations based on pre-existing
1510-conditions.
1511-(b) An annuitant receiving a retirement annuity under this
1512-Article (other than a disability retirement annuity) may
1513-engage in eligible employment at a qualified school without
1514-impairing his or her retirement status or retirement annuity,
1515-subject to the following conditions:
1516-(1) the eligible employment does not begin within the
1517-school year during which service was terminated;
1518-(2) the annuitant has not received any early
1519-retirement incentive under Section 16-133.3, 16-133.4, or
1520-16-133.5;
1521-(3) if the annuitant retired before age 60 and with
1522-less than 34 years of service, the eligible employment
1523-does not begin within the year following the effective
1524-date of the retirement annuity;
1525-(4) if the annuitant retired at age 60 or above or with
1526-34 or more years of service, the eligible employment does
1527-not begin within the 90 days following the effective date
1528-of the retirement annuity; and
1529-(5) before the eligible employment begins, the
1530-employer notifies the System in writing of the annuitant's
1531-desire to participate in the program established under
1532-this Section.
1533-(c) An annuitant engaged in eligible employment in
1534-
1535-
1536-accordance with subsection (b) shall be deemed a participant
1537-in the program established under this Section for so long as he
1538-or she remains employed in eligible employment.
1539-(d) A participant in the program established under this
1540-Section continues to be a retirement annuitant, rather than an
1541-active teacher, for all of the purposes of this Code, but shall
1542-be deemed an active teacher for other purposes, such as
1543-inclusion in a collective bargaining unit, eligibility for
1544-group health benefits, and compliance with the laws governing
1545-the employment, regulation, certification, treatment, and
1546-conduct of teachers.
1547-With respect to an annuitant's eligible employment under
1548-this Section, neither employee nor employer contributions
1549-shall be made to the System and no additional service credit
1550-shall be earned. Eligible employment does not affect the
1551-annuitant's final average salary or the amount of the
1552-retirement annuity.
1553-(e) Before hiring a teacher under this Section, the school
1554-district to which the school belongs must do the following:
1555-(1) If the school district to which the school belongs
1556-has honorably dismissed, within the calendar year
1557-preceding the beginning of the school term for which it
1558-seeks to employ a retired teacher under the program
1559-established in this Section, any teachers who are legally
1560-qualified to hold positions in the subject shortage area
1561-and have not yet begun to receive their retirement
1562-
1563-
1564-annuities under this Article, the vacant positions must
1565-first be tendered to those teachers.
1566-(2) For a period of at least 90 days during the 6
1567-months preceding the beginning of either the fall or
1568-spring term for which it seeks to employ a retired teacher
1569-under the program established in this Section, the school
1570-district must, on an ongoing basis, (i) advertise its
1571-vacancies in the subject shortage area in employment
1572-bulletins published by college and university placement
1573-offices located near the school; (ii) search for teachers
1574-legally qualified to fill those vacancies through the
1575-Illinois Education Job Bank; and (iii) post all vacancies
1576-on the school district's website and list the vacancy in
1577-an online job portal or database.
1578-A school district replacing a teacher who is unable to
1579-continue employment with the school district because of
1580-documented illness, injury, or disability that occurred after
1581-being hired by a school district under this Section shall be
1582-exempt from the provisions of paragraph (2) for 90 school
1583-days. However, the school district must on an ongoing basis
1584-comply with items (i), (ii), and (iii) of paragraph (2).
1585-The school district must submit documentation of its
1586-compliance with this subsection to the regional
1587-superintendent. Upon receiving satisfactory documentation from
1588-the school district, the regional superintendent shall certify
1589-the district's compliance with this subsection to the System.
1590-
1591-
1592-(f) This Section applies without regard to whether the
1593-annuitant was in service on or after the effective date of this
1594-amendatory Act of the 93rd General Assembly.
1595-(Source: P.A. 101-49, eff. 7-12-19; 102-440, eff. 8-20-21.)
1596-(40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)
1597-Sec. 17-149. Cancellation of pensions.
1598-(a) If any person receiving a disability retirement
1599-pension from the Fund is re-employed as a teacher by an
1600-Employer, the pension shall be cancelled on the date the
1601-re-employment begins, or on the first day of a payroll period
1602-for which service credit was validated, whichever is earlier.
1603-(b) If any person receiving a service retirement pension
1604-from the Fund is re-employed as a teacher on a permanent or
1605-annual basis by an Employer, the pension shall be cancelled on
1606-the date the re-employment begins, or on the first day of a
1607-payroll period for which service credit was validated,
1608-whichever is earlier. However, subject to the limitations and
1609-requirements of subsection (c-5), (c-6), (c-7), or (c-10), the
1610-pension shall not be cancelled in the case of a service
1611-retirement pensioner who is re-employed on a temporary and
1612-non-annual basis or on an hourly basis.
1613-(c) If the date of re-employment on a permanent or annual
1614-basis occurs within 5 school months after the date of previous
1615-retirement, exclusive of any vacation period, the member shall
1616-be deemed to have been out of service only temporarily and not
1617-
1618-
1619-permanently retired. Such person shall be entitled to pension
1620-payments for the time he could have been employed as a teacher
1621-and received salary, but shall not be entitled to pension for
1622-or during the summer vacation prior to his return to service.
1623-When the member again retires on pension, the time of
1624-service and the money contributed by him during re-employment
1625-shall be added to the time and money previously credited. Such
1626-person must acquire 3 consecutive years of additional
1627-contributing service before he may retire again on a pension
1628-at a rate and under conditions other than those in force or
1629-attained at the time of his previous retirement.
1630-(c-5) For school years beginning on or after July 1, 2019
1631-and before July 1, 2022, the service retirement pension shall
1632-not be cancelled in the case of a service retirement pensioner
1633-who is re-employed as a teacher on a temporary and non-annual
1634-basis or on an hourly basis, so long as the person (1) does not
1635-work as a teacher for compensation on more than 120 days in a
1636-school year or (2) does not accept gross compensation for the
1637-re-employment in a school year in excess of (i) $30,000 or (ii)
1638-in the case of a person who retires with at least 5 years of
1639-service as a principal, an amount that is equal to the daily
1640-rate normally paid to retired principals multiplied by 100.
1641-These limitations apply only to school years that begin on or
1642-after July 1, 2019 and before July 1, 2022. Such re-employment
1643-does not require contributions, result in service credit, or
1644-constitute active membership in the Fund.
1645-
1646-
1647-The service retirement pension shall not be cancelled in
1648-the case of a service retirement pensioner who is re-employed
1649-as a teacher on a temporary and non-annual basis or on an
1650-hourly basis, so long as the person (1) does not work as a
1651-teacher for compensation on more than 100 days in a school year
1652-or (2) does not accept gross compensation for the
1653-re-employment in a school year in excess of (i) $30,000 or (ii)
1654-in the case of a person who retires with at least 5 years of
1655-service as a principal, an amount that is equal to the daily
1656-rate normally paid to retired principals multiplied by 100.
1657-These limitations apply only to school years that begin on or
1658-after August 8, 2012 (the effective date of Public Act 97-912)
1659-and before July 1, 2019. Such re-employment does not require
1660-contributions, result in service credit, or constitute active
1661-membership in the Fund.
1662-Notwithstanding the 120-day limit set forth in item (1) of
1663-this subsection (c-5), the service retirement pension shall
1664-not be cancelled in the case of a service retirement pensioner
1665-who teaches only driver education courses after regular school
1666-hours and does not teach any other subject area, so long as the
1667-person does not work as a teacher for compensation for more
1668-than 900 hours in a school year. The $30,000 limit set forth in
1669-subitem (i) of item (2) of this subsection (c-5) shall apply to
1670-a service retirement pensioner who teaches only driver
1671-education courses after regular school hours and does not
1672-teach any other subject area.
1673-
1674-
1675-To be eligible for such re-employment without cancellation
1676-of pension, the pensioner must notify the Fund and the Board of
1677-Education of his or her intention to accept re-employment
1678-under this subsection (c-5) before beginning that
1679-re-employment (or if the re-employment began before August 8,
1680-2012 (the effective date of Public Act 97-912), then within 30
1681-days after that effective date).
1682-An Employer must certify to the Fund the temporary and
1683-non-annual or hourly status and the compensation of each
1684-pensioner re-employed under this subsection at least
1685-quarterly, and when the pensioner is approaching the earnings
1686-limitation under this subsection.
1687-If the pensioner works more than 100 days or accepts
1688-excess gross compensation for such re-employment in any school
1689-year that begins on or after August 8, 2012 (the effective date
1690-of Public Act 97-912), the service retirement pension shall
1691-thereupon be cancelled.
1692-If the pensioner who only teaches drivers education
1693-courses after regular school hours works more than 900 hours
1694-or accepts excess gross compensation for such re-employment in
1695-any school year that begins on or after August 12, 2016 (the
1696-effective date of Public Act 99-786), the service retirement
1697-pension shall thereupon be cancelled.
1698-If the pensioner works more than 120 days or accepts
1699-excess gross compensation for such re-employment in any school
1700-year that begins on or after July 1, 2019, the service
1701-
1702-
1703-retirement pension shall thereupon be cancelled.
1704-The Board of the Fund shall adopt rules for the
1705-implementation and administration of this subsection.
1706-(c-6) For school years beginning on or after July 1, 2022
1707-and before July 1, 2027 2024, the service retirement pension
1708-shall not be cancelled in the case of a service retirement
1709-pensioner who is re-employed as a teacher or an administrator
1710-on a temporary and non-annual basis or on an hourly basis, so
1711-long as the person does not work as a teacher or an
1712-administrator for compensation on more than 140 days in a
1713-school year. Such re-employment does not require
1714-contributions, result in service credit, or constitute active
1715-membership in the Fund.
1716-(c-7) For school years beginning on or after July 1, 2027
1717-2024, the service retirement pension shall not be cancelled in
1718-the case of a service retirement pensioner who is re-employed
1719-as a teacher or an administrator on a temporary and non-annual
1720-basis or on an hourly basis, so long as the person does not
1721-work as a teacher or an administrator for compensation on more
1722-than 120 days in a school year. Such re-employment does not
1723-require contributions, result in service credit, or constitute
1724-active membership in the Fund.
1725-(c-10) Until June 30, 2027 2024, the service retirement
1726-pension of a service retirement pensioner shall not be
1727-cancelled if the service retirement pensioner is employed in a
1728-subject shortage area and the Employer that is employing the
1729-
1730-
1731-service retirement pensioner meets the following requirements:
1732-(1) If the Employer has honorably dismissed, within
1733-the calendar year preceding the beginning of the school
1734-term for which it seeks to employ a service retirement
1735-pensioner under this subsection, any teachers who are
1736-legally qualified to hold positions in the subject
1737-shortage area and have not yet begun to receive their
1738-service retirement pensions under this Article, the vacant
1739-positions must first be tendered to those teachers.
1740-(2) For a period of at least 90 days during the 6
1741-months preceding the beginning of either the fall or
1742-spring term for which it seeks to employ a service
1743-retirement pensioner under this subsection, the Employer
1744-must, on an ongoing basis, (i) advertise its vacancies in
1745-the subject shortage area in employment bulletins
1746-published by college and university placement offices
1747-located near the school; (ii) search for teachers legally
1748-qualified to fill those vacancies through the Illinois
1749-Education Job Bank; and (iii) post all vacancies on the
1750-Employer's website and list the vacancy in an online job
1751-portal or database.
1752-An Employer of a teacher who is unable to continue
1753-employment with the Employer because of documented illness,
1754-injury, or disability that occurred after being hired by the
1755-Employer under this subsection is exempt from the provisions
1756-of paragraph (2) for 90 school days. However, the Employer
1757-
1758-
1759-must on an ongoing basis comply with items (i), (ii), and (iii)
1760-of paragraph (2).
1761-The Employer must submit documentation of its compliance
1762-with this subsection to the regional superintendent. Upon
1763-receiving satisfactory documentation from the Employer, the
1764-regional superintendent shall certify the Employer's
1765-compliance with this subsection to the Fund.
1766-(d) Notwithstanding Sections 1-103.1 and 17-157, the
1767-changes to this Section made by Public Act 90-32 apply without
1768-regard to whether termination of service occurred before the
1769-effective date of that Act and apply retroactively to August
1770-23, 1989.
1771-Notwithstanding Sections 1-103.1 and 17-157, the changes
1772-to this Section and Section 17-106 made by Public Act 92-599
1773-apply without regard to whether termination of service
1774-occurred before June 28, 2002 (the effective date of Public
1775-Act 92-599).
1776-Notwithstanding Sections 1-103.1 and 17-157, the changes
1777-to this Section made by Public Act 97-912 apply without regard
1778-to whether termination of service occurred before August 8,
1779-2012 (the effective date of Public Act 97-912).
1780-(Source: P.A. 102-1013, eff. 5-27-22; 102-1090, eff. 6-10-22;
1781-103-154, eff. 6-30-23.)
1782-Section 3-25. The Law Enforcement Camera Grant Act is
1783-amended by changing Section 10 as follows:
1784-
1785-
1786-(50 ILCS 707/10)
1787-Sec. 10. Law Enforcement Camera Grant Fund; creation,
1788-rules.
1789-(a) The Law Enforcement Camera Grant Fund is created as a
1790-special fund in the State treasury. From appropriations to the
1791-Board from the Fund, the Board must make grants to units of
1792-local government in Illinois and Illinois public universities
1793-for the purpose of (1) purchasing or leasing in-car video
1794-cameras for use in law enforcement vehicles, (2) purchasing or
1795-leasing officer-worn body cameras and associated technology
1796-for law enforcement officers, and (3) training for law
1797-enforcement officers in the operation of the cameras. Grants
1798-under this Section may be used to offset data storage and
1799-related licensing costs for officer-worn body cameras. For the
1800-purposes of this Section, "purchasing or leasing" includes
1801-providing funding to units of local government in advance that
1802-can be used to obtain this equipment rather than only for
1803-reimbursement of purchased equipment.
1804-Moneys received for the purposes of this Section,
1805-including, without limitation, fee receipts and gifts, grants,
1806-and awards from any public or private entity, must be
1807-deposited into the Fund. Any interest earned on moneys in the
1808-Fund must be deposited into the Fund.
1809-(b) The Board may set requirements for the distribution of
1810-grant moneys and determine which law enforcement agencies are
1811-
1812-
1813-eligible.
1814-(b-5) The Board shall consider compliance with the Uniform
1815-Crime Reporting Act as a factor in awarding grant moneys.
1816-(c) (Blank).
1817-(d) (Blank).
1818-(e) (Blank).
1819-(f) (Blank).
1820-(g) (Blank).
1821-(h) (Blank).
1822-(Source: P.A. 102-16, eff. 6-17-21; 102-1104, eff. 12-6-22.)
1823-Section 3-27. The Illinois Library System Act is amended
1824-by changing Section 8 as follows:
1825-(75 ILCS 10/8) (from Ch. 81, par. 118)
1826-Sec. 8. State grants.
1827-(a) There shall be a program of State grants within the
1828-limitations of funds appropriated by the Illinois General
1829-Assembly together with other funds made available by the
1830-federal government or other sources for this purpose. This
1831-program of State grants shall be administered by the State
1832-Librarian in accordance with rules and regulations as provided
1833-in Section 3 of this Act and shall include the following: (i)
1834-annual equalization grants; (ii) Library System grants; (iii)
1835-per capita grants to public libraries; and (iv) planning and
1836-construction grants to public libraries and library systems.
1837-
1838-
1839-Libraries, in order to be eligible for grants under this
1840-Section, must be members of a library system.
1841-(b) An annual equalization grant shall be made to all
1842-public libraries for which the corporate authorities levy a
1843-tax for library purposes at a rate not less than .13% of the
1844-value of all the taxable property as equalized and assessed by
1845-the Department of Revenue if the amount of tax revenue
1846-obtained from a rate of .13% produces less than $17.50 per
1847-capita in property tax revenue from property taxes for Fiscal
1848-Year 2025 (i) $4.25 per capita in property tax revenue from
1849-property taxes for the 2006 taxable year payable in 2007 and
1850-(ii) $7.50 per capita in property tax revenue from property
1851-taxes for the 2007 taxable year and thereafter. In that case,
1852-the State Librarian is authorized to make an equalization
1853-grant equivalent to the difference between the amount obtained
1854-from a rate of .13% and an annual income of $17.50 per capita
1855-for grants made in Fiscal Year 2025 $4.25 per capita for grants
1856-made through Fiscal Year 2008, and an annual income of $7.50
1857-per capita for grants made in Fiscal Year 2009 and thereafter.
1858-If moneys appropriated for grants under this Section are not
1859-sufficient, then the State Librarian shall reduce the per
1860-capita amount of the grants so that the qualifying public
1861-libraries receive the same amount per capita, but in no event
1862-shall the grant be less than equivalent to the difference
1863-between the amount of the tax revenue obtained from the
1864-current levy and an annual income of $4.25 per capita. If a
1865-
1866-
1867-library receiving an equalization grant reduces its tax levy
1868-below the amount levied at the time the original application
1869-is approved, it shall be ineligible to receive further
1870-equalization grants.
1871-If a library is subject to the Property Tax Extension
1872-Limitation Law in the Property Tax Code and its tax levy for
1873-library purposes has been lowered to a rate of less than .13%,
1874-the library will qualify for this grant if the library levied a
1875-tax for library purposes that met the requirements for this
1876-grant in the previous year and if the tax levied for library
1877-purposes in the current year produces tax revenue for the
1878-library that is an increase over the previous year's extension
1879-of 5% or the percentage increase in the Consumer Price Index,
1880-whichever is less, and the tax revenue produced by this levy is
1881-less than $17.50 per capita in property tax revenue from
1882-property taxes for the Fiscal Year 2025 (i) $4.25 per capita in
1883-property tax revenue from property taxes for the 2006 taxable
1884-year payable in 2007 and (ii) $7.50 per capita in property tax
1885-revenue from property taxes for the 2007 taxable year and
1886-thereafter. In this case, the State Librarian is authorized to
1887-make an equalization grant equivalent to the difference
1888-between the amount of tax revenue obtained from the current
1889-levy and an annual income of $17.50 per capita for grants made
1890-in Fiscal Year 2025 $4.25 per capita for grants made through
1891-Fiscal Year 2008, and an annual income of $7.50 per capita for
1892-grants made in Fiscal Year 2009 and thereafter. If moneys
1893-
1894-
1895-appropriated for grants under this Section are not sufficient,
1896-then the State Librarian shall reduce the per capita amount of
1897-the grants so that the qualifying public libraries receive the
1898-same amount per capita, but in no event shall the grant be less
1899-than equivalent to the difference between the amount of the
1900-tax revenue obtained from the current levy and an annual
1901-income of $4.25 per capita. If a library receiving an
1902-equalization grant reduces its tax levy below the amount
1903-levied at the time the original application is approved, it
1904-shall be ineligible to receive further equalization grants.
1905-(c) Annual Library System grants shall be made, upon
1906-application, to each library system approved by the State
1907-Librarian on the following basis:
1908-(1) For library systems, the sum of $1.46 per capita
1909-of the population of the area served plus the sum of $50.75
1910-per square mile or fraction thereof of the area served
1911-except as provided in paragraph (4) of this subsection.
1912-(2) If the amounts appropriated for grants are
1913-different from the amount provided for in paragraph (1) of
1914-this subsection, the area and per capita funding shall be
1915-proportionately reduced or increased accordingly.
1916-(3) For library systems, additional funds may be
1917-appropriated. The appropriation shall be distributed on
1918-the same proportional per capita and per square mile basis
1919-as provided in paragraphs (1) and (4) of this subsection.
1920-(4) Per capita and area funding for a multitype
1921-
1922-
1923-library system as defined in subparagraph (3) of the
1924-definition of "library system" in Section 2 and a public
1925-library system in cities with a population of 500,000 or
1926-more as defined in subparagraph (2) of the definition of
1927-"library system" in Section 2 shall be apportioned with
1928-25% of the funding granted to the multitype library system
1929-and 75% of the funding granted to the public library
1930-system.
1931-(d) The "area served" for the purposes of making and
1932-expending annual Library System grants means the area that
1933-lies within the geographic boundaries of the library system as
1934-approved by the State Librarian, except that grant funding
1935-awarded to a library system may also be expended for the
1936-provision of services to members of other library systems if
1937-such an expenditure is included in a library system's plan of
1938-service and is approved by the State Librarian. In determining
1939-the population of the area served by the library system, the
1940-Illinois State Library shall use the latest federal census for
1941-the political subdivisions in the area served.
1942-(e) In order to be eligible for a grant under this Section,
1943-the corporate authorities, instead of a tax levy at a
1944-particular rate, may provide an amount equivalent to the
1945-amount produced by that levy.
1946-(Source: P.A. 99-186, eff. 7-29-15.)
1947-Section 3-30. The School Code is amended by changing
1948-
1949-
1950-Section 29-5 as follows:
1951-(105 ILCS 5/29-5) (from Ch. 122, par. 29-5)
1952-Sec. 29-5. Reimbursement by State for transportation. Any
1953-school district or State-authorized charter school,
1954-maintaining a school, transporting resident pupils to another
1955-school district's vocational program, offered through a joint
1956-agreement approved by the State Board of Education, as
1957-provided in Section 10-22.22 or transporting its resident
1958-pupils to a school which meets the standards for recognition
1959-as established by the State Board of Education which provides
1960-transportation meeting the standards of safety, comfort,
1961-convenience, efficiency and operation prescribed by the State
1962-Board of Education for resident pupils in kindergarten or any
1963-of grades 1 through 12 who: (a) reside at least 1 1/2 miles as
1964-measured by the customary route of travel, from the school
1965-attended; or (b) reside in areas where conditions are such
1966-that walking constitutes a hazard to the safety of the child
1967-when determined under Section 29-3; and (c) are transported to
1968-the school attended from pick-up points at the beginning of
1969-the school day and back again at the close of the school day or
1970-transported to and from their assigned attendance centers
1971-during the school day, shall be reimbursed by the State as
1972-hereinafter provided in this Section.
1973-The State will pay the prorated allowable cost of
1974-transporting eligible pupils less the real equalized assessed
1975-
1976-
1977-valuation as computed under paragraph (3) of subsection (d) of
1978-Section 18-8.15 in a dual school district maintaining
1979-secondary grades 9 to 12 inclusive times a qualifying rate of
1980-.05%; in elementary school districts maintaining grades K to 8
1981-times a qualifying rate of .06%; and in unit districts
1982-maintaining grades K to 12, including partial elementary unit
1983-districts formed pursuant to Article 11E, times a qualifying
1984-rate of .07%. For a State-authorized charter school, the State
1985-shall pay the prorated allowable cost of transporting eligible
1986-pupils less a real equalized assessed valuation calculated
1987-pursuant to this Section times a qualifying rate. For purposes
1988-of calculating the real equalized assessed valuation for a
1989-State-authorized charter school whose resident district is not
1990-a school district organized under Article 34 of this Code, the
1991-State Board of Education shall calculate the average of the
1992-number of students in grades kindergarten through 12 reported
1993-as enrolled in the charter school in the State Board's Student
1994-Information System on October 1 and March 1 of the immediately
1995-preceding school year. That value shall be divided by the
1996-average of the number of students in grades kindergarten
1997-through 12 reported as enrolled in the charter school's
1998-resident district on October 1 and March 1 of the immediately
1999-preceding school year. That proportion shall be multiplied by
2000-the real equalized assessed valuation as computed under
2001-paragraph (3) of subsection (d) of Section 18-8.15 for each
2002-State-authorized charter school's applicable resident
2003-
2004-
2005-district. A State-authorized charter school whose resident
2006-district is organized under Article 34 of this Code shall have
2007-a real equalized assessed valuation equal to the real
2008-equalized assessed valuation of its resident district as
2009-computed under paragraph (3) of subsection (d) of Section
2010-18-8.15. A State-authorized charter school's qualifying rate
2011-shall be the same as the rate that applies to the charter
2012-school's resident district.
2013-To be eligible to receive reimbursement in excess of 4/5
2014-of the cost to transport eligible pupils, a school district or
2015-partial elementary unit district formed pursuant to Article
2016-11E shall have a Transportation Fund tax rate of at least .12%.
2017-The Transportation Fund tax rate for a partial elementary unit
2018-district formed pursuant Article 11E shall be the combined
2019-elementary and high school rates pursuant to paragraph (4) of
2020-subsection (a) of Section 18-8.15.
2021-If a school district or partial elementary unit district
2022-formed pursuant to Article 11E does not have a .12%
2023-Transportation Fund tax rate, the amount of its claim in
2024-excess of 4/5 of the cost of transporting pupils shall be
2025-reduced by the sum arrived at by subtracting the
2026-Transportation Fund tax rate from .12% and multiplying that
2027-amount by the district's real equalized assessed valuation as
2028-computed under paragraph (3) of subsection (d) of Section
2029-18-8.15, provided that in no case shall said reduction result
2030-in reimbursement of less than 4/5 of the cost to transport
2031-
2032-
2033-eligible pupils. No such adjustment may be applied to a claim
2034-filed by a State-authorized charter school.
2035-Subject to the calculation of equalized assessed
2036-valuation, an adjustment for an insufficient tax rate, and the
2037-use of a qualifying rate as provided in this Section, a
2038-State-authorized charter school may make a claim for
2039-reimbursement by the State that is calculated in the same
2040-manner as a school district.
2041-The minimum amount to be received by a district is $16
2042-times the number of eligible pupils transported.
2043-When calculating the reimbursement for transportation
2044-costs, the State Board of Education may not deduct the number
2045-of pupils enrolled in early education programs from the number
2046-of pupils eligible for reimbursement if the pupils enrolled in
2047-the early education programs are transported at the same time
2048-as other eligible pupils.
2049-Any such district transporting resident pupils during the
2050-school day to an area vocational school or another school
2051-district's vocational program more than 1 1/2 miles from the
2052-school attended, as provided in Sections 10-22.20a and
2053-10-22.22, shall be reimbursed by the State for 4/5 of the cost
2054-of transporting eligible pupils.
2055-School day means that period of time during which the
2056-pupil is required to be in attendance for instructional
2057-purposes.
2058-If a pupil is at a location within the school district
2059-
2060-
2061-other than his residence for child care purposes at the time
2062-for transportation to school, that location may be considered
2063-for purposes of determining the 1 1/2 miles from the school
2064-attended.
2065-Claims for reimbursement that include children who attend
2066-any school other than a public school shall show the number of
2067-such children transported.
2068-Claims for reimbursement under this Section shall not be
2069-paid for the transportation of pupils for whom transportation
2070-costs are claimed for payment under other Sections of this
2071-Act.
2072-The allowable direct cost of transporting pupils for
2073-regular, vocational, and special education pupil
2074-transportation shall be limited to the sum of the cost of
2075-physical examinations required for employment as a school bus
2076-driver; the salaries of full-time or part-time drivers and
2077-school bus maintenance personnel; employee benefits excluding
2078-Illinois municipal retirement payments, social security
2079-payments, unemployment insurance payments and workers'
2080-compensation insurance premiums; expenditures to independent
2081-carriers who operate school buses; payments to other school
2082-districts for pupil transportation services; pre-approved
2083-contractual expenditures for computerized bus scheduling;
2084-expenditures for housing assistance and homeless prevention
2085-under Sections 1-17 and 1-18 of the Education for Homeless
2086-Children Act that are not in excess of the school district's
2087-
2088-
2089-actual costs for providing transportation services and are not
2090-otherwise claimed in another State or federal grant that
2091-permits those costs to a parent, a legal guardian, any other
2092-person who enrolled a pupil, or a homeless assistance agency
2093-that is part of the federal McKinney-Vento Homeless Assistance
2094-Act's continuum of care for the area in which the district is
2095-located; the cost of gasoline, oil, tires, and other supplies
2096-necessary for the operation of school buses; the cost of
2097-converting buses' gasoline engines to more fuel efficient
2098-engines or to engines which use alternative energy sources;
2099-the cost of travel to meetings and workshops conducted by the
2100-regional superintendent or the State Superintendent of
2101-Education pursuant to the standards established by the
2102-Secretary of State under Section 6-106 of the Illinois Vehicle
2103-Code to improve the driving skills of school bus drivers; the
2104-cost of maintenance of school buses including parts and
2105-materials used; expenditures for leasing transportation
2106-vehicles, except interest and service charges; the cost of
2107-insurance and licenses for transportation vehicles;
2108-expenditures for the rental of transportation equipment; plus
2109-a depreciation allowance of 20% for 5 years for school buses
2110-and vehicles approved for transporting pupils to and from
2111-school and a depreciation allowance of 10% for 10 years for
2112-other transportation equipment so used. Each school year, if a
2113-school district has made expenditures to the Regional
2114-Transportation Authority or any of its service boards, a mass
2115-
2116-
2117-transit district, or an urban transportation district under an
2118-intergovernmental agreement with the district to provide for
2119-the transportation of pupils and if the public transit carrier
2120-received direct payment for services or passes from a school
2121-district within its service area during the 2000-2001 school
2122-year, then the allowable direct cost of transporting pupils
2123-for regular, vocational, and special education pupil
2124-transportation shall also include the expenditures that the
2125-district has made to the public transit carrier. In addition
2126-to the above allowable costs, school districts shall also
2127-claim all transportation supervisory salary costs, including
2128-Illinois municipal retirement payments, and all transportation
2129-related building and building maintenance costs without
2130-limitation.
2131-Special education allowable costs shall also include
2132-expenditures for the salaries of attendants or aides for that
2133-portion of the time they assist special education pupils while
2134-in transit and expenditures for parents and public carriers
2135-for transporting special education pupils when pre-approved by
2136-the State Superintendent of Education.
2137-Indirect costs shall be included in the reimbursement
2138-claim for districts which own and operate their own school
2139-buses. Such indirect costs shall include administrative costs,
2140-or any costs attributable to transporting pupils from their
2141-attendance centers to another school building for
2142-instructional purposes. No school district which owns and
2143-
2144-
2145-operates its own school buses may claim reimbursement for
2146-indirect costs which exceed 5% of the total allowable direct
2147-costs for pupil transportation.
2148-The State Board of Education shall prescribe uniform
2149-regulations for determining the above standards and shall
2150-prescribe forms of cost accounting and standards of
2151-determining reasonable depreciation. Such depreciation shall
2152-include the cost of equipping school buses with the safety
2153-features required by law or by the rules, regulations and
2154-standards promulgated by the State Board of Education, and the
2155-Department of Transportation for the safety and construction
2156-of school buses provided, however, any equipment cost
2157-reimbursed by the Department of Transportation for equipping
2158-school buses with such safety equipment shall be deducted from
2159-the allowable cost in the computation of reimbursement under
2160-this Section in the same percentage as the cost of the
2161-equipment is depreciated.
2162-On or before August 15, annually, the chief school
2163-administrator for the district shall certify to the State
2164-Superintendent of Education the district's claim for
2165-reimbursement for the school year ending on June 30 next
2166-preceding. The State Superintendent of Education shall check
2167-and approve the claims and prepare the vouchers showing the
2168-amounts due for district reimbursement claims. Each fiscal
2169-year, the State Superintendent of Education shall prepare and
2170-transmit the first 3 vouchers to the Comptroller on the 30th
2171-
2172-
2173-day of September, December and March, respectively, and the
2174-final voucher, no later than June 20.
2175-If the amount appropriated for transportation
2176-reimbursement is insufficient to fund total claims for any
2177-fiscal year, the State Board of Education shall reduce each
2178-school district's allowable costs and flat grant amount
2179-proportionately to make total adjusted claims equal the total
2180-amount appropriated.
2181-For purposes of calculating claims for reimbursement under
2182-this Section for any school year beginning July 1, 2016, the
2183-equalized assessed valuation for a school district or partial
2184-elementary unit district formed pursuant to Article 11E used
2185-to compute reimbursement shall be the real equalized assessed
2186-valuation as computed under paragraph (3) of subsection (d) of
2187-Section 18-8.15.
2188-All reimbursements received from the State shall be
2189-deposited into the district's transportation fund or into the
2190-fund from which the allowable expenditures were made.
2191-Notwithstanding any other provision of law, any school
2192-district receiving a payment under this Section or under
2193-Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
2194-classify all or a portion of the funds that it receives in a
2195-particular fiscal year or from State aid pursuant to Section
2196-18-8.15 of this Code as funds received in connection with any
2197-funding program for which it is entitled to receive funds from
2198-the State in that fiscal year (including, without limitation,
2199-
2200-
2201-any funding program referenced in this Section), regardless of
2202-the source or timing of the receipt. The district may not
2203-classify more funds as funds received in connection with the
2204-funding program than the district is entitled to receive in
2205-that fiscal year for that program. Any classification by a
2206-district must be made by a resolution of its board of
2207-education. The resolution must identify the amount of any
2208-payments or general State aid to be classified under this
2209-paragraph and must specify the funding program to which the
2210-funds are to be treated as received in connection therewith.
2211-This resolution is controlling as to the classification of
2212-funds referenced therein. A certified copy of the resolution
2213-must be sent to the State Superintendent of Education. The
2214-resolution shall still take effect even though a copy of the
2215-resolution has not been sent to the State Superintendent of
2216-Education in a timely manner. No classification under this
2217-paragraph by a district shall affect the total amount or
2218-timing of money the district is entitled to receive under this
2219-Code. No classification under this paragraph by a district
2220-shall in any way relieve the district from or affect any
2221-requirements that otherwise would apply with respect to that
2222-funding program, including any accounting of funds by source,
2223-reporting expenditures by original source and purpose,
2224-reporting requirements, or requirements of providing services.
2225-Any school district with a population of not more than
2226-500,000 must deposit all funds received under this Article
2227-
2228-
2229-into the transportation fund and use those funds for the
2230-provision of transportation services.
2231-(Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
2232-Section 3-35. The Early Childhood Access Consortium for
2233-Equity Act is amended by changing Sections 15, 20, 25, and 30
2234-as follows:
2235-(110 ILCS 28/15)
2236-Sec. 15. Creation of Consortium; purpose; administrative
2237-support.
2238-(a) The Board of Higher Education and the Illinois
2239-Community College Board shall create and establish the Early
2240-Childhood Access Consortium for Equity.
2241-(b) The purpose of the Consortium is to serve the needs of
2242-the incumbent early childhood workforce and the employers of
2243-early childhood educators and to advance racial equity while
2244-meeting the needs of employers by streamlining, coordinating,
2245-and improving the accessibility of degree completion pathways
2246-for upskilling and the sustained expansion of educational
2247-pipelines at Illinois institutions of higher education.
2248-(c) The Board of Higher Education and the Illinois
2249-Community College Board shall convene the member institutions
2250-by July 1, 2021 or within 60 days after the effective date of
2251-this amendatory Act of the 102nd General Assembly. The Board
2252-of Higher Education and the Illinois Community College Board
2253-
2254-
2255-shall provide administrative support for the start up and
2256-operation of the Consortium until a permanent governance
2257-structure is developed and implemented. The Board of Higher
2258-Education and the Illinois Community College Board shall work
2259-with member institutions to establish geographic regional
2260-hubs, including public universities and the proximate
2261-community colleges responsible for serving each regional hub.
2262-(Source: P.A. 102-174, eff. 7-28-21.)
2263-(110 ILCS 28/20)
2264-Sec. 20. Membership; functions.
2265-(a) Membership in the Consortium shall include all public
2266-universities and community colleges in this State that offer
2267-early childhood programs. Membership by private,
2268-not-for-profit universities is optional and conditional on the
2269-acceptance of the terms adopted by the public members, the
2270-related administrative rules, and the provisions of this Act.
2271-For-profit institutions of higher education are not eligible
2272-for membership in the Consortium. Participating institutions
2273-must be accredited by the Higher Learning Commission and
2274-entitled to offer Gateways Credentials.
2275-(b) The members of the Consortium shall operate jointly
2276-and in cooperation through regional hubs to provide
2277-streamlined paths for students to attain associate degrees,
2278-bachelor's degrees, master's degrees, certificates, and
2279-Gateways Credentials and other licensure endorsements in early
2280-
2281-
2282-childhood education. The priority shall be to focus on the
2283-incumbent workforce, which includes working adults who require
2284-programs of study that offer flexibility in the times courses
2285-are offered, location, and format. The Consortium shall
2286-cooperate in all of the following:
2287-(1) Providing course offerings within each regional
2288-hub in online, hybrid, and in-person formats that are
2289-available to any student enrolled in a member institution
2290-in that hub for occasions in which a particular course is
2291-not available at the student's home institution. In this
2292-paragraph (1), "not available" may mean the course is not
2293-offered during a term, at a time, or in a format that works
2294-best for the student. Courses taken at any member
2295-institution shall be accepted toward the student's degree
2296-at any other member institution. Course offerings across
2297-institutions regional hubs may also be provided by an
2298-agreement between Consortium members. All course
2299-registration shall take place in consultation with a
2300-student's academic advisor.
2301-(2) Shared responsibilities through the Consortium and
2302-within and across the State regional hubs to expand access
2303-for students.
2304-(3) Transfers in accordance with Section 130-10 of the
2305-Transitions in Education Act.
2306-(4) The development of standardized methods for
2307-awarding credit for prior learning.
2308-
2309-
2310-(5) The support necessary for student access,
2311-persistence, and completion shall be provided by the home
2312-institution, unless otherwise provided by agreement
2313-between Consortium members.
2314-(6) Admissions, financial arrangements, registration,
2315-and advising services shall be functions of the home
2316-institution but shall be honored across the Consortium.
2317-(7) Member institutions working with their regional
2318-pre-kindergarten through 12th grade and early childhood
2319-employer partners to determine demand throughout the
2320-region.
2321-(8) Data-sharing agreements.
2322-(9) An agreement that students enrolled in associate
2323-degree programs are encouraged to complete the associate
2324-degree program prior to transferring to a bachelor's
2325-degree program.
2326-(10) Development of other shared agreements and terms
2327-necessary to implement the Consortium and its
2328-responsibilities.
2329-By January 31, 2022, the Consortium shall decide how to
2330-assign college credit for the incumbent workers who have a
2331-Child Development Associate (CDA) credential and for future
2332-workers obtaining a CDA.
2333-(c) The Consortium may facilitate or implement the
2334-following if deemed beneficial and feasible:
2335-(1) the creation of an open education resource
2336-
2337-
2338-library;
2339-(2) support and training for program coaches and
2340-cross-institutional navigators; and
2341-(3) support for the development, implementation, and
2342-participation in a statewide registry system through the
2343-Illinois Network of Child Care Resource and Referral
2344-Agencies (INCCRRA) to provide tracking and data
2345-capabilities for students across the system as they attain
2346-competency through coursework.
2347-(Source: P.A. 102-174, eff. 7-28-21.)
2348-(110 ILCS 28/25)
2349-Sec. 25. Advisory committee; membership.
2350-(a) The Board of Higher Education, the Illinois Community
2351-College Board, the State Board of Education, the Department of
2352-Human Services, and the Governor's Office of Early Childhood
2353-Development shall jointly convene a Consortium advisory
2354-committee to provide guidance on the operation of the
2355-Consortium.
2356-(b) Membership on the advisory committee shall be
2357-comprised of employers and experts appointed by the Board of
2358-Higher Education, the Illinois Community College Board, the
2359-Governor's Office of Early Childhood Development, and the
2360-State Board of Education. Membership shall also include all of
2361-the following members:
2362-(1) An employer from a community-based child care
2363-
2364-
2365-provider, appointed by the Governor's Office of Early
2366-Childhood Development.
2367-(2) An employer from a for-profit child care provider,
2368-appointed by the Governor's Office of Early Childhood
2369-Development.
2370-(3) An employer from a nonprofit child care provider,
2371-appointed by the Governor's Office of Early Childhood
2372-Development.
2373-(4) A provider of family child care, appointed by the
2374-Governor's Office of Early Childhood Development.
2375-(5) An employer located in southern Illinois,
2376-appointed by the Governor's Office of Early Childhood
2377-Development.
2378-(6) An employer located in central Illinois, appointed
2379-by the Governor's Office of Early Childhood Development.
2380-(7) At least one member who represents an urban school
2381-district, appointed by the State Board of Education.
2382-(8) At least one member who represents a suburban
2383-school district, appointed by the State Board of
2384-Education.
2385-(9) At least one member who represents a rural school
2386-district, appointed by the State Board of Education.
2387-(10) At least one member who represents a school
2388-district in a city with a population of 500,000 or more,
2389-appointed by the State Board of Education.
2390-(11) Two early childhood advocates with statewide
2391-
2392-
2393-expertise in early childhood workforce issues, appointed
2394-by the Governor's Office of Early Childhood Development.
2395-(12) The Chairperson or Vice-Chairperson and the
2396-Minority Spokesperson or a designee of the Senate
2397-Committee on Higher Education.
2398-(13) The Chairperson or Vice-Chairperson and the
2399-Minority Spokesperson or a designee of the House Committee
2400-on Higher Education.
2401-(14) One member representing the Illinois Community
2402-College Board, who shall serve as co-chairperson,
2403-appointed by the Illinois Community College Board.
2404-(15) One member representing the Board of Higher
2405-Education, who shall serve as co-chairperson, appointed by
2406-the Board of Higher Education.
2407-(16) One member representing the Illinois Student
2408-Assistance Commission, appointed by the Illinois Student
2409-Assistance Commission Board of Higher Education.
2410-(17) One member representing the State Board of
2411-Education, who shall serve as co-chairperson, appointed by
2412-the State Board of Education.
2413-(18) One member representing the Governor's Office of
2414-Early Childhood Development, who shall serve as
2415-co-chairperson, appointed by the Governor's Office of
2416-Early Childhood Development.
2417-(19) One member representing the Department of Human
2418-Services, who shall serve as co-chairperson, appointed by
2419-
2420-
2421-the Governor's Office of Early Childhood Development.
2422-(20) One member representing INCCRRA, appointed by the
2423-Governor's Office of Early Childhood Development.
2424-(21) One member representing the Department of
2425-Children and Family Services, appointed by the Governor's
2426-Office of Early Childhood Development.
2427-(22) One member representing an organization that
2428-advocates on behalf of community college trustees,
2429-appointed by the Illinois Community College Board.
2430-(23) One member of a union representing child care and
2431-early childhood providers, appointed by the Governor's
2432-Office of Early Childhood Development.
2433-(24) Two members of unions representing higher
2434-education faculty, appointed by the Board of Higher
2435-Education.
2436-(25) A representative from the College of Education of
2437-an urban public university, appointed by the Board of
2438-Higher Education.
2439-(26) A representative from the College of Education of
2440-a suburban public university, appointed by the Board of
2441-Higher Education.
2442-(27) A representative from the College of Education of
2443-a rural public university, appointed by the Board of
2444-Higher Education.
2445-(28) A representative from the College of Education of
2446-a private university, appointed by the Board of Higher
2447-
2448-
2449-Education.
2450-(29) A representative of an urban community college,
2451-appointed by the Illinois Community College Board.
2452-(30) A representative of a suburban community college,
2453-appointed by the Illinois Community College Board.
2454-(31) A representative of rural community college,
2455-appointed by the Illinois Community College Board.
2456-(c) The advisory committee shall meet at least twice a
2457-year quarterly. The committee meetings shall be open to the
2458-public in accordance with the provisions of the Open Meetings
2459-Act.
2460-(d) Except for the co-chairpersons of the advisory
2461-committee, the initial terms for advisory committee members
2462-after the effective date of this amendatory Act of the 103rd
2463-General Assembly shall be set by lottery at the first meeting
2464-after the effective date of this amendatory Act of the 103rd
2465-General Assembly as follows:
2466-(1) One-third of members shall serve a 1-year term.
2467-(2) One-third of members shall serve a 2-year term.
2468-(3) One-third of members shall serve a 3-year term.
2469-(e) The initial term of co-chairpersons of the advisory
2470-committee shall be for 3 years.
2471-(f) After the initial term, each subsequent term for the
2472-members of the advisory committee shall be for 3 years or until
2473-a successor is appointed.
2474-(g) The members of the advisory committee shall serve
2475-
2476-
2477-without compensation, but shall be entitled to reimbursement
2478-for all necessary expenses incurred in the performance of
2479-their official duties as members of the advisory committee
2480-from funds appropriated for that purpose.
2481-(Source: P.A. 102-174, eff. 7-28-21.)
2482-(110 ILCS 28/30)
2483-Sec. 30. Reporting. The Consortium shall report to the
2484-General Assembly, to the Senate and House Committees with
2485-oversight over higher education, to the Governor, and to the
2486-advisory committee on the progress made by the Consortium. A
2487-report must include, but is not limited to, all of the
2488-following information:
2489-(1) Student enrollment numbers by academic year for
2490-the fall and spring terms or semesters, retention rates,
2491-persistence, and completion in relevant associate,
2492-baccalaureate, and credential programs, including
2493-demographic data that is disaggregated by race, ethnicity,
2494-geography, higher education sector, and federal Pell Grant
2495-status, reported annually twice per year. Completion
2496-numbers and rates, employer type, and years worked shall
2497-be reported annually.
2498-(2) For students enrolled in early childhood programs,
2499-average assessed tuition, average Tuition rates charged
2500-and net price, number of students receiving student loans,
2501-and average loan amount prices paid, reported both as
2502-
2503-
2504-including and excluding student loans, by enrolled members
2505-of the incumbent workforce, reported annually.
2506-(3) Outreach plans to recruit and enroll incumbent
2507-workforce members, reported annually twice per year.
2508-(4) Participation of the incumbent workforce in
2509-outreach programs, which may include participation in an
2510-informational session, social media engagement, or other
2511-activities, reported annually twice per year.
2512-(5) Student academic and holistic support plans to
2513-help the enrolled incumbent workforce persist in their
2514-education, reported annually.
2515-(6) Evidence of engagement and responsiveness to the
2516-needs of employer partners, reported annually.
2517-(7) The Consortium budget including the use of federal
2518-funds, reported annually.
2519-(8) Member contributions, including financial,
2520-physical, or in-kind contributions, provided to the
2521-Consortium, reported annually.
2522-(9) Information on Early Childhood Access Consortium
2523-for Equity Scholarships awarded under the Higher Education
2524-Student Assistance Act, including demographic data that is
2525-disaggregated by race and ethnicity, federal Pell Grant
2526-eligibility status, geography, age, gender, and higher
2527-education sector, reported annually. Employer type and
2528-years worked, as provided by students via the scholarship
2529-application, reported annually. To the extent possible
2530-
2531-
2532-given available data and resources, information on
2533-scholarship recipients' subsequent employment in the early
2534-childhood care and education field in this State.
2535-(Source: P.A. 102-174, eff. 7-28-21.)
2536-Section 3-37. The Higher Education Student Assistance Act
2537-is amended by adding Section 65.125 as follows:
2538-(110 ILCS 947/65.125 new)
2539-Sec. 65.125. Early Childhood Access Consortium for Equity
2540-Scholarship Program.
2541-(a) As used in this Section, "incumbent workforce" has the
2542-meaning ascribed to that term in the Early Childhood Access
2543-Consortium for Equity Act.
2544-(b) Subject to appropriation, the Commission shall
2545-implement and administer an early childhood educator
2546-scholarship program, to be known as the Early Childhood Access
2547-Consortium for Equity Scholarship Program. Under the Program,
2548-the Commission shall annually award scholarships to early
2549-childhood education students enrolled in institutions of
2550-higher education participating in the Early Childhood Access
2551-Consortium for Equity under the Early Childhood Access
2552-Consortium for Equity Act with preference given to members of
2553-the incumbent workforce.
2554-(c) To ensure alignment with Consortium goals and changing
2555-workforce needs, the Commission shall work in partnership with
2556-
2557-
2558-the Board of Higher Education and the Illinois Community
2559-College Board in program design, and the Board of Higher
2560-Education and the Illinois Community College Board shall
2561-solicit feedback from the Consortium advisory committee
2562-established under Section 25 of the Early Childhood Access
2563-Consortium for Equity Act.
2564-(d) In awarding a scholarship under this Section, the
2565-Commission may give preference to applicants who received a
2566-scholarship under this Section during the prior academic year,
2567-to applicants with financial need, or both.
2568-(e) Prior to receiving scholarship assistance for any
2569-academic year, each recipient of a scholarship awarded under
2570-this Section shall be required by the Commission to sign an
2571-agreement under which the recipient pledges to continue or
2572-return to teaching or direct services in the early childhood
2573-care and education field in this State after they complete
2574-their program of study.
2575-(f) The Commission may adopt any rules necessary to
2576-implement and administer the Program.
2577-Section 3-45. The Illinois Horse Racing Act of 1975 is
2578-amended by changing Section 28.1 as follows:
2579-(230 ILCS 5/28.1)
2580-Sec. 28.1. Payments.
2581-(a) Beginning on January 1, 2000, moneys collected by the
2582-
2583-
2584-Department of Revenue and the Racing Board pursuant to Section
2585-26 or Section 27 of this Act shall be deposited into the Horse
2586-Racing Fund, which is hereby created as a special fund in the
2587-State Treasury.
2588-(b) Appropriations, as approved by the General Assembly,
2589-may be made from the Horse Racing Fund to the Board to pay the
2590-salaries of the Board members, secretary, stewards, directors
2591-of mutuels, veterinarians, representatives, accountants,
2592-clerks, stenographers, inspectors and other employees of the
2593-Board, and all expenses of the Board incident to the
2594-administration of this Act, including, but not limited to, all
2595-expenses and salaries incident to the taking of saliva and
2596-urine samples in accordance with the rules and regulations of
2597-the Board.
2598-(c) (Blank).
2599-(d) Beginning January 1, 2000, payments to all programs in
2600-existence on the effective date of this amendatory Act of 1999
2601-that are identified in Sections 26(c), 26(f), 26(h)(11)(C),
2602-and 28, subsections (a), (b), (c), (d), (e), (f), (g), and (h)
2603-of Section 30, and subsections (a), (b), (c), (d), (e), (f),
2604-(g), and (h) of Section 31 shall be made from the General
2605-Revenue Fund at the funding levels determined by amounts paid
2606-under this Act in calendar year 1998. Beginning on the
2607-effective date of this amendatory Act of the 93rd General
2608-Assembly, payments to the Peoria Park District shall be made
2609-from the General Revenue Fund at the funding level determined
2610-
2611-
2612-by amounts paid to that park district for museum purposes
2613-under this Act in calendar year 1994.
2614-If an inter-track wagering location licensee's facility
2615-changes its location, then the payments associated with that
2616-facility under this subsection (d) for museum purposes shall
2617-be paid to the park district in the area where the facility
2618-relocates, and the payments shall be used for museum purposes.
2619-If the facility does not relocate to a park district, then the
2620-payments shall be paid to the taxing district that is
2621-responsible for park or museum expenditures.
2622-(e) Beginning July 1, 2006, the payment authorized under
2623-subsection (d) to museums and aquariums located in park
2624-districts of over 500,000 population shall be paid to museums,
2625-aquariums, and zoos in amounts determined by Museums in the
2626-Park, an association of museums, aquariums, and zoos located
2627-on Chicago Park District property.
2628-(f) Beginning July 1, 2007, the Children's Discovery
2629-Museum in Normal, Illinois shall receive payments from the
2630-General Revenue Fund at the funding level determined by the
2631-amounts paid to the Miller Park Zoo in Bloomington, Illinois
2632-under this Section in calendar year 2006.
2633-(g) On July 3, 2024 2023, the Comptroller shall order
2634-transferred and the Treasurer shall transfer $3,200,000
2635-$5,100,000 from the Horse Racing Fund to the Horse Racing
2636-Purse Equity Fund.
2637-(Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23.)
2638-
2639-
2640-Section 3-50. The Illinois Public Aid Code is amended by
2641-changing Section 5-5.4 as follows:
2642-(305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
2643-Sec. 5-5.4. Standards of payment; Department Payment -
2644-Department of Healthcare and Family Services. The Department
2645-of Healthcare and Family Services shall develop standards of
2646-payment of nursing facility and ICF/DD services in facilities
2647-providing such services under this Article which:
2648-(1) Provide for the determination of a facility's payment
2649-for nursing facility or ICF/DD services on a prospective
2650-basis. The amount of the payment rate for all nursing
2651-facilities certified by the Department of Public Health under
2652-the ID/DD Community Care Act or the Nursing Home Care Act as
2653-Intermediate Care for the Developmentally Disabled facilities,
2654-Long Term Care for Under Age 22 facilities, Skilled Nursing
2655-facilities, or Intermediate Care facilities under the medical
2656-assistance program shall be prospectively established annually
2657-on the basis of historical, financial, and statistical data
2658-reflecting actual costs from prior years, which shall be
2659-applied to the current rate year and updated for inflation,
2660-except that the capital cost element for newly constructed
2661-facilities shall be based upon projected budgets. The annually
2662-established payment rate shall take effect on July 1 in 1984
2663-and subsequent years. No rate increase and no update for
2664-
2665-
2666-inflation shall be provided on or after July 1, 1994, unless
2667-specifically provided for in this Section. The changes made by
2668-Public Act 93-841 extending the duration of the prohibition
2669-against a rate increase or update for inflation are effective
2670-retroactive to July 1, 2004.
2671-For facilities licensed by the Department of Public Health
2672-under the Nursing Home Care Act as Intermediate Care for the
2673-Developmentally Disabled facilities or Long Term Care for
2674-Under Age 22 facilities, the rates taking effect on July 1,
2675-1998 shall include an increase of 3%. For facilities licensed
2676-by the Department of Public Health under the Nursing Home Care
2677-Act as Skilled Nursing facilities or Intermediate Care
2678-facilities, the rates taking effect on July 1, 1998 shall
2679-include an increase of 3% plus $1.10 per resident-day, as
2680-defined by the Department. For facilities licensed by the
2681-Department of Public Health under the Nursing Home Care Act as
2682-Intermediate Care Facilities for the Developmentally Disabled
2683-or Long Term Care for Under Age 22 facilities, the rates taking
2684-effect on January 1, 2006 shall include an increase of 3%. For
2685-facilities licensed by the Department of Public Health under
2686-the Nursing Home Care Act as Intermediate Care Facilities for
2687-the Developmentally Disabled or Long Term Care for Under Age
2688-22 facilities, the rates taking effect on January 1, 2009
2689-shall include an increase sufficient to provide a $0.50 per
2690-hour wage increase for non-executive staff. For facilities
2691-licensed by the Department of Public Health under the ID/DD
2692-
2693-
2694-Community Care Act as ID/DD Facilities the rates taking effect
2695-within 30 days after July 6, 2017 (the effective date of Public
2696-Act 100-23) shall include an increase sufficient to provide a
2697-$0.75 per hour wage increase for non-executive staff. The
2698-Department shall adopt rules, including emergency rules under
2699-subsection (y) of Section 5-45 of the Illinois Administrative
2700-Procedure Act, to implement the provisions of this paragraph.
2701-For facilities licensed by the Department of Public Health
2702-under the ID/DD Community Care Act as ID/DD Facilities and
2703-under the MC/DD Act as MC/DD Facilities, the rates taking
2704-effect within 30 days after June 5, 2019 (the effective date of
2705-Public Act 101-10) shall include an increase sufficient to
2706-provide a $0.50 per hour wage increase for non-executive
2707-front-line personnel, including, but not limited to, direct
2708-support persons, aides, front-line supervisors, qualified
2709-intellectual disabilities professionals, nurses, and
2710-non-administrative support staff. The Department shall adopt
2711-rules, including emergency rules under subsection (bb) of
2712-Section 5-45 of the Illinois Administrative Procedure Act, to
2713-implement the provisions of this paragraph.
2714-For facilities licensed by the Department of Public Health
2715-under the Nursing Home Care Act as Intermediate Care for the
2716-Developmentally Disabled facilities or Long Term Care for
2717-Under Age 22 facilities, the rates taking effect on July 1,
2718-1999 shall include an increase of 1.6% plus $3.00 per
2719-resident-day, as defined by the Department. For facilities
2720-
2721-
2722-licensed by the Department of Public Health under the Nursing
2723-Home Care Act as Skilled Nursing facilities or Intermediate
2724-Care facilities, the rates taking effect on July 1, 1999 shall
2725-include an increase of 1.6% and, for services provided on or
2726-after October 1, 1999, shall be increased by $4.00 per
2727-resident-day, as defined by the Department.
2728-For facilities licensed by the Department of Public Health
2729-under the Nursing Home Care Act as Intermediate Care for the
2730-Developmentally Disabled facilities or Long Term Care for
2731-Under Age 22 facilities, the rates taking effect on July 1,
2732-2000 shall include an increase of 2.5% per resident-day, as
2733-defined by the Department. For facilities licensed by the
2734-Department of Public Health under the Nursing Home Care Act as
2735-Skilled Nursing facilities or Intermediate Care facilities,
2736-the rates taking effect on July 1, 2000 shall include an
2737-increase of 2.5% per resident-day, as defined by the
2738-Department.
2739-For facilities licensed by the Department of Public Health
2740-under the Nursing Home Care Act as skilled nursing facilities
2741-or intermediate care facilities, a new payment methodology
2742-must be implemented for the nursing component of the rate
2743-effective July 1, 2003. The Department of Public Aid (now
2744-Healthcare and Family Services) shall develop the new payment
2745-methodology using the Minimum Data Set (MDS) as the instrument
2746-to collect information concerning nursing home resident
2747-condition necessary to compute the rate. The Department shall
2748-
2749-
2750-develop the new payment methodology to meet the unique needs
2751-of Illinois nursing home residents while remaining subject to
2752-the appropriations provided by the General Assembly. A
2753-transition period from the payment methodology in effect on
2754-June 30, 2003 to the payment methodology in effect on July 1,
2755-2003 shall be provided for a period not exceeding 3 years and
2756-184 days after implementation of the new payment methodology
2757-as follows:
2758-(A) For a facility that would receive a lower nursing
2759-component rate per patient day under the new system than
2760-the facility received effective on the date immediately
2761-preceding the date that the Department implements the new
2762-payment methodology, the nursing component rate per
2763-patient day for the facility shall be held at the level in
2764-effect on the date immediately preceding the date that the
2765-Department implements the new payment methodology until a
2766-higher nursing component rate of reimbursement is achieved
2767-by that facility.
2768-(B) For a facility that would receive a higher nursing
2769-component rate per patient day under the payment
2770-methodology in effect on July 1, 2003 than the facility
2771-received effective on the date immediately preceding the
2772-date that the Department implements the new payment
2773-methodology, the nursing component rate per patient day
2774-for the facility shall be adjusted.
2775-(C) Notwithstanding paragraphs (A) and (B), the
2776-
2777-
2778-nursing component rate per patient day for the facility
2779-shall be adjusted subject to appropriations provided by
2780-the General Assembly.
2781-For facilities licensed by the Department of Public Health
2782-under the Nursing Home Care Act as Intermediate Care for the
2783-Developmentally Disabled facilities or Long Term Care for
2784-Under Age 22 facilities, the rates taking effect on March 1,
2785-2001 shall include a statewide increase of 7.85%, as defined
2786-by the Department.
2787-Notwithstanding any other provision of this Section, for
2788-facilities licensed by the Department of Public Health under
2789-the Nursing Home Care Act as skilled nursing facilities or
2790-intermediate care facilities, except facilities participating
2791-in the Department's demonstration program pursuant to the
2792-provisions of Title 77, Part 300, Subpart T of the Illinois
2793-Administrative Code, the numerator of the ratio used by the
2794-Department of Healthcare and Family Services to compute the
2795-rate payable under this Section using the Minimum Data Set
2796-(MDS) methodology shall incorporate the following annual
2797-amounts as the additional funds appropriated to the Department
2798-specifically to pay for rates based on the MDS nursing
2799-component methodology in excess of the funding in effect on
2800-December 31, 2006:
2801-(i) For rates taking effect January 1, 2007,
2802-$60,000,000.
2803-(ii) For rates taking effect January 1, 2008,
2804-
2805-
2806-$110,000,000.
2807-(iii) For rates taking effect January 1, 2009,
2808-$194,000,000.
2809-(iv) For rates taking effect April 1, 2011, or the
2810-first day of the month that begins at least 45 days after
2811-February 16, 2011 (the effective date of Public Act
2812-96-1530), $416,500,000 or an amount as may be necessary to
2813-complete the transition to the MDS methodology for the
2814-nursing component of the rate. Increased payments under
2815-this item (iv) are not due and payable, however, until (i)
2816-the methodologies described in this paragraph are approved
2817-by the federal government in an appropriate State Plan
2818-amendment and (ii) the assessment imposed by Section 5B-2
2819-of this Code is determined to be a permissible tax under
2820-Title XIX of the Social Security Act.
2821-Notwithstanding any other provision of this Section, for
2822-facilities licensed by the Department of Public Health under
2823-the Nursing Home Care Act as skilled nursing facilities or
2824-intermediate care facilities, the support component of the
2825-rates taking effect on January 1, 2008 shall be computed using
2826-the most recent cost reports on file with the Department of
2827-Healthcare and Family Services no later than April 1, 2005,
2828-updated for inflation to January 1, 2006.
2829-For facilities licensed by the Department of Public Health
2830-under the Nursing Home Care Act as Intermediate Care for the
2831-Developmentally Disabled facilities or Long Term Care for
2832-
2833-
2834-Under Age 22 facilities, the rates taking effect on April 1,
2835-2002 shall include a statewide increase of 2.0%, as defined by
2836-the Department. This increase terminates on July 1, 2002;
2837-beginning July 1, 2002 these rates are reduced to the level of
2838-the rates in effect on March 31, 2002, as defined by the
2839-Department.
2840-For facilities licensed by the Department of Public Health
2841-under the Nursing Home Care Act as skilled nursing facilities
2842-or intermediate care facilities, the rates taking effect on
2843-July 1, 2001 shall be computed using the most recent cost
2844-reports on file with the Department of Public Aid no later than
2845-April 1, 2000, updated for inflation to January 1, 2001. For
2846-rates effective July 1, 2001 only, rates shall be the greater
2847-of the rate computed for July 1, 2001 or the rate effective on
2848-June 30, 2001.
2849-Notwithstanding any other provision of this Section, for
2850-facilities licensed by the Department of Public Health under
2851-the Nursing Home Care Act as skilled nursing facilities or
2852-intermediate care facilities, the Illinois Department shall
2853-determine by rule the rates taking effect on July 1, 2002,
2854-which shall be 5.9% less than the rates in effect on June 30,
2855-2002.
2856-Notwithstanding any other provision of this Section, for
2857-facilities licensed by the Department of Public Health under
2858-the Nursing Home Care Act as skilled nursing facilities or
2859-intermediate care facilities, if the payment methodologies
2860-
2861-
2862-required under Section 5A-12 and the waiver granted under 42
2863-CFR 433.68 are approved by the United States Centers for
2864-Medicare and Medicaid Services, the rates taking effect on
2865-July 1, 2004 shall be 3.0% greater than the rates in effect on
2866-June 30, 2004. These rates shall take effect only upon
2867-approval and implementation of the payment methodologies
2868-required under Section 5A-12.
2869-Notwithstanding any other provisions of this Section, for
2870-facilities licensed by the Department of Public Health under
2871-the Nursing Home Care Act as skilled nursing facilities or
2872-intermediate care facilities, the rates taking effect on
2873-January 1, 2005 shall be 3% more than the rates in effect on
2874-December 31, 2004.
2875-Notwithstanding any other provision of this Section, for
2876-facilities licensed by the Department of Public Health under
2877-the Nursing Home Care Act as skilled nursing facilities or
2878-intermediate care facilities, effective January 1, 2009, the
2879-per diem support component of the rates effective on January
2880-1, 2008, computed using the most recent cost reports on file
2881-with the Department of Healthcare and Family Services no later
2882-than April 1, 2005, updated for inflation to January 1, 2006,
2883-shall be increased to the amount that would have been derived
2884-using standard Department of Healthcare and Family Services
2885-methods, procedures, and inflators.
2886-Notwithstanding any other provisions of this Section, for
2887-facilities licensed by the Department of Public Health under
2888-
2889-
2890-the Nursing Home Care Act as intermediate care facilities that
2891-are federally defined as Institutions for Mental Disease, or
2892-facilities licensed by the Department of Public Health under
2893-the Specialized Mental Health Rehabilitation Act of 2013, a
2894-socio-development component rate equal to 6.6% of the
2895-facility's nursing component rate as of January 1, 2006 shall
2896-be established and paid effective July 1, 2006. The
2897-socio-development component of the rate shall be increased by
2898-a factor of 2.53 on the first day of the month that begins at
2899-least 45 days after January 11, 2008 (the effective date of
2900-Public Act 95-707). As of August 1, 2008, the
2901-socio-development component rate shall be equal to 6.6% of the
2902-facility's nursing component rate as of January 1, 2006,
2903-multiplied by a factor of 3.53. For services provided on or
2904-after April 1, 2011, or the first day of the month that begins
2905-at least 45 days after February 16, 2011 (the effective date of
2906-Public Act 96-1530), whichever is later, the Illinois
2907-Department may by rule adjust these socio-development
2908-component rates, and may use different adjustment
2909-methodologies for those facilities participating, and those
2910-not participating, in the Illinois Department's demonstration
2911-program pursuant to the provisions of Title 77, Part 300,
2912-Subpart T of the Illinois Administrative Code, but in no case
2913-may such rates be diminished below those in effect on August 1,
2914-2008.
2915-For facilities licensed by the Department of Public Health
2916-
2917-
2918-under the Nursing Home Care Act as Intermediate Care for the
2919-Developmentally Disabled facilities or as long-term care
2920-facilities for residents under 22 years of age, the rates
2921-taking effect on July 1, 2003 shall include a statewide
2922-increase of 4%, as defined by the Department.
2923-For facilities licensed by the Department of Public Health
2924-under the Nursing Home Care Act as Intermediate Care for the
2925-Developmentally Disabled facilities or Long Term Care for
2926-Under Age 22 facilities, the rates taking effect on the first
2927-day of the month that begins at least 45 days after January 11,
2928-2008 (the effective date of Public Act 95-707) shall include a
2929-statewide increase of 2.5%, as defined by the Department.
2930-Notwithstanding any other provision of this Section, for
2931-facilities licensed by the Department of Public Health under
2932-the Nursing Home Care Act as skilled nursing facilities or
2933-intermediate care facilities, effective January 1, 2005,
2934-facility rates shall be increased by the difference between
2935-(i) a facility's per diem property, liability, and malpractice
2936-insurance costs as reported in the cost report filed with the
2937-Department of Public Aid and used to establish rates effective
2938-July 1, 2001 and (ii) those same costs as reported in the
2939-facility's 2002 cost report. These costs shall be passed
2940-through to the facility without caps or limitations, except
2941-for adjustments required under normal auditing procedures.
2942-Rates established effective each July 1 shall govern
2943-payment for services rendered throughout that fiscal year,
2944-
2945-
2946-except that rates established on July 1, 1996 shall be
2947-increased by 6.8% for services provided on or after January 1,
2948-1997. Such rates will be based upon the rates calculated for
2949-the year beginning July 1, 1990, and for subsequent years
2950-thereafter until June 30, 2001 shall be based on the facility
2951-cost reports for the facility fiscal year ending at any point
2952-in time during the previous calendar year, updated to the
2953-midpoint of the rate year. The cost report shall be on file
2954-with the Department no later than April 1 of the current rate
2955-year. Should the cost report not be on file by April 1, the
2956-Department shall base the rate on the latest cost report filed
2957-by each skilled care facility and intermediate care facility,
2958-updated to the midpoint of the current rate year. In
2959-determining rates for services rendered on and after July 1,
2960-1985, fixed time shall not be computed at less than zero. The
2961-Department shall not make any alterations of regulations which
2962-would reduce any component of the Medicaid rate to a level
2963-below what that component would have been utilizing in the
2964-rate effective on July 1, 1984.
2965-(2) Shall take into account the actual costs incurred by
2966-facilities in providing services for recipients of skilled
2967-nursing and intermediate care services under the medical
2968-assistance program.
2969-(3) Shall take into account the medical and psycho-social
2970-characteristics and needs of the patients.
2971-(4) Shall take into account the actual costs incurred by
2972-
2973-
2974-facilities in meeting licensing and certification standards
2975-imposed and prescribed by the State of Illinois, any of its
2976-political subdivisions or municipalities and by the U.S.
2977-Department of Health and Human Services pursuant to Title XIX
2978-of the Social Security Act.
2979-The Department of Healthcare and Family Services shall
2980-develop precise standards for payments to reimburse nursing
2981-facilities for any utilization of appropriate rehabilitative
2982-personnel for the provision of rehabilitative services which
2983-is authorized by federal regulations, including reimbursement
2984-for services provided by qualified therapists or qualified
2985-assistants, and which is in accordance with accepted
2986-professional practices. Reimbursement also may be made for
2987-utilization of other supportive personnel under appropriate
2988-supervision.
2989-The Department shall develop enhanced payments to offset
2990-the additional costs incurred by a facility serving
2991-exceptional need residents and shall allocate at least
2992-$4,000,000 of the funds collected from the assessment
2993-established by Section 5B-2 of this Code for such payments.
2994-For the purpose of this Section, "exceptional needs" means,
2995-but need not be limited to, ventilator care and traumatic
2996-brain injury care. The enhanced payments for exceptional need
2997-residents under this paragraph are not due and payable,
2998-however, until (i) the methodologies described in this
2999-paragraph are approved by the federal government in an
3000-
3001-
3002-appropriate State Plan amendment and (ii) the assessment
3003-imposed by Section 5B-2 of this Code is determined to be a
3004-permissible tax under Title XIX of the Social Security Act.
3005-Beginning January 1, 2014 the methodologies for
3006-reimbursement of nursing facility services as provided under
3007-this Section 5-5.4 shall no longer be applicable for services
3008-provided on or after January 1, 2014.
3009-No payment increase under this Section for the MDS
3010-methodology, exceptional care residents, or the
3011-socio-development component rate established by Public Act
3012-96-1530 of the 96th General Assembly and funded by the
3013-assessment imposed under Section 5B-2 of this Code shall be
3014-due and payable until after the Department notifies the
3015-long-term care providers, in writing, that the payment
3016-methodologies to long-term care providers required under this
3017-Section have been approved by the Centers for Medicare and
3018-Medicaid Services of the U.S. Department of Health and Human
3019-Services and the waivers under 42 CFR 433.68 for the
3020-assessment imposed by this Section, if necessary, have been
3021-granted by the Centers for Medicare and Medicaid Services of
3022-the U.S. Department of Health and Human Services. Upon
3023-notification to the Department of approval of the payment
3024-methodologies required under this Section and the waivers
3025-granted under 42 CFR 433.68, all increased payments otherwise
3026-due under this Section prior to the date of notification shall
3027-be due and payable within 90 days of the date federal approval
3028-
3029-
3030-is received.
3031-On and after July 1, 2012, the Department shall reduce any
3032-rate of reimbursement for services or other payments or alter
3033-any methodologies authorized by this Code to reduce any rate
3034-of reimbursement for services or other payments in accordance
3035-with Section 5-5e.
3036-For facilities licensed by the Department of Public Health
3037-under the ID/DD Community Care Act as ID/DD Facilities and
3038-under the MC/DD Act as MC/DD Facilities, subject to federal
3039-approval, the rates taking effect for services delivered on or
3040-after August 1, 2019 shall be increased by 3.5% over the rates
3041-in effect on June 30, 2019. The Department shall adopt rules,
3042-including emergency rules under subsection (ii) of Section
3043-5-45 of the Illinois Administrative Procedure Act, to
3044-implement the provisions of this Section, including wage
3045-increases for direct care staff.
3046-For facilities licensed by the Department of Public Health
3047-under the ID/DD Community Care Act as ID/DD Facilities and
3048-under the MC/DD Act as MC/DD Facilities, subject to federal
3049-approval, the rates taking effect on the latter of the
3050-approval date of the State Plan Amendment for these facilities
3051-or the Waiver Amendment for the home and community-based
3052-services settings shall include an increase sufficient to
3053-provide a $0.26 per hour wage increase to the base wage for
3054-non-executive staff. The Department shall adopt rules,
3055-including emergency rules as authorized by Section 5-45 of the
3056-
3057-
3058-Illinois Administrative Procedure Act, to implement the
3059-provisions of this Section, including wage increases for
3060-direct care staff.
3061-For facilities licensed by the Department of Public Health
3062-under the ID/DD Community Care Act as ID/DD Facilities and
3063-under the MC/DD Act as MC/DD Facilities, subject to federal
3064-approval of the State Plan Amendment and the Waiver Amendment
3065-for the home and community-based services settings, the rates
3066-taking effect for the services delivered on or after July 1,
3067-2020 shall include an increase sufficient to provide a $1.00
3068-per hour wage increase for non-executive staff. For services
3069-delivered on or after January 1, 2021, subject to federal
3070-approval of the State Plan Amendment and the Waiver Amendment
3071-for the home and community-based services settings, shall
3072-include an increase sufficient to provide a $0.50 per hour
3073-increase for non-executive staff. The Department shall adopt
3074-rules, including emergency rules as authorized by Section 5-45
3075-of the Illinois Administrative Procedure Act, to implement the
3076-provisions of this Section, including wage increases for
3077-direct care staff.
3078-For facilities licensed by the Department of Public Health
3079-under the ID/DD Community Care Act as ID/DD Facilities and
3080-under the MC/DD Act as MC/DD Facilities, subject to federal
3081-approval of the State Plan Amendment, the rates taking effect
3082-for the residential services delivered on or after July 1,
3083-2021, shall include an increase sufficient to provide a $0.50
3084-
3085-
3086-per hour increase for aides in the rate methodology. For
3087-facilities licensed by the Department of Public Health under
3088-the ID/DD Community Care Act as ID/DD Facilities and under the
3089-MC/DD Act as MC/DD Facilities, subject to federal approval of
3090-the State Plan Amendment, the rates taking effect for the
3091-residential services delivered on or after January 1, 2022
3092-shall include an increase sufficient to provide a $1.00 per
3093-hour increase for aides in the rate methodology. In addition,
3094-for residential services delivered on or after January 1, 2022
3095-such rates shall include an increase sufficient to provide
3096-wages for all residential non-executive direct care staff,
3097-excluding aides, at the federal Department of Labor, Bureau of
3098-Labor Statistics' average wage as defined in rule by the
3099-Department. The Department shall adopt rules, including
3100-emergency rules as authorized by Section 5-45 of the Illinois
3101-Administrative Procedure Act, to implement the provisions of
3102-this Section.
3103-For facilities licensed by the Department of Public Health
3104-under the ID/DD Community Care Act as ID/DD facilities and
3105-under the MC/DD Act as MC/DD facilities, subject to federal
3106-approval of the State Plan Amendment, the rates taking effect
3107-for services delivered on or after January 1, 2023, shall
3108-include a $1.00 per hour wage increase for all direct support
3109-personnel and all other frontline personnel who are not
3110-subject to the Bureau of Labor Statistics' average wage
3111-increases, who work in residential and community day services
3112-
3113-
3114-settings, with at least $0.50 of those funds to be provided as
3115-a direct increase to all aide base wages, with the remaining
3116-$0.50 to be used flexibly for base wage increases to the rate
3117-methodology for aides. In addition, for residential services
3118-delivered on or after January 1, 2023 the rates shall include
3119-an increase sufficient to provide wages for all residential
3120-non-executive direct care staff, excluding aides, at the
3121-federal Department of Labor, Bureau of Labor Statistics'
3122-average wage as determined by the Department. Also, for
3123-services delivered on or after January 1, 2023, the rates will
3124-include adjustments to employment-related expenses as defined
3125-in rule by the Department. The Department shall adopt rules,
3126-including emergency rules as authorized by Section 5-45 of the
3127-Illinois Administrative Procedure Act, to implement the
3128-provisions of this Section.
3129-For facilities licensed by the Department of Public Health
3130-under the ID/DD Community Care Act as ID/DD facilities and
3131-under the MC/DD Act as MC/DD facilities, subject to federal
3132-approval of the State Plan Amendment, the rates taking effect
3133-for services delivered on or after January 1, 2024 shall
3134-include a $2.50 per hour wage increase for all direct support
3135-personnel and all other frontline personnel who are not
3136-subject to the Bureau of Labor Statistics' average wage
3137-increases and who work in residential and community day
3138-services settings. At least $1.25 of the per hour wage
3139-increase shall be provided as a direct increase to all aide
3140-
3141-
3142-base wages, and the remaining $1.25 of the per hour wage
3143-increase shall be used flexibly for base wage increases to the
3144-rate methodology for aides. In addition, for residential
3145-services delivered on or after January 1, 2024, the rates
3146-shall include an increase sufficient to provide wages for all
3147-residential non-executive direct care staff, excluding aides,
3148-at the federal Department of Labor, Bureau of Labor
3149-Statistics' average wage as determined by the Department.
3150-Also, for services delivered on or after January 1, 2024, the
3151-rates will include adjustments to employment-related expenses
3152-as defined in rule by the Department. The Department shall
3153-adopt rules, including emergency rules as authorized by
3154-Section 5-45 of the Illinois Administrative Procedure Act, to
3155-implement the provisions of this Section.
3156-For facilities licensed by the Department of Public Health
3157-under the ID/DD Community Care Act as ID/DD facilities and
3158-under the MC/DD Act as MC/DD facilities, subject to federal
3159-approval of a State Plan Amendment, the rates taking effect
3160-for services delivered on or after January 1, 2025 shall
3161-include a $1.00 per hour wage increase for all direct support
3162-personnel and all other frontline personnel who are not
3163-subject to the Bureau of Labor Statistics' average wage
3164-increases and who work in residential and community day
3165-services settings, with at least $0.75 of those funds to be
3166-provided as a direct increase to all aide base wages and the
3167-remaining $0.25 to be used flexibly for base wage increases to
3168-
3169-
3170-the rate methodology for aides. These increases shall not be
3171-used by facilities for operational and administrative
3172-expenses. In addition, for residential services delivered on
3173-or after January 1, 2025, the rates shall include an increase
3174-sufficient to provide wages for all residential non-executive
3175-direct care staff, excluding aides, at the federal Department
3176-of Labor, Bureau of Labor Statistics' average wage as
3177-determined by the Department. Also, for services delivered on
3178-or after January 1, 2025, the rates will include adjustments
3179-to employment-related expenses as defined in rule by the
3180-Department. The Department shall adopt rules, including
3181-emergency rules as authorized by Section 5-45 of the Illinois
3182-Administrative Procedure Act, to implement the provisions of
3183-this Section.
3184-Notwithstanding any other provision of this Section to the
3185-contrary, any regional wage adjuster for facilities located
3186-outside of the counties of Cook, DuPage, Kane, Lake, McHenry,
3187-and Will shall be no lower than 1.00, and any regional wage
3188-adjuster for facilities located within the counties of Cook,
3189-DuPage, Kane, Lake, McHenry, and Will shall be no lower than
3190-1.15.
3191-(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
3192-103-8, eff. 6-7-23.)
3193-Section 3-55. The Homelessness Prevention Act is amended
3194-by changing Section 12.5 as follows:
3195-
3196-
3197-(310 ILCS 70/12.5)
3198-Sec. 12.5. Administrative costs and case management
3199-expenses. On an annual basis, a grantee's administrative costs
3200-and case management expenses shall not exceed 20% 15% of the
3201-grant amount it receives under the Act.
3202-(Source: P.A. 101-280, eff. 1-1-20.)
3203-Section 3-57. The Environmental Protection Act is amended
3204-by adding Section 9.20 as follows:
3205-(415 ILCS 5/9.20 new)
3206-Sec. 9.20. Fleet Electrification Incentive Program.
3207-(a) In this Section:
3208-"Eligible electric vehicle" means an electric truck or
3209-electric school bus categorized by the United States
3210-Environmental Protection Agency Emissions Classifications,
3211-using gross vehicle weight ratings, as a Class 2b, 3, 4, 5, 6,
3212-7, or 8 vehicle, with or without a properly ventilated,
3213-conventionally powered heater.
3214-"Eligible purchaser" means a person who the Agency
3215-determines:
3216-(1) is the purchaser of an eligible electric vehicle
3217-that is registered in this State or recognized under the
3218-International Registration Plan;
3219-(2) is domiciled in this State;
3220-
3221-
3222-(3) in the case of a purchaser who is the lessee of an
3223-eligible electric vehicle, is the lessee of the vehicle
3224-for a term of at least 60 months; and
3225-(4) has demonstrated, to the satisfaction of the
3226-Agency, that the eligible electric vehicle will operate
3227-within the State for at least 80% of its operational hours
3228-once purchased and delivered.
3229-"Equity investment eligible community" has the meaning
3230-given in the Energy Transition Act.
3231-"Program" means the Fleet Electrification Incentive
3232-Program established under this Section.
3233-"Purchaser" means a fleet owner, operator, or provider
3234-that will operate or manage the vehicle for a minimum of 5
3235-years after receipt of the vehicle, whether through lease or
3236-direct purchase.
3237-(b) To promote the use of eligible electric vehicles and
3238-to increase access to federal funding programs, the Agency
3239-shall establish, by rule, a Fleet Electrification Incentive
3240-Program through which it provides eligible purchasers a grant
3241-of up to the following base amounts for the purchase of an
3242-eligible electric vehicle:
3243-(1) $7,500 for a Class 2b vehicle;
3244-(2) $45,000 for a Class 3 vehicle;
3245-(3) $60,000 for a Class 4 or Class 5 vehicle;
3246-(4) $85,000 for a Class 6 or Class 7 vehicle; and
3247-(5) $120,000 for a Class 8 vehicle.
3248-
3249-
3250-In addition, the Agency shall offer increased grant
3251-incentives of an additional 65% of the base amount for the
3252-purchase of a school bus that will serve a public school
3253-district.
3254-(c) The Agency shall award grants under the Program to
3255-eligible purchasers on a competitive basis according to the
3256-availability of funding. The Agency shall use a points-based
3257-quantitative evaluation to be determined by the Agency by
3258-rule.
3259-The Agency shall award additional points to an application
3260-from an eligible purchaser whose eligible electric vehicles
3261-are to be domiciled in an equity investment eligible
3262-community.
3263-The Agency shall also award additional points to an
3264-eligible purchaser who has negotiated and entered into a
3265-collective bargaining agreement at the time of application for
3266-the grant.
3267-(d) A grant provided under the Program is limited to a
3268-maximum award of 80% of the purchase price per eligible
3269-electric vehicle. Multiple eligible electric vehicles may be
3270-included in each grant under the Program. An eligible
3271-purchaser may be awarded multiple grants under the Program;
3272-however, the Agency shall have the authority to implement, by
3273-rule, a limit on the number of grants awarded to each
3274-purchaser.
3275-(e) An eligible purchaser shall enter into a grant
3276-
3277-
3278-agreement with the Agency upon notification from the Agency
3279-that the eligible purchaser's application has been approved.
3280-Grants under this Section shall be provided by the Agency with
3281-the submittal of a paid invoice for reimbursement. An eligible
3282-purchaser participating in the Program shall retain ownership
3283-of the eligible electric vehicle and meet all applicable
3284-project requirements for a minimum 5-year period after the
3285-date the eligible purchaser receives the vehicle. Resale of an
3286-eligible electric vehicle may be allowed within the 5-year
3287-period if necessitated by unforeseen or unavoidable
3288-circumstances with approval from the Agency. The Agency shall
3289-ensure the resale of an eligible electric vehicle serving a
3290-public school or located within an equity investment eligible
3291-community shall result in the vehicle servicing a similarly
3292-situated community.
3293-(f) The deployment of the eligible electric vehicle in the
3294-purchaser's fleet is required within 24 months after receipt
3295-of notice of approval of the purchaser's Program application.
3296-Total completion of the project for which the eligible
3297-electric vehicle is purchased or leased must occur within 36
3298-months after receipt of grant funds under the Program.
3299-(g) A grant under this Section may be combined with other
3300-public incentives to support fleet purchasing decisions.
3301-Receipt of any other public incentive for an eligible electric
3302-vehicle shall not preclude a purchaser from being awarded a
3303-grant under this Section. However, the combined total of
3304-
3305-
3306-governmental incentives, including, but not limited to, tax
3307-credits, grants, or vouchers, shall not exceed 80% of the
3308-purchase price of the vehicle.
3309-(h) The Agency shall set aside 20% of the appropriated
3310-funds under the Program for grants to the eligible purchaser
3311-of an electric school bus.
3312-(i) All awards granted under this Section are subject to
3313-appropriation by the General Assembly.
3314-Section 3-60. The Open Space Lands Acquisition and
3315-Development Act is amended by adding Section 11.1 as follows:
3316-(525 ILCS 35/11.1 new)
3317-Sec. 11.1. Distressed Local Government Report. No later
3318-than March 31, 2025, the Department shall prepare and submit a
3319-report to the General Assembly evaluating distressed local
3320-governments that received grants under this Act in Fiscal
3321-Years 2023, 2024, and 2025. The report shall include the
3322-following, at a minimum:
3323-(1) a list of the local governments that applied for
3324-grants in each fiscal year;
3325-(2) a list of the local governments awarded grants and
3326-the amount awarded;
3327-(3) each grant recipient's total budget;
3328-(4) each grant recipient's population;
3329-(5) a description of whether the grant recipient
3330-
3331-
3332-previously received a grant under this Act and, if so, the
3333-number of times and whether the local government provided
3334-a 50/50 or 90/10 match;
3335-(6) a description of whether the project was in a
3336-location designated as a disadvantaged community on the
3337-Climate and Economic Justice Screening Tool created by the
3338-Chair of the Council on Environmental Quality under
3339-subsection (a) of Section 222 of Presidential Executive
3340-Order 14008 "Tackling the Climate Crisis at Home and
3341-Abroad"; and
3342-(7) a description of the Department's criteria for
3343-waiving the matching criteria for distressed local
3344-government grant recipients in fiscal year 2025 that
3345-demonstrated their inability to provide any local match.
3346-Article 5.
3347-Section 5-5. The Illinois Act on the Aging is amended by
3348-adding Section 4.01b as follows:
3349-(20 ILCS 105/4.01b new)
3350-Sec. 4.01b. Indirect cost funds. The Department has the
3351-authority to apply for, accept, receive, expend, and
3352-administer on behalf of the State any indirect cost
3353-reimbursements, funds, or anything else of value made
3354-available to the Department from any source for assistance
3355-
3356-
3357-with programmatic activities or administrative costs related
3358-to the Department's programs. Any federal indirect cost
3359-reimbursements received by the Department pursuant to this
3360-Section shall be deposited into the Department on Aging
3361-Federal Indirect Cost Fund, and such moneys shall be expended,
3362-subject to appropriation, only for authorized purposes.
3363-Section 5-10. The Department of Commerce and Economic
3364-Opportunity Law of the Civil Administrative Code of Illinois
3365-is amended by changing Sections 605-55, 605-420, and 605-515
3366-and by adding Section 605-60 as follows:
3367-(20 ILCS 605/605-55) (was 20 ILCS 605/46.21)
3368-Sec. 605-55. Contracts and other acts to accomplish
3369-Department's duties. To make and enter into contracts,
3370-including but not limited to making grants and loans to units
3371-of local government, private agencies as defined in the
3372-Illinois State Auditing Act, non-profit corporations,
3373-educational institutions, and for-profit businesses as
3374-authorized pursuant to appropriations by the General Assembly
3375-from the Build Illinois Bond Fund, the Rebuild Illinois
3376-Projects Fund, the Fund for Illinois' Future, the Capital
3377-Development Fund, and the General Revenue Fund, and, for
3378-Fiscal Year 2023 only, the Chicago Travel Industry Promotion
3379-Fund, and generally to do all things that, in its judgment, may
3380-be necessary, proper, and expedient in accomplishing its
3381-
3382-
3383-duties.
3384-(Source: P.A. 102-699, eff. 4-19-22.)
3385-(20 ILCS 605/605-60 new)
3386-Sec. 605-60. DCEO Projects Fund. The DCEO Projects Fund is
3387-created as a trust fund in the State treasury. The Department
3388-is authorized to accept and deposit into the Fund moneys
3389-received from any gifts, grants, transfers, or other sources,
3390-public or private, unless deposit into a different fund is
3391-otherwise mandated. Subject to appropriation, the Department
3392-shall use moneys in the Fund to make grants or loans to and
3393-enter into contracts with units of local government, local and
3394-regional economic development corporations, and not-for-profit
3395-organizations for municipal development projects, for the
3396-specific purposes established by the terms and conditions of
3397-the gift, grant, or award, and for related administrative
3398-expenses. As used in this Section, the term "municipal
3399-development projects" includes, but is not limited to, grants
3400-for reducing food insecurity in urban and rural areas.
3401-(20 ILCS 605/605-420) (was 20 ILCS 605/46.75)
3402-Sec. 605-420. Workforce, Technology, and Economic
3403-Development Fund.
3404-(a) The Department may accept gifts, grants, awards,
3405-matching contributions, interest income, appropriations, and
3406-cost sharings from individuals, businesses, governments, and
3407-
3408-
3409-other third-party sources, on terms that the Director deems
3410-advisable, for any or all of the following purposes:
3411-(1) (Blank);
3412-(2) to assist economically disadvantaged and other
3413-youth to make a successful transition from school to work;
3414-(3) to assist other individuals targeted for services
3415-through education, training, and workforce development
3416-programs to obtain employment-related skills and obtain
3417-employment;
3418-(4) to identify, develop, commercialize, or promote
3419-technology within the State; and
3420-(5) to promote economic development within the State.
3421-(b) The Workforce, Technology, and Economic Development
3422-Fund is created as a special fund in the State Treasury. All On
3423-September 1, 2000, or as soon thereafter as may be reasonably
3424-practicable, the State Comptroller shall transfer from the
3425-Fund into the Title III Social Security and Employment Fund
3426-all moneys that were received for the purposes of Section
3427-403(a)(5) of the federal Social Security Act and remain
3428-unobligated on that date. Beginning on the effective date of
3429-this amendatory Act of the 92nd General Assembly, all moneys
3430-received under this Section for the purposes of Section
3431-403(a)(5) of the federal Social Security Act, except moneys
3432-that may be necessary to pay liabilities outstanding as of
3433-June 30, 2000, shall be deposited into the Title III Social
3434-Security and Employment Fund, and all other moneys received
3435-
3436-
3437-under this Section shall be deposited into the Workforce,
3438-Technology, and Economic Development Fund.
3439-Moneys received under this Section are subject to
3440-appropriation by the General Assembly may be expended for
3441-purposes consistent with the conditions under which those
3442-moneys were are received, including, but not limited to, the
3443-making of grants and any other purpose authorized by law
3444-subject to appropriations made by the General Assembly for
3445-those purposes.
3446-(Source: P.A. 91-34, eff. 7-1-99; 91-704, eff. 7-1-00; 92-298,
3447-eff. 8-9-01.)
3448-(20 ILCS 605/605-515) (was 20 ILCS 605/46.13a)
3449-Sec. 605-515. Environmental Regulatory Assistance Program.
3450-(a) In this Section, except where the context clearly
3451-requires otherwise, "small business stationary source" means a
3452-business that is owned or operated by a person that employs 100
3453-or fewer individuals; is a small business; is not a major
3454-stationary source as defined in Titles I and III of the federal
3455-1990 Clean Air Act Amendments; does not emit 50 tons or more
3456-per year of any regulated pollutant (as defined under the
3457-federal Clean Air Act); and emits less than 75 tons per year of
3458-all regulated pollutants.
3459-(b) The Department may:
3460-(1) Provide access to technical and compliance
3461-information for Illinois firms, including small and middle
3462-
3463-
3464-market companies, to facilitate local business compliance
3465-with the federal, State, and local environmental
3466-regulations.
3467-(2) Coordinate and enter into cooperative agreements
3468-with a State ombudsman office, which shall be established
3469-in accordance with the federal 1990 Clean Air Act
3470-Amendments to provide direct oversight to the program
3471-established under that Act.
3472-(3) Enter into contracts, cooperative agreements, and
3473-financing agreements and establish and collect charges and
3474-fees necessary or incidental to the performance of duties
3475-and the execution of powers under this Section.
3476-(4) Accept and expend, subject to appropriation,
3477-gifts, grants, awards, funds, contributions, charges,
3478-fees, and other financial or nonfinancial aid from
3479-federal, State, and local governmental agencies,
3480-businesses, educational agencies, not-for-profit
3481-organizations, and other entities, for the purposes of
3482-this Section.
3483-(5) Establish, staff, and administer programs and
3484-services and adopt such rules and regulations necessary to
3485-carry out the intent of this Section and Section 507,
3486-"Small Business Stationary Source Technical and
3487-Environmental Compliance Assistance Program", of the
3488-federal 1990 Clean Air Act Amendments.
3489-(c) The Department's environmental compliance programs and
3490-
3491-
3492-services for businesses may include, but need not be limited
3493-to, the following:
3494-(1) Communication and outreach services to or on
3495-behalf of individual companies, including collection and
3496-compilation of appropriate information on regulatory
3497-compliance issues and control technologies, and
3498-dissemination of that information through publications,
3499-direct mailings, electronic communications, conferences,
3500-workshops, one-on-one counseling, and other means of
3501-technical assistance.
3502-(2) Provision of referrals and access to technical
3503-assistance, pollution prevention and facility audits, and
3504-otherwise serving as an information clearinghouse on
3505-pollution prevention through the coordination of the
3506-Illinois Sustainable Technology Center of the University
3507-of Illinois. In addition, environmental and regulatory
3508-compliance issues and techniques, which may include
3509-business rights and responsibilities, applicable
3510-permitting and compliance requirements, compliance methods
3511-and acceptable control technologies, release detection,
3512-and other applicable information may be provided.
3513-(3) Coordination with and provision of administrative
3514-and logistical support to the State Compliance Advisory
3515-Panel.
3516-(d) There is hereby created a special fund in the State
3517-Treasury to be known as the Small Business Environmental
3518-
3519-
3520-Assistance Fund. Monies received under subdivision (b)(4) of
3521-this Section shall be deposited into the Fund.
3522-Monies in the Small Business Environmental Assistance Fund
3523-may be used, subject to appropriation, only for the purposes
3524-authorized by this Section.
3525-(e) Subject to appropriation, the Department may use
3526-moneys from the Clean Air Act Permit Fund for the purposes
3527-authorized by this Section.
3528-(Source: P.A. 98-346, eff. 8-14-13.)
3529-Section 5-15. The Renewable Energy, Energy Efficiency, and
3530-Coal Resources Development Law of 1997 is amended by changing
3531-Section 6-6 as follows:
3532-(20 ILCS 687/6-6)
3533-(Section scheduled to be repealed on December 31, 2025)
3534-Sec. 6-6. Energy efficiency program.
3535-(a) For the year beginning January 1, 1998, and thereafter
3536-as provided in this Section, each electric utility as defined
3537-in Section 3-105 of the Public Utilities Act and each
3538-alternative retail electric supplier as defined in Section
3539-16-102 of the Public Utilities Act supplying electric power
3540-and energy to retail customers located in the State of
3541-Illinois shall contribute annually a pro rata share of a total
3542-amount of $3,000,000 based upon the number of kilowatt-hours
3543-sold by each such entity in the 12 months preceding the year of
3544-
3545-
3546-contribution. On or before May 1 of each year, the Illinois
3547-Commerce Commission shall determine and notify the Agency of
3548-the pro rata share owed by each electric utility and each
3549-alternative retail electric supplier based upon information
3550-supplied annually to the Illinois Commerce Commission. On or
3551-before June 1 of each year, the Agency shall send written
3552-notification to each electric utility and each alternative
3553-retail electric supplier of the amount of pro rata share they
3554-owe. These contributions shall be remitted to the Illinois
3555-Environmental Protection Agency on or before June 30 of each
3556-year the contribution is due on a return prescribed and
3557-furnished by the Illinois Environmental Protection Agency
3558-showing such information as the Illinois Environmental
3559-Protection Agency may reasonably require. The funds received
3560-pursuant to this Section shall be subject to the appropriation
3561-of funds by the General Assembly. The Illinois Environmental
3562-Protection Agency shall place the funds remitted under this
3563-Section in a trust fund, that is hereby created in the State
3564-Treasury, called the Energy Efficiency Trust Fund. If an
3565-electric utility or alternative retail electric supplier does
3566-not remit its pro rata share to the Illinois Environmental
3567-Protection Agency, the Illinois Environmental Protection
3568-Agency must inform the Illinois Commerce Commission of such
3569-failure. The Illinois Commerce Commission may then revoke the
3570-certification of that electric utility or alternative retail
3571-electric supplier. The Illinois Commerce Commission may not
3572-
3573-
3574-renew the certification of any electric utility or alternative
3575-retail electric supplier that is delinquent in paying its pro
3576-rata share. These changes made to this subsection (a) by
3577-Public Act 103-363 this amendatory Act of the 103rd General
3578-Assembly apply beginning July 1, 2023.
3579-(b) The Agency shall disburse the moneys in the Energy
3580-Efficiency Trust Fund to benefit residential electric
3581-customers through projects which the Agency has determined
3582-will promote energy efficiency in the State of Illinois and to
3583-pay the associated operational expenses of the Agency in
3584-administering the grant program. The Agency Department of
3585-Commerce and Economic Opportunity shall establish a list of
3586-projects eligible for grants from the Energy Efficiency Trust
3587-Fund including, but not limited to, supporting energy
3588-efficiency efforts for low-income households, replacing energy
3589-inefficient windows with more efficient windows, replacing
3590-energy inefficient appliances with more efficient appliances,
3591-replacing energy inefficient lighting with more efficient
3592-lighting, insulating dwellings and buildings, using market
3593-incentives to encourage energy efficiency, and such other
3594-projects which will increase energy efficiency in homes and
3595-rental properties.
3596-(c) The Agency may, by administrative rule, establish
3597-criteria and an application process for this grant program.
3598-(d) (Blank).
3599-(e) (Blank).
3600-
3601-
3602-(Source: P.A. 102-444, eff. 8-20-21; 103-363, eff. 7-28-23.)
3603-Section 5-17. The Department of Natural Resources
3604-(Conservation) Law of the Civil Administrative Code of
3605-Illinois is amended by changing Section 805-305 as follows:
3606-(20 ILCS 805/805-305) (was 20 ILCS 805/63a23)
3607-Sec. 805-305. Campsites and housing facilities.
3608-(a) The Department has the power to provide facilities for
3609-overnight tent and trailer campsites and to provide suitable
3610-housing facilities for student and juvenile overnight camping
3611-groups. The Department of Natural Resources may regulate, by
3612-administrative order, the fees to be charged for tent and
3613-trailer camping units at individual park areas based upon the
3614-facilities available.
3615-(b) However, for campsites with access to showers or
3616-electricity, any Illinois resident who is age 62 or older or
3617-has a Class 2 disability as defined in Section 4A of the
3618-Illinois Identification Card Act shall be charged only
3619-one-half of the camping fee charged to the general public
3620-during the period Monday through Thursday of any week and
3621-shall be charged the same camping fee as the general public on
3622-all other days. For campsites without access to showers or
3623-electricity, no camping fee authorized by this Section shall
3624-be charged to any resident of Illinois who has a Class 2
3625-disability as defined in Section 4A of the Illinois
3626-
3627-
3628-Identification Card Act. For campsites without access to
3629-showers or electricity, no camping fee authorized by this
3630-Section shall be charged to any resident of Illinois who is age
3631-62 or older for the use of a campsite unit during the period
3632-Monday through Thursday of any week. No camping fee authorized
3633-by this Section shall be charged to any resident of Illinois
3634-who is a veteran with a disability or a former prisoner of war,
3635-as defined in Section 5 of the Department of Veterans' Affairs
3636-Act. No camping fee authorized by this Section shall be
3637-charged to any resident of Illinois after returning from
3638-service abroad or mobilization by the President of the United
3639-States as an active duty member of the United States Armed
3640-Forces, the Illinois National Guard, or the Reserves of the
3641-United States Armed Forces for the amount of time that the
3642-active duty member spent in service abroad or mobilized if the
3643-person applies for a pass with the Department within 2 years
3644-after returning and provides acceptable verification of
3645-service or mobilization to the Department. Any portion of a
3646-year that the active duty member spent in service abroad or
3647-mobilized shall count as a full year. The procedure by which a
3648-person may provide to the Department verification of service
3649-abroad or mobilization by the President of the United States
3650-shall be set by administrative rule. Nonresidents shall be
3651-charged the same fees as are authorized for the general public
3652-regardless of age. The Department shall provide by regulation
3653-for suitable proof of age, or either a valid driver's license
3654-
3655-
3656-or a "Golden Age Passport" issued by the federal government
3657-shall be acceptable as proof of age. The Department shall
3658-further provide by regulation that notice of these reduced
3659-admission fees be posted in a conspicuous place and manner.
3660-Reduced fees authorized in this Section shall not apply to
3661-any charge for utility service.
3662-For the purposes of this Section, "acceptable verification
3663-of service or mobilization" means official documentation from
3664-the Department of Defense or the appropriate Major Command
3665-showing mobilization dates or service abroad dates, including:
3666-(i) a DD-214, (ii) a letter from the Illinois Department of
3667-Military Affairs for members of the Illinois National Guard,
3668-(iii) a letter from the Regional Reserve Command for members
3669-of the Armed Forces Reserve, (iv) a letter from the Major
3670-Command covering Illinois for active duty members, (v)
3671-personnel records for mobilized State employees, and (vi) any
3672-other documentation that the Department, by administrative
3673-rule, deems acceptable to establish dates of mobilization or
3674-service abroad.
3675-For the purposes of this Section, the term "service
3676-abroad" means active duty service outside of the 50 United
3677-States and the District of Columbia, and includes all active
3678-duty service in territories and possessions of the United
3679-States.
3680-(c) To promote State campground use and Illinois State
3681-Fair attendance, the Department shall waive the camping fees
3682-
3683-
3684-for up to 2 nights of camping at Jim Edgar Panther Creek State
3685-Fish and Wildlife Area, Sangchris Lake State Park, or
3686-Lincoln's New Salem State Historic Site during the period from
3687-August 11, 2024 to August 15, 2024 for a camper who:
3688-(1) is 18 years of age or older;
3689-(2) provides proof of having purchased, between June
3690-26, 2024 and July 3, 2024, a season admission ticket
3691-booklet from the Department of Agriculture for entry into
3692-the 2024 Illinois State Fair in Springfield; and
3693-(3) requests the camping fee waiver in person at the
3694-time of permit issuance at the State campground.
3695-The waivers under this subsection (c) shall be granted on
3696-a first-come, first-served basis for a maximum of 40 sites at
3697-each of the 3 identified State campgrounds. Fees for utility
3698-service are not subject to waiver. Waivers under this
3699-subsection (c) are limited to one per camper.
3700-(Source: P.A. 102-780, eff. 5-13-22.)
3701-Section 5-18. The Department of Innovation and Technology
3702-Act is amended by changing Section 1-5 as follows:
3703-(20 ILCS 1370/1-5)
3704-Sec. 1-5. Definitions. In this Act:
3705-"Client agency" means each transferring agency, or its
3706-successor, and any other public agency to which the Department
3707-provides service to the extent specified in an interagency
3708-
3709-
3710-agreement with the public agency.
3711-"Dedicated unit" means the dedicated bureau, division,
3712-office, or other unit within a transferring agency that is
3713-responsible for the information technology functions of the
3714-transferring agency.
3715-"Department" means the Department of Innovation and
3716-Technology.
3717-"Information technology" means technology,
3718-infrastructure, equipment, systems, software, networks, and
3719-processes used to create, send, receive, and store electronic
3720-or digital information, including, without limitation,
3721-computer systems and telecommunication services and systems.
3722-"Information technology" shall be construed broadly to
3723-incorporate future technologies that change or supplant those
3724-in effect as of the effective date of this Act.
3725-"Information technology functions" means the development,
3726-procurement, installation, retention, maintenance, operation,
3727-possession, storage, and related functions of all information
3728-technology.
3729-"Secretary" means the Secretary of Innovation and
3730-Technology.
3731-"State agency" means each State agency, department, board,
3732-and commission under the jurisdiction of the Governor.
3733-"Transferring agency" means the Department on Aging; the
3734-Departments of Agriculture, Central Management Services,
3735-Children and Family Services, Commerce and Economic
3736-
3737-
3738-Opportunity, Corrections, Employment Security, Financial and
3739-Professional Regulation, Healthcare and Family Services, Human
3740-Rights, Human Services, Insurance, Juvenile Justice, Labor,
3741-Lottery, Military Affairs, Natural Resources, Public Health,
3742-Revenue, Transportation, and Veterans' Affairs; the Illinois
3743-State Police; the Capital Development Board; the Deaf and Hard
3744-of Hearing Commission; the Environmental Protection Agency;
3745-the Governor's Office of Management and Budget; the
3746-Guardianship and Advocacy Commission; the Abraham Lincoln
3747-Presidential Library and Museum; the Illinois Arts Council;
3748-the Illinois Council on Developmental Disabilities; the
3749-Illinois Emergency Management Agency; the Illinois Gaming
3750-Board; the Illinois Liquor Control Commission; the Office of
3751-the State Fire Marshal; and the Prisoner Review Board; and the
3752-Department of Early Childhood.
3753-(Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21;
3754-102-813, eff. 5-13-22; 102-870, eff. 1-1-23.)
3755-Section 5-20. The Illinois Lottery Law is amended by
3756-changing Section 21.16 as follows:
3757-(20 ILCS 1605/21.16)
3758-Sec. 21.16. Illinois DREAM scratch-off.
3759-(a) The Department shall offer a special Illinois DREAM
3760-instant scratch-off game for the benefit of the Illinois DREAM
3761-Fund Commission. The new revenue from the Illinois DREAM
3762-
3763-
3764-scratch-off game shall be deposited into the Illinois DREAM
3765-Fund, a special fund that is created in the State treasury.
3766-Subject to appropriation to the Illinois Student Assistance
3767-Commission, money in the Illinois DREAM Fund shall be used to
3768-assist in funding scholarships and other statutory
3769-responsibilities of the Illinois DREAM Fund Commission. The
3770-game shall commence on January 1, 2024 or as soon thereafter as
3771-is reasonably practical. The Department shall consult with the
3772-Illinois DREAM Fund Commission established under Section 67 of
3773-the Higher Education Student Assistance Act regarding the
3774-design and promotion of the game.
3775-(b) The operation of any games under this Section shall be
3776-governed by this Act, and any rules shall be adopted by the
3777-Department.
3778-(c) For purposes of this Section, "net revenue" means the
3779-total amount for which tickets have been sold less the sum of
3780-the amount paid out in prizes and the actual administrative
3781-expenses of the Department solely related to the Illinois
3782-DREAM scratch-off game.
3783-(d) During the time that tickets are sold for the Illinois
3784-DREAM scratch-off game, the Department shall not unreasonably
3785-diminish the efforts devoted to marketing any other instant
3786-scratch-off lottery game.
3787-(e) The Department may adopt any rules necessary to
3788-implement and administer this Section in consultation with the
3789-Illinois DREAM Fund Commission.
3790-
3791-
3792-(Source: P.A. 103-381, eff. 7-28-23.)
3793-Section 5-25. The Illinois Emergency Management Agency Act
3794-is amended by changing Section 17.8 as follows:
3795-(20 ILCS 3305/17.8)
3796-Sec. 17.8. IEMA State Projects Fund. The IEMA State
3797-Projects Fund is created as a trust fund in the State treasury.
3798-The Fund shall consist of any moneys appropriated to the
3799-Agency for purposes of the Illinois' Not-For-Profit Security
3800-Grant Program, a grant program authorized by subsection (g-5)
3801-of Section 5 of this Act, to provide funding support for target
3802-hardening activities and other physical security enhancements
3803-for qualifying not-for-profit organizations that are at high
3804-risk of terrorist attack. The Agency is authorized to use
3805-moneys appropriated from the Fund to make grants to
3806-not-for-profit organizations for target hardening activities,
3807-security personnel, and physical security enhancements and for
3808-the payment of administrative expenses associated with the
3809-Not-For-Profit Security Grant Program, except that, beginning
3810-July 1, 2024, the Agency shall not award grants under this
3811-Section to those entities whose primary purpose is to provide
3812-medical or mental health services. As used in this Section,
3813-"target hardening activities" include, but are not limited to,
3814-the purchase and installation of security equipment on real
3815-property owned or leased by the not-for-profit organization.
3816-
3817-
3818-Grants, gifts, and moneys from any other source, public or
3819-private, may also be deposited into the Fund and used for the
3820-purposes authorized by this Act.
3821-(Source: P.A. 103-8, eff. 6-7-23.)
3822-Section 5-30. The State Finance Act is amended by changing
3823-Sections 5.1015, 6z-27, 6z-32, 6z-47, 6z-70, 6z-111, 8.3,
3824-8.12, 8g-1, 12-2, and 13.2 and by adding Sections 5e-2 and
3825-6z-140 as follows:
3826-(30 ILCS 105/5.1015 new)
3827-Sec. 5.1015. The Professions Licensure Fund.
3828-(30 ILCS 105/5e-2 new)
3829-Sec. 5e-2. Transfers from Road Fund. In addition to any
3830-other transfers that may be provided for by law, on July 1,
3831-2024, or as soon thereafter as practical, the State
3832-Comptroller shall direct and the State Treasurer shall
3833-transfer the sum of $20,000,000 from the Road Fund to the
3834-Federal/State/Local Airport Fund to be used for purposes
3835-consistent with Section 11 of Article IX of the Illinois
3836-Constitution. This Section is repealed on January 1, 2026.
3837-(30 ILCS 105/6z-27)
3838-Sec. 6z-27. All moneys in the Audit Expense Fund shall be
3839-transferred, appropriated and used only for the purposes
3840-
3841-
3842-authorized by, and subject to the limitations and conditions
3843-prescribed by, the Illinois State Auditing Act.
3844-Within 30 days after July 1, 2024 2023, or as soon
3845-thereafter as practical, the State Comptroller shall order
3846-transferred and the State Treasurer shall transfer from the
3847-following funds moneys in the specified amounts for deposit
3848-into the Audit Expense Fund:
3849-Attorney General Court Ordered and Voluntary
3850-Compliance Payment Projects Fund..................$22,470
3851-Aggregate Operations Regulatory Fund.....................$605
3852-Agricultural Premium Fund.............................$21,002
3853-Attorney General's State Projects and
3854-Court Ordered Distribution Fund...................$36,873
3855-Anna Veterans Home Fund................................$1,205
3856-Appraisal Administration Fund..........................$2,670
3857-Attorney General Whistleblower Reward
3858-and Protection Fund..................................$938
3859-Bank and Trust Company Fund...........................$82,945
3860-Brownfields Redevelopment Fund.........................$1,893
3861-Cannabis Business Development Fund....................$15,750
3862-Cannabis Expungement Fund..............................$2,511
3863-Capital Development Board Revolving Fund...............$4,668
3864-Care Provider Fund for Persons with
3865-a Developmental Disability.........................$6,794
3866-CDLIS/AAMVAnet/NMVTIS Trust Fund.......................$1,679
3867-Cemetery Oversight Licensing and Disciplinary Fund.....$6,187
3868-
3869-
3870-Chicago State University Education Improvement Fund...$16,893
3871-Chicago Travel Industry Promotion Fund.................$9,146
3872-Child Support Administrative Fund......................$2,669
3873-Clean Air Act Permit Fund.............................$11,283
3874-Coal Technology Development Assistance Fund...........$22,087
3875-Community Association Manager
3876-Licensing and Disciplinary Fund....................$1,178
3877-Commitment to Human Services Fund ...................$259,050
3878-Common School Fund ..................................$385,362
3879-Community Mental Health Medicaid Trust Fund............$6,972
3880-Community Water Supply Laboratory Fund...................$835
3881-Credit Union Fund.....................................$21,944
3882-Cycle Rider Safety Training Fund.........................$704
3883-DCFS Children's Services Fund........................$164,036
3884-Department of Business Services Special Operations Fund.$4,564
3885-Department of Corrections Reimbursement
3886-and Education Fund................................$23,892
3887-Design Professionals Administration
3888-and Investigation Fund.............................$3,892
3889-Department of Human Services Community Services Fund...$6,314
3890-Downstate Public Transportation Fund..................$40,428
3891-Drivers Education Fund...................................$904
3892-Drug Rebate Fund......................................$40,707
3893-Drug Treatment Fund......................................$810
3894-Drycleaner Environmental Response Trust Fund...........$1,555
3895-Education Assistance Fund..........................$2,347,928
3896-
3897-
3898-Electric Vehicle Rebate Fund..........................$24,101
3899-Energy Efficiency Trust Fund.............................$955
3900-Energy Transition Assistance Fund......................$1,193
3901-Environmental Protection Permit and Inspection Fund...$17,475
3902-Facilities Management Revolving Fund..................$21,298
3903-Fair and Exposition Fund.................................$782
3904-Federal Asset Forfeiture Fund..........................$1,195
3905-Federal High Speed Rail Trust Fund.......................$910
3906-Federal Workforce Training Fund......................$113,609
3907-Feed Control Fund......................................$1,263
3908-Fertilizer Control Fund..................................$778
3909-Fire Prevention Fund...................................$4,470
3910-Freedom Schools Fund.....................................$636
3911-Fund for the Advancement of Education.................$61,767
3912-General Professions Dedicated Fund....................$36,108
3913-General Revenue Fund..............................$17,653,153
3914-Grade Crossing Protection Fund.........................$7,759
3915-Hazardous Waste Fund...................................$9,036
3916-Health and Human Services Medicaid Trust Fund............$793
3917-Healthcare Provider Relief Fund......................$209,863
3918-Historic Property Administrative Fund....................$791
3919-Horse Racing Fund....................................$233,685
3920-Hospital Provider Fund................................$66,984
3921-Illinois Affordable Housing Trust Fund................$30,424
3922-Illinois Charity Bureau Fund...........................$2,025
3923-Illinois Clean Water Fund.............................$18,928
3924-
3925-
3926-Illinois Forestry Development Fund....................$13,054
3927-Illinois Gaming Law Enforcement Fund...................$1,411
3928-IMSA Income Fund......................................$10,499
3929-Illinois Military Family Relief Fund...................$2,963
3930-Illinois National Guard Construction Fund..............$4,944
3931-Illinois Power Agency Operations Fund................$154,375
3932-Illinois State Dental Disciplinary Fund................$3,947
3933-Illinois State Fair Fund...............................$5,871
3934-Illinois State Medical Disciplinary Fund..............$32,809
3935-Illinois State Pharmacy Disciplinary Fund.............$10,993
3936-Illinois Student Assistance Commission
3937-Contracts and Grants Fund............................$950
3938-Illinois Veterans Assistance Fund......................$2,738
3939-Illinois Veterans' Rehabilitation Fund...................$685
3940-Illinois Wildlife Preservation Fund....................$2,646
3941-Illinois Workers' Compensation Commission
3942-Operations Fund...................................$94,942
3943-Illinois Works Fund....................................$5,577
3944-Income Tax Refund Fund...............................$232,364
3945-Insurance Financial Regulation Fund..................$158,266
3946-Insurance Premium Tax Refund Fund.....................$10,972
3947-Insurance Producer Administration Fund...............$208,185
3948-International Tourism Fund.............................$1,317
3949-LaSalle Veterans Home Fund.............................$2,656
3950-Law Enforcement Recruitment and Retention Fund........$10,249
3951-Law Enforcement Training Fund.........................$28,714
3952-
3953-
3954-LEADS Maintenance Fund...................................$573
3955-Live and Learn Fund....................................$8,419
3956-Local Government Distributive Fund...................$120,745
3957-Local Tourism Fund....................................$16,582
3958-Long Term Care Ombudsman Fund............................$635
3959-Long-Term Care Provider Fund..........................$10,352
3960-Manteno Veterans Home Fund.............................$3,941
3961-Mental Health Fund.....................................$3,560
3962-Mental Health Reporting Fund.............................$878
3963-Military Affairs Trust Fund............................$1,017
3964-Monitoring Device Driving Permit
3965-Administration Fee Fund..............................$657
3966-Motor Carrier Safety Inspection Fund...................$1,892
3967-Motor Fuel Tax Fund..................................$124,570
3968-Motor Vehicle License Plate Fund.......................$6,363
3969-Nursing Dedicated and Professional Fund...............$14,671
3970-Off-Highway Vehicle Trails Fund........................$1,431
3971-Open Space Lands Acquisition and Development Fund.....$67,764
3972-Optometric Licensing and Disciplinary Board Fund.........$922
3973-Parity Advancement Fund................................$9,349
3974-Partners For Conservation Fund........................$25,309
3975-Pawnbroker Regulation Fund...............................$659
3976-Pension Stabilization Fund.............................$3,009
3977-Personal Property Tax Replacement Fund...............$251,569
3978-Pesticide Control Fund.................................$4,715
3979-Prisoner Review Board Vehicle and Equipment Fund.......$3,035
3980-
3981-
3982-Professional Services Fund.............................$3,093
3983-Professions Indirect Cost Fund.......................$194,398
3984-Public Pension Regulation Fund.........................$3,519
3985-Public Transportation Fund...........................$108,264
3986-Quincy Veterans Home Fund.............................$25,455
3987-Real Estate License Administration Fund...............$27,976
3988-Rebuild Illinois Projects Fund.........................$3,682
3989-Regional Transportation Authority Occupation and Use Tax
3990-Replacement Fund...................................$3,226
3991-Registered Certified Public Accountants' Administration
3992-and Disciplinary Fund..............................$3,213
3993-Renewable Energy Resources Trust Fund..................$2,463
3994-Rental Housing Support Program Fund......................$560
3995-Residential Finance Regulatory Fund...................$21,672
3996-Road Fund............................................$524,729
3997-Salmon Fund..............................................$837
3998-Savings Bank Regulatory Fund.............................$528
3999-School Infrastructure Fund............................$10,122
4000-Secretary of State DUI Administration Fund.............$1,021
4001-Secretary of State Identification Security and
4002-Theft Prevention Fund..............................$4,877
4003-Secretary of State Special License Plate Fund..........$1,410
4004-Secretary of State Special Services Fund..............$11,665
4005-Securities Audit and Enforcement Fund..................$2,279
4006-Serve Illinois Commission Fund...........................$950
4007-Snowmobile Trail Establishment Fund......................$653
4008-
4009-
4010-Solid Waste Management Fund...........................$17,540
4011-Special Education Medicaid Matching Fund...............$2,916
4012-Sports Wagering Fund..................................$14,696
4013-State Police Law Enforcement Administration Fund.......$3,635
4014-State and Local Sales Tax Reform Fund..................$6,676
4015-State Asset Forfeiture Fund............................$1,445
4016-State Aviation Program Fund............................$2,125
4017-State Construction Account Fund......................$151,079
4018-State Crime Laboratory Fund............................$6,342
4019-State Gaming Fund....................................$216,475
4020-State Garage Revolving Fund............................$4,892
4021-State Lottery Fund...................................$106,169
4022-State Pensions Fund .................................$500,000
4023-State Police Firearm Services Fund....................$16,049
4024-State Police Services Fund............................$20,688
4025-State Police Vehicle Fund..............................$7,562
4026-State Police Whistleblower Reward
4027-and Protection Fund................................$3,858
4028-State Small Business Credit Initiative Fund...........$20,739
4029-State's Attorneys Appellate
4030-Prosecutor's County Fund..........................$20,621
4031-Subtitle D Management Fund.............................$2,669
4032-Supplemental Low-Income Energy Assistance Fund.......$158,173
4033-Tax Compliance and Administration Fund.................$3,789
4034-Technology Management Revolving Fund.................$620,435
4035-Tobacco Settlement Recovery Fund.......................$4,747
4036-
4037-
4038-Tourism Promotion Fund................................$46,998
4039-Traffic and Criminal Conviction Surcharge Fund........$41,173
4040-Underground Storage Tank Fund.........................$31,314
4041-University of Illinois Hospital Services Fund..........$3,257
4042-Vehicle Hijacking and Motor Vehicle Theft
4043-Prevention and Insurance Verification Trust Fund...$8,183
4044-Vehicle Inspection Fund...............................$19,811
4045-Weights and Measures Fund..............................$3,636
4046-African-American HIV/AIDS Response RESP Fund...........$1,421
4047-Agricultural Premium Fund............................$122,719
4048-Alzheimer's Awareness Fund.............................$1,499
4049-Alzheimer's Disease Research, Care, and Support Fund.....$662
4050-Amusement Ride and Patron Safety Fund..................$6,315
4051-Assisted Living and & Shared Housing Regulatory
4052-House Regulation Fund..............................$2,564
4053-Capital Development Board Revolving Fund..............$15,118
4054-Care Provider Fund for Persons with a Developmental
4055-Disability........................................$15,392
4056-Carolyn Adams Ticket For The Cure Grant Fund.............$927
4057-CDLIS/AAMVANET/NMVTIS Trust Fund (Commercial
4058-Driver's License Information
4059-System/American Association of
4060-Motor Vehicle Administrators
4061-network/National Motor Vehicle
4062-Title Information Service Trust Fund)..............$5,236
4063-Chicago Police Memorial Foundation Fund..................$708
4064-
4065-
4066-Chicago State University Education Improvement Fund...$13,666
4067-Child Labor and Day and Temporary Labor
4068-Services Enforcement Fund.........................$11,991
4069-Child Support Administrative Fund......................$5,287
4070-Clean Air Act Permit Fund..............................$1,556
4071-Coal Technology Development Assistance Fund............$6,936
4072-Common School Fund...................................$343,892
4073-Community Mental Health Medicaid Trust Fund...........$14,084
4074-Corporate Franchise Tax Refund Fund....................$1,096
4075-DCFS Children's Services Fund..........................$8,766
4076-Death Certificate Surcharge Fund.......................$2,060
4077-Death Penalty Abolition Fund...........................$2,448
4078-Department of Business Services Service Special
4079-Operations Fund...................................$13,889
4080-Department of Human Services DHS Community
4081-Services Fund......................................$7,970
4082-Downstate Public Transportation Fund..................$11,631
4083-Dram Shop Fund.......................................$142,500
4084-Driver Services Administration Fund....................$1,873
4085-Drug Rebate Fund......................................$42,473
4086-Drug Treatment Fund....................................$1,767
4087-Education Assistance Fund..........................$2,031,292
4088-Emergency Public Health Fund...........................$5,162
4089-Environmental Protection Permit and Inspection Fund....$1,447
4090-Estate Tax Refund Fund...................................$852
4091-Facilities Management Revolving Fund..................$50,148
4092-
4093-
4094-Facility Licensing Fund................................$5,522
4095-Fair and & Exposition Fund.............................$4,248
4096-Feed Control Fund......................................$7,709
4097-Fertilizer Control Fund................................$6,849
4098-Fire Prevention Fund...................................$3,859
4099-Fund for the Advancement of Education.................$24,772
4100-General Assembly Operations Revolving Rev Fund.........$1,146
4101-General Professions Dedicated Fund.....................$4,039
4102-General Revenue Fund..............................$17,653,153
4103-Governor's Administrative Fund.........................$2,832
4104-Governor's Grant Fund.................................$17,709
4105-Grade Crossing Protection Fund...........................$930
4106-Grant Accountability and / Transparency Fund.............$805
4107-Guardianship and & Advocacy Fund......................$14,843
4108-Hazardous Waste Fund.....................................$835
4109-Health Facility Plan Review Fund.......................$1,776
4110-Health and Human Services Service Medicaid Trust Fund..$6,554
4111-Healthcare Provider Relief Fund......................$407,107
4112-Healthy Smiles Fund......................................$738
4113-Home Care Services Agency Licensure Fund...............$3,101
4114-Hospital Licensure Fund................................$1,688
4115-Hospital Provider Fund...............................$138,829
4116-ICCB Federal Trust Fund...............................$9,968
4117-ICJIA Violence Prevention Fund...........................$932
4118-Illinois IL Affordable Housing Trust Fund.............$17,236
4119-Illinois IL Clean Water Fund...........................$2,152
4120-
4121-
4122-IL Community College Board
4123-Contracts and Grants ...............................9,968
4124-Illinois IL Health Facilities Planning Fund............$3,094
4125-IMSA Income Fund......................................$12,417
4126-Illinois IL Power Agency Operations Fund..............$62,583
4127-Illinois IL School Asbestos Abatement Fund...............$784
4128-Illinois IL State Fair Fund...........................$29,752
4129-Illinois IL State Police Memorial Park Fund..............$681
4130-Illinois Telecommunications IL Telecom Access
4131-Corporation Fund...................................$1,668
4132-Illinois IL Underground Utility Facilities
4133-Facility Damage Prevention Fund....................$4,276
4134-Illinois IL Veterans' Rehabilitation Fund..............$5,943
4135-Illinois IL Workers' Compensation Commission
4136-Operations Fund..................................$243,187
4137-Income Tax Refund Fund................................$54,420
4138-Lead Poisoning Screening, Prevention, and
4139-Abatement Fund....................................$16,379
4140-Live and Learn Fund...................................$25,492
4141-Lobbyist Registration Administration Fund..............$1,471
4142-Local Government Distributive Fund....................$44,025
4143-Long Term Care Monitor/Receiver Receive Fund..........$42,016
4144-Long-Term Long Term Care Provider Fund................$13,537
4145-Low-Level Radioactive Low Level Rad Facility
4146-Development and Operation Dev & Op Fund..............$618
4147-Mandatory Arbitration Fund.............................$2,104
4148-
4149-
4150-Medical Special Purposes Purpose Trust Fund..............$786
4151-Mental Health Fund.....................................$9,376
4152-Mental Health Reporting Fund...........................$1,443
4153-Metabolic Screening and & Treatment Fund..............$32,049
4154-Monitoring Device Driving Permit Administration
4155-Fee Fund...........................................$1,616
4156-Motor Fuel Tax Fund...................................$36,238
4157-Motor Vehicle License Plate Fund......................$17,694
4158-Motor Vehicle Theft Prevention and Insurance
4159-Verification Trust.................................10,970
4160-Multiple Sclerosis Research Fund.........................$758
4161-Nuclear Safety Emergency Preparedness Fund............$26,117
4162-Nursing Dedicated and Professional Fund................$2,420
4163-Open Space Lands Acquisition and & Development Fund......$658
4164-Partners For Conservation Fund........................$89,847
4165-Pension Stabilization Fund.............................$1,031
4166-Personal Property Tax Replacement Fund...............$290,755
4167-Pesticide Control Fund................................$30,513
4168-Plumbing Licensure and & Program Fund..................$6,276
4169-Police Memorial Committee Fund...........................$813
4170-Professional Services Fund............................$72,029
4171-Public Health Laboratory Lab Services Revolving
4172-Rev Fund...........................................$5,816
4173-Public Transportation Fund............................$46,826
4174-Public Utility Fund..................................$198,423
4175-Radiation Protection Fund.............................$11,034
4176-
4177-
4178-Renewable Energy Resources Trust Fund..................$7,834
4179-Road Fund............................................$226,150
4180-Regional Transportation Authority RTA Occupation
4181-and & Use Tax Replacement Fund.....................$1,167
4182-School Infrastructure Fund.............................$7,749
4183-Secretary of State DUI Administration Fund.............$2,694
4184-Secretary of State Identification & Security
4185-and Theft Prevention Fund.........................$12,676
4186-Secretary of State Police Services Fund..................$717
4187-Secretary of State Special License Plate Fund..........$4,203
4188-Secretary of State Special Services Fund..............$34,491
4189-Securities Audit and Enforcement Fund..................$8,198
4190-Solid Waste Management Fund............................$1,613
4191-Special Olympics Illinois and Special
4192-Children's Charities Fund............................$852
4193-Special Education Medicaid Matching Fund...............$5,131
4194-Sports Wagering Fund...................................$4,450
4195-State and Local Sales Tax Reform Fund..................$2,361
4196-State Construction Account Fund.......................$37,865
4197-State Gaming Fund.....................................$94,435
4198-State Garage Revolving Fund............................$8,977
4199-State Lottery Fund...................................$340,323
4200-State Pensions Fund..................................$500,000
4201-State Treasurer's Bank Services Trust Fund.............$1,295
4202-Supreme Court Special Purposes Fund....................$1,722
4203-Tattoo and & Body Piercing Establishment
4204-
4205-
4206-Registration Fund....................................$950
4207-Tax Compliance and & Administration Fund...............$1,483
4208-Technology Management Revolving Fund.................$186,193
4209-Tobacco Settlement Recovery Fund......................$29,864
4210-Tourism Promotion Fund................................$50,155
4211-Transportation Regulatory Fund........................$78,256
4212-Trauma Center Fund.....................................$1,960
4213-Underground Storage Tank Fund..........................$3,630
4214-University of Illinois IL Hospital Services Fund.......$6,712
4215-Vehicle Hijacking and Motor Vehicle
4216-Theft Prevention and Insurance
4217-Verification Trust Fund...........................$10,970
4218-Vehicle Inspection Fund................................$5,069
4219-Weights and Measures Fund.............................$22,129
4220-Youth Alcoholism and & Substance Abuse Prevention Fund...$526
4221-Notwithstanding any provision of the law to the contrary,
4222-the General Assembly hereby authorizes the use of such funds
4223-for the purposes set forth in this Section.
4224-These provisions do not apply to funds classified by the
4225-Comptroller as federal trust funds or State trust funds. The
4226-Audit Expense Fund may receive transfers from those trust
4227-funds only as directed herein, except where prohibited by the
4228-terms of the trust fund agreement. The Auditor General shall
4229-notify the trustees of those funds of the estimated cost of the
4230-audit to be incurred under the Illinois State Auditing Act for
4231-the fund. The trustees of those funds shall direct the State
4232-
4233-
4234-Comptroller and Treasurer to transfer the estimated amount to
4235-the Audit Expense Fund.
4236-The Auditor General may bill entities that are not subject
4237-to the above transfer provisions, including private entities,
4238-related organizations and entities whose funds are
4239-locally-held, for the cost of audits, studies, and
4240-investigations incurred on their behalf. Any revenues received
4241-under this provision shall be deposited into the Audit Expense
4242-Fund.
4243-In the event that moneys on deposit in any fund are
4244-unavailable, by reason of deficiency or any other reason
4245-preventing their lawful transfer, the State Comptroller shall
4246-order transferred and the State Treasurer shall transfer the
4247-amount deficient or otherwise unavailable from the General
4248-Revenue Fund for deposit into the Audit Expense Fund.
4249-On or before December 1, 1992, and each December 1
4250-thereafter, the Auditor General shall notify the Governor's
4251-Office of Management and Budget (formerly Bureau of the
4252-Budget) of the amount estimated to be necessary to pay for
4253-audits, studies, and investigations in accordance with the
4254-Illinois State Auditing Act during the next succeeding fiscal
4255-year for each State fund for which a transfer or reimbursement
4256-is anticipated.
4257-Beginning with fiscal year 1994 and during each fiscal
4258-year thereafter, the Auditor General may direct the State
4259-Comptroller and Treasurer to transfer moneys from funds
4260-
4261-
4262-authorized by the General Assembly for that fund. In the event
4263-funds, including federal and State trust funds but excluding
4264-the General Revenue Fund, are transferred, during fiscal year
4265-1994 and during each fiscal year thereafter, in excess of the
4266-amount to pay actual costs attributable to audits, studies,
4267-and investigations as permitted or required by the Illinois
4268-State Auditing Act or specific action of the General Assembly,
4269-the Auditor General shall, on September 30, or as soon
4270-thereafter as is practicable, direct the State Comptroller and
4271-Treasurer to transfer the excess amount back to the fund from
4272-which it was originally transferred.
4273-(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
4274-103-8, eff. 6-7-23; 103-129, eff. 6-30-23; revised 11-21-23.)
4275-(30 ILCS 105/6z-32)
4276-Sec. 6z-32. Partners for Planning and Conservation.
4277-(a) The Partners for Conservation Fund (formerly known as
4278-the Conservation 2000 Fund) and the Partners for Conservation
4279-Projects Fund (formerly known as the Conservation 2000
4280-Projects Fund) are created as special funds in the State
4281-Treasury. These funds shall be used to establish a
4282-comprehensive program to protect Illinois' natural resources
4283-through cooperative partnerships between State government and
4284-public and private landowners. Moneys in these Funds may be
4285-used, subject to appropriation, by the Department of Natural
4286-Resources, Environmental Protection Agency, and the Department
4287-
4288-
4289-of Agriculture for purposes relating to natural resource
4290-protection, planning, recreation, tourism, climate resilience,
4291-and compatible agricultural and economic development
4292-activities. Without limiting these general purposes, moneys in
4293-these Funds may be used, subject to appropriation, for the
4294-following specific purposes:
4295-(1) To foster sustainable agriculture practices and
4296-control soil erosion, sedimentation, and nutrient loss
4297-from farmland, including grants to Soil and Water
4298-Conservation Districts for conservation practice
4299-cost-share grants and for personnel, educational, and
4300-administrative expenses.
4301-(2) To establish and protect a system of ecosystems in
4302-public and private ownership through conservation
4303-easements, incentives to public and private landowners,
4304-natural resource restoration and preservation, water
4305-quality protection and improvement, land use and watershed
4306-planning, technical assistance and grants, and land
4307-acquisition provided these mechanisms are all voluntary on
4308-the part of the landowner and do not involve the use of
4309-eminent domain.
4310-(3) To develop a systematic and long-term program to
4311-effectively measure and monitor natural resources and
4312-ecological conditions through investments in technology
4313-and involvement of scientific experts.
4314-(4) To initiate strategies to enhance, use, and
4315-
4316-
4317-maintain Illinois' inland lakes through education,
4318-technical assistance, research, and financial incentives.
4319-(5) To partner with private landowners and with units
4320-of State, federal, and local government and with
4321-not-for-profit organizations in order to integrate State
4322-and federal programs with Illinois' natural resource
4323-protection and restoration efforts and to meet
4324-requirements to obtain federal and other funds for
4325-conservation or protection of natural resources.
4326-(6) To support the State's Nutrient Loss Reduction
4327-Strategy, including, but not limited to, funding the
4328-resources needed to support the Strategy's Policy Working
4329-Group, cover water quality monitoring in support of
4330-Strategy implementation, prepare a biennial report on the
4331-progress made on the Strategy every 2 years, and provide
4332-cost share funding for nutrient capture projects.
4333-(7) To provide capacity grants to support soil and
4334-water conservation districts, including, but not limited
4335-to, developing soil health plans, conducting soil health
4336-assessments, peer-to-peer training, convening
4337-producer-led dialogues, professional memberships, lab
4338-analysis, and and travel stipends for meetings and
4339-educational events.
4340-(8) To develop guidelines and local soil health
4341-assessments for advancing soil health.
4342-(b) The State Comptroller and State Treasurer shall
4343-
4344-
4345-automatically transfer on the last day of each month,
4346-beginning on September 30, 1995 and ending on June 30, 2025
4347-2024, from the General Revenue Fund to the Partners for
4348-Conservation Fund, an amount equal to 1/10 of the amount set
4349-forth below in fiscal year 1996 and an amount equal to 1/12 of
4350-the amount set forth below in each of the other specified
4351-fiscal years:
4352-Fiscal Year Amount 1996$ 3,500,000 1997$ 9,000,000 1998$10,000,000 1999$11,000,000 2000$12,500,000 2001 through 2004$14,000,0002005 $7,000,0002006 $11,000,000 2007 $0 2008 through 2011 $14,000,000 2012 $12,200,000 2013 through 2017 $14,000,0002018 $1,500,000 2019 $14,000,000 2020 $7,500,000 2021 through 2023 $14,000,000 2024 $18,000,0002025 $14,000,000 Fiscal Year Amount 1996 $ 3,500,000 1997 $ 9,000,000 1998 $10,000,000 1999 $11,000,000 2000 $12,500,000 2001 through 2004 $14,000,000 2005 $7,000,000 2006 $11,000,000 2007 $0 2008 through 2011 $14,000,000 2012 $12,200,000 2013 through 2017 $14,000,000 2018 $1,500,000 2019 $14,000,000 2020 $7,500,000 2021 through 2023 $14,000,000 2024 $18,000,000 2025 $14,000,000
4353-Fiscal Year Amount
4354-1996 $ 3,500,000
4355-1997 $ 9,000,000
4356-1998 $10,000,000
4357-1999 $11,000,000
4358-2000 $12,500,000
4359-2001 through 2004 $14,000,000
4360-2005 $7,000,000
4361-2006 $11,000,000
4362-2007 $0
4363-2008 through 2011 $14,000,000
4364-2012 $12,200,000
4365-2013 through 2017 $14,000,000
4366-2018 $1,500,000
4367-2019 $14,000,000
4368-2020 $7,500,000
4369-2021 through 2023 $14,000,000
4370-2024 $18,000,000
4371-2025 $14,000,000
4372-
4373-
4374-Fiscal Year Amount
4375-1996 $ 3,500,000
4376-1997 $ 9,000,000
4377-1998 $10,000,000
4378-1999 $11,000,000
4379-2000 $12,500,000
4380-2001 through 2004 $14,000,000
4381-2005 $7,000,000
4382-2006 $11,000,000
4383-2007 $0
4384-2008 through 2011 $14,000,000
4385-2012 $12,200,000
4386-2013 through 2017 $14,000,000
4387-2018 $1,500,000
4388-2019 $14,000,000
4389-2020 $7,500,000
4390-2021 through 2023 $14,000,000
4391-2024 $18,000,000
4392-2025 $14,000,000
4393-
4394-
4395-(c) The State Comptroller and State Treasurer shall
4396-automatically transfer on the last day of each month beginning
4397-on July 31, 2021 and ending June 30, 2022, from the
4398-Environmental Protection Permit and Inspection Fund to the
4399-Partners for Conservation Fund, an amount equal to 1/12 of
4400-$4,135,000.
4401-(c-1) The State Comptroller and State Treasurer shall
4402-automatically transfer on the last day of each month beginning
4403-on July 31, 2022 and ending June 30, 2023, from the
4404-Environmental Protection Permit and Inspection Fund to the
4405-Partners for Conservation Fund, an amount equal to 1/12 of
4406-$5,900,000.
4407-(d) There shall be deposited into the Partners for
4408-Conservation Projects Fund such bond proceeds and other moneys
4409-as may, from time to time, be provided by law.
4410-(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
4411-103-8, eff. 6-7-23; 103-494, eff. 8-4-23; revised 9-7-23.)
4412-(30 ILCS 105/6z-47)
4413-Sec. 6z-47. Fund for Illinois' Future.
4414-(a) The Fund for Illinois' Future is hereby created as a
4415-special fund in the State Treasury.
4416-(b) On June 15, 1999 ( Upon the effective date of Public Act
4417-91-38) this amendatory Act of the 91st General Assembly, or as
4418-soon as possible thereafter, the Comptroller shall order
4419-transferred and the Treasurer shall transfer $260,000,000 from
4420-
4421-
4422-the General Revenue Fund to the Fund for Illinois' Future.
4423-On July 15, 2000, or as soon as possible thereafter, the
4424-Comptroller shall order transferred and the Treasurer shall
4425-transfer $260,000,000 from the General Revenue Fund to the
4426-Fund for Illinois' Future.
4427-Revenues in the Fund for Illinois' Future shall include
4428-any other funds appropriated or transferred into the Fund.
4429-(c) Moneys in the Fund for Illinois' Future may be
4430-appropriated for the making of grants and expenditures for
4431-planning, engineering, acquisition, construction,
4432-reconstruction, development, improvement, and extension of
4433-public infrastructure in the State of Illinois, including
4434-grants to local governments for public infrastructure, grants
4435-to public elementary and secondary school districts for public
4436-infrastructure, grants to universities, colleges, community
4437-colleges, and non-profit corporations for public
4438-infrastructure, and expenditures for public infrastructure of
4439-the State and other related purposes, including but not
4440-limited to expenditures for equipment, vehicles, community
4441-programs, and recreational facilities.
4442-(d) Moneys in the Fund for Illinois' Future may also be
4443-appropriated for the making of grants to local governments,
4444-public and private elementary and secondary schools,
4445-non-profit corporations, and community-based providers for
4446-costs associated with violence prevention, community
4447-development, educational programs, social services, community
4448-
4449-
4450-programs, and operational expenses.
4451-(Source: P.A. 91-38, eff. 6-15-99.)
4452-(30 ILCS 105/6z-70)
4453-Sec. 6z-70. The Secretary of State Identification Security
4454-and Theft Prevention Fund.
4455-(a) The Secretary of State Identification Security and
4456-Theft Prevention Fund is created as a special fund in the State
4457-treasury. The Fund shall consist of any fund transfers,
4458-grants, fees, or moneys from other sources received for the
4459-purpose of funding identification security and theft
4460-prevention measures.
4461-(b) All moneys in the Secretary of State Identification
4462-Security and Theft Prevention Fund shall be used, subject to
4463-appropriation, for any costs related to implementing
4464-identification security and theft prevention measures.
4465-(c) (Blank).
4466-(d) (Blank).
4467-(e) (Blank).
4468-(f) (Blank).
4469-(g) (Blank).
4470-(h) (Blank).
4471-(i) (Blank).
4472-(j) (Blank).
4473-(k) (Blank).
4474-(l) (Blank).
4475-
4476-
4477-(m) (Blank).
4478-(n) (Blank).
4479-(o) (Blank). Notwithstanding any other provision of State
4480-law to the contrary, on or after July 1, 2022, and until June
4481-30, 2023, in addition to any other transfers that may be
4482-provided for by law, at the direction of and upon notification
4483-of the Secretary of State, the State Comptroller shall direct
4484-and the State Treasurer shall transfer amounts into the
4485-Secretary of State Identification Security and Theft
4486-Prevention Fund from the designated funds not exceeding the
4487-following totals:
4488-Division of Corporations Registered Limited
4489-Liability Partnership Fund...................$400,000
4490-Department of Business Services Special
4491-Operations Fund............................$5,500,000
4492-Securities Audit and Enforcement Fund..........$4,000,000
4493-Corporate Franchise Tax Refund Fund............$4,000,000
4494-(p) Notwithstanding any other provision of State law to
4495-the contrary, on or after July 1, 2023, and until June 30,
4496-2024, in addition to any other transfers that may be provided
4497-for by law, at the direction of and upon notification of the
4498-Secretary of State, the State Comptroller shall direct and the
4499-State Treasurer shall transfer amounts into the Secretary of
4500-State Identification Security and Theft Prevention Fund from
4501-the designated funds not exceeding the following totals:
4502-Division of Corporations Registered Limited
4503-
4504-
4505-Liability Partnership Fund..................$400,000
4506-Department of Business Services Special
4507-Operations Fund...........................$5,500,000
4508-Securities Audit and Enforcement Fund.........$4,000,000
4509-(q) Notwithstanding any other provision of State law to
4510-the contrary, on or after July 1, 2024, and until June 30,
4511-2025, in addition to any other transfers that may be provided
4512-for by law, at the direction of and upon notification of the
4513-Secretary of State, the State Comptroller shall direct and the
4514-State Treasurer shall transfer amounts into the Secretary of
4515-State Identification Security and Theft Prevention Fund from
4516-the designated funds not exceeding the following totals:
4517-Division of Corporations Registered Limited
4518-Liability Partnership Fund...................$400,000
4519-Department of Business Services Special
4520-Operations Fund............................$5,500,000
4521-Securities Audit and Enforcement Fund..........$4,000,000
4522-Corporate Franchise Tax Refund Fund............$3,000,000
4523-(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
4524-103-8, eff. 6-7-23.)
4525-(30 ILCS 105/6z-111)
4526-Sec. 6z-111. Rebuild Illinois Projects Fund.
4527-(a) The Rebuild Illinois Projects Fund is created as a
4528-special fund in the State treasury and shall receive moneys
4529-from the collection of license fees on initial licenses issued
4530-
4531-
4532-for newly licensed gaming facilities or wagering platforms in
4533-Fiscal Year 2019 or thereafter, and any other moneys
4534-appropriated or transferred to it as provided by law.
4535-(b) Money in the Rebuild Illinois Projects Fund shall be
4536-used, subject to appropriation, for grants that support
4537-community development, including capital projects and other
4538-purposes authorized by law.
4539-(Source: P.A. 101-30, eff. 6-28-19.)
4540-(30 ILCS 105/6z-140 new)
4541-Sec. 6z-140. Professions Licensure Fund. The Professions
4542-Licensure Fund is created as a special fund in the State
4543-treasury. The Fund may receive revenue from any authorized
4544-source, including, but not limited to, gifts, grants, awards,
4545-transfers, and appropriations. Subject to appropriation, the
4546-Department of Financial and Professional Regulation may use
4547-moneys in the Fund for costs directly associated with the
4548-procurement of electronic data processing software, licenses,
4549-or any other information technology system products and for
4550-the ongoing costs of electronic data processing software,
4551-licenses, or other information technology system products
4552-related to the granting, renewal, or administration of all
4553-licenses under the Department's jurisdiction.
4554-(30 ILCS 105/8.3)
4555-Sec. 8.3. Money in the Road Fund shall, if and when the
4556-
4557-
4558-State of Illinois incurs any bonded indebtedness for the
4559-construction of permanent highways, be set aside and used for
4560-the purpose of paying and discharging annually the principal
4561-and interest on that bonded indebtedness then due and payable,
4562-and for no other purpose. The surplus, if any, in the Road Fund
4563-after the payment of principal and interest on that bonded
4564-indebtedness then annually due shall be used as follows:
4565-first -- to pay the cost of administration of Chapters
4566-2 through 10 of the Illinois Vehicle Code, except the cost
4567-of administration of Articles I and II of Chapter 3 of that
4568-Code, and to pay the costs of the Executive Ethics
4569-Commission for oversight and administration of the Chief
4570-Procurement Officer appointed under paragraph (2) of
4571-subsection (a) of Section 10-20 of the Illinois
4572-Procurement Code for transportation; and
4573-secondly -- for expenses of the Department of
4574-Transportation for construction, reconstruction,
4575-improvement, repair, maintenance, operation, and
4576-administration of highways in accordance with the
4577-provisions of laws relating thereto, or for any purpose
4578-related or incident to and connected therewith, including
4579-the separation of grades of those highways with railroads
4580-and with highways and including the payment of awards made
4581-by the Illinois Workers' Compensation Commission under the
4582-terms of the Workers' Compensation Act or Workers'
4583-Occupational Diseases Act for injury or death of an
4584-
4585-
4586-employee of the Division of Highways in the Department of
4587-Transportation; or for the acquisition of land and the
4588-erection of buildings for highway purposes, including the
4589-acquisition of highway right-of-way or for investigations
4590-to determine the reasonably anticipated future highway
4591-needs; or for making of surveys, plans, specifications and
4592-estimates for and in the construction and maintenance of
4593-flight strips and of highways necessary to provide access
4594-to military and naval reservations, to defense industries
4595-and defense-industry sites, and to the sources of raw
4596-materials and for replacing existing highways and highway
4597-connections shut off from general public use at military
4598-and naval reservations and defense-industry sites, or for
4599-the purchase of right-of-way, except that the State shall
4600-be reimbursed in full for any expense incurred in building
4601-the flight strips; or for the operating and maintaining of
4602-highway garages; or for patrolling and policing the public
4603-highways and conserving the peace; or for the operating
4604-expenses of the Department relating to the administration
4605-of public transportation programs; or, during fiscal year
4606-2023, for the purposes of a grant not to exceed $8,394,800
4607-to the Regional Transportation Authority on behalf of PACE
4608-for the purpose of ADA/Para-transit expenses; or, during
4609-fiscal year 2024, for the purposes of a grant not to exceed
4610-$9,108,400 to the Regional Transportation Authority on
4611-behalf of PACE for the purpose of ADA/Para-transit
4612-
4613-
4614-expenses; or, during fiscal year 2025, for the purposes of
4615-a grant not to exceed $10,020,000 to the Regional
4616-Transportation Authority on behalf of PACE for the purpose
4617-of ADA/Para-transit expenses; or for any of those purposes
4618-or any other purpose that may be provided by law.
4619-Appropriations for any of those purposes are payable from
4620-the Road Fund. Appropriations may also be made from the Road
4621-Fund for the administrative expenses of any State agency that
4622-are related to motor vehicles or arise from the use of motor
4623-vehicles.
4624-Beginning with fiscal year 1980 and thereafter, no Road
4625-Fund monies shall be appropriated to the following Departments
4626-or agencies of State government for administration, grants, or
4627-operations; but this limitation is not a restriction upon
4628-appropriating for those purposes any Road Fund monies that are
4629-eligible for federal reimbursement:
4630-1. Department of Public Health;
4631-2. Department of Transportation, only with respect to
4632-subsidies for one-half fare Student Transportation and
4633-Reduced Fare for Elderly, except fiscal year 2023 when no
4634-more than $17,570,000 may be expended and except fiscal
4635-year 2024 when no more than $19,063,500 may be expended
4636-and except fiscal year 2025 when no more than $20,969,900
4637-may be expended;
4638-3. Department of Central Management Services, except
4639-for expenditures incurred for group insurance premiums of
4640-
4641-
4642-appropriate personnel;
4643-4. Judicial Systems and Agencies.
4644-Beginning with fiscal year 1981 and thereafter, no Road
4645-Fund monies shall be appropriated to the following Departments
4646-or agencies of State government for administration, grants, or
4647-operations; but this limitation is not a restriction upon
4648-appropriating for those purposes any Road Fund monies that are
4649-eligible for federal reimbursement:
4650-1. Illinois State Police, except for expenditures with
4651-respect to the Division of Patrol and Division of Criminal
4652-Investigation;
4653-2. Department of Transportation, only with respect to
4654-Intercity Rail Subsidies, except fiscal year 2023 when no
4655-more than $55,000,000 may be expended and except fiscal
4656-year 2024 when no more than $60,000,000 may be expended
4657-and except fiscal year 2025 when no more than $67,000,000
4658-may be expended, and Rail Freight Services.
4659-Beginning with fiscal year 1982 and thereafter, no Road
4660-Fund monies shall be appropriated to the following Departments
4661-or agencies of State government for administration, grants, or
4662-operations; but this limitation is not a restriction upon
4663-appropriating for those purposes any Road Fund monies that are
4664-eligible for federal reimbursement: Department of Central
4665-Management Services, except for awards made by the Illinois
4666-Workers' Compensation Commission under the terms of the
4667-Workers' Compensation Act or Workers' Occupational Diseases
4668-
4669-
4670-Act for injury or death of an employee of the Division of
4671-Highways in the Department of Transportation.
4672-Beginning with fiscal year 1984 and thereafter, no Road
4673-Fund monies shall be appropriated to the following Departments
4674-or agencies of State government for administration, grants, or
4675-operations; but this limitation is not a restriction upon
4676-appropriating for those purposes any Road Fund monies that are
4677-eligible for federal reimbursement:
4678-1. Illinois State Police, except not more than 40% of
4679-the funds appropriated for the Division of Patrol and
4680-Division of Criminal Investigation;
4681-2. State Officers.
4682-Beginning with fiscal year 1984 and thereafter, no Road
4683-Fund monies shall be appropriated to any Department or agency
4684-of State government for administration, grants, or operations
4685-except as provided hereafter; but this limitation is not a
4686-restriction upon appropriating for those purposes any Road
4687-Fund monies that are eligible for federal reimbursement. It
4688-shall not be lawful to circumvent the above appropriation
4689-limitations by governmental reorganization or other methods.
4690-Appropriations shall be made from the Road Fund only in
4691-accordance with the provisions of this Section.
4692-Money in the Road Fund shall, if and when the State of
4693-Illinois incurs any bonded indebtedness for the construction
4694-of permanent highways, be set aside and used for the purpose of
4695-paying and discharging during each fiscal year the principal
4696-
4697-
4698-and interest on that bonded indebtedness as it becomes due and
4699-payable as provided in the Transportation Bond Act, and for no
4700-other purpose. The surplus, if any, in the Road Fund after the
4701-payment of principal and interest on that bonded indebtedness
4702-then annually due shall be used as follows:
4703-first -- to pay the cost of administration of Chapters
4704-2 through 10 of the Illinois Vehicle Code; and
4705-secondly -- no Road Fund monies derived from fees,
4706-excises, or license taxes relating to registration,
4707-operation and use of vehicles on public highways or to
4708-fuels used for the propulsion of those vehicles, shall be
4709-appropriated or expended other than for costs of
4710-administering the laws imposing those fees, excises, and
4711-license taxes, statutory refunds and adjustments allowed
4712-thereunder, administrative costs of the Department of
4713-Transportation, including, but not limited to, the
4714-operating expenses of the Department relating to the
4715-administration of public transportation programs, payment
4716-of debts and liabilities incurred in construction and
4717-reconstruction of public highways and bridges, acquisition
4718-of rights-of-way for and the cost of construction,
4719-reconstruction, maintenance, repair, and operation of
4720-public highways and bridges under the direction and
4721-supervision of the State, political subdivision, or
4722-municipality collecting those monies, or during fiscal
4723-year 2023 for the purposes of a grant not to exceed
4724-
4725-
4726-$8,394,800 to the Regional Transportation Authority on
4727-behalf of PACE for the purpose of ADA/Para-transit
4728-expenses, or during fiscal year 2024 for the purposes of a
4729-grant not to exceed $9,108,400 to the Regional
4730-Transportation Authority on behalf of PACE for the purpose
4731-of ADA/Para-transit expenses, or during fiscal year 2025
4732-for the purposes of a grant not to exceed $10,020,000 to
4733-the Regional Transportation Authority on behalf of PACE
4734-for the purpose of ADA/Para-transit expenses, and the
4735-costs for patrolling and policing the public highways (by
4736-the State, political subdivision, or municipality
4737-collecting that money) for enforcement of traffic laws.
4738-The separation of grades of such highways with railroads
4739-and costs associated with protection of at-grade highway
4740-and railroad crossing shall also be permissible.
4741-Appropriations for any of such purposes are payable from
4742-the Road Fund or the Grade Crossing Protection Fund as
4743-provided in Section 8 of the Motor Fuel Tax Law.
4744-Except as provided in this paragraph, beginning with
4745-fiscal year 1991 and thereafter, no Road Fund monies shall be
4746-appropriated to the Illinois State Police for the purposes of
4747-this Section in excess of its total fiscal year 1990 Road Fund
4748-appropriations for those purposes unless otherwise provided in
4749-Section 5g of this Act. For fiscal years 2003, 2004, 2005,
4750-2006, and 2007 only, no Road Fund monies shall be appropriated
4751-to the Department of State Police for the purposes of this
4752-
4753-
4754-Section in excess of $97,310,000. For fiscal year 2008 only,
4755-no Road Fund monies shall be appropriated to the Department of
4756-State Police for the purposes of this Section in excess of
4757-$106,100,000. For fiscal year 2009 only, no Road Fund monies
4758-shall be appropriated to the Department of State Police for
4759-the purposes of this Section in excess of $114,700,000.
4760-Beginning in fiscal year 2010, no Road Fund road fund moneys
4761-shall be appropriated to the Illinois State Police. It shall
4762-not be lawful to circumvent this limitation on appropriations
4763-by governmental reorganization or other methods unless
4764-otherwise provided in Section 5g of this Act.
4765-In fiscal year 1994, no Road Fund monies shall be
4766-appropriated to the Secretary of State for the purposes of
4767-this Section in excess of the total fiscal year 1991 Road Fund
4768-appropriations to the Secretary of State for those purposes,
4769-plus $9,800,000. It shall not be lawful to circumvent this
4770-limitation on appropriations by governmental reorganization or
4771-other method.
4772-Beginning with fiscal year 1995 and thereafter, no Road
4773-Fund monies shall be appropriated to the Secretary of State
4774-for the purposes of this Section in excess of the total fiscal
4775-year 1994 Road Fund appropriations to the Secretary of State
4776-for those purposes. It shall not be lawful to circumvent this
4777-limitation on appropriations by governmental reorganization or
4778-other methods.
4779-Beginning with fiscal year 2000, total Road Fund
4780-
4781-
4782-appropriations to the Secretary of State for the purposes of
4783-this Section shall not exceed the amounts specified for the
4784-following fiscal years:
4785-Fiscal Year 2000$80,500,000; Fiscal Year 2001$80,500,000; Fiscal Year 2002$80,500,000; Fiscal Year 2003$130,500,000; Fiscal Year 2004$130,500,000; Fiscal Year 2005$130,500,000; Fiscal Year 2006 $130,500,000; Fiscal Year 2007 $130,500,000; Fiscal Year 2008$130,500,000; Fiscal Year 2009 $130,500,000. Fiscal Year 2000 $80,500,000; Fiscal Year 2001 $80,500,000; Fiscal Year 2002 $80,500,000; Fiscal Year 2003 $130,500,000; Fiscal Year 2004 $130,500,000; Fiscal Year 2005 $130,500,000; Fiscal Year 2006 $130,500,000; Fiscal Year 2007 $130,500,000; Fiscal Year 2008 $130,500,000; Fiscal Year 2009 $130,500,000.
4786-Fiscal Year 2000 $80,500,000;
4787-Fiscal Year 2001 $80,500,000;
4788-Fiscal Year 2002 $80,500,000;
4789-Fiscal Year 2003 $130,500,000;
4790-Fiscal Year 2004 $130,500,000;
4791-Fiscal Year 2005 $130,500,000;
4792-Fiscal Year 2006 $130,500,000;
4793-Fiscal Year 2007 $130,500,000;
4794-Fiscal Year 2008 $130,500,000;
4795-Fiscal Year 2009 $130,500,000.
4796-For fiscal year 2010, no road fund moneys shall be
4797-appropriated to the Secretary of State.
4798-Beginning in fiscal year 2011, moneys in the Road Fund
4799-shall be appropriated to the Secretary of State for the
4800-exclusive purpose of paying refunds due to overpayment of fees
4801-related to Chapter 3 of the Illinois Vehicle Code unless
4802-otherwise provided for by law.
4803-Beginning in fiscal year 2025, moneys in the Road Fund may
4804-be appropriated to the Environmental Protection Agency for the
4805-exclusive purpose of making deposits into the Electric Vehicle
4806-Rebate Fund, subject to appropriation, to be used for purposes
4807-consistent with Section 11 of Article IX of the Illinois
4808-Constitution.
4809-
4810-
4811-Fiscal Year 2000 $80,500,000;
4812-Fiscal Year 2001 $80,500,000;
4813-Fiscal Year 2002 $80,500,000;
4814-Fiscal Year 2003 $130,500,000;
4815-Fiscal Year 2004 $130,500,000;
4816-Fiscal Year 2005 $130,500,000;
4817-Fiscal Year 2006 $130,500,000;
4818-Fiscal Year 2007 $130,500,000;
4819-Fiscal Year 2008 $130,500,000;
4820-Fiscal Year 2009 $130,500,000.
4821-
4822-
4823-It shall not be lawful to circumvent this limitation on
4824-appropriations by governmental reorganization or other
4825-methods.
4826-No new program may be initiated in fiscal year 1991 and
4827-thereafter that is not consistent with the limitations imposed
4828-by this Section for fiscal year 1984 and thereafter, insofar
4829-as appropriation of Road Fund monies is concerned.
4830-Nothing in this Section prohibits transfers from the Road
4831-Fund to the State Construction Account Fund under Section 5e
4832-of this Act; nor to the General Revenue Fund, as authorized by
4833-Public Act 93-25.
4834-The additional amounts authorized for expenditure in this
4835-Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
4836-shall be repaid to the Road Fund from the General Revenue Fund
4837-in the next succeeding fiscal year that the General Revenue
4838-Fund has a positive budgetary balance, as determined by
4839-generally accepted accounting principles applicable to
4840-government.
4841-The additional amounts authorized for expenditure by the
4842-Secretary of State and the Department of State Police in this
4843-Section by Public Act 94-91 shall be repaid to the Road Fund
4844-from the General Revenue Fund in the next succeeding fiscal
4845-year that the General Revenue Fund has a positive budgetary
4846-balance, as determined by generally accepted accounting
4847-principles applicable to government.
4848-(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
4849-
4850-
4851-102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.
4852-6-7-23; 103-34, eff. 1-1-24; revised 12-12-23.)
4853-(30 ILCS 105/8.12) (from Ch. 127, par. 144.12)
4854-Sec. 8.12. State Pensions Fund.
4855-(a) The moneys in the State Pensions Fund shall be used
4856-exclusively for the administration of the Revised Uniform
4857-Unclaimed Property Act and for the expenses incurred by the
4858-Auditor General for administering the provisions of Section
4859-2-8.1 of the Illinois State Auditing Act and for operational
4860-expenses of the Office of the State Treasurer and for the
4861-funding of the unfunded liabilities of the designated
4862-retirement systems. For the purposes of this Section,
4863-"operational expenses of the Office of the State Treasurer"
4864-includes the acquisition of land and buildings in State fiscal
4865-years 2019 and 2020 for use by the Office of the State
4866-Treasurer, as well as construction, reconstruction,
4867-improvement, repair, and maintenance, in accordance with the
4868-provisions of laws relating thereto, of such lands and
4869-buildings beginning in State fiscal year 2019 and thereafter.
4870-Beginning in State fiscal year 2026 2025, payments to the
4871-designated retirement systems under this Section shall be in
4872-addition to, and not in lieu of, any State contributions
4873-required under the Illinois Pension Code.
4874-"Designated retirement systems" means:
4875-(1) the State Employees' Retirement System of
4876-
4877-
4878-Illinois;
4879-(2) the Teachers' Retirement System of the State of
4880-Illinois;
4881-(3) the State Universities Retirement System;
4882-(4) the Judges Retirement System of Illinois; and
4883-(5) the General Assembly Retirement System.
4884-(b) Each year the General Assembly may make appropriations
4885-from the State Pensions Fund for the administration of the
4886-Revised Uniform Unclaimed Property Act.
4887-(c) (Blank).
4888-(c-5) For fiscal years 2006 through 2025 2024, the General
4889-Assembly shall appropriate from the State Pensions Fund to the
4890-State Universities Retirement System the amount estimated to
4891-be available during the fiscal year in the State Pensions
4892-Fund; provided, however, that the amounts appropriated under
4893-this subsection (c-5) shall not reduce the amount in the State
4894-Pensions Fund below $5,000,000.
4895-(c-6) For fiscal year 2026 2025 and each fiscal year
4896-thereafter, as soon as may be practical after any money is
4897-deposited into the State Pensions Fund from the Unclaimed
4898-Property Trust Fund, the State Treasurer shall apportion the
4899-deposited amount among the designated retirement systems as
4900-defined in subsection (a) to reduce their actuarial reserve
4901-deficiencies. The State Comptroller and State Treasurer shall
4902-pay the apportioned amounts to the designated retirement
4903-systems to fund the unfunded liabilities of the designated
4904-
4905-
4906-retirement systems. The amount apportioned to each designated
4907-retirement system shall constitute a portion of the amount
4908-estimated to be available for appropriation from the State
4909-Pensions Fund that is the same as that retirement system's
4910-portion of the total actual reserve deficiency of the systems,
4911-as determined annually by the Governor's Office of Management
4912-and Budget at the request of the State Treasurer. The amounts
4913-apportioned under this subsection shall not reduce the amount
4914-in the State Pensions Fund below $5,000,000.
4915-(d) The Governor's Office of Management and Budget shall
4916-determine the individual and total reserve deficiencies of the
4917-designated retirement systems. For this purpose, the
4918-Governor's Office of Management and Budget shall utilize the
4919-latest available audit and actuarial reports of each of the
4920-retirement systems and the relevant reports and statistics of
4921-the Public Employee Pension Fund Division of the Department of
4922-Insurance.
4923-(d-1) (Blank).
4924-(e) The changes to this Section made by Public Act 88-593
4925-shall first apply to distributions from the Fund for State
4926-fiscal year 1996.
4927-(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
4928-103-8, eff. 6-7-23.)
4929-(30 ILCS 105/8g-1)
4930-Sec. 8g-1. Fund transfers.
4931-
4932-
4933-(a) (Blank).
4934-(b) (Blank).
4935-(c) (Blank).
4936-(d) (Blank).
4937-(e) (Blank).
4938-(f) (Blank).
4939-(g) (Blank).
4940-(h) (Blank).
4941-(i) (Blank).
4942-(j) (Blank).
4943-(k) (Blank).
4944-(l) (Blank).
4945-(m) (Blank).
4946-(n) (Blank).
4947-(o) (Blank).
4948-(p) (Blank).
4949-(q) (Blank).
4950-(r) (Blank).
4951-(s) (Blank).
4952-(t) (Blank).
4953-(u) (Blank). In addition to any other transfers that may
4954-be provided for by law, on July 1, 2021, or as soon thereafter
4955-as practical, only as directed by the Director of the
4956-Governor's Office of Management and Budget, the State
4957-Comptroller shall direct and the State Treasurer shall
4958-transfer the sum of $5,000,000 from the General Revenue Fund
4959-
4960-
4961-to the DoIT Special Projects Fund, and on June 1, 2022, or as
4962-soon thereafter as practical, but no later than June 30, 2022,
4963-the State Comptroller shall direct and the State Treasurer
4964-shall transfer the sum so transferred from the DoIT Special
4965-Projects Fund to the General Revenue Fund.
4966-(v) (Blank). In addition to any other transfers that may
4967-be provided for by law, on July 1, 2021, or as soon thereafter
4968-as practical, the State Comptroller shall direct and the State
4969-Treasurer shall transfer the sum of $500,000 from the General
4970-Revenue Fund to the Governor's Administrative Fund.
4971-(w) (Blank). In addition to any other transfers that may
4972-be provided for by law, on July 1, 2021, or as soon thereafter
4973-as practical, the State Comptroller shall direct and the State
4974-Treasurer shall transfer the sum of $500,000 from the General
4975-Revenue Fund to the Grant Accountability and Transparency
4976-Fund.
4977-(x) (Blank). In addition to any other transfers that may
4978-be provided for by law, at a time or times during Fiscal Year
4979-2022 as directed by the Governor, the State Comptroller shall
4980-direct and the State Treasurer shall transfer up to a total of
4981-$20,000,000 from the General Revenue Fund to the Illinois
4982-Sports Facilities Fund to be credited to the Advance Account
4983-within the Fund.
4984-(y) (Blank). In addition to any other transfers that may
4985-be provided for by law, on June 15, 2021, or as soon thereafter
4986-as practical, but no later than June 30, 2021, the State
4987-
4988-
4989-Comptroller shall direct and the State Treasurer shall
4990-transfer the sum of $100,000,000 from the General Revenue Fund
4991-to the Technology Management Revolving Fund.
4992-(z) (Blank). In addition to any other transfers that may
4993-be provided for by law, on April 19, 2022 (the effective date
4994-of Public Act 102-699), or as soon thereafter as practical,
4995-but no later than June 30, 2022, the State Comptroller shall
4996-direct and the State Treasurer shall transfer the sum of
4997-$148,000,000 from the General Revenue Fund to the Build
4998-Illinois Bond Fund.
4999-(aa) (Blank). In addition to any other transfers that may
5000-be provided for by law, on April 19, 2022 (the effective date
5001-of Public Act 102-699), or as soon thereafter as practical,
5002-but no later than June 30, 2022, the State Comptroller shall
5003-direct and the State Treasurer shall transfer the sum of
5004-$180,000,000 from the General Revenue Fund to the Rebuild
5005-Illinois Projects Fund.
5006-(bb) (Blank). In addition to any other transfers that may
5007-be provided for by law, on July 1, 2022, or as soon thereafter
5008-as practical, the State Comptroller shall direct and the State
5009-Treasurer shall transfer the sum of $500,000 from the General
5010-Revenue Fund to the Governor's Administrative Fund.
5011-(cc) (Blank). In addition to any other transfers that may
5012-be provided for by law, on July 1, 2022, or as soon thereafter
5013-as practical, the State Comptroller shall direct and the State
5014-Treasurer shall transfer the sum of $500,000 from the General
5015-
5016-
5017-Revenue Fund to the Grant Accountability and Transparency
5018-Fund.
5019-(dd) (Blank). In addition to any other transfers that may
5020-be provided by law, on April 19, 2022 (the effective date of
5021-Public Act 102-700), or as soon thereafter as practical, but
5022-no later than June 30, 2022, the State Comptroller shall
5023-direct and the State Treasurer shall transfer the sum of
5024-$685,000,000 from the General Revenue Fund to the Income Tax
5025-Refund Fund. Moneys from this transfer shall be used for the
5026-purpose of making the one-time rebate payments provided under
5027-Section 212.1 of the Illinois Income Tax Act.
5028-(ee) (Blank). In addition to any other transfers that may
5029-be provided by law, beginning on April 19, 2022 (the effective
5030-date of Public Act 102-700) and until December 31, 2023, at the
5031-direction of the Department of Revenue, the State Comptroller
5032-shall direct and the State Treasurer shall transfer from the
5033-General Revenue Fund to the Income Tax Refund Fund any amounts
5034-needed beyond the amounts transferred in subsection (dd) to
5035-make payments of the one-time rebate payments provided under
5036-Section 212.1 of the Illinois Income Tax Act.
5037-(ff) (Blank). In addition to any other transfers that may
5038-be provided for by law, on April 19, 2022 (the effective date
5039-of Public Act 102-700), or as soon thereafter as practical,
5040-but no later than June 30, 2022, the State Comptroller shall
5041-direct and the State Treasurer shall transfer the sum of
5042-$720,000,000 from the General Revenue Fund to the Budget
5043-
5044-
5045-Stabilization Fund.
5046-(gg) (Blank). In addition to any other transfers that may
5047-be provided for by law, on July 1, 2022, or as soon thereafter
5048-as practical, the State Comptroller shall direct and the State
5049-Treasurer shall transfer the sum of $280,000,000 from the
5050-General Revenue Fund to the Budget Stabilization Fund.
5051-(hh) (Blank). In addition to any other transfers that may
5052-be provided for by law, on July 1, 2022, or as soon thereafter
5053-as practical, the State Comptroller shall direct and the State
5054-Treasurer shall transfer the sum of $200,000,000 from the
5055-General Revenue Fund to the Pension Stabilization Fund.
5056-(ii) (Blank). In addition to any other transfers that may
5057-be provided for by law, on January 1, 2023, or as soon
5058-thereafter as practical, the State Comptroller shall direct
5059-and the State Treasurer shall transfer the sum of $850,000,000
5060-from the General Revenue Fund to the Budget Stabilization
5061-Fund.
5062-(jj) (Blank). In addition to any other transfers that may
5063-be provided for by law, at a time or times during Fiscal Year
5064-2023 as directed by the Governor, the State Comptroller shall
5065-direct and the State Treasurer shall transfer up to a total of
5066-$400,000,000 from the General Revenue Fund to the Large
5067-Business Attraction Fund.
5068-(kk) (Blank). In addition to any other transfers that may
5069-be provided for by law, on January 1, 2023, or as soon
5070-thereafter as practical, the State Comptroller shall direct
5071-
5072-
5073-and the State Treasurer shall transfer the sum of $72,000,000
5074-from the General Revenue Fund to the Disaster Response and
5075-Recovery Fund.
5076-(ll) (Blank). In addition to any other transfers that may
5077-be provided for by law, on the effective date of the changes
5078-made to this Section by this amendatory Act of the 103rd
5079-General Assembly, or as soon thereafter as practical, but no
5080-later than June 30, 2023, the State Comptroller shall direct
5081-and the State Treasurer shall transfer the sum of $200,000,000
5082-from the General Revenue Fund to the Pension Stabilization
5083-Fund.
5084-(mm) In addition to any other transfers that may be
5085-provided for by law, beginning on the effective date of the
5086-changes made to this Section by this amendatory Act of the
5087-103rd General Assembly and until June 30, 2024, as directed by
5088-the Governor, the State Comptroller shall direct and the State
5089-Treasurer shall transfer up to a total of $1,500,000,000 from
5090-the General Revenue Fund to the State Coronavirus Urgent
5091-Remediation Emergency Fund.
5092-(nn) In addition to any other transfers that may be
5093-provided for by law, beginning on the effective date of the
5094-changes made to this Section by this amendatory Act of the
5095-103rd General Assembly and until June 30, 2024, as directed by
5096-the Governor, the State Comptroller shall direct and the State
5097-Treasurer shall transfer up to a total of $424,000,000 from
5098-the General Revenue Fund to the Build Illinois Bond Fund.
5099-
5100-
5101-(oo) In addition to any other transfers that may be
5102-provided for by law, on July 1, 2023, or as soon thereafter as
5103-practical, the State Comptroller shall direct and the State
5104-Treasurer shall transfer the sum of $500,000 from the General
5105-Revenue Fund to the Governor's Administrative Fund.
5106-(pp) In addition to any other transfers that may be
5107-provided for by law, on July 1, 2023, or as soon thereafter as
5108-practical, the State Comptroller shall direct and the State
5109-Treasurer shall transfer the sum of $500,000 from the General
5110-Revenue Fund to the Grant Accountability and Transparency
5111-Fund.
5112-(qq) In addition to any other transfers that may be
5113-provided for by law, beginning on the effective date of the
5114-changes made to this Section by this amendatory Act of the
5115-103rd General Assembly and until June 30, 2024, as directed by
5116-the Governor, the State Comptroller shall direct and the State
5117-Treasurer shall transfer up to a total of $350,000,000 from
5118-the General Revenue Fund to the Fund for Illinois' Future.
5119-(rr) In addition to any other transfers that may be
5120-provided for by law, on July 1, 2024, or as soon thereafter as
5121-practical, the State Comptroller shall direct and the State
5122-Treasurer shall transfer the sum of $500,000 from the General
5123-Revenue Fund to the Governor's Administrative Fund.
5124-(ss) In addition to any other transfers that may be
5125-provided for by law, on July 1, 2024, or as soon thereafter as
5126-practical, the State Comptroller shall direct and the State
5127-
5128-
5129-Treasurer shall transfer the sum of $500,000 from the General
5130-Revenue Fund to the Grant Accountability and Transparency
5131-Fund.
5132-(tt) In addition to any other transfers that may be
5133-provided for by law, on July 1, 2024, or as soon thereafter as
5134-practical, the State Comptroller shall direct and the State
5135-Treasurer shall transfer the sum of $25,000,000 from the
5136-Violent Crime Witness Protection Program Fund to the General
5137-Revenue Fund.
5138-(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
5139-102-700, Article 40, Section 40-5, eff. 4-19-22; 102-700,
5140-Article 80, Section 80-5, eff. 4-19-22; 102-1115, eff. 1-9-23;
5141-103-8, eff. 6-7-23.)
5142-(30 ILCS 105/12-2) (from Ch. 127, par. 148-2)
5143-Sec. 12-2. Travel Regulation Council; State travel
5144-reimbursement.
5145-(a) The chairmen of the travel control boards established
5146-by Section 12-1, or their designees, shall together comprise
5147-the Travel Regulation Council. The Travel Regulation Council
5148-shall be chaired by the Director of Central Management
5149-Services, who shall be a nonvoting member of the Council,
5150-unless he is otherwise qualified to vote by virtue of being the
5151-designee of a voting member. No later than March 1, 1986, and
5152-at least biennially thereafter, the Council shall adopt State
5153-Travel Regulations and Reimbursement Rates which shall be
5154-
5155-
5156-applicable to all personnel subject to the jurisdiction of the
5157-travel control boards established by Section 12-1. An
5158-affirmative vote of a majority of the members of the Council
5159-shall be required to adopt regulations and reimbursement
5160-rates. If the Council fails to adopt regulations by March 1 of
5161-any odd-numbered year, the Director of Central Management
5162-Services shall adopt emergency regulations and reimbursement
5163-rates pursuant to the Illinois Administrative Procedure Act.
5164-As soon as practicable after January 23, 2023 (the effective
5165-date of Public Act 102-1119) this amendatory Act of the 102nd
5166-General Assembly, the Travel Regulation Council and the Higher
5167-Education Travel Control Board shall adopt amendments to their
5168-existing rules to ensure that reimbursement rates for public
5169-institutions of higher education, as defined in Section 1-13
5170-of the Illinois Procurement Code, are set in accordance with
5171-the requirements of subsection (f) of this Section.
5172-(b) (Blank).
5173-(c) (Blank).
5174-(d) Reimbursements to travelers shall be made pursuant to
5175-the rates and regulations applicable to the respective State
5176-agency as of January 1, 1986 (the effective date of Public Act
5177-84-345) this amendatory Act, until the State Travel
5178-Regulations and Reimbursement Rates established by this
5179-Section are adopted and effective.
5180-(e) (Blank).
5181-(f) (f) Notwithstanding any rule or law to the contrary,
5182-
5183-
5184-State travel reimbursement rates for lodging and mileage for
5185-automobile travel, as well as allowances for meals, shall be
5186-set at the maximum rates established by the federal government
5187-for travel expenses, subsistence expenses, and mileage
5188-allowances under 5 U.S.C. 5701 through 5711 and any
5189-regulations promulgated thereunder. If the rates set under
5190-federal regulations increase or decrease during the course of
5191-the State's fiscal year, the effective date of the new rate
5192-shall be the effective date of the change in the federal rate.
5193-(g) Notwithstanding any other provision of this Section,
5194-the Council may provide, by rule, for alternative methods of
5195-determining the appropriate reimbursement rate for a
5196-traveler's subsistence expenses based upon the length of
5197-travel, as well as the embarkation point and destination.
5198-(Source: P.A. 102-1119, eff. 1-23-23; 103-8, eff. 1-1-24;
5199-revised 1-2-24.)
5200-(30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
5201-Sec. 13.2. Transfers among line item appropriations.
5202-(a) Transfers among line item appropriations from the same
5203-treasury fund for the objects specified in this Section may be
5204-made in the manner provided in this Section when the balance
5205-remaining in one or more such line item appropriations is
5206-insufficient for the purpose for which the appropriation was
5207-made.
5208-(a-1) No transfers may be made from one agency to another
5209-
5210-
5211-agency, nor may transfers be made from one institution of
5212-higher education to another institution of higher education
5213-except as provided by subsection (a-4).
5214-(a-2) Except as otherwise provided in this Section,
5215-transfers may be made only among the objects of expenditure
5216-enumerated in this Section, except that no funds may be
5217-transferred from any appropriation for personal services, from
5218-any appropriation for State contributions to the State
5219-Employees' Retirement System, from any separate appropriation
5220-for employee retirement contributions paid by the employer,
5221-nor from any appropriation for State contribution for employee
5222-group insurance.
5223-(a-2.5) (Blank).
5224-(a-3) Further, if an agency receives a separate
5225-appropriation for employee retirement contributions paid by
5226-the employer, any transfer by that agency into an
5227-appropriation for personal services must be accompanied by a
5228-corresponding transfer into the appropriation for employee
5229-retirement contributions paid by the employer, in an amount
5230-sufficient to meet the employer share of the employee
5231-contributions required to be remitted to the retirement
5232-system.
5233-(a-4) Long-Term Care Rebalancing. The Governor may
5234-designate amounts set aside for institutional services
5235-appropriated from the General Revenue Fund or any other State
5236-fund that receives monies for long-term care services to be
5237-
5238-
5239-transferred to all State agencies responsible for the
5240-administration of community-based long-term care programs,
5241-including, but not limited to, community-based long-term care
5242-programs administered by the Department of Healthcare and
5243-Family Services, the Department of Human Services, and the
5244-Department on Aging, provided that the Director of Healthcare
5245-and Family Services first certifies that the amounts being
5246-transferred are necessary for the purpose of assisting persons
5247-in or at risk of being in institutional care to transition to
5248-community-based settings, including the financial data needed
5249-to prove the need for the transfer of funds. The total amounts
5250-transferred shall not exceed 4% in total of the amounts
5251-appropriated from the General Revenue Fund or any other State
5252-fund that receives monies for long-term care services for each
5253-fiscal year. A notice of the fund transfer must be made to the
5254-General Assembly and posted at a minimum on the Department of
5255-Healthcare and Family Services website, the Governor's Office
5256-of Management and Budget website, and any other website the
5257-Governor sees fit. These postings shall serve as notice to the
5258-General Assembly of the amounts to be transferred. Notice
5259-shall be given at least 30 days prior to transfer.
5260-(b) In addition to the general transfer authority provided
5261-under subsection (c), the following agencies have the specific
5262-transfer authority granted in this subsection:
5263-The Department of Healthcare and Family Services is
5264-authorized to make transfers representing savings attributable
5265-
5266-
5267-to not increasing grants due to the births of additional
5268-children from line items for payments of cash grants to line
5269-items for payments for employment and social services for the
5270-purposes outlined in subsection (f) of Section 4-2 of the
5271-Illinois Public Aid Code.
5272-The Department of Children and Family Services is
5273-authorized to make transfers not exceeding 2% of the aggregate
5274-amount appropriated to it within the same treasury fund for
5275-the following line items among these same line items: Foster
5276-Home and Specialized Foster Care and Prevention, Institutions
5277-and Group Homes and Prevention, and Purchase of Adoption and
5278-Guardianship Services.
5279-The Department on Aging is authorized to make transfers
5280-not exceeding 10% of the aggregate amount appropriated to it
5281-within the same treasury fund for the following Community Care
5282-Program line items among these same line items: purchase of
5283-services covered by the Community Care Program and
5284-Comprehensive Case Coordination.
5285-The State Board of Education is authorized to make
5286-transfers from line item appropriations within the same
5287-treasury fund for General State Aid, General State Aid - Hold
5288-Harmless, and Evidence-Based Funding, provided that no such
5289-transfer may be made unless the amount transferred is no
5290-longer required for the purpose for which that appropriation
5291-was made, to the line item appropriation for Transitional
5292-Assistance when the balance remaining in such line item
5293-
5294-
5295-appropriation is insufficient for the purpose for which the
5296-appropriation was made.
5297-The State Board of Education is authorized to make
5298-transfers between the following line item appropriations
5299-within the same treasury fund: Disabled Student
5300-Services/Materials (Section 14-13.01 of the School Code),
5301-Disabled Student Transportation Reimbursement (Section
5302-14-13.01 of the School Code), Disabled Student Tuition -
5303-Private Tuition (Section 14-7.02 of the School Code),
5304-Extraordinary Special Education (Section 14-7.02b of the
5305-School Code), Reimbursement for Free Lunch/Breakfast Program,
5306-Summer School Payments (Section 18-4.3 of the School Code),
5307-and Transportation - Regular/Vocational Reimbursement (Section
5308-29-5 of the School Code). Such transfers shall be made only
5309-when the balance remaining in one or more such line item
5310-appropriations is insufficient for the purpose for which the
5311-appropriation was made and provided that no such transfer may
5312-be made unless the amount transferred is no longer required
5313-for the purpose for which that appropriation was made.
5314-The Department of Healthcare and Family Services is
5315-authorized to make transfers not exceeding 4% of the aggregate
5316-amount appropriated to it, within the same treasury fund,
5317-among the various line items appropriated for Medical
5318-Assistance.
5319-The Department of Central Management Services is
5320-authorized to make transfers not exceeding 2% of the aggregate
5321-
5322-
5323-amount appropriated to it, within the same treasury fund, from
5324-the various line items appropriated to the Department, into
5325-the following line item appropriations: auto liability claims
5326-and related expenses and payment of claims under the State
5327-Employee Indemnification Act.
5328-(c) The sum of such transfers for an agency in a fiscal
5329-year shall not exceed 2% of the aggregate amount appropriated
5330-to it within the same treasury fund for the following objects:
5331-Personal Services; Extra Help; Student and Inmate
5332-Compensation; State Contributions to Retirement Systems; State
5333-Contributions to Social Security; State Contribution for
5334-Employee Group Insurance; Contractual Services; Travel;
5335-Commodities; Printing; Equipment; Electronic Data Processing;
5336-Operation of Automotive Equipment; Telecommunications
5337-Services; Travel and Allowance for Committed, Paroled and
5338-Discharged Prisoners; Library Books; Federal Matching Grants
5339-for Student Loans; Refunds; Workers' Compensation,
5340-Occupational Disease, and Tort Claims; Late Interest Penalties
5341-under the State Prompt Payment Act and Sections 368a and 370a
5342-of the Illinois Insurance Code; and, in appropriations to
5343-institutions of higher education, Awards and Grants.
5344-Notwithstanding the above, any amounts appropriated for
5345-payment of workers' compensation claims to an agency to which
5346-the authority to evaluate, administer and pay such claims has
5347-been delegated by the Department of Central Management
5348-Services may be transferred to any other expenditure object
5349-
5350-
5351-where such amounts exceed the amount necessary for the payment
5352-of such claims.
5353-(c-1) (Blank).
5354-(c-2) (Blank).
5355-(c-3) (Blank).
5356-(c-4) (Blank).
5357-(c-5) (Blank).
5358-(c-6) (Blank).
5359-(c-7) (Blank).
5360-(c-8) (Blank).
5361-(c-9) (Blank). Special provisions for State fiscal year
5362-2023. Notwithstanding any other provision of this Section, for
5363-State fiscal year 2023, transfers among line item
5364-appropriations to a State agency from the same State treasury
5365-fund may be made for operational or lump sum expenses only,
5366-provided that the sum of such transfers for a State agency in
5367-State fiscal year 2023 shall not exceed 4% of the aggregate
5368-amount appropriated to that State agency for operational or
5369-lump sum expenses for State fiscal year 2023. For the purpose
5370-of this subsection, "operational or lump sum expenses"
5371-includes the following objects: personal services; extra help;
5372-student and inmate compensation; State contributions to
5373-retirement systems; State contributions to social security;
5374-State contributions for employee group insurance; contractual
5375-services; travel; commodities; printing; equipment; electronic
5376-data processing; operation of automotive equipment;
5377-
5378-
5379-telecommunications services; travel and allowance for
5380-committed, paroled, and discharged prisoners; library books;
5381-federal matching grants for student loans; refunds; workers'
5382-compensation, occupational disease, and tort claims; late
5383-interest penalties under the State Prompt Payment Act and
5384-Sections 368a and 370a of the Illinois Insurance Code; lump
5385-sum and other purposes; and lump sum operations. For the
5386-purpose of this subsection, "State agency" does not include
5387-the Attorney General, the Secretary of State, the Comptroller,
5388-the Treasurer, or the judicial or legislative branches.
5389-(c-10) Special provisions for State fiscal year 2024.
5390-Notwithstanding any other provision of this Section, for State
5391-fiscal year 2024, transfers among line item appropriations to
5392-a State agency from the same State treasury fund may be made
5393-for operational or lump sum expenses only, provided that the
5394-sum of such transfers for a State agency in State fiscal year
5395-2024 shall not exceed 8% of the aggregate amount appropriated
5396-to that State agency for operational or lump sum expenses for
5397-State fiscal year 2024. For the purpose of this subsection,
5398-"operational or lump sum expenses" includes the following
5399-objects: personal services; extra help; student and inmate
5400-compensation; State contributions to retirement systems; State
5401-contributions to social security; State contributions for
5402-employee group insurance; contractual services; travel;
5403-commodities; printing; equipment; electronic data processing;
5404-operation of automotive equipment; telecommunications
5405-
5406-
5407-services; travel and allowance for committed, paroled, and
5408-discharged prisoners; library books; federal matching grants
5409-for student loans; refunds; workers' compensation,
5410-occupational disease, and tort claims; late interest penalties
5411-under the State Prompt Payment Act and Sections 368a and 370a
5412-of the Illinois Insurance Code; lump sum and other purposes;
5413-and lump sum operations. For the purpose of this subsection,
5414-"State agency" does not include the Attorney General, the
5415-Secretary of State, the Comptroller, the Treasurer, or the
5416-judicial or legislative branches.
5417-(c-11) Special provisions for State fiscal year 2025.
5418-Notwithstanding any other provision of this Section, for State
5419-fiscal year 2025, transfers among line item appropriations to
5420-a State agency from the same State treasury fund may be made
5421-for operational or lump sum expenses only, provided that the
5422-sum of such transfers for a State agency in State fiscal year
5423-2025 shall not exceed 4% of the aggregate amount appropriated
5424-to that State agency for operational or lump sum expenses for
5425-State fiscal year 2025. For the purpose of this subsection,
5426-"operational or lump sum expenses" includes the following
5427-objects: personal services; extra help; student and inmate
5428-compensation; State contributions to retirement systems; State
5429-contributions to social security; State contributions for
5430-employee group insurance; contractual services; travel;
5431-commodities; printing; equipment; electronic data processing;
5432-operation of automotive equipment; telecommunications
5433-
5434-
5435-services; travel and allowance for committed, paroled, and
5436-discharged prisoners; library books; federal matching grants
5437-for student loans; refunds; workers' compensation,
5438-occupational disease, and tort claims; late interest penalties
5439-under the State Prompt Payment Act and Sections 368a and 370a
5440-of the Illinois Insurance Code; lump sum and other purposes;
5441-and lump sum operations. For the purpose of this subsection,
5442-"State agency" does not include the Attorney General, the
5443-Comptroller, the Treasurer, or the judicial or legislative
5444-branches.
5445-(d) Transfers among appropriations made to agencies of the
5446-Legislative and Judicial departments and to the
5447-constitutionally elected officers in the Executive branch
5448-require the approval of the officer authorized in Section 10
5449-of this Act to approve and certify vouchers. Transfers among
5450-appropriations made to the University of Illinois, Southern
5451-Illinois University, Chicago State University, Eastern
5452-Illinois University, Governors State University, Illinois
5453-State University, Northeastern Illinois University, Northern
5454-Illinois University, Western Illinois University, the Illinois
5455-Mathematics and Science Academy and the Board of Higher
5456-Education require the approval of the Board of Higher
5457-Education and the Governor. Transfers among appropriations to
5458-all other agencies require the approval of the Governor.
5459-The officer responsible for approval shall certify that
5460-the transfer is necessary to carry out the programs and
5461-
5462-
5463-purposes for which the appropriations were made by the General
5464-Assembly and shall transmit to the State Comptroller a
5465-certified copy of the approval which shall set forth the
5466-specific amounts transferred so that the Comptroller may
5467-change his records accordingly. The Comptroller shall furnish
5468-the Governor with information copies of all transfers approved
5469-for agencies of the Legislative and Judicial departments and
5470-transfers approved by the constitutionally elected officials
5471-of the Executive branch other than the Governor, showing the
5472-amounts transferred and indicating the dates such changes were
5473-entered on the Comptroller's records.
5474-(e) The State Board of Education, in consultation with the
5475-State Comptroller, may transfer line item appropriations for
5476-General State Aid or Evidence-Based Funding among the Common
5477-School Fund and the Education Assistance Fund, and, for State
5478-fiscal year 2020 and each fiscal year thereafter, the Fund for
5479-the Advancement of Education. With the advice and consent of
5480-the Governor's Office of Management and Budget, the State
5481-Board of Education, in consultation with the State
5482-Comptroller, may transfer line item appropriations between the
5483-General Revenue Fund and the Education Assistance Fund for the
5484-following programs:
5485-(1) Disabled Student Personnel Reimbursement (Section
5486-14-13.01 of the School Code);
5487-(2) Disabled Student Transportation Reimbursement
5488-(subsection (b) of Section 14-13.01 of the School Code);
5489-
5490-
5491-(3) Disabled Student Tuition - Private Tuition
5492-(Section 14-7.02 of the School Code);
5493-(4) Extraordinary Special Education (Section 14-7.02b
5494-of the School Code);
5495-(5) Reimbursement for Free Lunch/Breakfast Programs;
5496-(6) Summer School Payments (Section 18-4.3 of the
5497-School Code);
5498-(7) Transportation - Regular/Vocational Reimbursement
5499-(Section 29-5 of the School Code);
5500-(8) Regular Education Reimbursement (Section 18-3 of
5501-the School Code); and
5502-(9) Special Education Reimbursement (Section 14-7.03
5503-of the School Code).
5504-(f) For State fiscal year 2020 and each fiscal year
5505-thereafter, the Department on Aging, in consultation with the
5506-State Comptroller, with the advice and consent of the
5507-Governor's Office of Management and Budget, may transfer line
5508-item appropriations for purchase of services covered by the
5509-Community Care Program between the General Revenue Fund and
5510-the Commitment to Human Services Fund.
5511-(g) For State fiscal year 2024 and each fiscal year
5512-thereafter, if requested by an agency chief executive officer
5513-and authorized and approved by the Comptroller, the
5514-Comptroller may direct and the Treasurer shall transfer funds
5515-from the General Revenue Fund to fund payroll expenses that
5516-meet the payroll transaction exception criteria as defined by
5517-
5518-
5519-the Comptroller in the Statewide Accounting Management System
5520-(SAMS) Manual. The agency shall then transfer these funds back
5521-to the General Revenue Fund within 7 days.
5522-(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
5523-103-8, eff. 6-7-23.)
5524-Section 5-35. The State Revenue Sharing Act is amended by
5525-changing Section 12 as follows:
5526-(30 ILCS 115/12) (from Ch. 85, par. 616)
5527-Sec. 12. Personal Property Tax Replacement Fund. There is
5528-hereby created the Personal Property Tax Replacement Fund, a
5529-special fund in the State Treasury into which shall be paid all
5530-revenue realized:
5531-(a) all amounts realized from the additional personal
5532-property tax replacement income tax imposed by subsections
5533-(c) and (d) of Section 201 of the Illinois Income Tax Act,
5534-except for those amounts deposited into the Income Tax
5535-Refund Fund pursuant to subsection (c) of Section 901 of
5536-the Illinois Income Tax Act; and
5537-(b) all amounts realized from the additional personal
5538-property replacement invested capital taxes imposed by
5539-Section 2a.1 of the Messages Tax Act, Section 2a.1 of the
5540-Gas Revenue Tax Act, Section 2a.1 of the Public Utilities
5541-Revenue Act, and Section 3 of the Water Company Invested
5542-Capital Tax Act, and amounts payable to the Department of
5543-
5544-
5545-Revenue under the Telecommunications Infrastructure
5546-Maintenance Fee Act.
5547-As soon as may be after the end of each month, the
5548-Department of Revenue shall certify to the Treasurer and the
5549-Comptroller the amount of all refunds paid out of the General
5550-Revenue Fund through the preceding month on account of
5551-overpayment of liability on taxes paid into the Personal
5552-Property Tax Replacement Fund. Upon receipt of such
5553-certification, the Treasurer and the Comptroller shall
5554-transfer the amount so certified from the Personal Property
5555-Tax Replacement Fund into the General Revenue Fund.
5556-The payments of revenue into the Personal Property Tax
5557-Replacement Fund shall be used exclusively for distribution to
5558-taxing districts, regional offices and officials, and local
5559-officials as provided in this Section and in the School Code,
5560-payment of the ordinary and contingent expenses of the
5561-Property Tax Appeal Board, payment of the expenses of the
5562-Department of Revenue incurred in administering the collection
5563-and distribution of monies paid into the Personal Property Tax
5564-Replacement Fund and transfers due to refunds to taxpayers for
5565-overpayment of liability for taxes paid into the Personal
5566-Property Tax Replacement Fund.
5567-In addition, moneys in the Personal Property Tax
5568-Replacement Fund may be used to pay any of the following: (i)
5569-salary, stipends, and additional compensation as provided by
5570-law for chief election clerks, county clerks, and county
5571-
5572-
5573-recorders; (ii) costs associated with regional offices of
5574-education and educational service centers; (iii)
5575-reimbursements payable by the State Board of Elections under
5576-Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
5577-Election Code; (iv) expenses of the Illinois Educational Labor
5578-Relations Board; and (v) salary, personal services, and
5579-additional compensation as provided by law for court reporters
5580-under the Court Reporters Act.
5581-As soon as may be after June 26, 1980 (the effective date
5582-of Public Act 81-1255), the Department of Revenue shall
5583-certify to the Treasurer the amount of net replacement revenue
5584-paid into the General Revenue Fund prior to that effective
5585-date from the additional tax imposed by Section 2a.1 of the
5586-Messages Tax Act; Section 2a.1 of the Gas Revenue Tax Act;
5587-Section 2a.1 of the Public Utilities Revenue Act; Section 3 of
5588-the Water Company Invested Capital Tax Act; amounts collected
5589-by the Department of Revenue under the Telecommunications
5590-Infrastructure Maintenance Fee Act; and the additional
5591-personal property tax replacement income tax imposed by the
5592-Illinois Income Tax Act, as amended by Public Act 81-1st
5593-Special Session-1. Net replacement revenue shall be defined as
5594-the total amount paid into and remaining in the General
5595-Revenue Fund as a result of those Acts minus the amount
5596-outstanding and obligated from the General Revenue Fund in
5597-state vouchers or warrants prior to June 26, 1980 (the
5598-effective date of Public Act 81-1255) as refunds to taxpayers
5599-
5600-
5601-for overpayment of liability under those Acts.
5602-All interest earned by monies accumulated in the Personal
5603-Property Tax Replacement Fund shall be deposited in such Fund.
5604-All amounts allocated pursuant to this Section are
5605-appropriated on a continuing basis.
5606-Prior to December 31, 1980, as soon as may be after the end
5607-of each quarter beginning with the quarter ending December 31,
5608-1979, and on and after December 31, 1980, as soon as may be
5609-after January 1, March 1, April 1, May 1, July 1, August 1,
5610-October 1 and December 1 of each year, the Department of
5611-Revenue shall allocate to each taxing district as defined in
5612-Section 1-150 of the Property Tax Code, in accordance with the
5613-provisions of paragraph (2) of this Section the portion of the
5614-funds held in the Personal Property Tax Replacement Fund which
5615-is required to be distributed, as provided in paragraph (1),
5616-for each quarter. Provided, however, under no circumstances
5617-shall any taxing district during each of the first two years of
5618-distribution of the taxes imposed by Public Act 81-1st Special
5619-Session-1 be entitled to an annual allocation which is less
5620-than the funds such taxing district collected from the 1978
5621-personal property tax. Provided further that under no
5622-circumstances shall any taxing district during the third year
5623-of distribution of the taxes imposed by Public Act 81-1st
5624-Special Session-1 receive less than 60% of the funds such
5625-taxing district collected from the 1978 personal property tax.
5626-In the event that the total of the allocations made as above
5627-
5628-
5629-provided for all taxing districts, during either of such 3
5630-years, exceeds the amount available for distribution the
5631-allocation of each taxing district shall be proportionately
5632-reduced. Except as provided in Section 13 of this Act, the
5633-Department shall then certify, pursuant to appropriation, such
5634-allocations to the State Comptroller who shall pay over to the
5635-several taxing districts the respective amounts allocated to
5636-them.
5637-Any township which receives an allocation based in whole
5638-or in part upon personal property taxes which it levied
5639-pursuant to Section 6-507 or 6-512 of the Illinois Highway
5640-Code and which was previously required to be paid over to a
5641-municipality shall immediately pay over to that municipality a
5642-proportionate share of the personal property replacement funds
5643-which such township receives.
5644-Any municipality or township, other than a municipality
5645-with a population in excess of 500,000, which receives an
5646-allocation based in whole or in part on personal property
5647-taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6 of
5648-the Illinois Local Library Act and which was previously
5649-required to be paid over to a public library shall immediately
5650-pay over to that library a proportionate share of the personal
5651-property tax replacement funds which such municipality or
5652-township receives; provided that if such a public library has
5653-converted to a library organized under the Illinois Public
5654-Library District Act, regardless of whether such conversion
5655-
5656-
5657-has occurred on, after or before January 1, 1988, such
5658-proportionate share shall be immediately paid over to the
5659-library district which maintains and operates the library.
5660-However, any library that has converted prior to January 1,
5661-1988, and which hitherto has not received the personal
5662-property tax replacement funds, shall receive such funds
5663-commencing on January 1, 1988.
5664-Any township which receives an allocation based in whole
5665-or in part on personal property taxes which it levied pursuant
5666-to Section 1c of the Public Graveyards Act and which taxes were
5667-previously required to be paid over to or used for such public
5668-cemetery or cemeteries shall immediately pay over to or use
5669-for such public cemetery or cemeteries a proportionate share
5670-of the personal property tax replacement funds which the
5671-township receives.
5672-Any taxing district which receives an allocation based in
5673-whole or in part upon personal property taxes which it levied
5674-for another governmental body or school district in Cook
5675-County in 1976 or for another governmental body or school
5676-district in the remainder of the State in 1977 shall
5677-immediately pay over to that governmental body or school
5678-district the amount of personal property replacement funds
5679-which such governmental body or school district would receive
5680-directly under the provisions of paragraph (2) of this
5681-Section, had it levied its own taxes.
5682-(1) The portion of the Personal Property Tax
5683-
5684-
5685-Replacement Fund required to be distributed as of the time
5686-allocation is required to be made shall be the amount
5687-available in such Fund as of the time allocation is
5688-required to be made.
5689-The amount available for distribution shall be the
5690-total amount in the fund at such time minus the necessary
5691-administrative and other authorized expenses as limited by
5692-the appropriation and the amount determined by: (a) $2.8
5693-million for fiscal year 1981; (b) for fiscal year 1982,
5694-.54% of the funds distributed from the fund during the
5695-preceding fiscal year; (c) for fiscal year 1983 through
5696-fiscal year 1988, .54% of the funds distributed from the
5697-fund during the preceding fiscal year less .02% of such
5698-fund for fiscal year 1983 and less .02% of such funds for
5699-each fiscal year thereafter; (d) for fiscal year 1989
5700-through fiscal year 2011 no more than 105% of the actual
5701-administrative expenses of the prior fiscal year; (e) for
5702-fiscal year 2012 and beyond, a sufficient amount to pay
5703-(i) stipends, additional compensation, salary
5704-reimbursements, and other amounts directed to be paid out
5705-of this Fund for local officials as authorized or required
5706-by statute and (ii) the ordinary and contingent expenses
5707-of the Property Tax Appeal Board and the expenses of the
5708-Department of Revenue incurred in administering the
5709-collection and distribution of moneys paid into the Fund;
5710-(f) for fiscal years 2012 and 2013 only, a sufficient
5711-
5712-
5713-amount to pay stipends, additional compensation, salary
5714-reimbursements, and other amounts directed to be paid out
5715-of this Fund for regional offices and officials as
5716-authorized or required by statute; or (g) for fiscal years
5717-2018 through 2025 2024 only, a sufficient amount to pay
5718-amounts directed to be paid out of this Fund for public
5719-community college base operating grants and local health
5720-protection grants to certified local health departments as
5721-authorized or required by appropriation or statute. Such
5722-portion of the fund shall be determined after the transfer
5723-into the General Revenue Fund due to refunds, if any, paid
5724-from the General Revenue Fund during the preceding
5725-quarter. If at any time, for any reason, there is
5726-insufficient amount in the Personal Property Tax
5727-Replacement Fund for payments for regional offices and
5728-officials or local officials or payment of costs of
5729-administration or for transfers due to refunds at the end
5730-of any particular month, the amount of such insufficiency
5731-shall be carried over for the purposes of payments for
5732-regional offices and officials, local officials, transfers
5733-into the General Revenue Fund, and costs of administration
5734-to the following month or months. Net replacement revenue
5735-held, and defined above, shall be transferred by the
5736-Treasurer and Comptroller to the Personal Property Tax
5737-Replacement Fund within 10 days of such certification.
5738-(2) Each quarterly allocation shall first be
5739-
5740-
5741-apportioned in the following manner: 51.65% for taxing
5742-districts in Cook County and 48.35% for taxing districts
5743-in the remainder of the State.
5744-The Personal Property Replacement Ratio of each taxing
5745-district outside Cook County shall be the ratio which the Tax
5746-Base of that taxing district bears to the Downstate Tax Base.
5747-The Tax Base of each taxing district outside of Cook County is
5748-the personal property tax collections for that taxing district
5749-for the 1977 tax year. The Downstate Tax Base is the personal
5750-property tax collections for all taxing districts in the State
5751-outside of Cook County for the 1977 tax year. The Department of
5752-Revenue shall have authority to review for accuracy and
5753-completeness the personal property tax collections for each
5754-taxing district outside Cook County for the 1977 tax year.
5755-The Personal Property Replacement Ratio of each Cook
5756-County taxing district shall be the ratio which the Tax Base of
5757-that taxing district bears to the Cook County Tax Base. The Tax
5758-Base of each Cook County taxing district is the personal
5759-property tax collections for that taxing district for the 1976
5760-tax year. The Cook County Tax Base is the personal property tax
5761-collections for all taxing districts in Cook County for the
5762-1976 tax year. The Department of Revenue shall have authority
5763-to review for accuracy and completeness the personal property
5764-tax collections for each taxing district within Cook County
5765-for the 1976 tax year.
5766-For all purposes of this Section 12, amounts paid to a
5767-
5768-
5769-taxing district for such tax years as may be applicable by a
5770-foreign corporation under the provisions of Section 7-202 of
5771-the Public Utilities Act, as amended, shall be deemed to be
5772-personal property taxes collected by such taxing district for
5773-such tax years as may be applicable. The Director shall
5774-determine from the Illinois Commerce Commission, for any tax
5775-year as may be applicable, the amounts so paid by any such
5776-foreign corporation to any and all taxing districts. The
5777-Illinois Commerce Commission shall furnish such information to
5778-the Director. For all purposes of this Section 12, the
5779-Director shall deem such amounts to be collected personal
5780-property taxes of each such taxing district for the applicable
5781-tax year or years.
5782-Taxing districts located both in Cook County and in one or
5783-more other counties shall receive both a Cook County
5784-allocation and a Downstate allocation determined in the same
5785-way as all other taxing districts.
5786-If any taxing district in existence on July 1, 1979 ceases
5787-to exist, or discontinues its operations, its Tax Base shall
5788-thereafter be deemed to be zero. If the powers, duties and
5789-obligations of the discontinued taxing district are assumed by
5790-another taxing district, the Tax Base of the discontinued
5791-taxing district shall be added to the Tax Base of the taxing
5792-district assuming such powers, duties and obligations.
5793-If two or more taxing districts in existence on July 1,
5794-1979, or a successor or successors thereto shall consolidate
5795-
5796-
5797-into one taxing district, the Tax Base of such consolidated
5798-taxing district shall be the sum of the Tax Bases of each of
5799-the taxing districts which have consolidated.
5800-If a single taxing district in existence on July 1, 1979,
5801-or a successor or successors thereto shall be divided into two
5802-or more separate taxing districts, the tax base of the taxing
5803-district so divided shall be allocated to each of the
5804-resulting taxing districts in proportion to the then current
5805-equalized assessed value of each resulting taxing district.
5806-If a portion of the territory of a taxing district is
5807-disconnected and annexed to another taxing district of the
5808-same type, the Tax Base of the taxing district from which
5809-disconnection was made shall be reduced in proportion to the
5810-then current equalized assessed value of the disconnected
5811-territory as compared with the then current equalized assessed
5812-value within the entire territory of the taxing district prior
5813-to disconnection, and the amount of such reduction shall be
5814-added to the Tax Base of the taxing district to which
5815-annexation is made.
5816-If a community college district is created after July 1,
5817-1979, beginning on January 1, 1996 (the effective date of
5818-Public Act 89-327), its Tax Base shall be 3.5% of the sum of
5819-the personal property tax collected for the 1977 tax year
5820-within the territorial jurisdiction of the district.
5821-The amounts allocated and paid to taxing districts
5822-pursuant to the provisions of Public Act 81-1st Special
5823-
5824-
5825-Session-1 shall be deemed to be substitute revenues for the
5826-revenues derived from taxes imposed on personal property
5827-pursuant to the provisions of the "Revenue Act of 1939" or "An
5828-Act for the assessment and taxation of private car line
5829-companies", approved July 22, 1943, as amended, or Section 414
5830-of the Illinois Insurance Code, prior to the abolition of such
5831-taxes and shall be used for the same purposes as the revenues
5832-derived from ad valorem taxes on real estate.
5833-Monies received by any taxing districts from the Personal
5834-Property Tax Replacement Fund shall be first applied toward
5835-payment of the proportionate amount of debt service which was
5836-previously levied and collected from extensions against
5837-personal property on bonds outstanding as of December 31, 1978
5838-and next applied toward payment of the proportionate share of
5839-the pension or retirement obligations of the taxing district
5840-which were previously levied and collected from extensions
5841-against personal property. For each such outstanding bond
5842-issue, the County Clerk shall determine the percentage of the
5843-debt service which was collected from extensions against real
5844-estate in the taxing district for 1978 taxes payable in 1979,
5845-as related to the total amount of such levies and collections
5846-from extensions against both real and personal property. For
5847-1979 and subsequent years' taxes, the County Clerk shall levy
5848-and extend taxes against the real estate of each taxing
5849-district which will yield the said percentage or percentages
5850-of the debt service on such outstanding bonds. The balance of
5851-
5852-
5853-the amount necessary to fully pay such debt service shall
5854-constitute a first and prior lien upon the monies received by
5855-each such taxing district through the Personal Property Tax
5856-Replacement Fund and shall be first applied or set aside for
5857-such purpose. In counties having fewer than 3,000,000
5858-inhabitants, the amendments to this paragraph as made by
5859-Public Act 81-1255 shall be first applicable to 1980 taxes to
5860-be collected in 1981.
5861-(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
5862-103-8, eff. 6-7-23.)
5863-Section 5-40. The Illinois Procurement Code is amended by
5864-changing Section 10-20 as follows:
5865-(30 ILCS 500/10-20)
5866-Sec. 10-20. Independent chief procurement officers.
5867-(a) Appointment. Within 60 calendar days after July 1,
5868-2010 (the effective date of Public Act 96-795) this amendatory
5869-Act of the 96th General Assembly, the Executive Ethics
5870-Commission, with the advice and consent of the Senate shall
5871-appoint or approve 4 chief procurement officers, one for each
5872-of the following categories:
5873-(1) for procurements for construction and
5874-construction-related services committed by law to the
5875-jurisdiction or responsibility of the Capital Development
5876-Board;
5877-
5878-
5879-(2) for procurements for all construction,
5880-construction-related services, operation of any facility,
5881-and the provision of any service or activity committed by
5882-law to the jurisdiction or responsibility of the Illinois
5883-Department of Transportation, including the direct or
5884-reimbursable expenditure of all federal funds for which
5885-the Department of Transportation is responsible or
5886-accountable for the use thereof in accordance with federal
5887-law, regulation, or procedure, the chief procurement
5888-officer recommended for approval under this item appointed
5889-by the Secretary of Transportation after consent by the
5890-Executive Ethics Commission;
5891-(3) for all procurements made by a public institution
5892-of higher education; and
5893-(4) for all other procurement needs of State agencies.
5894-For fiscal years year 2024 and 2025, the Executive Ethics
5895-Commission shall set aside from its appropriation those
5896-amounts necessary for the use of the 4 chief procurement
5897-officers for the ordinary and contingent expenses of their
5898-respective procurement offices. From the amounts set aside by
5899-the Commission, each chief procurement officer shall control
5900-the internal operations of his or her procurement office and
5901-shall procure the necessary equipment, materials, and services
5902-to perform the duties of that office, including hiring
5903-necessary procurement personnel, legal advisors, and other
5904-employees, and may establish, in the exercise of the chief
5905-
5906-
5907-procurement officer's discretion, the compensation of the
5908-office's employees, which includes the State purchasing
5909-officers and any legal advisors. The Executive Ethics
5910-Commission shall have no control over the employees of the
5911-chief procurement officers. The Executive Ethics Commission
5912-shall provide administrative support services, including
5913-payroll, for each procurement office.
5914-(b) Terms and independence. Each chief procurement officer
5915-appointed under this Section shall serve for a term of 5 years
5916-beginning on the date of the officer's appointment. The chief
5917-procurement officer may be removed for cause after a hearing
5918-by the Executive Ethics Commission. The Governor or the
5919-director of a State agency directly responsible to the
5920-Governor may institute a complaint against the officer by
5921-filing such complaint with the Commission. The Commission
5922-shall have a hearing based on the complaint. The officer and
5923-the complainant shall receive reasonable notice of the hearing
5924-and shall be permitted to present their respective arguments
5925-on the complaint. After the hearing, the Commission shall make
5926-a finding on the complaint and may take disciplinary action,
5927-including but not limited to removal of the officer.
5928-The salary of a chief procurement officer shall be
5929-established by the Executive Ethics Commission and may not be
5930-diminished during the officer's term. The salary may not
5931-exceed the salary of the director of a State agency for which
5932-the officer serves as chief procurement officer.
5933-
5934-
5935-(c) Qualifications. In addition to any other requirement
5936-or qualification required by State law, each chief procurement
5937-officer must within 12 months of employment be a Certified
5938-Professional Public Buyer or a Certified Public Purchasing
5939-Officer, pursuant to certification by the Universal Public
5940-Purchasing Certification Council, and must reside in Illinois.
5941-(d) Fiduciary duty. Each chief procurement officer owes a
5942-fiduciary duty to the State.
5943-(e) Vacancy. In case of a vacancy in one or more of the
5944-offices of a chief procurement officer under this Section
5945-during the recess of the Senate, the Executive Ethics
5946-Commission shall make a temporary appointment until the next
5947-meeting of the Senate, when the Executive Ethics Commission
5948-shall nominate some person to fill the office, and any person
5949-so nominated who is confirmed by the Senate shall hold office
5950-during the remainder of the term and until his or her successor
5951-is appointed and qualified. If the Senate is not in session at
5952-the time Public Act 96-920 this amendatory Act of the 96th
5953-General Assembly takes effect, the Executive Ethics Commission
5954-shall make a temporary appointment as in the case of a vacancy.
5955-(f) (Blank).
5956-(g) (Blank).
5957-(Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.)
5958-Section 5-43. The State Prompt Payment Act is amended by
5959-changing Section 3-6 and by adding Section 3-7 as follows:
5960-
5961-
5962-(30 ILCS 540/3-6)
5963-Sec. 3-6. Federal funds; lack of authority. If an agency
5964-incurs an interest liability under this Act that cannot be
5965-charged to the same expenditure authority account to which the
5966-related goods or services were charged due to federal
5967-prohibitions, the agency is authorized to pay the interest
5968-from its available appropriations from the General Revenue
5969-Fund, except that the Department of Transportation is
5970-authorized to pay the interest from its available
5971-appropriations from the Road Fund, as long as the original
5972-goods or services were for purposes consistent with Section 11
5973-of Article IX of the Illinois Constitution.
5974-(Source: P.A. 100-587, eff. 6-4-18.)
5975-(30 ILCS 540/3-7 new)
5976-Sec. 3-7. Transportation bond funds. If the Department of
5977-Transportation incurs an interest liability under this Act
5978-that would be payable from a transportation bond fund, the
5979-Department of Transportation is authorized to pay the interest
5980-from its available appropriations from the Road Fund, as long
5981-as the original purpose to which the bond funds were applied
5982-was consistent with Section 11 of Article IX of the Illinois
5983-Constitution. As used in this Section, "transportation bond
5984-fund" means any of the following funds in the State treasury:
5985-the Transportation Bond, Series A Fund; the Transportation
5986-
5987-
5988-Bond, Series B Fund; the Transportation Bond Series D Fund;
5989-and the Multi-modal Transportation Bond Fund.
5990-Section 5-45. The Illinois Works Jobs Program Act is
5991-amended by changing Section 20-15 as follows:
5992-(30 ILCS 559/20-15)
5993-Sec. 20-15. Illinois Works Preapprenticeship Program;
5994-Illinois Works Bid Credit Program.
5995-(a) The Illinois Works Preapprenticeship Program is
5996-established and shall be administered by the Department. The
5997-goal of the Illinois Works Preapprenticeship Program is to
5998-create a network of community-based organizations throughout
5999-the State that will recruit, prescreen, and provide
6000-preapprenticeship skills training, for which participants may
6001-attend free of charge and receive a stipend, to create a
6002-qualified, diverse pipeline of workers who are prepared for
6003-careers in the construction and building trades. Upon
6004-completion of the Illinois Works Preapprenticeship Program,
6005-the candidates will be skilled and work-ready.
6006-(b) There is created the Illinois Works Fund, a special
6007-fund in the State treasury. The Illinois Works Fund shall be
6008-administered by the Department. The Illinois Works Fund shall
6009-be used to provide funding for community-based organizations
6010-throughout the State. In addition to any other transfers that
6011-may be provided for by law, on and after July 1, 2019 at the
6012-
6013-
6014-direction of the Director of the Governor's Office of
6015-Management and Budget, the State Comptroller shall direct and
6016-the State Treasurer shall transfer amounts not exceeding a
6017-total of $50,000,000 from the Rebuild Illinois Projects Fund
6018-to the Illinois Works Fund.
6019-(b-5) In addition to any other transfers that may be
6020-provided for by law, beginning July 1, 2024 and each July 1
6021-thereafter, or as soon thereafter as practical, the State
6022-Comptroller shall direct and the State Treasurer shall
6023-transfer $20,000,000 from the Capital Projects Fund to the
6024-Illinois Works Fund.
6025-(c) Each community-based organization that receives
6026-funding from the Illinois Works Fund shall provide an annual
6027-report to the Illinois Works Review Panel by April 1 of each
6028-calendar year. The annual report shall include the following
6029-information:
6030-(1) a description of the community-based
6031-organization's recruitment, screening, and training
6032-efforts;
6033-(2) the number of individuals who apply to,
6034-participate in, and complete the community-based
6035-organization's program, broken down by race, gender, age,
6036-and veteran status; and
6037-(3) the number of the individuals referenced in item (2)
6038-of this subsection who are initially accepted and placed
6039-into apprenticeship programs in the construction and
6040-
6041-
6042-building trades.
6043-(d) The Department shall create and administer the
6044-Illinois Works Bid Credit Program that shall provide economic
6045-incentives, through bid credits, to encourage contractors and
6046-subcontractors to provide contracting and employment
6047-opportunities to historically underrepresented populations in
6048-the construction industry.
6049-The Illinois Works Bid Credit Program shall allow
6050-contractors and subcontractors to earn bid credits for use
6051-toward future bids for public works projects contracted by the
6052-State or an agency of the State in order to increase the
6053-chances that the contractor and the subcontractors will be
6054-selected.
6055-Contractors or subcontractors may be eligible to earn bid
6056-credits for employing apprentices who have completed the
6057-Illinois Works Preapprenticeship Program. Contractors or
6058-subcontractors shall earn bid credits at a rate established by
6059-the Department and based on labor hours worked by apprentices
6060-who have completed the Illinois Works Preapprenticeship
6061-Program. In order to earn bid credits, contractors and
6062-subcontractors shall provide the Department with certified
6063-payroll documenting the hours performed by apprentices who
6064-have completed the Illinois Works Preapprenticeship Program.
6065-Contractors and subcontractors can use bid credits toward
6066-future bids for public works projects contracted or funded by
6067-the State or an agency of the State in order to increase the
6068-
6069-
6070-likelihood of being selected as the contractor for the public
6071-works project toward which they have applied the bid credit.
6072-The Department shall establish the rate by rule and shall
6073-publish it on the Department's website. The rule may include
6074-maximum bid credits allowed per contractor, per subcontractor,
6075-per apprentice, per bid, or per year.
6076-The Illinois Works Credit Bank is hereby created and shall
6077-be administered by the Department. The Illinois Works Credit
6078-Bank shall track the bid credits.
6079-A contractor or subcontractor who has been awarded bid
6080-credits under any other State program for employing
6081-apprentices who have completed the Illinois Works
6082-Preapprenticeship Program is not eligible to receive bid
6083-credits under the Illinois Works Bid Credit Program relating
6084-to the same contract.
6085-The Department shall report to the Illinois Works Review
6086-Panel the following: (i) the number of bid credits awarded by
6087-the Department; (ii) the number of bid credits submitted by
6088-the contractor or subcontractor to the agency administering
6089-the public works contract; and (iii) the number of bid credits
6090-accepted by the agency for such contract. Any agency that
6091-awards bid credits pursuant to the Illinois Works Credit Bank
6092-Program shall report to the Department the number of bid
6093-credits it accepted for the public works contract.
6094-Upon a finding that a contractor or subcontractor has
6095-reported falsified records to the Department in order to
6096-
6097-
6098-fraudulently obtain bid credits, the Department may bar the
6099-contractor or subcontractor from participating in the Illinois
6100-Works Bid Credit Program and may suspend the contractor or
6101-subcontractor from bidding on or participating in any public
6102-works project. False or fraudulent claims for payment relating
6103-to false bid credits may be subject to damages and penalties
6104-under applicable law.
6105-(e) The Department shall adopt any rules deemed necessary
6106-to implement this Section. In order to provide for the
6107-expeditious and timely implementation of this Act, the
6108-Department may adopt emergency rules. The adoption of
6109-emergency rules authorized by this subsection is deemed to be
6110-necessary for the public interest, safety, and welfare.
6111-(Source: P.A. 103-8, eff. 6-7-23; 103-305, eff. 7-28-23;
6112-revised 9-6-23.)
6113-Section 5-47. The Downstate Public Transportation Act is
6114-amended by changing Section 2-3 as follows:
6115-(30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
6116-Sec. 2-3. (a) As soon as possible after the first day of
6117-each month, beginning July 1, 1984, upon certification of the
6118-Department of Revenue, the Comptroller shall order
6119-transferred, and the Treasurer shall transfer, from the
6120-General Revenue Fund to a special fund in the State Treasury
6121-which is hereby created, to be known as the Downstate Public
6122-
6123-
6124-Transportation Fund, an amount equal to 2/32 (beginning July
6125-1, 2005, 3/32) of the net revenue realized from the Retailers'
6126-Occupation Tax Act, the Service Occupation Tax Act, the Use
6127-Tax Act, and the Service Use Tax Act from persons incurring
6128-municipal or county retailers' or service occupation tax
6129-liability for the benefit of any municipality or county
6130-located wholly within the boundaries of each participant,
6131-other than any Metro-East Transit District participant
6132-certified pursuant to subsection (c) of this Section during
6133-the preceding month, except that the Department shall pay into
6134-the Downstate Public Transportation Fund 2/32 (beginning July
6135-1, 2005, 3/32) of 80% of the net revenue realized under the
6136-State tax Acts named above within any municipality or county
6137-located wholly within the boundaries of each participant,
6138-other than any Metro-East participant, for tax periods
6139-beginning on or after January 1, 1990. Net revenue realized
6140-for a month shall be the revenue collected by the State
6141-pursuant to such Acts during the previous month from persons
6142-incurring municipal or county retailers' or service occupation
6143-tax liability for the benefit of any municipality or county
6144-located wholly within the boundaries of a participant, less
6145-the amount paid out during that same month as refunds or credit
6146-memoranda to taxpayers for overpayment of liability under such
6147-Acts for the benefit of any municipality or county located
6148-wholly within the boundaries of a participant.
6149-Notwithstanding any provision of law to the contrary,
6150-
6151-
6152-beginning on July 6, 2017 (the effective date of Public Act
6153-100-23), those amounts required under this subsection (a) to
6154-be transferred by the Treasurer into the Downstate Public
6155-Transportation Fund from the General Revenue Fund shall be
6156-directly deposited into the Downstate Public Transportation
6157-Fund as the revenues are realized from the taxes indicated.
6158-(b) As soon as possible after the first day of each month,
6159-beginning July 1, 1989, upon certification of the Department
6160-of Revenue, the Comptroller shall order transferred, and the
6161-Treasurer shall transfer, from the General Revenue Fund to a
6162-special fund in the State Treasury which is hereby created, to
6163-be known as the Metro-East Public Transportation Fund, an
6164-amount equal to 2/32 of the net revenue realized, as above,
6165-from within the boundaries of Madison, Monroe, and St. Clair
6166-Counties, except that the Department shall pay into the
6167-Metro-East Public Transportation Fund 2/32 of 80% of the net
6168-revenue realized under the State tax Acts specified in
6169-subsection (a) of this Section within the boundaries of
6170-Madison, Monroe and St. Clair Counties for tax periods
6171-beginning on or after January 1, 1990. A local match
6172-equivalent to an amount which could be raised by a tax levy at
6173-the rate of .05% on the assessed value of property within the
6174-boundaries of Madison County is required annually to cause a
6175-total of 2/32 of the net revenue to be deposited in the
6176-Metro-East Public Transportation Fund. Failure to raise the
6177-required local match annually shall result in only 1/32 being
6178-
6179-
6180-deposited into the Metro-East Public Transportation Fund after
6181-July 1, 1989, or 1/32 of 80% of the net revenue realized for
6182-tax periods beginning on or after January 1, 1990.
6183-(b-5) As soon as possible after the first day of each
6184-month, beginning July 1, 2005, upon certification of the
6185-Department of Revenue, the Comptroller shall order
6186-transferred, and the Treasurer shall transfer, from the
6187-General Revenue Fund to the Downstate Public Transportation
6188-Fund, an amount equal to 3/32 of 80% of the net revenue
6189-realized from within the boundaries of Monroe and St. Clair
6190-Counties under the State Tax Acts specified in subsection (a)
6191-of this Section and provided further that, beginning July 1,
6192-2005, the provisions of subsection (b) shall no longer apply
6193-with respect to such tax receipts from Monroe and St. Clair
6194-Counties.
6195-Notwithstanding any provision of law to the contrary,
6196-beginning on July 6, 2017 (the effective date of Public Act
6197-100-23), those amounts required under this subsection (b-5) to
6198-be transferred by the Treasurer into the Downstate Public
6199-Transportation Fund from the General Revenue Fund shall be
6200-directly deposited into the Downstate Public Transportation
6201-Fund as the revenues are realized from the taxes indicated.
6202-(b-6) As soon as possible after the first day of each
6203-month, beginning July 1, 2008, upon certification by the
6204-Department of Revenue, the Comptroller shall order transferred
6205-and the Treasurer shall transfer, from the General Revenue
6206-
6207-
6208-Fund to the Downstate Public Transportation Fund, an amount
6209-equal to 3/32 of 80% of the net revenue realized from within
6210-the boundaries of Madison County under the State Tax Acts
6211-specified in subsection (a) of this Section and provided
6212-further that, beginning July 1, 2008, the provisions of
6213-subsection (b) shall no longer apply with respect to such tax
6214-receipts from Madison County.
6215-Notwithstanding any provision of law to the contrary,
6216-beginning on July 6, 2017 (the effective date of Public Act
6217-100-23), those amounts required under this subsection (b-6) to
6218-be transferred by the Treasurer into the Downstate Public
6219-Transportation Fund from the General Revenue Fund shall be
6220-directly deposited into the Downstate Public Transportation
6221-Fund as the revenues are realized from the taxes indicated.
6222-(b-7) Beginning July 1, 2018, notwithstanding any the
6223-other provisions of law to the contrary this Section, instead
6224-of the Comptroller making monthly transfers from the General
6225-Revenue Fund to the Downstate Public Transportation Fund, the
6226-Department of Revenue shall deposit the designated fraction of
6227-the net revenue realized from collections under the Retailers'
6228-Occupation Tax Act, the Service Occupation Tax Act, the Use
6229-Tax Act, and the Service Use Tax Act directly into the
6230-Downstate Public Transportation Fund, except that, for the
6231-State fiscal year beginning July 1, 2024, the first
6232-$75,000,000 that would have otherwise been deposited as
6233-provided in this subsection shall instead be transferred from
6234-
6235-
6236-the Road Fund to the Downstate Public Transportation Fund by
6237-the Treasurer upon certification by the Department of Revenue
6238-and order of the Comptroller. The funds authorized and
6239-transferred pursuant to this amendatory Act of the 103rd
6240-General Assembly are not intended or planned for road
6241-construction projects.
6242-(c) The Department shall certify to the Department of
6243-Revenue the eligible participants under this Article and the
6244-territorial boundaries of such participants for the purposes
6245-of the Department of Revenue in subsections (a) and (b) of this
6246-Section.
6247-(d) For the purposes of this Article, beginning in fiscal
6248-year 2009 the General Assembly shall appropriate an amount
6249-from the Downstate Public Transportation Fund equal to the sum
6250-total of funds projected to be paid to the participants
6251-pursuant to Section 2-7. If the General Assembly fails to make
6252-appropriations sufficient to cover the amounts projected to be
6253-paid pursuant to Section 2-7, this Act shall constitute an
6254-irrevocable and continuing appropriation from the Downstate
6255-Public Transportation Fund of all amounts necessary for those
6256-purposes.
6257-(e) (Blank).
6258-(f) (Blank).
6259-(g) (Blank).
6260-(h) For State fiscal year 2020 only, notwithstanding any
6261-provision of law to the contrary, the total amount of revenue
6262-
6263-
6264-and deposits under this Section attributable to revenues
6265-realized during State fiscal year 2020 shall be reduced by 5%.
6266-(i) For State fiscal year 2021 only, notwithstanding any
6267-provision of law to the contrary, the total amount of revenue
6268-and deposits under this Section attributable to revenues
6269-realized during State fiscal year 2021 shall be reduced by 5%.
6270-(j) Commencing with State fiscal year 2022 programs, and
6271-for each fiscal year thereafter, all appropriations made under
6272-the provisions of this Act shall not constitute a grant
6273-program subject to the requirements of the Grant
6274-Accountability and Transparency Act. The Department shall
6275-approve programs of proposed expenditures and services
6276-submitted by participants under the requirements of Sections
6277-2-5 and 2-11.
6278-(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
6279-102-626, eff. 8-27-21.)
6280-Section 5-50. The Illinois Income Tax Act is amended by
6281-changing Section 901 as follows:
6282-(35 ILCS 5/901)
6283-Sec. 901. Collection authority.
6284-(a) In general. The Department shall collect the taxes
6285-imposed by this Act. The Department shall collect certified
6286-past due child support amounts under Section 2505-650 of the
6287-Department of Revenue Law of the Civil Administrative Code of
6288-
6289-
6290-Illinois. Except as provided in subsections (b), (c), (e),
6291-(f), (g), and (h) of this Section, money collected pursuant to
6292-subsections (a) and (b) of Section 201 of this Act shall be
6293-paid into the General Revenue Fund in the State treasury;
6294-money collected pursuant to subsections (c) and (d) of Section
6295-201 of this Act shall be paid into the Personal Property Tax
6296-Replacement Fund, a special fund in the State Treasury; and
6297-money collected under Section 2505-650 of the Department of
6298-Revenue Law of the Civil Administrative Code of Illinois shall
6299-be paid into the Child Support Enforcement Trust Fund, a
6300-special fund outside the State Treasury, or to the State
6301-Disbursement Unit established under Section 10-26 of the
6302-Illinois Public Aid Code, as directed by the Department of
6303-Healthcare and Family Services.
6304-(b) Local Government Distributive Fund. Beginning August
6305-1, 2017 and continuing through July 31, 2022, the Treasurer
6306-shall transfer each month from the General Revenue Fund to the
6307-Local Government Distributive Fund an amount equal to the sum
6308-of: (i) 6.06% (10% of the ratio of the 3% individual income tax
6309-rate prior to 2011 to the 4.95% individual income tax rate
6310-after July 1, 2017) of the net revenue realized from the tax
6311-imposed by subsections (a) and (b) of Section 201 of this Act
6312-upon individuals, trusts, and estates during the preceding
6313-month; (ii) 6.85% (10% of the ratio of the 4.8% corporate
6314-income tax rate prior to 2011 to the 7% corporate income tax
6315-rate after July 1, 2017) of the net revenue realized from the
6316-
6317-
6318-tax imposed by subsections (a) and (b) of Section 201 of this
6319-Act upon corporations during the preceding month; and (iii)
6320-beginning February 1, 2022, 6.06% of the net revenue realized
6321-from the tax imposed by subsection (p) of Section 201 of this
6322-Act upon electing pass-through entities. Beginning August 1,
6323-2022 and continuing through July 31, 2023, the Treasurer shall
6324-transfer each month from the General Revenue Fund to the Local
6325-Government Distributive Fund an amount equal to the sum of:
6326-(i) 6.16% of the net revenue realized from the tax imposed by
6327-subsections (a) and (b) of Section 201 of this Act upon
6328-individuals, trusts, and estates during the preceding month;
6329-(ii) 6.85% of the net revenue realized from the tax imposed by
6330-subsections (a) and (b) of Section 201 of this Act upon
6331-corporations during the preceding month; and (iii) 6.16% of
6332-the net revenue realized from the tax imposed by subsection
6333-(p) of Section 201 of this Act upon electing pass-through
6334-entities. Beginning August 1, 2023, the Treasurer shall
6335-transfer each month from the General Revenue Fund to the Local
6336-Government Distributive Fund an amount equal to the sum of:
6337-(i) 6.47% of the net revenue realized from the tax imposed by
6338-subsections (a) and (b) of Section 201 of this Act upon
6339-individuals, trusts, and estates during the preceding month;
6340-(ii) 6.85% of the net revenue realized from the tax imposed by
6341-subsections (a) and (b) of Section 201 of this Act upon
6342-corporations during the preceding month; and (iii) 6.47% of
6343-the net revenue realized from the tax imposed by subsection
6344-
6345-
6346-(p) of Section 201 of this Act upon electing pass-through
6347-entities. Net revenue realized for a month shall be defined as
6348-the revenue from the tax imposed by subsections (a) and (b) of
6349-Section 201 of this Act which is deposited into the General
6350-Revenue Fund, the Education Assistance Fund, the Income Tax
6351-Surcharge Local Government Distributive Fund, the Fund for the
6352-Advancement of Education, and the Commitment to Human Services
6353-Fund during the month minus the amount paid out of the General
6354-Revenue Fund in State warrants during that same month as
6355-refunds to taxpayers for overpayment of liability under the
6356-tax imposed by subsections (a) and (b) of Section 201 of this
6357-Act.
6358-Notwithstanding any provision of law to the contrary,
6359-beginning on July 6, 2017 (the effective date of Public Act
6360-100-23), those amounts required under this subsection (b) to
6361-be transferred by the Treasurer into the Local Government
6362-Distributive Fund from the General Revenue Fund shall be
6363-directly deposited into the Local Government Distributive Fund
6364-as the revenue is realized from the tax imposed by subsections
6365-(a) and (b) of Section 201 of this Act.
6366-(c) Deposits Into Income Tax Refund Fund.
6367-(1) Beginning on January 1, 1989 and thereafter, the
6368-Department shall deposit a percentage of the amounts
6369-collected pursuant to subsections (a) and (b)(1), (2), and
6370-(3) of Section 201 of this Act into a fund in the State
6371-treasury known as the Income Tax Refund Fund. Beginning
6372-
6373-
6374-with State fiscal year 1990 and for each fiscal year
6375-thereafter, the percentage deposited into the Income Tax
6376-Refund Fund during a fiscal year shall be the Annual
6377-Percentage. For fiscal year 2011, the Annual Percentage
6378-shall be 8.75%. For fiscal year 2012, the Annual
6379-Percentage shall be 8.75%. For fiscal year 2013, the
6380-Annual Percentage shall be 9.75%. For fiscal year 2014,
6381-the Annual Percentage shall be 9.5%. For fiscal year 2015,
6382-the Annual Percentage shall be 10%. For fiscal year 2018,
6383-the Annual Percentage shall be 9.8%. For fiscal year 2019,
6384-the Annual Percentage shall be 9.7%. For fiscal year 2020,
6385-the Annual Percentage shall be 9.5%. For fiscal year 2021,
6386-the Annual Percentage shall be 9%. For fiscal year 2022,
6387-the Annual Percentage shall be 9.25%. For fiscal year
6388-2023, the Annual Percentage shall be 9.25%. For fiscal
6389-year 2024, the Annual Percentage shall be 9.15%. For
6390-fiscal year 2025, the Annual Percentage shall be 9.15%.
6391-For all other fiscal years, the Annual Percentage shall be
6392-calculated as a fraction, the numerator of which shall be
6393-the amount of refunds approved for payment by the
6394-Department during the preceding fiscal year as a result of
6395-overpayment of tax liability under subsections (a) and
6396-(b)(1), (2), and (3) of Section 201 of this Act plus the
6397-amount of such refunds remaining approved but unpaid at
6398-the end of the preceding fiscal year, minus the amounts
6399-transferred into the Income Tax Refund Fund from the
6400-
6401-
6402-Tobacco Settlement Recovery Fund, and the denominator of
6403-which shall be the amounts which will be collected
6404-pursuant to subsections (a) and (b)(1), (2), and (3) of
6405-Section 201 of this Act during the preceding fiscal year;
6406-except that in State fiscal year 2002, the Annual
6407-Percentage shall in no event exceed 7.6%. The Director of
6408-Revenue shall certify the Annual Percentage to the
6409-Comptroller on the last business day of the fiscal year
6410-immediately preceding the fiscal year for which it is to
6411-be effective.
6412-(2) Beginning on January 1, 1989 and thereafter, the
6413-Department shall deposit a percentage of the amounts
6414-collected pursuant to subsections (a) and (b)(6), (7), and
6415-(8), (c) and (d) of Section 201 of this Act into a fund in
6416-the State treasury known as the Income Tax Refund Fund.
6417-Beginning with State fiscal year 1990 and for each fiscal
6418-year thereafter, the percentage deposited into the Income
6419-Tax Refund Fund during a fiscal year shall be the Annual
6420-Percentage. For fiscal year 2011, the Annual Percentage
6421-shall be 17.5%. For fiscal year 2012, the Annual
6422-Percentage shall be 17.5%. For fiscal year 2013, the
6423-Annual Percentage shall be 14%. For fiscal year 2014, the
6424-Annual Percentage shall be 13.4%. For fiscal year 2015,
6425-the Annual Percentage shall be 14%. For fiscal year 2018,
6426-the Annual Percentage shall be 17.5%. For fiscal year
6427-2019, the Annual Percentage shall be 15.5%. For fiscal
6428-
6429-
6430-year 2020, the Annual Percentage shall be 14.25%. For
6431-fiscal year 2021, the Annual Percentage shall be 14%. For
6432-fiscal year 2022, the Annual Percentage shall be 15%. For
6433-fiscal year 2023, the Annual Percentage shall be 14.5%.
6434-For fiscal year 2024, the Annual Percentage shall be 14%.
6435-For fiscal year 2025, the Annual Percentage shall be 14%.
6436-For all other fiscal years, the Annual Percentage shall be
6437-calculated as a fraction, the numerator of which shall be
6438-the amount of refunds approved for payment by the
6439-Department during the preceding fiscal year as a result of
6440-overpayment of tax liability under subsections (a) and
6441-(b)(6), (7), and (8), (c) and (d) of Section 201 of this
6442-Act plus the amount of such refunds remaining approved but
6443-unpaid at the end of the preceding fiscal year, and the
6444-denominator of which shall be the amounts which will be
6445-collected pursuant to subsections (a) and (b)(6), (7), and
6446-(8), (c) and (d) of Section 201 of this Act during the
6447-preceding fiscal year; except that in State fiscal year
6448-2002, the Annual Percentage shall in no event exceed 23%.
6449-The Director of Revenue shall certify the Annual
6450-Percentage to the Comptroller on the last business day of
6451-the fiscal year immediately preceding the fiscal year for
6452-which it is to be effective.
6453-(3) The Comptroller shall order transferred and the
6454-Treasurer shall transfer from the Tobacco Settlement
6455-Recovery Fund to the Income Tax Refund Fund (i)
6456-
6457-
6458-$35,000,000 in January, 2001, (ii) $35,000,000 in January,
6459-2002, and (iii) $35,000,000 in January, 2003.
6460-(d) Expenditures from Income Tax Refund Fund.
6461-(1) Beginning January 1, 1989, money in the Income Tax
6462-Refund Fund shall be expended exclusively for the purpose
6463-of paying refunds resulting from overpayment of tax
6464-liability under Section 201 of this Act and for making
6465-transfers pursuant to this subsection (d), except that in
6466-State fiscal years 2022 and 2023, moneys in the Income Tax
6467-Refund Fund shall also be used to pay one-time rebate
6468-payments as provided under Sections 208.5 and 212.1.
6469-(2) The Director shall order payment of refunds
6470-resulting from overpayment of tax liability under Section
6471-201 of this Act from the Income Tax Refund Fund only to the
6472-extent that amounts collected pursuant to Section 201 of
6473-this Act and transfers pursuant to this subsection (d) and
6474-item (3) of subsection (c) have been deposited and
6475-retained in the Fund.
6476-(3) As soon as possible after the end of each fiscal
6477-year, the Director shall order transferred and the State
6478-Treasurer and State Comptroller shall transfer from the
6479-Income Tax Refund Fund to the Personal Property Tax
6480-Replacement Fund an amount, certified by the Director to
6481-the Comptroller, equal to the excess of the amount
6482-collected pursuant to subsections (c) and (d) of Section
6483-201 of this Act deposited into the Income Tax Refund Fund
6484-
6485-
6486-during the fiscal year over the amount of refunds
6487-resulting from overpayment of tax liability under
6488-subsections (c) and (d) of Section 201 of this Act paid
6489-from the Income Tax Refund Fund during the fiscal year.
6490-(4) As soon as possible after the end of each fiscal
6491-year, the Director shall order transferred and the State
6492-Treasurer and State Comptroller shall transfer from the
6493-Personal Property Tax Replacement Fund to the Income Tax
6494-Refund Fund an amount, certified by the Director to the
6495-Comptroller, equal to the excess of the amount of refunds
6496-resulting from overpayment of tax liability under
6497-subsections (c) and (d) of Section 201 of this Act paid
6498-from the Income Tax Refund Fund during the fiscal year
6499-over the amount collected pursuant to subsections (c) and
6500-(d) of Section 201 of this Act deposited into the Income
6501-Tax Refund Fund during the fiscal year.
6502-(4.5) As soon as possible after the end of fiscal year
6503-1999 and of each fiscal year thereafter, the Director
6504-shall order transferred and the State Treasurer and State
6505-Comptroller shall transfer from the Income Tax Refund Fund
6506-to the General Revenue Fund any surplus remaining in the
6507-Income Tax Refund Fund as of the end of such fiscal year;
6508-excluding for fiscal years 2000, 2001, and 2002 amounts
6509-attributable to transfers under item (3) of subsection (c)
6510-less refunds resulting from the earned income tax credit,
6511-and excluding for fiscal year 2022 amounts attributable to
6512-
6513-
6514-transfers from the General Revenue Fund authorized by
6515-Public Act 102-700.
6516-(5) This Act shall constitute an irrevocable and
6517-continuing appropriation from the Income Tax Refund Fund
6518-for the purposes of (i) paying refunds upon the order of
6519-the Director in accordance with the provisions of this
6520-Section and (ii) paying one-time rebate payments under
6521-Sections 208.5 and 212.1.
6522-(e) Deposits into the Education Assistance Fund and the
6523-Income Tax Surcharge Local Government Distributive Fund. On
6524-July 1, 1991, and thereafter, of the amounts collected
6525-pursuant to subsections (a) and (b) of Section 201 of this Act,
6526-minus deposits into the Income Tax Refund Fund, the Department
6527-shall deposit 7.3% into the Education Assistance Fund in the
6528-State Treasury. Beginning July 1, 1991, and continuing through
6529-January 31, 1993, of the amounts collected pursuant to
6530-subsections (a) and (b) of Section 201 of the Illinois Income
6531-Tax Act, minus deposits into the Income Tax Refund Fund, the
6532-Department shall deposit 3.0% into the Income Tax Surcharge
6533-Local Government Distributive Fund in the State Treasury.
6534-Beginning February 1, 1993 and continuing through June 30,
6535-1993, of the amounts collected pursuant to subsections (a) and
6536-(b) of Section 201 of the Illinois Income Tax Act, minus
6537-deposits into the Income Tax Refund Fund, the Department shall
6538-deposit 4.4% into the Income Tax Surcharge Local Government
6539-Distributive Fund in the State Treasury. Beginning July 1,
6540-
6541-
6542-1993, and continuing through June 30, 1994, of the amounts
6543-collected under subsections (a) and (b) of Section 201 of this
6544-Act, minus deposits into the Income Tax Refund Fund, the
6545-Department shall deposit 1.475% into the Income Tax Surcharge
6546-Local Government Distributive Fund in the State Treasury.
6547-(f) Deposits into the Fund for the Advancement of
6548-Education. Beginning February 1, 2015, the Department shall
6549-deposit the following portions of the revenue realized from
6550-the tax imposed upon individuals, trusts, and estates by
6551-subsections (a) and (b) of Section 201 of this Act, minus
6552-deposits into the Income Tax Refund Fund, into the Fund for the
6553-Advancement of Education:
6554-(1) beginning February 1, 2015, and prior to February
6555-1, 2025, 1/30; and
6556-(2) beginning February 1, 2025, 1/26.
6557-If the rate of tax imposed by subsection (a) and (b) of
6558-Section 201 is reduced pursuant to Section 201.5 of this Act,
6559-the Department shall not make the deposits required by this
6560-subsection (f) on or after the effective date of the
6561-reduction.
6562-(g) Deposits into the Commitment to Human Services Fund.
6563-Beginning February 1, 2015, the Department shall deposit the
6564-following portions of the revenue realized from the tax
6565-imposed upon individuals, trusts, and estates by subsections
6566-(a) and (b) of Section 201 of this Act, minus deposits into the
6567-Income Tax Refund Fund, into the Commitment to Human Services
6568-
6569-
6570-Fund:
6571-(1) beginning February 1, 2015, and prior to February
6572-1, 2025, 1/30; and
6573-(2) beginning February 1, 2025, 1/26.
6574-If the rate of tax imposed by subsection (a) and (b) of
6575-Section 201 is reduced pursuant to Section 201.5 of this Act,
6576-the Department shall not make the deposits required by this
6577-subsection (g) on or after the effective date of the
6578-reduction.
6579-(h) Deposits into the Tax Compliance and Administration
6580-Fund. Beginning on the first day of the first calendar month to
6581-occur on or after August 26, 2014 (the effective date of Public
6582-Act 98-1098), each month the Department shall pay into the Tax
6583-Compliance and Administration Fund, to be used, subject to
6584-appropriation, to fund additional auditors and compliance
6585-personnel at the Department, an amount equal to 1/12 of 5% of
6586-the cash receipts collected during the preceding fiscal year
6587-by the Audit Bureau of the Department from the tax imposed by
6588-subsections (a), (b), (c), and (d) of Section 201 of this Act,
6589-net of deposits into the Income Tax Refund Fund made from those
6590-cash receipts.
6591-(Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21;
6592-102-658, eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff.
6593-4-19-22; 102-813, eff. 5-13-22; 103-8, eff. 6-7-23; 103-154,
6594-eff. 6-30-23.)
6595-
6596-
6597-Section 5-60. The Regional Transportation Authority Act is
6598-amended by changing Section 4.09 as follows:
6599-(70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
6600-Sec. 4.09. Public Transportation Fund and the Regional
6601-Transportation Authority Occupation and Use Tax Replacement
6602-Fund.
6603-(a)(1) Except as otherwise provided in paragraph (4), as
6604-soon as possible after the first day of each month, beginning
6605-July 1, 1984, upon certification of the Department of Revenue,
6606-the Comptroller shall order transferred and the Treasurer
6607-shall transfer from the General Revenue Fund to a special fund
6608-in the State Treasury to be known as the Public Transportation
6609-Fund an amount equal to 25% of the net revenue, before the
6610-deduction of the serviceman and retailer discounts pursuant to
6611-Section 9 of the Service Occupation Tax Act and Section 3 of
6612-the Retailers' Occupation Tax Act, realized from any tax
6613-imposed by the Authority pursuant to Sections 4.03 and 4.03.1
6614-and 25% of the amounts deposited into the Regional
6615-Transportation Authority tax fund created by Section 4.03 of
6616-this Act, from the County and Mass Transit District Fund as
6617-provided in Section 6z-20 of the State Finance Act and 25% of
6618-the amounts deposited into the Regional Transportation
6619-Authority Occupation and Use Tax Replacement Fund from the
6620-State and Local Sales Tax Reform Fund as provided in Section
6621-6z-17 of the State Finance Act. On the first day of the month
6622-
6623-
6624-following the date that the Department receives revenues from
6625-increased taxes under Section 4.03(m) as authorized by Public
6626-Act 95-708, in lieu of the transfers authorized in the
6627-preceding sentence, upon certification of the Department of
6628-Revenue, the Comptroller shall order transferred and the
6629-Treasurer shall transfer from the General Revenue Fund to the
6630-Public Transportation Fund an amount equal to 25% of the net
6631-revenue, before the deduction of the serviceman and retailer
6632-discounts pursuant to Section 9 of the Service Occupation Tax
6633-Act and Section 3 of the Retailers' Occupation Tax Act,
6634-realized from (i) 80% of the proceeds of any tax imposed by the
6635-Authority at a rate of 1.25% in Cook County, (ii) 75% of the
6636-proceeds of any tax imposed by the Authority at the rate of 1%
6637-in Cook County, and (iii) one-third of the proceeds of any tax
6638-imposed by the Authority at the rate of 0.75% in the Counties
6639-of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
6640-Section 4.03, and 25% of the net revenue realized from any tax
6641-imposed by the Authority pursuant to Section 4.03.1, and 25%
6642-of the amounts deposited into the Regional Transportation
6643-Authority tax fund created by Section 4.03 of this Act from the
6644-County and Mass Transit District Fund as provided in Section
6645-6z-20 of the State Finance Act, and 25% of the amounts
6646-deposited into the Regional Transportation Authority
6647-Occupation and Use Tax Replacement Fund from the State and
6648-Local Sales Tax Reform Fund as provided in Section 6z-17 of the
6649-State Finance Act. As used in this Section, net revenue
6650-
6651-
6652-realized for a month shall be the revenue collected by the
6653-State pursuant to Sections 4.03 and 4.03.1 during the previous
6654-month from within the metropolitan region, less the amount
6655-paid out during that same month as refunds to taxpayers for
6656-overpayment of liability in the metropolitan region under
6657-Sections 4.03 and 4.03.1.
6658-Notwithstanding any provision of law to the contrary,
6659-beginning on July 6, 2017 (the effective date of Public Act
6660-100-23), those amounts required under this paragraph (1) of
6661-subsection (a) to be transferred by the Treasurer into the
6662-Public Transportation Fund from the General Revenue Fund shall
6663-be directly deposited into the Public Transportation Fund as
6664-the revenues are realized from the taxes indicated.
6665-(2) Except as otherwise provided in paragraph (4), on
6666-February 1, 2009 (the first day of the month following the
6667-effective date of Public Act 95-708) and each month
6668-thereafter, upon certification by the Department of Revenue,
6669-the Comptroller shall order transferred and the Treasurer
6670-shall transfer from the General Revenue Fund to the Public
6671-Transportation Fund an amount equal to 5% of the net revenue,
6672-before the deduction of the serviceman and retailer discounts
6673-pursuant to Section 9 of the Service Occupation Tax Act and
6674-Section 3 of the Retailers' Occupation Tax Act, realized from
6675-any tax imposed by the Authority pursuant to Sections 4.03 and
6676-4.03.1 and certified by the Department of Revenue under
6677-Section 4.03(n) of this Act to be paid to the Authority and 5%
6678-
6679-
6680-of the amounts deposited into the Regional Transportation
6681-Authority tax fund created by Section 4.03 of this Act from the
6682-County and Mass Transit District Fund as provided in Section
6683-6z-20 of the State Finance Act, and 5% of the amounts deposited
6684-into the Regional Transportation Authority Occupation and Use
6685-Tax Replacement Fund from the State and Local Sales Tax Reform
6686-Fund as provided in Section 6z-17 of the State Finance Act, and
6687-5% of the revenue realized by the Chicago Transit Authority as
6688-financial assistance from the City of Chicago from the
6689-proceeds of any tax imposed by the City of Chicago under
6690-Section 8-3-19 of the Illinois Municipal Code.
6691-Notwithstanding any provision of law to the contrary,
6692-beginning on July 6, 2017 (the effective date of Public Act
6693-100-23), those amounts required under this paragraph (2) of
6694-subsection (a) to be transferred by the Treasurer into the
6695-Public Transportation Fund from the General Revenue Fund shall
6696-be directly deposited into the Public Transportation Fund as
6697-the revenues are realized from the taxes indicated.
6698-(3) Except as otherwise provided in paragraph (4), as soon
6699-as possible after the first day of January, 2009 and each month
6700-thereafter, upon certification of the Department of Revenue
6701-with respect to the taxes collected under Section 4.03, the
6702-Comptroller shall order transferred and the Treasurer shall
6703-transfer from the General Revenue Fund to the Public
6704-Transportation Fund an amount equal to 25% of the net revenue,
6705-before the deduction of the serviceman and retailer discounts
6706-
6707-
6708-pursuant to Section 9 of the Service Occupation Tax Act and
6709-Section 3 of the Retailers' Occupation Tax Act, realized from
6710-(i) 20% of the proceeds of any tax imposed by the Authority at
6711-a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
6712-tax imposed by the Authority at the rate of 1% in Cook County,
6713-and (iii) one-third of the proceeds of any tax imposed by the
6714-Authority at the rate of 0.75% in the Counties of DuPage, Kane,
6715-Lake, McHenry, and Will, all pursuant to Section 4.03, and the
6716-Comptroller shall order transferred and the Treasurer shall
6717-transfer from the General Revenue Fund to the Public
6718-Transportation Fund (iv) an amount equal to 25% of the revenue
6719-realized by the Chicago Transit Authority as financial
6720-assistance from the City of Chicago from the proceeds of any
6721-tax imposed by the City of Chicago under Section 8-3-19 of the
6722-Illinois Municipal Code.
6723-Notwithstanding any provision of law to the contrary,
6724-beginning on July 6, 2017 (the effective date of Public Act
6725-100-23), those amounts required under this paragraph (3) of
6726-subsection (a) to be transferred by the Treasurer into the
6727-Public Transportation Fund from the General Revenue Fund shall
6728-be directly deposited into the Public Transportation Fund as
6729-the revenues are realized from the taxes indicated.
6730-(4) Notwithstanding any provision of law to the contrary,
6731-for the State fiscal year beginning July 1, 2024 and each State
6732-fiscal year thereafter of the transfers to be made under
6733-paragraphs (1), (2), and (3) of this subsection (a) from the
6734-
6735-
6736-General Revenue Fund to the Public Transportation Fund, the
6737-first $150,000,000 that would have otherwise been transferred
6738-from the General Revenue Fund and deposited into the Public
6739-Transportation Fund as provided in paragraphs (1), (2), and
6740-(3) of this subsection (a) shall instead be transferred from
6741-the Road Fund by the Treasurer upon certification by the
6742-Department of Revenue and order of the Comptroller. For the
6743-State fiscal year beginning July 1, 2024, only, the next
6744-$75,000,000 that would have otherwise been transferred from
6745-the General Revenue Fund and deposited into the Public
6746-Transportation Fund as provided in paragraphs (1), (2), and
6747-(3) of this subsection (a) shall instead be transferred from
6748-the Road Fund and deposited into the Public Transportation
6749-Fund by the Treasurer upon certification by the Department of
6750-Revenue and order of the Comptroller. The funds authorized and
6751-transferred pursuant to this amendatory Act of the 103rd
6752-General Assembly are not intended or planned for road
6753-construction projects. For the State fiscal year beginning
6754-July 1, 2024, only, the next $50,000,000 that would have
6755-otherwise been transferred from the General Revenue Fund and
6756-deposited into the Public Transportation Fund as provided in
6757-paragraphs (1), (2), and (3) of this subsection (a) shall
6758-instead be transferred from the Underground Storage Tank Fund
6759-and deposited into the Public Transportation Fund by the
6760-Treasurer upon certification by the Department of Revenue and
6761-order of the Comptroller. The remaining balance of such
6762-
6763-
6764-transfers shall be deposited each State fiscal year as
6765-otherwise provided in paragraphs (1), (2), and (3) of this
6766-subsection (a) made from the General Revenue Fund.
6767-(5) (Blank).
6768-(6) (Blank).
6769-(7) For State fiscal year 2020 only, notwithstanding any
6770-provision of law to the contrary, the total amount of revenue
6771-and deposits under this Section attributable to revenues
6772-realized during State fiscal year 2020 shall be reduced by 5%.
6773-(8) For State fiscal year 2021 only, notwithstanding any
6774-provision of law to the contrary, the total amount of revenue
6775-and deposits under this Section attributable to revenues
6776-realized during State fiscal year 2021 shall be reduced by 5%.
6777-(b)(1) All moneys deposited in the Public Transportation
6778-Fund and the Regional Transportation Authority Occupation and
6779-Use Tax Replacement Fund, whether deposited pursuant to this
6780-Section or otherwise, are allocated to the Authority, except
6781-for amounts appropriated to the Office of the Executive
6782-Inspector General as authorized by subsection (h) of Section
6783-4.03.3 and amounts transferred to the Audit Expense Fund
6784-pursuant to Section 6z-27 of the State Finance Act. The
6785-Comptroller, as soon as possible after each monthly transfer
6786-provided in this Section and after each deposit into the
6787-Public Transportation Fund, shall order the Treasurer to pay
6788-to the Authority out of the Public Transportation Fund the
6789-amount so transferred or deposited. Any Additional State
6790-
6791-
6792-Assistance and Additional Financial Assistance paid to the
6793-Authority under this Section shall be expended by the
6794-Authority for its purposes as provided in this Act. The
6795-balance of the amounts paid to the Authority from the Public
6796-Transportation Fund shall be expended by the Authority as
6797-provided in Section 4.03.3. The Comptroller, as soon as
6798-possible after each deposit into the Regional Transportation
6799-Authority Occupation and Use Tax Replacement Fund provided in
6800-this Section and Section 6z-17 of the State Finance Act, shall
6801-order the Treasurer to pay to the Authority out of the Regional
6802-Transportation Authority Occupation and Use Tax Replacement
6803-Fund the amount so deposited. Such amounts paid to the
6804-Authority may be expended by it for its purposes as provided in
6805-this Act. The provisions directing the distributions from the
6806-Public Transportation Fund and the Regional Transportation
6807-Authority Occupation and Use Tax Replacement Fund provided for
6808-in this Section shall constitute an irrevocable and continuing
6809-appropriation of all amounts as provided herein. The State
6810-Treasurer and State Comptroller are hereby authorized and
6811-directed to make distributions as provided in this Section.
6812-(2) Provided, however, no moneys deposited under subsection
6813-(a) of this Section shall be paid from the Public
6814-Transportation Fund to the Authority or its assignee for any
6815-fiscal year until the Authority has certified to the Governor,
6816-the Comptroller, and the Mayor of the City of Chicago that it
6817-has adopted for that fiscal year an Annual Budget and Two-Year
6818-
6819-
6820-Financial Plan meeting the requirements in Section 4.01(b).
6821-(c) In recognition of the efforts of the Authority to
6822-enhance the mass transportation facilities under its control,
6823-the State shall provide financial assistance ("Additional
6824-State Assistance") in excess of the amounts transferred to the
6825-Authority from the General Revenue Fund under subsection (a)
6826-of this Section. Additional State Assistance shall be
6827-calculated as provided in subsection (d), but shall in no
6828-event exceed the following specified amounts with respect to
6829-the following State fiscal years:
6830-1990$5,000,000; 1991$5,000,000; 1992$10,000,000; 1993$10,000,000; 1994$20,000,000; 1995$30,000,000; 1996$40,000,000; 1997$50,000,000; 1998$55,000,000; and each year thereafter$55,000,000. 1990 $5,000,000; 1991 $5,000,000; 1992 $10,000,000; 1993 $10,000,000; 1994 $20,000,000; 1995 $30,000,000; 1996 $40,000,000; 1997 $50,000,000; 1998 $55,000,000; and each year thereafter $55,000,000.
6831-1990 $5,000,000;
6832-1991 $5,000,000;
6833-1992 $10,000,000;
6834-1993 $10,000,000;
6835-1994 $20,000,000;
6836-1995 $30,000,000;
6837-1996 $40,000,000;
6838-1997 $50,000,000;
6839-1998 $55,000,000; and
6840-each year thereafter $55,000,000.
6841-(c-5) The State shall provide financial assistance
6842-("Additional Financial Assistance") in addition to the
6843-Additional State Assistance provided by subsection (c) and the
6844-amounts transferred to the Authority from the General Revenue
6845-Fund under subsection (a) of this Section. Additional
6846-Financial Assistance provided by this subsection shall be
6847-
6848-
6849-1990 $5,000,000;
6850-1991 $5,000,000;
6851-1992 $10,000,000;
6852-1993 $10,000,000;
6853-1994 $20,000,000;
6854-1995 $30,000,000;
6855-1996 $40,000,000;
6856-1997 $50,000,000;
6857-1998 $55,000,000; and
6858-each year thereafter $55,000,000.
6859-
6860-
6861-calculated as provided in subsection (d), but shall in no
6862-event exceed the following specified amounts with respect to
6863-the following State fiscal years:
6864-2000$0; 2001$16,000,000; 2002$35,000,000; 2003$54,000,000; 2004$73,000,000; 2005$93,000,000; and each year thereafter$100,000,000. 2000 $0; 2001 $16,000,000; 2002 $35,000,000; 2003 $54,000,000; 2004 $73,000,000; 2005 $93,000,000; and each year thereafter $100,000,000.
6865-2000 $0;
6866-2001 $16,000,000;
6867-2002 $35,000,000;
6868-2003 $54,000,000;
6869-2004 $73,000,000;
6870-2005 $93,000,000; and
6871-each year thereafter $100,000,000.
6872-(d) Beginning with State fiscal year 1990 and continuing
6873-for each State fiscal year thereafter, the Authority shall
6874-annually certify to the State Comptroller and State Treasurer,
6875-separately with respect to each of subdivisions (g)(2) and
6876-(g)(3) of Section 4.04 of this Act, the following amounts:
6877-(1) The amount necessary and required, during the
6878-State fiscal year with respect to which the certification
6879-is made, to pay its obligations for debt service on all
6880-outstanding bonds or notes issued by the Authority under
6881-subdivisions (g)(2) and (g)(3) of Section 4.04 of this
6882-Act.
6883-(2) An estimate of the amount necessary and required
6884-to pay its obligations for debt service for any bonds or
6885-notes which the Authority anticipates it will issue under
6886-subdivisions (g)(2) and (g)(3) of Section 4.04 during that
6887-State fiscal year.
6888-
6889-
6890-2000 $0;
6891-2001 $16,000,000;
6892-2002 $35,000,000;
6893-2003 $54,000,000;
6894-2004 $73,000,000;
6895-2005 $93,000,000; and
6896-each year thereafter $100,000,000.
6897-
6898-
6899-(3) Its debt service savings during the preceding
6900-State fiscal year from refunding or advance refunding of
6901-bonds or notes issued under subdivisions (g)(2) and (g)(3)
6902-of Section 4.04.
6903-(4) The amount of interest, if any, earned by the
6904-Authority during the previous State fiscal year on the
6905-proceeds of bonds or notes issued pursuant to subdivisions
6906-(g)(2) and (g)(3) of Section 4.04, other than refunding or
6907-advance refunding bonds or notes.
6908-The certification shall include a specific schedule of
6909-debt service payments, including the date and amount of each
6910-payment for all outstanding bonds or notes and an estimated
6911-schedule of anticipated debt service for all bonds and notes
6912-it intends to issue, if any, during that State fiscal year,
6913-including the estimated date and estimated amount of each
6914-payment.
6915-Immediately upon the issuance of bonds for which an
6916-estimated schedule of debt service payments was prepared, the
6917-Authority shall file an amended certification with respect to
6918-item (2) above, to specify the actual schedule of debt service
6919-payments, including the date and amount of each payment, for
6920-the remainder of the State fiscal year.
6921-On the first day of each month of the State fiscal year in
6922-which there are bonds outstanding with respect to which the
6923-certification is made, the State Comptroller shall order
6924-transferred and the State Treasurer shall transfer from the
6925-
6926-
6927-Road Fund to the Public Transportation Fund the Additional
6928-State Assistance and Additional Financial Assistance in an
6929-amount equal to the aggregate of (i) one-twelfth of the sum of
6930-the amounts certified under items (1) and (3) above less the
6931-amount certified under item (4) above, plus (ii) the amount
6932-required to pay debt service on bonds and notes issued during
6933-the fiscal year, if any, divided by the number of months
6934-remaining in the fiscal year after the date of issuance, or
6935-some smaller portion as may be necessary under subsection (c)
6936-or (c-5) of this Section for the relevant State fiscal year,
6937-plus (iii) any cumulative deficiencies in transfers for prior
6938-months, until an amount equal to the sum of the amounts
6939-certified under items (1) and (3) above, plus the actual debt
6940-service certified under item (2) above, less the amount
6941-certified under item (4) above, has been transferred; except
6942-that these transfers are subject to the following limits:
6943-(A) In no event shall the total transfers in any State
6944-fiscal year relating to outstanding bonds and notes issued
6945-by the Authority under subdivision (g)(2) of Section 4.04
6946-exceed the lesser of the annual maximum amount specified
6947-in subsection (c) or the sum of the amounts certified
6948-under items (1) and (3) above, plus the actual debt
6949-service certified under item (2) above, less the amount
6950-certified under item (4) above, with respect to those
6951-bonds and notes.
6952-(B) In no event shall the total transfers in any State
6953-
6954-
6955-fiscal year relating to outstanding bonds and notes issued
6956-by the Authority under subdivision (g)(3) of Section 4.04
6957-exceed the lesser of the annual maximum amount specified
6958-in subsection (c-5) or the sum of the amounts certified
6959-under items (1) and (3) above, plus the actual debt
6960-service certified under item (2) above, less the amount
6961-certified under item (4) above, with respect to those
6962-bonds and notes.
6963-The term "outstanding" does not include bonds or notes for
6964-which refunding or advance refunding bonds or notes have been
6965-issued.
6966-(e) Neither Additional State Assistance nor Additional
6967-Financial Assistance may be pledged, either directly or
6968-indirectly as general revenues of the Authority, as security
6969-for any bonds issued by the Authority. The Authority may not
6970-assign its right to receive Additional State Assistance or
6971-Additional Financial Assistance, or direct payment of
6972-Additional State Assistance or Additional Financial
6973-Assistance, to a trustee or any other entity for the payment of
6974-debt service on its bonds.
6975-(f) The certification required under subsection (d) with
6976-respect to outstanding bonds and notes of the Authority shall
6977-be filed as early as practicable before the beginning of the
6978-State fiscal year to which it relates. The certification shall
6979-be revised as may be necessary to accurately state the debt
6980-service requirements of the Authority.
6981-
6982-
6983-(g) Within 6 months of the end of each fiscal year, the
6984-Authority shall determine:
6985-(i) whether the aggregate of all system generated
6986-revenues for public transportation in the metropolitan
6987-region which is provided by, or under grant or purchase of
6988-service contracts with, the Service Boards equals 50% of
6989-the aggregate of all costs of providing such public
6990-transportation. "System generated revenues" include all
6991-the proceeds of fares and charges for services provided,
6992-contributions received in connection with public
6993-transportation from units of local government other than
6994-the Authority, except for contributions received by the
6995-Chicago Transit Authority from a real estate transfer tax
6996-imposed under subsection (i) of Section 8-3-19 of the
6997-Illinois Municipal Code, and from the State pursuant to
6998-subsection (i) of Section 2705-305 of the Department of
6999-Transportation Law, and all other revenues properly
7000-included consistent with generally accepted accounting
7001-principles but may not include: the proceeds from any
7002-borrowing, and, beginning with the 2007 fiscal year, all
7003-revenues and receipts, including but not limited to fares
7004-and grants received from the federal, State or any unit of
7005-local government or other entity, derived from providing
7006-ADA paratransit service pursuant to Section 2.30 of the
7007-Regional Transportation Authority Act. "Costs" include all
7008-items properly included as operating costs consistent with
7009-
7010-
7011-generally accepted accounting principles, including
7012-administrative costs, but do not include: depreciation;
7013-payment of principal and interest on bonds, notes or other
7014-evidences of obligations for borrowed money of the
7015-Authority; payments with respect to public transportation
7016-facilities made pursuant to subsection (b) of Section
7017-2.20; any payments with respect to rate protection
7018-contracts, credit enhancements or liquidity agreements
7019-made under Section 4.14; any other cost as to which it is
7020-reasonably expected that a cash expenditure will not be
7021-made; costs for passenger security including grants,
7022-contracts, personnel, equipment and administrative
7023-expenses, except in the case of the Chicago Transit
7024-Authority, in which case the term does not include costs
7025-spent annually by that entity for protection against crime
7026-as required by Section 27a of the Metropolitan Transit
7027-Authority Act; the costs of Debt Service paid by the
7028-Chicago Transit Authority, as defined in Section 12c of
7029-the Metropolitan Transit Authority Act, or bonds or notes
7030-issued pursuant to that Section; the payment by the
7031-Commuter Rail Division of debt service on bonds issued
7032-pursuant to Section 3B.09; expenses incurred by the
7033-Suburban Bus Division for the cost of new public
7034-transportation services funded from grants pursuant to
7035-Section 2.01e of this Act for a period of 2 years from the
7036-date of initiation of each such service; costs as exempted
7037-
7038-
7039-by the Board for projects pursuant to Section 2.09 of this
7040-Act; or, beginning with the 2007 fiscal year, expenses
7041-related to providing ADA paratransit service pursuant to
7042-Section 2.30 of the Regional Transportation Authority Act;
7043-or in fiscal years 2008 through 2012 inclusive, costs in
7044-the amount of $200,000,000 in fiscal year 2008, reducing
7045-by $40,000,000 in each fiscal year thereafter until this
7046-exemption is eliminated. If said system generated revenues
7047-are less than 50% of said costs, the Board shall remit an
7048-amount equal to the amount of the deficit to the State;
7049-however, due to the fiscal impacts from the COVID-19
7050-pandemic, for fiscal years 2021, 2022, 2023, 2024, and
7051-2025, no such payment shall be required. The Treasurer
7052-shall deposit any such payment in the Road Fund; and
7053-(ii) whether, beginning with the 2007 fiscal year, the
7054-aggregate of all fares charged and received for ADA
7055-paratransit services equals the system generated ADA
7056-paratransit services revenue recovery ratio percentage of
7057-the aggregate of all costs of providing such ADA
7058-paratransit services.
7059-(h) If the Authority makes any payment to the State under
7060-paragraph (g), the Authority shall reduce the amount provided
7061-to a Service Board from funds transferred under paragraph (a)
7062-in proportion to the amount by which that Service Board failed
7063-to meet its required system generated revenues recovery ratio.
7064-A Service Board which is affected by a reduction in funds under
7065-
7066-
7067-this paragraph shall submit to the Authority concurrently with
7068-its next due quarterly report a revised budget incorporating
7069-the reduction in funds. The revised budget must meet the
7070-criteria specified in clauses (i) through (vi) of Section
7071-4.11(b)(2). The Board shall review and act on the revised
7072-budget as provided in Section 4.11(b)(3).
7073-(Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24.)
7074-Section 5-65. The Mental Health Early Action on Campus Act
7075-is amended by changing Section 55 as follows:
7076-(110 ILCS 58/55)
7077-Sec. 55. Funding. This Act is subject to appropriation.
7078-The Commission on Government Forecasting and Accountability,
7079-in conjunction with the Illinois Community College Board and
7080-the Board of Higher Education, must make recommendations to
7081-the General Assembly on the amounts necessary to implement
7082-this Act. The initial recommendation must be provided by the
7083-Commission no later than December 31, 2019. Any appropriation
7084-provided in advance of this initial recommendation may be used
7085-for planning purposes. No Section of this Act may be funded by
7086-student fees created on or after July 1, 2020. Public colleges
7087-or universities may seek federal funding or private grants, if
7088-available, to support the provisions of this Act. In order to
7089-raise mental health awareness on college campuses through
7090-training, peer support, and local partnerships, the Board of
7091-
7092-
7093-Higher Education may, subject to appropriation, establish and
7094-administer a grant program to assist public universities in
7095-implementing this Act.
7096-(Source: P.A. 101-251, eff. 8-9-19.)
7097-Section 5-70. The Illinois Health Benefits Exchange Law is
7098-amended by changing Section 5-30 as follows:
7099-(215 ILCS 122/5-30)
7100-(Section scheduled to be repealed on January 1, 2025)
7101-Sec. 5-30. Transfers from Insurance Producer
7102-Administration Fund.
7103-(a) During fiscal year 2024 only, at the direction of and
7104-upon notification from the Director of Insurance, the State
7105-Comptroller shall direct and the State Treasurer shall
7106-transfer up to a total of $10,000,000 from the Insurance
7107-Producer Administration Fund to the Illinois Health Benefits
7108-Exchange Fund.
7109-(b) During fiscal year 2025 only, at the direction of and
7110-upon notification from the Director of Insurance, the State
7111-Comptroller shall direct and the State Treasurer shall
7112-transfer up to a total of $15,500,000 from the Insurance
7113-Producer Administration Fund to the Illinois Health Benefits
7114-Exchange Fund.
7115-(c) This Section is repealed on January 1, 2026 2025.
7116-(Source: P.A. 103-8, eff. 6-7-23.)
7117-
7118-
7119-Section 5-72. The African-American HIV/AIDS Response Act
7120-is amended by changing Section 27 as follows:
7121-(410 ILCS 303/27)
7122-Sec. 27. African-American HIV/AIDS Response Fund.
7123-(a) The African-American HIV/AIDS Response Fund is created
7124-as a special fund in the State treasury. Moneys deposited into
7125-the Fund shall, subject to appropriation, be used for grants
7126-for programs to prevent the transmission of HIV and other
7127-programs and activities consistent with the purposes of this
7128-Act, including, but not limited to, preventing and treating
7129-HIV/AIDS, the creation of an HIV/AIDS service delivery system,
7130-and the administration of the Act. The grants under this
7131-Section may be administered by a lead agent selected by the
7132-Department of Public Health, considering the entity's ability
7133-to administer grants and familiarity with the grantees'
7134-programs, and that selection shall be exempt from the public
7135-notice of funding opportunity under the Grant Accountability
7136-and Transparency Act or any rule regarding the public notice
7137-of funding opportunity adopted under that Act. The lead agent
7138-must demonstrate the ability to administer the grant to
7139-subgrantees in compliance with the requirements of the Grant
7140-Accountability and Transparency Act. Moneys for the Fund shall
7141-come from appropriations by the General Assembly, federal
7142-funds, and other public resources.
7143-
7144-
7145-(b) The Fund shall provide resources for communities in
7146-Illinois to create an HIV/AIDS service delivery system that
7147-reduces the disparity of HIV infection and AIDS cases between
7148-African-Americans and other population groups in Illinois that
7149-may be impacted by the disease by, including but, not limited
7150-to:
7151-(1) developing, implementing, and maintaining a
7152-comprehensive, culturally sensitive HIV Prevention Plan
7153-targeting communities that are identified as high-risk in
7154-terms of the impact of the disease on African-Americans;
7155-(2) developing, implementing, and maintaining a stable
7156-HIV/AIDS service delivery infrastructure in Illinois
7157-communities that will meet the needs of African-Americans;
7158-(3) developing, implementing, and maintaining a
7159-statewide HIV/AIDS testing program;
7160-(4) providing funding for HIV/AIDS social and
7161-scientific research to improve prevention and treatment;
7162-(5) providing comprehensive technical and other
7163-assistance to African-American community service
7164-organizations that are involved in HIV/AIDS prevention and
7165-treatment;
7166-(6) developing, implementing, and maintaining an
7167-infrastructure for African-American community service
7168-organizations to make them less dependent on government
7169-resources;
7170-(7) (blank); and
7171-
7172-
7173-(8) creating, maintaining, or creating and maintaining
7174-at least one Black-led Center of Excellence HIV Biomedical
7175-Resource Hub for every $3,000,000 of available funding to
7176-improve Black health and eliminate Black HIV-related
7177-health disparities; a Center of Excellence may be
7178-developed on a stand-alone or a collaborative basis and
7179-may provide regional comprehensive HIV preventative care
7180-and essential support services, which may include, but are
7181-not limited to, PrEP assessment, same day prescription
7182-delivery, primary HIV medical care or referral, case
7183-management, outpatient mental health, outpatient substance
7184-abuse, treatment, medication adherence, nutritional
7185-supplemental support, housing, financial assistance,
7186-workforce development, criminal justice involvement, and
7187-advocacy services.
7188-(c) When providing grants pursuant to this Fund, the
7189-Department of Public Health shall give priority to the
7190-development of comprehensive medical and social services to
7191-African-Americans at risk of infection from or infected with
7192-HIV/AIDS in areas of the State determined to have the greatest
7193-geographic prevalence of HIV/AIDS in the African-American
7194-population.
7195-(d) (Blank).
7196-(Source: P.A. 102-1052, eff. 1-1-23.)
7197-Section 5-75. The Environmental Protection Act is amended
7198-
7199-
7200-by changing Sections 22.15, 55.6, and 57.11 as follows:
7201-(415 ILCS 5/22.15)
7202-Sec. 22.15. Solid Waste Management Fund; fees.
7203-(a) There is hereby created within the State Treasury a
7204-special fund to be known as the Solid Waste Management Fund, to
7205-be constituted from the fees collected by the State pursuant
7206-to this Section, from repayments of loans made from the Fund
7207-for solid waste projects, from registration fees collected
7208-pursuant to the Consumer Electronics Recycling Act, from fees
7209-collected under the Paint Stewardship Act, and from amounts
7210-transferred into the Fund pursuant to Public Act 100-433.
7211-Moneys received by either the Agency or the Department of
7212-Commerce and Economic Opportunity in repayment of loans made
7213-pursuant to the Illinois Solid Waste Management Act shall be
7214-deposited into the General Revenue Fund.
7215-(b) The Agency shall assess and collect a fee in the amount
7216-set forth herein from the owner or operator of each sanitary
7217-landfill permitted or required to be permitted by the Agency
7218-to dispose of solid waste if the sanitary landfill is located
7219-off the site where such waste was produced and if such sanitary
7220-landfill is owned, controlled, and operated by a person other
7221-than the generator of such waste. The Agency shall deposit all
7222-fees collected into the Solid Waste Management Fund. If a site
7223-is contiguous to one or more landfills owned or operated by the
7224-same person, the volumes permanently disposed of by each
7225-
7226-
7227-landfill shall be combined for purposes of determining the fee
7228-under this subsection. Beginning on July 1, 2018, and on the
7229-first day of each month thereafter during fiscal years 2019
7230-through 2025 2024, the State Comptroller shall direct and
7231-State Treasurer shall transfer an amount equal to 1/12 of
7232-$5,000,000 per fiscal year from the Solid Waste Management
7233-Fund to the General Revenue Fund.
7234-(1) If more than 150,000 cubic yards of non-hazardous
7235-solid waste is permanently disposed of at a site in a
7236-calendar year, the owner or operator shall either pay a
7237-fee of 95 cents per cubic yard or, alternatively, the
7238-owner or operator may weigh the quantity of the solid
7239-waste permanently disposed of with a device for which
7240-certification has been obtained under the Weights and
7241-Measures Act and pay a fee of $2.00 per ton of solid waste
7242-permanently disposed of. In no case shall the fee
7243-collected or paid by the owner or operator under this
7244-paragraph exceed $1.55 per cubic yard or $3.27 per ton.
7245-(2) If more than 100,000 cubic yards but not more than
7246-150,000 cubic yards of non-hazardous waste is permanently
7247-disposed of at a site in a calendar year, the owner or
7248-operator shall pay a fee of $52,630.
7249-(3) If more than 50,000 cubic yards but not more than
7250-100,000 cubic yards of non-hazardous solid waste is
7251-permanently disposed of at a site in a calendar year, the
7252-owner or operator shall pay a fee of $23,790.
7253-
7254-
7255-(4) If more than 10,000 cubic yards but not more than
7256-50,000 cubic yards of non-hazardous solid waste is
7257-permanently disposed of at a site in a calendar year, the
7258-owner or operator shall pay a fee of $7,260.
7259-(5) If not more than 10,000 cubic yards of
7260-non-hazardous solid waste is permanently disposed of at a
7261-site in a calendar year, the owner or operator shall pay a
7262-fee of $1050.
7263-(c) (Blank).
7264-(d) The Agency shall establish rules relating to the
7265-collection of the fees authorized by this Section. Such rules
7266-shall include, but not be limited to:
7267-(1) necessary records identifying the quantities of
7268-solid waste received or disposed;
7269-(2) the form and submission of reports to accompany
7270-the payment of fees to the Agency;
7271-(3) the time and manner of payment of fees to the
7272-Agency, which payments shall not be more often than
7273-quarterly; and
7274-(4) procedures setting forth criteria establishing
7275-when an owner or operator may measure by weight or volume
7276-during any given quarter or other fee payment period.
7277-(e) Pursuant to appropriation, all monies in the Solid
7278-Waste Management Fund shall be used by the Agency for the
7279-purposes set forth in this Section and in the Illinois Solid
7280-Waste Management Act, including for the costs of fee
7281-
7282-
7283-collection and administration, for administration of the Paint
7284-Stewardship Act, and for the administration of the Consumer
7285-Electronics Recycling Act, the Drug Take-Back Act, and the
7286-Statewide Recycling Needs Assessment Act.
7287-(f) The Agency is authorized to enter into such agreements
7288-and to promulgate such rules as are necessary to carry out its
7289-duties under this Section and the Illinois Solid Waste
7290-Management Act.
7291-(g) On the first day of January, April, July, and October
7292-of each year, beginning on July 1, 1996, the State Comptroller
7293-and Treasurer shall transfer $500,000 from the Solid Waste
7294-Management Fund to the Hazardous Waste Fund. Moneys
7295-transferred under this subsection (g) shall be used only for
7296-the purposes set forth in item (1) of subsection (d) of Section
7297-22.2.
7298-(h) The Agency is authorized to provide financial
7299-assistance to units of local government for the performance of
7300-inspecting, investigating, and enforcement activities pursuant
7301-to subsection (r) of Section 4 at nonhazardous solid waste
7302-disposal sites.
7303-(i) The Agency is authorized to conduct household waste
7304-collection and disposal programs.
7305-(j) A unit of local government, as defined in the Local
7306-Solid Waste Disposal Act, in which a solid waste disposal
7307-facility is located may establish a fee, tax, or surcharge
7308-with regard to the permanent disposal of solid waste. All
7309-
7310-
7311-fees, taxes, and surcharges collected under this subsection
7312-shall be utilized for solid waste management purposes,
7313-including long-term monitoring and maintenance of landfills,
7314-planning, implementation, inspection, enforcement and other
7315-activities consistent with the Illinois Solid Waste Management
7316-Act and the Local Solid Waste Disposal Act, or for any other
7317-environment-related purpose, including, but not limited to, an
7318-environment-related public works project, but not for the
7319-construction of a new pollution control facility other than a
7320-household hazardous waste facility. However, the total fee,
7321-tax or surcharge imposed by all units of local government
7322-under this subsection (j) upon the solid waste disposal
7323-facility shall not exceed:
7324-(1) 60 per cubic yard if more than 150,000 cubic
7325-yards of non-hazardous solid waste is permanently disposed
7326-of at the site in a calendar year, unless the owner or
7327-operator weighs the quantity of the solid waste received
7328-with a device for which certification has been obtained
7329-under the Weights and Measures Act, in which case the fee
7330-shall not exceed $1.27 per ton of solid waste permanently
7331-disposed of.
7332-(2) $33,350 if more than 100,000 cubic yards, but not
7333-more than 150,000 cubic yards, of non-hazardous waste is
7334-permanently disposed of at the site in a calendar year.
7335-(3) $15,500 if more than 50,000 cubic yards, but not
7336-more than 100,000 cubic yards, of non-hazardous solid
7337-
7338-
7339-waste is permanently disposed of at the site in a calendar
7340-year.
7341-(4) $4,650 if more than 10,000 cubic yards, but not
7342-more than 50,000 cubic yards, of non-hazardous solid waste
7343-is permanently disposed of at the site in a calendar year.
7344-(5) $650 if not more than 10,000 cubic yards of
7345-non-hazardous solid waste is permanently disposed of at
7346-the site in a calendar year.
7347-The corporate authorities of the unit of local government
7348-may use proceeds from the fee, tax, or surcharge to reimburse a
7349-highway commissioner whose road district lies wholly or
7350-partially within the corporate limits of the unit of local
7351-government for expenses incurred in the removal of
7352-nonhazardous, nonfluid municipal waste that has been dumped on
7353-public property in violation of a State law or local
7354-ordinance.
7355-For the disposal of solid waste from general construction
7356-or demolition debris recovery facilities as defined in
7357-subsection (a-1) of Section 3.160, the total fee, tax, or
7358-surcharge imposed by all units of local government under this
7359-subsection (j) upon the solid waste disposal facility shall
7360-not exceed 50% of the applicable amount set forth above. A unit
7361-of local government, as defined in the Local Solid Waste
7362-Disposal Act, in which a general construction or demolition
7363-debris recovery facility is located may establish a fee, tax,
7364-or surcharge on the general construction or demolition debris
7365-
7366-
7367-recovery facility with regard to the permanent disposal of
7368-solid waste by the general construction or demolition debris
7369-recovery facility at a solid waste disposal facility, provided
7370-that such fee, tax, or surcharge shall not exceed 50% of the
7371-applicable amount set forth above, based on the total amount
7372-of solid waste transported from the general construction or
7373-demolition debris recovery facility for disposal at solid
7374-waste disposal facilities, and the unit of local government
7375-and fee shall be subject to all other requirements of this
7376-subsection (j).
7377-A county or Municipal Joint Action Agency that imposes a
7378-fee, tax, or surcharge under this subsection may use the
7379-proceeds thereof to reimburse a municipality that lies wholly
7380-or partially within its boundaries for expenses incurred in
7381-the removal of nonhazardous, nonfluid municipal waste that has
7382-been dumped on public property in violation of a State law or
7383-local ordinance.
7384-If the fees are to be used to conduct a local sanitary
7385-landfill inspection or enforcement program, the unit of local
7386-government must enter into a written delegation agreement with
7387-the Agency pursuant to subsection (r) of Section 4. The unit of
7388-local government and the Agency shall enter into such a
7389-written delegation agreement within 60 days after the
7390-establishment of such fees. At least annually, the Agency
7391-shall conduct an audit of the expenditures made by units of
7392-local government from the funds granted by the Agency to the
7393-
7394-
7395-units of local government for purposes of local sanitary
7396-landfill inspection and enforcement programs, to ensure that
7397-the funds have been expended for the prescribed purposes under
7398-the grant.
7399-The fees, taxes or surcharges collected under this
7400-subsection (j) shall be placed by the unit of local government
7401-in a separate fund, and the interest received on the moneys in
7402-the fund shall be credited to the fund. The monies in the fund
7403-may be accumulated over a period of years to be expended in
7404-accordance with this subsection.
7405-A unit of local government, as defined in the Local Solid
7406-Waste Disposal Act, shall prepare and post on its website, in
7407-April of each year, a report that details spending plans for
7408-monies collected in accordance with this subsection. The
7409-report will at a minimum include the following:
7410-(1) The total monies collected pursuant to this
7411-subsection.
7412-(2) The most current balance of monies collected
7413-pursuant to this subsection.
7414-(3) An itemized accounting of all monies expended for
7415-the previous year pursuant to this subsection.
7416-(4) An estimation of monies to be collected for the
7417-following 3 years pursuant to this subsection.
7418-(5) A narrative detailing the general direction and
7419-scope of future expenditures for one, 2 and 3 years.
7420-The exemptions granted under Sections 22.16 and 22.16a,
7421-
7422-
7423-and under subsection (k) of this Section, shall be applicable
7424-to any fee, tax or surcharge imposed under this subsection
7425-(j); except that the fee, tax or surcharge authorized to be
7426-imposed under this subsection (j) may be made applicable by a
7427-unit of local government to the permanent disposal of solid
7428-waste after December 31, 1986, under any contract lawfully
7429-executed before June 1, 1986 under which more than 150,000
7430-cubic yards (or 50,000 tons) of solid waste is to be
7431-permanently disposed of, even though the waste is exempt from
7432-the fee imposed by the State under subsection (b) of this
7433-Section pursuant to an exemption granted under Section 22.16.
7434-(k) In accordance with the findings and purposes of the
7435-Illinois Solid Waste Management Act, beginning January 1, 1989
7436-the fee under subsection (b) and the fee, tax or surcharge
7437-under subsection (j) shall not apply to:
7438-(1) waste which is hazardous waste;
7439-(2) waste which is pollution control waste;
7440-(3) waste from recycling, reclamation or reuse
7441-processes which have been approved by the Agency as being
7442-designed to remove any contaminant from wastes so as to
7443-render such wastes reusable, provided that the process
7444-renders at least 50% of the waste reusable; the exemption
7445-set forth in this paragraph (3) of this subsection (k)
7446-shall not apply to general construction or demolition
7447-debris recovery facilities as defined in subsection (a-1)
7448-of Section 3.160;
7449-
7450-
7451-(4) non-hazardous solid waste that is received at a
7452-sanitary landfill and composted or recycled through a
7453-process permitted by the Agency; or
7454-(5) any landfill which is permitted by the Agency to
7455-receive only demolition or construction debris or
7456-landscape waste.
7457-(Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21;
7458-102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff.
7459-5-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154,
7460-eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23;
7461-revised 12-15-23.)
7462-(415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
7463-Sec. 55.6. Used Tire Management Fund.
7464-(a) There is hereby created in the State Treasury a
7465-special fund to be known as the Used Tire Management Fund.
7466-There shall be deposited into the Fund all monies received as
7467-(1) recovered costs or proceeds from the sale of used tires
7468-under Section 55.3 of this Act, (2) repayment of loans from the
7469-Used Tire Management Fund, or (3) penalties or punitive
7470-damages for violations of this Title, except as provided by
7471-subdivision (b)(4) or (b)(4-5) of Section 42.
7472-(b) Beginning January 1, 1992, in addition to any other
7473-fees required by law, the owner or operator of each site
7474-required to be registered or permitted under subsection (d) or
7475-(d-5) of Section 55 shall pay to the Agency an annual fee of
7476-
7477-
7478-$100. Fees collected under this subsection shall be deposited
7479-into the Environmental Protection Permit and Inspection Fund.
7480-(c) Pursuant to appropriation, moneys up to an amount of
7481-$4 million per fiscal year from the Used Tire Management Fund
7482-shall be allocated as follows:
7483-(1) 38% shall be available to the Agency for the
7484-following purposes, provided that priority shall be given
7485-to item (i):
7486-(i) To undertake preventive, corrective or removal
7487-action as authorized by and in accordance with Section
7488-55.3, and to recover costs in accordance with Section
7489-55.3.
7490-(ii) For the performance of inspection and
7491-enforcement activities for used and waste tire sites.
7492-(iii) (Blank).
7493-(iv) To provide financial assistance to units of
7494-local government for the performance of inspecting,
7495-investigating and enforcement activities pursuant to
7496-subsection (r) of Section 4 at used and waste tire
7497-sites.
7498-(v) To provide financial assistance for used and
7499-waste tire collection projects sponsored by local
7500-government or not-for-profit corporations.
7501-(vi) For the costs of fee collection and
7502-administration relating to used and waste tires, and
7503-to accomplish such other purposes as are authorized by
7504-
7505-
7506-this Act and regulations thereunder.
7507-(vii) To provide financial assistance to units of
7508-local government and private industry for the purposes
7509-of:
7510-(A) assisting in the establishment of
7511-facilities and programs to collect, process, and
7512-utilize used and waste tires and tire-derived
7513-materials;
7514-(B) demonstrating the feasibility of
7515-innovative technologies as a means of collecting,
7516-storing, processing, and utilizing used and waste
7517-tires and tire-derived materials; and
7518-(C) applying demonstrated technologies as a
7519-means of collecting, storing, processing, and
7520-utilizing used and waste tires and tire-derived
7521-materials.
7522-(2) (Blank).
7523-(2.1) For the fiscal year beginning July 1, 2004 and
7524-for all fiscal years thereafter, 23% shall be deposited
7525-into the General Revenue Fund. Prior to the fiscal year
7526-beginning July 1, 2023, such transfers are at the
7527-direction of the Department of Revenue, and shall be made
7528-within 30 days after the end of each quarter. Beginning
7529-with the fiscal year beginning July 1, 2023, such
7530-transfers are at the direction of the Agency and shall be
7531-made within 30 days after the end of each quarter.
7532-
7533-
7534-(3) 25% shall be available to the Illinois Department
7535-of Public Health for the following purposes:
7536-(A) To investigate threats or potential threats to
7537-the public health related to mosquitoes and other
7538-vectors of disease associated with the improper
7539-storage, handling and disposal of tires, improper
7540-waste disposal, or natural conditions.
7541-(B) To conduct surveillance and monitoring
7542-activities for mosquitoes and other arthropod vectors
7543-of disease, and surveillance of animals which provide
7544-a reservoir for disease-producing organisms.
7545-(C) To conduct training activities to promote
7546-vector control programs and integrated pest management
7547-as defined in the Vector Control Act.
7548-(D) To respond to inquiries, investigate
7549-complaints, conduct evaluations and provide technical
7550-consultation to help reduce or eliminate public health
7551-hazards and nuisance conditions associated with
7552-mosquitoes and other vectors.
7553-(E) To provide financial assistance to units of
7554-local government for training, investigation and
7555-response to public nuisances associated with
7556-mosquitoes and other vectors of disease.
7557-(4) 2% shall be available to the Department of
7558-Agriculture for its activities under the Illinois
7559-Pesticide Act relating to used and waste tires.
7560-
7561-
7562-(5) 2% shall be available to the Pollution Control
7563-Board for administration of its activities relating to
7564-used and waste tires.
7565-(6) 10% shall be available to the University of
7566-Illinois for the Prairie Research Institute to perform
7567-research to study the biology, distribution, population
7568-ecology, and biosystematics of tire-breeding arthropods,
7569-especially mosquitoes, and the diseases they spread.
7570-(d) By January 1, 1998, and biennially thereafter, each
7571-State agency receiving an appropriation from the Used Tire
7572-Management Fund shall report to the Governor and the General
7573-Assembly on its activities relating to the Fund.
7574-(e) Any monies appropriated from the Used Tire Management
7575-Fund, but not obligated, shall revert to the Fund.
7576-(f) In administering the provisions of subdivisions (1),
7577-(2) and (3) of subsection (c) of this Section, the Agency, the
7578-Department of Commerce and Economic Opportunity, and the
7579-Illinois Department of Public Health shall ensure that
7580-appropriate funding assistance is provided to any municipality
7581-with a population over 1,000,000 or to any sanitary district
7582-which serves a population over 1,000,000.
7583-(g) Pursuant to appropriation, monies in excess of $4
7584-million per fiscal year from the Used Tire Management Fund
7585-shall be used as follows:
7586-(1) 55% shall be available to the Agency and, in State
7587-fiscal year 2025 only, the Department of Commerce and
7588-
7589-
7590-Economic Opportunity for the following purposes, provided
7591-that priority shall be given to subparagraph (A):
7592-(A) To undertake preventive, corrective or renewed
7593-action as authorized by and in accordance with Section
7594-55.3 and to recover costs in accordance with Section
7595-55.3.
7596-(B) To provide financial assistance to units of
7597-local government and private industry for the purposes
7598-of:
7599-(i) assisting in the establishment of
7600-facilities and programs to collect, process, and
7601-utilize used and waste tires and tire-derived
7602-materials;
7603-(ii) demonstrating the feasibility of
7604-innovative technologies as a means of collecting,
7605-storing, processing, and utilizing used and waste
7606-tires and tire-derived materials; and
7607-(iii) applying demonstrated technologies as a
7608-means of collecting, storing, processing, and
7609-utilizing used and waste tires and tire-derived
7610-materials.
7611-(C) To provide grants to public universities and
7612-private industry for research and development related
7613-to reducing the toxicity of tires and tire materials,
7614-vector-related research, disease-related research, and
7615-for related laboratory-based equipment and field-based
7616-
7617-
7618-equipment.
7619-(2) (Blank).
7620-(3) For the fiscal year beginning July 1, 2004 and for
7621-all fiscal years thereafter, 45% shall be deposited into
7622-the General Revenue Fund. Prior to the fiscal year
7623-beginning July 1, 2023, such transfers are at the
7624-direction of the Department of Revenue, and shall be made
7625-within 30 days after the end of each quarter. Beginning
7626-with the fiscal year beginning July 1, 2023, such
7627-transfers are at the direction of the Agency and shall be
7628-made within 30 days after the end of each quarter.
7629-(Source: P.A. 103-363, eff. 7-28-23.)
7630-(415 ILCS 5/57.11)
7631-Sec. 57.11. Underground Storage Tank Fund; creation.
7632-(a) There is hereby created in the State Treasury a
7633-special fund to be known as the Underground Storage Tank Fund.
7634-There shall be deposited into the Underground Storage Tank
7635-Fund all moneys received by the Office of the State Fire
7636-Marshal as fees for underground storage tanks under Sections 4
7637-and 5 of the Gasoline Storage Act, fees pursuant to the Motor
7638-Fuel Tax Law, and beginning July 1, 2013, payments pursuant to
7639-the Use Tax Act, the Service Use Tax Act, the Service
7640-Occupation Tax Act, and the Retailers' Occupation Tax Act. All
7641-amounts held in the Underground Storage Tank Fund shall be
7642-invested at interest by the State Treasurer. All income earned
7643-
7644-
7645-from the investments shall be deposited into the Underground
7646-Storage Tank Fund no less frequently than quarterly. In
7647-addition to any other transfers that may be provided for by
7648-law, beginning on July 1, 2018 and on the first day of each
7649-month thereafter during fiscal years 2019 through 2025 2024
7650-only, the State Comptroller shall direct and the State
7651-Treasurer shall transfer an amount equal to 1/12 of
7652-$10,000,000 from the Underground Storage Tank Fund to the
7653-General Revenue Fund. Moneys in the Underground Storage Tank
7654-Fund, pursuant to appropriation, may be used by the Agency and
7655-the Office of the State Fire Marshal for the following
7656-purposes:
7657-(1) To take action authorized under Section 57.12 to
7658-recover costs under Section 57.12.
7659-(2) To assist in the reduction and mitigation of
7660-damage caused by leaks from underground storage tanks,
7661-including but not limited to, providing alternative water
7662-supplies to persons whose drinking water has become
7663-contaminated as a result of those leaks.
7664-(3) To be used as a matching amount towards federal
7665-assistance relative to the release of petroleum from
7666-underground storage tanks.
7667-(4) For the costs of administering activities of the
7668-Agency and the Office of the State Fire Marshal relative
7669-to the Underground Storage Tank Fund.
7670-(5) For payment of costs of corrective action incurred
7671-
7672-
7673-by and indemnification to operators of underground storage
7674-tanks as provided in this Title.
7675-(6) For a total of 2 demonstration projects in amounts
7676-in excess of a $10,000 deductible charge designed to
7677-assess the viability of corrective action projects at
7678-sites which have experienced contamination from petroleum
7679-releases. Such demonstration projects shall be conducted
7680-in accordance with the provision of this Title.
7681-(7) Subject to appropriation, moneys in the
7682-Underground Storage Tank Fund may also be used by the
7683-Department of Revenue for the costs of administering its
7684-activities relative to the Fund and for refunds provided
7685-for in Section 13a.8 of the Motor Fuel Tax Law.
7686-(b) Moneys in the Underground Storage Tank Fund may,
7687-pursuant to appropriation, be used by the Office of the State
7688-Fire Marshal or the Agency to take whatever emergency action
7689-is necessary or appropriate to assure that the public health
7690-or safety is not threatened whenever there is a release or
7691-substantial threat of a release of petroleum from an
7692-underground storage tank and for the costs of administering
7693-its activities relative to the Underground Storage Tank Fund.
7694-(c) Beginning July 1, 1993, the Governor shall certify to
7695-the State Comptroller and State Treasurer the monthly amount
7696-necessary to pay debt service on State obligations issued
7697-pursuant to Section 6 of the General Obligation Bond Act. On
7698-the last day of each month, the Comptroller shall order
7699-
7700-
7701-transferred and the Treasurer shall transfer from the
7702-Underground Storage Tank Fund to the General Obligation Bond
7703-Retirement and Interest Fund the amount certified by the
7704-Governor, plus any cumulative deficiency in those transfers
7705-for prior months.
7706-(d) Except as provided in subsection (c) of this Section,
7707-the Underground Storage Tank Fund is not subject to
7708-administrative charges authorized under Section 8h of the
7709-State Finance Act that would in any way transfer any funds from
7710-the Underground Storage Tank Fund into any other fund of the
7711-State.
7712-(e) Each fiscal year, subject to appropriation, the Agency
7713-may commit up to $10,000,000 of the moneys in the Underground
7714-Storage Tank Fund to the payment of corrective action costs
7715-for legacy sites that meet one or more of the following
7716-criteria as a result of the underground storage tank release:
7717-(i) the presence of free product, (ii) contamination within a
7718-regulated recharge area, a wellhead protection area, or the
7719-setback zone of a potable water supply well, (iii)
7720-contamination extending beyond the boundaries of the site
7721-where the release occurred, or (iv) such other criteria as may
7722-be adopted in Agency rules.
7723-(1) Fund moneys committed under this subsection (e)
7724-shall be held in the Fund for payment of the corrective
7725-action costs for which the moneys were committed.
7726-(2) The Agency may adopt rules governing the
7727-
7728-
7729-commitment of Fund moneys under this subsection (e).
7730-(3) This subsection (e) does not limit the use of Fund
7731-moneys at legacy sites as otherwise provided under this
7732-Title.
7733-(4) For the purposes of this subsection (e), the term
7734-"legacy site" means a site for which (i) an underground
7735-storage tank release was reported prior to January 1,
7736-2005, (ii) the owner or operator has been determined
7737-eligible to receive payment from the Fund for corrective
7738-action costs, and (iii) the Agency did not receive any
7739-applications for payment prior to January 1, 2010.
7740-(f) Beginning July 1, 2013, if the amounts deposited into
7741-the Fund from moneys received by the Office of the State Fire
7742-Marshal as fees for underground storage tanks under Sections 4
7743-and 5 of the Gasoline Storage Act and as fees pursuant to the
7744-Motor Fuel Tax Law during a State fiscal year are sufficient to
7745-pay all claims for payment by the fund received during that
7746-State fiscal year, then the amount of any payments into the
7747-fund pursuant to the Use Tax Act, the Service Use Tax Act, the
7748-Service Occupation Tax Act, and the Retailers' Occupation Tax
7749-Act during that State fiscal year shall be deposited as
7750-follows: 75% thereof shall be paid into the State treasury and
7751-25% shall be reserved in a special account and used only for
7752-the transfer to the Common School Fund as part of the monthly
7753-transfer from the General Revenue Fund in accordance with
7754-Section 8a of the State Finance Act.
7755-
7756-
7757-(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
7758-103-8, eff. 6-7-23.)
7759-Section 5-78. The Open Space Lands Acquisition and
7760-Development Act is amended by changing Section 3 as follows:
7761-(525 ILCS 35/3) (from Ch. 85, par. 2103)
7762-Sec. 3. From appropriations made from the Capital
7763-Development Fund, Build Illinois Bond Fund or other available
7764-or designated funds for such purposes, the Department shall
7765-make grants to local governments as financial assistance for
7766-the capital development and improvement of park, recreation or
7767-conservation areas, marinas and shorelines, including planning
7768-and engineering costs, and for the acquisition of open space
7769-lands, including acquisition of easements and other property
7770-interests less than fee simple ownership if the Department
7771-determines that such property interests are sufficient to
7772-carry out the purposes of this Act, subject to the conditions
7773-and limitations set forth in this Act.
7774-No more than 10% of the amount so appropriated for any
7775-fiscal year may be committed or expended on any one project
7776-described in an application under this Act.
7777-Except for grants awarded from new appropriations in
7778-fiscal years year 2023 through and fiscal year 2025 2024, any
7779-grant under this Act to a local government shall be
7780-conditioned upon the state providing assistance on a 50/50
7781-
7782-
7783-matching basis for the acquisition of open space lands and for
7784-capital development and improvement proposals. However, a
7785-local government defined as "distressed" under criteria
7786-adopted by the Department through administrative rule shall be
7787-eligible for assistance up to 90% for the acquisition of open
7788-space lands and for capital development and improvement
7789-proposals, provided that no more than 10% of the amount
7790-appropriated under this Act in any fiscal year is made
7791-available as grants to distressed local governments. For
7792-grants awarded from new appropriations in fiscal years year
7793-2023 through and fiscal year 2025 2024 only, a local
7794-government defined as "distressed" is eligible for assistance
7795-up to 100% for the acquisition of open space lands and for
7796-capital development and improvement proposals. The Department
7797-may make more than 10% of the amount appropriated in fiscal
7798-years year 2023 through and fiscal year 2025 2024 available as
7799-grants to distressed local governments.
7800-An advance payment of a minimum of 50% of any grant made to
7801-a unit of local government under this Act must be paid to the
7802-unit of local government at the time the Department awards the
7803-grant. A unit of local government may opt out of the advanced
7804-payment option at the time of the award of the grant. The
7805-remainder of the grant shall be distributed to the local
7806-government quarterly on a reimbursement basis. The Department
7807-shall consider an applicant's request for an extension to a
7808-grant under this Act if (i) the advanced payment is expended or
7809-
7810-
7811-legally obligated within the 2 years required by Section 5 of
7812-the Illinois Grant Funds Recovery Act or (ii) no advanced
7813-payment was made.
7814-(Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22;
7815-103-8, eff. 6-7-23.)
7816-Section 5-80. The Illinois Aeronautics Act is amended by
7817-changing Section 40 as follows:
7818-(620 ILCS 5/40) (from Ch. 15 1/2, par. 22.40)
7819-Sec. 40. Disposition of federal funds. All monies accepted
7820-for disbursement by the Department pursuant to Section 38
7821-shall be deposited into the Federal/State/Local Airport Fund,
7822-which is established as a federal trust fund in the State
7823-treasury to be held by with the State Treasurer as ex officio
7824-ex-officio custodian. Moneys in the Federal/State/Local
7825-Airport Fund and shall be disbursed upon a voucher or order of
7826-Secretary of Transportation and paid by a warrant drawn by the
7827-State Comptroller and countersigned by the State Treasurer.
7828-All such monies are to be expended in accordance with Federal
7829-laws and rules and regulations thereunder and with this Act.
7830-The Department is authorized, whether acting for this State or
7831-as the agent of any of its municipalities or other political
7832-subdivision, or when requested by the United States Government
7833-or any agency or department thereof, subject to section 41,
7834-disburse such monies for the designated purposes, but this
7835-
7836-
7837-shall not preclude any other authorized method of
7838-disbursement.
7839-(Source: P.A. 81-840.)
7840-Section 5-85. The Violent Crime Witness Protection Act is
7841-amended by changing Sections 5, 10, 15, and 20 as follows:
7842-(725 ILCS 173/5)
7843-Sec. 5. Definitions Definition. As used in this Act: ,
7844-"Local law enforcement agency" has the meaning given in
7845-Section 2 of the Illinois Police Training Act.
7846-"Violent violent crime" has the meaning given means a
7847-violent crime as that term is defined in Section 3 of the
7848-Rights of Crime Victims and Witnesses Act.
7849-(Source: P.A. 102-756, eff. 5-10-22.)
7850-(725 ILCS 173/10)
7851-Sec. 10. Financial Assistance Program. The No later than
7852-January 1, 2023, the Illinois Criminal Justice Information
7853-Authority, in consultation with the Office of the Attorney
7854-General, shall establish a program to provide financial
7855-assistance to State's Attorney's offices and local law
7856-enforcement agencies for the establishment and maintenance of
7857-violent crime witness protection programs. Grantees shall use
7858-funds to assist victims and witnesses who are actively aiding
7859-in the prosecution of perpetrators of violent crime, and
7860-
7861-
7862-appropriate related persons or victims and witnesses
7863-determined by the Authority to be at risk of a discernible
7864-threat of violent crime. The program shall be administered by
7865-the Illinois Criminal Justice Information Authority. The
7866-program shall offer, among other things, financial assistance,
7867-including financial assistance on an emergency basis, that may
7868-be provided upon application by a State's Attorney or the
7869-Attorney General, or a chief executive of a police agency from
7870-funds deposited in the Violent Crime Witness Protection
7871-Program Fund and appropriated from that Fund for the purposes
7872-of this Act.
7873-(Source: P.A. 102-756, eff. 5-10-22.)
7874-(725 ILCS 173/15)
7875-Sec. 15. Funding. The Illinois Criminal Justice
7876-Information Authority, in consultation with the Office of the
7877-Attorney General, shall adopt rules for the implementation of
7878-the Violent Crime Witness Protection Program. The Program
7879-Assistance shall be subject to the following limitations:
7880-(a) Grant funds may be used to reimburse grantees for
7881-expenses associated with preexisting violent crime witness
7882-protection programs, including, but not limited to, Funds
7883-shall be limited to payment of the following:
7884-(1) emergency or temporary living costs;
7885-(2) moving expenses;
7886-(3) rent;
7887-
7888-
7889-(3.5) utilities;
7890-(4) security deposits for rent and utilities;
7891-(5) other appropriate expenses of relocation or
7892-transition;
7893-(6) mental health treatment; and
7894-(7) lost wage assistance; and
7895-(8) administrative costs.
7896-(b) Approval of applications made by State's Attorneys
7897-shall be conditioned upon county funding for costs at a
7898-level of at least 25%, unless this requirement is waived
7899-by the administrator, in accordance with adopted rules,
7900-for good cause shown.
7901-(c) (Blank). Counties providing assistance consistent
7902-with the limitations in this Act may apply for
7903-reimbursement of up to 75% of their costs.
7904-(d) No more than 50% of funding available in any given
7905-fiscal year may be used for costs associated with any
7906-single county.
7907-(d-5) Grant funds Funds may also be requested by local
7908-law enforcement agencies and, notwithstanding subsection
7909-(a), used to establish local violent crime witness
7910-protection programs.
7911-(e) Before the Illinois Criminal Justice Information
7912-Authority distributes moneys from the Violent Crime
7913-Witness Protection Program Fund as provided in this
7914-Section, it shall retain 5% of those moneys for
7915-
7916-
7917-administrative purposes.
7918-(f) (Blank). Direct reimbursement is allowed in whole
7919-or in part.
7920-(g) Implementation of the Violent Crime Witness
7921-Protection Program is subject to appropriation contingent
7922-upon and subject to there being made sufficient
7923-appropriations for implementation of that program.
7924-(Source: P.A. 102-756, eff. 5-10-22.)
7925-(725 ILCS 173/20)
7926-Sec. 20. Violent Crime Witness Protection Program Fund.
7927-There is created in the State treasury the Violent Crime
7928-Witness Protection Program Fund into which shall be deposited
7929-appropriated funds, grants, or other funds made available to
7930-the Illinois Criminal Justice Information Authority to assist
7931-State's Attorneys and local law enforcement agencies the
7932-Attorney General in protecting victims and witnesses who are
7933-aiding in the prosecution of perpetrators of violent crime,
7934-and appropriate related persons or victims and witnesses
7935-determined by the Authority to be at risk of a discernible
7936-threat of violent crime.
7937-(Source: P.A. 102-756, eff. 5-10-22.)
7938-Section 5-90. The Revised Uniform Unclaimed Property Act
7939-is amended by changing Section 15-801 as follows:
7940-
7941-
7942-(765 ILCS 1026/15-801)
7943-Sec. 15-801. Deposit of funds by administrator.
7944-(a) Except as otherwise provided in this Section, the
7945-administrator shall deposit in the Unclaimed Property Trust
7946-Fund all funds received under this Act, including proceeds
7947-from the sale of property under Article 7. The administrator
7948-may deposit any amount in the Unclaimed Property Trust Fund
7949-into the State Pensions Fund during the fiscal year at his or
7950-her discretion; however, he or she shall, on April 15 and
7951-October 15 of each year, deposit any amount in the Unclaimed
7952-Property Trust Fund exceeding $2,500,000 into the State
7953-Pensions Fund. If on either April 15 or October 15, the
7954-administrator determines that a balance of $2,500,000 is
7955-insufficient for the prompt payment of unclaimed property
7956-claims authorized under this Act, the administrator may retain
7957-more than $2,500,000 in the Unclaimed Property Trust Fund in
7958-order to ensure the prompt payment of claims. Beginning in
7959-State fiscal year 2026 2025, all amounts that are deposited
7960-into the State Pensions Fund from the Unclaimed Property Trust
7961-Fund shall be apportioned to the designated retirement systems
7962-as provided in subsection (c-6) of Section 8.12 of the State
7963-Finance Act to reduce their actuarial reserve deficiencies.
7964-(b) The administrator shall make prompt payment of claims
7965-he or she duly allows as provided for in this Act from the
7966-Unclaimed Property Trust Fund. This shall constitute an
7967-irrevocable and continuing appropriation of all amounts in the
7968-
7969-
7970-Unclaimed Property Trust Fund necessary to make prompt payment
7971-of claims duly allowed by the administrator pursuant to this
7972-Act.
7973-(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
7974-103-8, eff. 6-7-23.)
7975-Section 5-95. The Unemployment Insurance Act is amended by
7976-changing Section 2103 as follows:
7977-(820 ILCS 405/2103) (from Ch. 48, par. 663)
7978-Sec. 2103. Unemployment compensation administration and
7979-other workforce development costs. All moneys received by the
7980-State or by the Department from any source for the financing of
7981-the cost of administration of this Act, including all federal
7982-moneys allotted or apportioned to the State or to the
7983-Department for that purpose, including moneys received
7984-directly or indirectly from the federal government under the
7985-Job Training Partnership Act, and including moneys received
7986-from the Railroad Retirement Board as compensation for
7987-services or facilities supplied to said Board, or any moneys
7988-made available by this State or its political subdivisions and
7989-matched by moneys granted to this State pursuant to the
7990-provisions of the Wagner-Peyser Act, shall be received and
7991-held by the State Treasurer as ex officio ex-officio custodian
7992-thereof, separate and apart from all other State moneys, in
7993-the Title III Social Security and Employment Fund, and such
7994-
7995-
7996-funds shall be distributed or expended upon the direction of
7997-the Director and, except money received pursuant to the last
7998-paragraph of Section 2100B, shall be distributed or expended
7999-solely for the purposes and in the amounts found necessary by
8000-the Secretary of Labor of the United States of America, or
8001-other appropriate federal agency, for the proper and efficient
8002-administration of this Act. Notwithstanding any provision of
8003-this Section, all money requisitioned and deposited with the
8004-State Treasurer pursuant to the last paragraph of Section
8005-2100B shall remain part of the unemployment trust fund and
8006-shall be used only in accordance with the conditions specified
8007-in the last paragraph of Section 2100B.
8008-If any moneys received from the Secretary of Labor, or
8009-other appropriate federal agency, under Title III of the
8010-Social Security Act, or any moneys granted to this State
8011-pursuant to the provisions of the Wagner-Peyser Act, or any
8012-moneys made available by this State or its political
8013-subdivisions and matched by moneys granted to this State
8014-pursuant to the provisions of the Wagner-Peyser Act, are found
8015-by the Secretary of Labor, or other appropriate Federal
8016-agency, because of any action or contingency, to have been
8017-lost or expended for purposes other than, or in amounts in
8018-excess of, those found necessary, by the Secretary of Labor,
8019-or other appropriate Federal agency, for the proper
8020-administration of this Act, it is the policy of this State that
8021-such moneys shall be replaced by moneys appropriated for such
8022-
8023-
8024-purpose from the general funds of this State for expenditure
8025-as provided in the first paragraph of this Section. The
8026-Director shall report to the Governor's Office of Management
8027-and Budget, in the same manner as is provided generally for the
8028-submission by State Departments of financial requirements for
8029-the ensuing fiscal year, and the Governor shall include in his
8030-budget report to the next regular session of the General
8031-Assembly, the amount required for such replacement.
8032-Moneys in the Title III Social Security and Employment
8033-Fund shall not be commingled with other State funds, but they
8034-shall be deposited as required by law and maintained in a
8035-separate account on the books of a savings and loan
8036-association or bank.
8037-The State Treasurer shall be liable on his general
8038-official bond for the faithful performance of his duties as
8039-custodian of all moneys in the Title III Social Security and
8040-Employment Fund. Such liability on his official bond shall
8041-exist in addition to the liability upon any separate bond
8042-given by him. All sums recovered for losses sustained by the
8043-fund herein described shall be deposited therein.
8044-Upon the effective date of Public Act 85-956 this
8045-amendatory Act of 1987 (January 1, 1988), the Comptroller
8046-shall transfer all unobligated funds from the Job Training
8047-Fund into the Title III Social Security and Employment Fund.
8048-On September 1, 2000, or as soon thereafter as may be
8049-reasonably practicable, the State Comptroller shall transfer
8050-
8051-
8052-all unobligated moneys from the Job Training Partnership Fund
8053-into the Title III Social Security and Employment Fund. The
8054-moneys transferred pursuant to Public Act 91-704 this
8055-amendatory Act may be used or expended for purposes consistent
8056-with the conditions under which those moneys were received by
8057-the State.
8058-Beginning on July 1, 2000 (the effective date of Public
8059-Act 91-704) this amendatory Act of the 91st General Assembly,
8060-all moneys that would otherwise be deposited into the Job
8061-Training Partnership Fund shall instead be deposited into the
8062-Title III Social Security and Employment Fund, to be used for
8063-purposes consistent with the conditions under which those
8064-moneys are received by the State, except that any moneys that
8065-may be necessary to pay liabilities outstanding as of June 30,
8066-2000 shall be deposited into the Job Training Partnership
8067-Fund.
8068-On July 1, 2024, or as soon thereafter as practical, after
8069-making all necessary payments to the Federal Emergency
8070-Management Agency related to the federal Lost Wages Assistance
8071-program, the Director shall report to the Governor's Office of
8072-Management and Budget all amounts remaining in the Title III
8073-Social Security and Employment Fund from an appropriation to
8074-the Department for the purpose of making payments to the
8075-Federal Emergency Management Agency. At the direction of the
8076-Director of the Governor's Office of Management and Budget,
8077-the Comptroller shall direct and the Treasurer shall transfer
8078-
8079-
8080-the reported amount from the Title III Social Security and
8081-Employment Fund to the General Revenue Fund.
8082-(Source: P.A. 97-791, eff. 1-1-13.)
8083-Article 10.
8084-Section 10-5. The Illinois Administrative Procedure Act is
8085-amended by adding Sections 5-45.55 and 5-45.56 as follows:
8086-(5 ILCS 100/5-45.55 new)
8087-Sec. 5-45.55. Emergency rulemaking; Substance Use Disorder
8088-Act. To provide for the expeditious and timely implementation
8089-of the changes made to Section 55-30 of the Substance Use
8090-Disorder Act by this amendatory Act of the 103rd General
8091-Assembly, emergency rules implementing the changes made to
8092-that Section by this amendatory Act of the 103rd General
8093-Assembly may be adopted in accordance with Section 5-45 by the
8094-Department of Human Services or other department essential to
8095-the implementation of the changes. The adoption of emergency
8096-rules authorized by Section 5-45 and this Section is deemed to
8097-be necessary for the public interest, safety, and welfare.
8098-This Section is repealed one year after the effective date
8099-of this Section.
8100-(5 ILCS 100/5-45.56 new)
8101-Sec. 5-45.56. Emergency rulemaking; Illinois Public Aid
8102-
8103-
8104-Code. To provide for the expeditious and timely implementation
8105-of the changes made to the Illinois Public Aid Code by this
8106-amendatory Act of the 103rd General Assembly, emergency rules
8107-implementing the changes made to that Code by this amendatory
8108-Act of the 103rd General Assembly may be adopted in accordance
8109-with Section 5-45 by the Department of Healthcare and Family
8110-Services, the Department of Human Services, or other
8111-departments essential to the implementation of the changes.
8112-The adoption of emergency rules authorized by Section 5-45 and
8113-this Section is deemed to be necessary for the public
8114-interest, safety, and welfare.
8115-This Section is repealed one year after the effective date
8116-of this Section.
8117-Section 10-10. The Substance Use Disorder Act is amended
8118-by changing Section 55-30 as follows:
8119-(20 ILCS 301/55-30)
8120-Sec. 55-30. Rate increase.
8121-(a) The Department shall by rule develop the increased
8122-rate methodology and annualize the increased rate beginning
8123-with State fiscal year 2018 contracts to licensed providers of
8124-community-based substance use disorder intervention or
8125-treatment, based on the additional amounts appropriated for
8126-the purpose of providing a rate increase to licensed
8127-providers. The Department shall adopt rules, including
8128-
8129-
8130-emergency rules under subsection (y) of Section 5-45 of the
8131-Illinois Administrative Procedure Act, to implement the
8132-provisions of this Section.
8133-(b) (Blank).
8134-(c) Beginning on July 1, 2022, the Division of Substance
8135-Use Prevention and Recovery shall increase reimbursement rates
8136-for all community-based substance use disorder treatment and
8137-intervention services by 47%, including, but not limited to,
8138-all of the following:
8139-(1) Admission and Discharge Assessment.
8140-(2) Level 1 (Individual).
8141-(3) Level 1 (Group).
8142-(4) Level 2 (Individual).
8143-(5) Level 2 (Group).
8144-(6) Case Management.
8145-(7) Psychiatric Evaluation.
8146-(8) Medication Assisted Recovery.
8147-(9) Community Intervention.
8148-(10) Early Intervention (Individual).
8149-(11) Early Intervention (Group).
8150-Beginning in State Fiscal Year 2023, and every State
8151-fiscal year thereafter, reimbursement rates for those
8152-community-based substance use disorder treatment and
8153-intervention services shall be adjusted upward by an amount
8154-equal to the Consumer Price Index-U from the previous year,
8155-not to exceed 2% in any State fiscal year. If there is a
8156-
8157-
8158-decrease in the Consumer Price Index-U, rates shall remain
8159-unchanged for that State fiscal year. The Department shall
8160-adopt rules, including emergency rules in accordance with the
8161-Illinois Administrative Procedure Act, to implement the
8162-provisions of this Section.
8163-As used in this Section, "Consumer Price Index-U"
8164-subsection, "consumer price index-u" means the index published
8165-by the Bureau of Labor Statistics of the United States
8166-Department of Labor that measures the average change in prices
8167-of goods and services purchased by all urban consumers, United
8168-States city average, all items, 1982-84 = 100.
8169-(d) Beginning on January 1, 2024, subject to federal
8170-approval, the Division of Substance Use Prevention and
8171-Recovery shall increase reimbursement rates for all ASAM level
8172-3 residential/inpatient substance use disorder treatment and
8173-intervention services by 30%, including, but not limited to,
8174-the following services:
8175-(1) ASAM level 3.5 Clinically Managed High-Intensity
8176-Residential Services for adults;
8177-(2) ASAM level 3.5 Clinically Managed Medium-Intensity
8178-Residential Services for adolescents;
8179-(3) ASAM level 3.2 Clinically Managed Residential
8180-Withdrawal Management;
8181-(4) ASAM level 3.7 Medically Monitored Intensive
8182-Inpatient Services for adults and Medically Monitored
8183-High-Intensity Inpatient Services for adolescents; and
8184-
8185-
8186-(5) ASAM level 3.1 Clinically Managed Low-Intensity
8187-Residential Services for adults and adolescents.
8188-(e) Beginning in State fiscal year 2025, and every State
8189-fiscal year thereafter, reimbursement rates for licensed or
8190-certified substance use disorder treatment providers of ASAM
8191-Level 3 residential/inpatient services for persons with
8192-substance use disorders shall be adjusted upward by an amount
8193-equal to the Consumer Price Index-U from the previous year,
8194-not to exceed 2% in any State fiscal year. If there is a
8195-decrease in the Consumer Price Index-U, rates shall remain
8196-unchanged for that State fiscal year. The Department shall
8197-adopt rules, including emergency rules, in accordance with the
8198-Illinois Administrative Procedure Act, to implement the
8199-provisions of this Section.
8200-(Source: P.A. 102-699, eff. 4-19-22; 103-102, eff. 6-16-23.)
8201-(20 ILCS 302/Act rep.)
8202-Section 10-15. The Substance Use Disorder Rate Equity Act
8203-is repealed.
8204-(20 ILCS 303/Act rep.)
8205-Section 10-20. The Substance Use Disorder Residential and
8206-Detox Rate Equity Act is repealed.
8207-(20 ILCS 2205/2205-31 rep.)
8208-Section 10-25. The Department of Healthcare and Family
8209-
8210-
8211-Services Law of the Civil Administrative Code of Illinois is
8212-amended by repealing Section 2205-31.
8213-Section 10-30. The Department of Public Health Powers and
8214-Duties Law of the Civil Administrative Code of Illinois is
8215-amended by adding Section 2310-730 as follows:
8216-(20 ILCS 2310/2310-730 new)
8217-Sec. 2310-730. Health care telementoring.
8218-(a) Subject to appropriation, the Department shall
8219-designate one or more health care telementoring entities based
8220-on an application to be developed by the Department.
8221-Applicants shall demonstrate a record of expertise and
8222-demonstrated success in providing health care telementoring
8223-services. The Department may adopt rules necessary for the
8224-implementation of this Section. Funding may be provided based
8225-on the number of health care providers or professionals who
8226-are assisted by each approved health care telementoring entity
8227-and the hours of assistance provided to each health care
8228-provider or professional in addition to other factors as
8229-determined by the Director.
8230-(b) In this Section:
8231-"Health care providers or professionals" means individuals
8232-trained to provide health care or related services. "Health
8233-care providers or professionals" includes, but is not limited
8234-to, physicians, nurses, physician assistants, speech language
8235-
8236-
8237-pathologists, social workers, and school personnel involved in
8238-screening for targeted conditions and providing support to
8239-students impacted by those conditions.
8240-"Health care telementoring" means a program:
8241-(1) that is based on interactive video or phone
8242-technology that connects groups of local health care
8243-providers or professionals in urban and rural underserved
8244-areas with specialists in regular real-time collaborative
8245-sessions;
8246-(2) that is designed around case-based learning and
8247-mentorship; and
8248-(3) that helps local health care providers or
8249-professionals gain the expertise required to more
8250-effectively provide needed services.
8251-"Health care telementoring" includes, but is not limited
8252-to, a program provided to improve services in one or more of a
8253-variety of areas, including, but not limited to, chronic
8254-disease, communicable disease, atypical vision or hearing,
8255-adolescent health, Hepatitis C, complex diabetes, geriatrics,
8256-mental illness, opioid use disorders, substance use disorders,
8257-maternity care, childhood adversity and trauma, pediatric
8258-ADHD, congregate settings, including justice involved systems,
8259-and other priorities identified by the Department.
8260-Section 10-32. The State Finance Act is amended by adding
8261-Sections 5.1017 and 6z-141 as follows:
8262-
8263-
8264-(30 ILCS 105/5.1017 new)
8265-Sec. 5.1017. The Health Equity and Access Fund.
8266-(30 ILCS 105/6z-141 new)
8267-Sec. 6z-141. Health Equity and Access Fund.
8268-(a) The Health Equity and Access Fund is hereby created as
8269-a special fund in the State treasury and may receive moneys
8270-from any source, public or private, including moneys
8271-appropriated to the Department of Healthcare and Family
8272-Services. Interest earned on moneys in the Fund shall be
8273-deposited into the Fund.
8274-(b) Subject to appropriation, moneys in the Fund may be
8275-used by the Department of Healthcare and Family Services to
8276-pay for medical expenses or grants that advance health equity
8277-initiatives in Illinois.
8278-(c) The Department of Healthcare and Family Services may
8279-adopt rules to implement and administer the health equity
8280-initiative described in this Section.
8281-Section 10-35. The Illinois Public Aid Code is amended by
8282-changing Sections 5-47 and 16-2 and by adding Section 12-4.13e
8283-as follows:
8284-(305 ILCS 5/5-47)
8285-Sec. 5-47. Medicaid reimbursement rates; substance use
8286-
8287-
8288-disorder treatment providers and facilities.
8289-(a) Beginning on January 1, 2024, subject to federal
8290-approval, the Department of Healthcare and Family Services, in
8291-conjunction with the Department of Human Services' Division of
8292-Substance Use Prevention and Recovery, shall provide a 30%
8293-increase in reimbursement rates for all Medicaid-covered ASAM
8294-Level 3 residential/inpatient substance use disorder treatment
8295-services.
8296-No existing or future reimbursement rates or add-ons shall
8297-be reduced or changed to address this proposed rate increase.
8298-No later than 3 months after June 16, 2023 (the effective date
8299-of Public Act 103-102) this amendatory Act of the 103rd
8300-General Assembly, the Department of Healthcare and Family
8301-Services shall submit any necessary application to the federal
8302-Centers for Medicare and Medicaid Services to implement the
8303-requirements of this Section.
8304-(a-5) Beginning in State fiscal year 2025, and every State
8305-fiscal year thereafter, reimbursement rates for licensed or
8306-certified substance use disorder treatment providers of ASAM
8307-Level 3 residential/inpatient services for persons with
8308-substance use disorders shall be adjusted upward by an amount
8309-equal to the Consumer Price Index-U from the previous year,
8310-not to exceed 2% in any State fiscal year. If there is a
8311-decrease in the Consumer Price Index-U, rates shall remain
8312-unchanged for that State fiscal year. The Department shall
8313-adopt rules, including emergency rules, in accordance with the
8314-
8315-
8316-Illinois Administrative Procedure Act, to implement the
8317-provisions of this Section.
8318-As used in this Section, "Consumer Price Index-U" means
8319-the index published by the Bureau of Labor Statistics of the
8320-United States Department of Labor that measures the average
8321-change in prices of goods and services purchased by all urban
8322-consumers, United States city average, all items, 1982-84 =
8323-100.
8324-(b) Parity in community-based behavioral health rates;
8325-implementation plan for cost reporting. For the purpose of
8326-understanding behavioral health services cost structures and
8327-their impact on the Medical Assistance Program, the Department
8328-of Healthcare and Family Services shall engage stakeholders to
8329-develop a plan for the regular collection of cost reporting
8330-for all entity-based substance use disorder providers. Data
8331-shall be used to inform on the effectiveness and efficiency of
8332-Illinois Medicaid rates. The Department and stakeholders shall
8333-develop a plan by April 1, 2024. The Department shall engage
8334-stakeholders on implementation of the plan. The plan, at
8335-minimum, shall consider all of the following:
8336-(1) Alignment with certified community behavioral
8337-health clinic requirements, standards, policies, and
8338-procedures.
8339-(2) Inclusion of prospective costs to measure what is
8340-needed to increase services and capacity.
8341-(3) Consideration of differences in collection and
8342-
8343-
8344-policies based on the size of providers.
8345-(4) Consideration of additional administrative time
8346-and costs.
8347-(5) Goals, purposes, and usage of data collected from
8348-cost reports.
8349-(6) Inclusion of qualitative data in addition to
8350-quantitative data.
8351-(7) Technical assistance for providers for completing
8352-cost reports including initial training by the Department
8353-for providers.
8354-(8) Implementation of a timeline which allows an
8355-initial grace period for providers to adjust internal
8356-procedures and data collection.
8357-Details from collected cost reports shall be made publicly
8358-available on the Department's website and costs shall be used
8359-to ensure the effectiveness and efficiency of Illinois
8360-Medicaid rates.
8361-(c) Reporting; access to substance use disorder treatment
8362-services and recovery supports. By no later than April 1,
8363-2024, the Department of Healthcare and Family Services, with
8364-input from the Department of Human Services' Division of
8365-Substance Use Prevention and Recovery, shall submit a report
8366-to the General Assembly regarding access to treatment services
8367-and recovery supports for persons diagnosed with a substance
8368-use disorder. The report shall include, but is not limited to,
8369-the following information:
8370-
8371-
8372-(1) The number of providers enrolled in the Illinois
8373-Medical Assistance Program certified to provide substance
8374-use disorder treatment services, aggregated by ASAM level
8375-of care, and recovery supports.
8376-(2) The number of Medicaid customers in Illinois with
8377-a diagnosed substance use disorder receiving substance use
8378-disorder treatment, aggregated by provider type and ASAM
8379-level of care.
8380-(3) A comparison of Illinois' substance use disorder
8381-licensure and certification requirements with those of
8382-comparable state Medicaid programs.
8383-(4) Recommendations for and an analysis of the impact
8384-of aligning reimbursement rates for outpatient substance
8385-use disorder treatment services with reimbursement rates
8386-for community-based mental health treatment services.
8387-(5) Recommendations for expanding substance use
8388-disorder treatment to other qualified provider entities
8389-and licensed professionals of the healing arts. The
8390-recommendations shall include an analysis of the
8391-opportunities to maximize the flexibilities permitted by
8392-the federal Centers for Medicare and Medicaid Services for
8393-expanding access to the number and types of qualified
8394-substance use disorder providers.
8395-(Source: P.A. 103-102, eff. 6-16-23; revised 9-26-23.)
8396-(305 ILCS 5/12-4.13e new)
8397-
8398-
8399-Sec. 12-4.13e. Summer EBT Program.
8400-(a) Subject to federal approval, the Department of Human
8401-Services may establish and participate in the federal Summer
8402-Electronic Benefit Transfer Program for Children, which may be
8403-referred to as the Summer EBT Program.
8404-(b) The Summer EBT Program Fund is established as a
8405-federal trust fund in the State treasury. The fund is
8406-established to receive moneys from the federal government for
8407-the Summer EBT Program. Subject to appropriation, moneys in
8408-the Summer EBT Program Fund shall be expended by the
8409-Department of Human Services only for those purposes permitted
8410-under the federal Summer Electronic Benefit Transfer Program
8411-for Children.
8412-(c) The Department of Human Services is authorized to
8413-adopt any rules, including emergency rules, necessary to
8414-implement the provisions of this Section.
8415-(305 ILCS 5/16-2)
8416-Sec. 16-2. Eligibility. Subject to available funding, a A
8417-foreign-born victim of trafficking, torture, or other serious
8418-crimes and the individual's his or her derivative family
8419-members, but not a single adult without derivative family
8420-members, are eligible for cash assistance or SNAP benefits
8421-under this Article if the individual:
8422-(a) has filed he or she:
8423-(1) has filed or is preparing to file an
8424-
8425-
8426-application for T Nonimmigrant status with the
8427-appropriate federal agency pursuant to Section
8428-1101(a)(15)(T) of Title 8 of the United States Code,
8429-or is otherwise taking steps to meet the conditions
8430-for federal benefits eligibility under Section 7105 of
8431-Title 22 of the United States Code;
8432-(2) has filed or is preparing to file a formal
8433-application with the appropriate federal agency for
8434-status pursuant to Section 1101(a)(15)(U) of Title 8
8435-of the United States Code; or
8436-(3) has filed or is preparing to file a formal
8437-application with the appropriate federal agency for
8438-status under Section 1158 of Title 8 of the United
8439-States Code; and
8440-(b) he or she is otherwise eligible for cash assistance or
8441-SNAP benefits, as applicable.
8442-An individual residing in an institution or other setting
8443-that provides the majority of the individual's daily meals is
8444-not eligible for SNAP benefits.
8445-(Source: P.A. 99-870, eff. 8-22-16; 100-201, eff. 8-18-17.)
8446-Section 10-40. The Intergenerational Poverty Act is
8447-amended by changing Section 95-504 as follows:
8448-(305 ILCS 70/95-504)
8449-Sec. 95-504. Duties of the Director of the Governor's
8450-
8451-
8452-Office of Management and Budget. The Director of the
8453-Governor's Office of Management and Budget shall include in
8454-the materials submitted to the General Assembly outlining the
8455-Governor's proposed annual budget a description of any budget
8456-proposals or other activities, ongoing projects, and plans of
8457-the executive branch designed to meet the goals and objectives
8458-of the strategic plan and any other information related to the
8459-proposed annual budget that the Director of the Governor's
8460-Office of Management and Budget believes furthers the goals
8461-and objectives of the strategic plan. The information shall
8462-include the following:
8463-(1) An accounting of the savings to the State from any
8464-increased efficiencies in the delivery of services.
8465-(2) Any savings realized from reducing the number of
8466-individuals living in poverty and reducing the demand for
8467-need-based services and benefits.
8468-(3) A projection of any increase in revenue
8469-collections due to any increase in the number of
8470-individuals who become employed and pay taxes into the
8471-State treasury.
8472-(4) Any other information related to the proposed
8473-annual budget that the Director of the Governor's Office
8474-of Management and Budget believes furthers the goals and
8475-objectives of the strategic plan.
8476-(Source: P.A. 101-636, eff. 6-10-20.)
8477-
8478-
8479-Article 15.
8480-Section 15-5. The Illinois Pension Code is amended by
8481-changing Sections 2-134, 14-131, 15-165, 16-158, and 18-140 as
8482-follows:
8483-(40 ILCS 5/2-134) (from Ch. 108 1/2, par. 2-134)
8484-Sec. 2-134. To certify required State contributions and
8485-submit vouchers.
8486-(a) The Board shall certify to the Governor on or before
8487-December 15 of each year until December 15, 2011 the amount of
8488-the required State contribution to the System for the next
8489-fiscal year and shall specifically identify the System's
8490-projected State normal cost for that fiscal year. The
8491-certification shall include a copy of the actuarial
8492-recommendations upon which it is based and shall specifically
8493-identify the System's projected State normal cost for that
8494-fiscal year.
8495-On or before November 1 of each year, beginning November
8496-1, 2012, the Board shall submit to the State Actuary, the
8497-Governor, and the General Assembly a proposed certification of
8498-the amount of the required State contribution to the System
8499-for the next fiscal year, along with all of the actuarial
8500-assumptions, calculations, and data upon which that proposed
8501-certification is based. On or before January 1 of each year
8502-beginning January 1, 2013, the State Actuary shall issue a
8503-
8504-
8505-preliminary report concerning the proposed certification and
8506-identifying, if necessary, recommended changes in actuarial
8507-assumptions that the Board must consider before finalizing its
8508-certification of the required State contributions. On or
8509-before January 15, 2013 and every January 15 thereafter, the
8510-Board shall certify to the Governor and the General Assembly
8511-the amount of the required State contribution for the next
8512-fiscal year. The Board's certification must note any
8513-deviations from the State Actuary's recommended changes, the
8514-reason or reasons for not following the State Actuary's
8515-recommended changes, and the fiscal impact of not following
8516-the State Actuary's recommended changes on the required State
8517-contribution.
8518-On or before May 1, 2004, the Board shall recalculate and
8519-recertify to the Governor the amount of the required State
8520-contribution to the System for State fiscal year 2005, taking
8521-into account the amounts appropriated to and received by the
8522-System under subsection (d) of Section 7.2 of the General
8523-Obligation Bond Act.
8524-On or before July 1, 2005, the Board shall recalculate and
8525-recertify to the Governor the amount of the required State
8526-contribution to the System for State fiscal year 2006, taking
8527-into account the changes in required State contributions made
8528-by this amendatory Act of the 94th General Assembly.
8529-On or before April 1, 2011, the Board shall recalculate
8530-and recertify to the Governor the amount of the required State
8531-
8532-
8533-contribution to the System for State fiscal year 2011,
8534-applying the changes made by Public Act 96-889 to the System's
8535-assets and liabilities as of June 30, 2009 as though Public Act
8536-96-889 was approved on that date.
8537-By November 1, 2017, the Board shall recalculate and
8538-recertify to the State Actuary, the Governor, and the General
8539-Assembly the amount of the State contribution to the System
8540-for State fiscal year 2018, taking into account the changes in
8541-required State contributions made by this amendatory Act of
8542-the 100th General Assembly. The State Actuary shall review the
8543-assumptions and valuations underlying the Board's revised
8544-certification and issue a preliminary report concerning the
8545-proposed recertification and identifying, if necessary,
8546-recommended changes in actuarial assumptions that the Board
8547-must consider before finalizing its certification of the
8548-required State contributions. The Board's final certification
8549-must note any deviations from the State Actuary's recommended
8550-changes, the reason or reasons for not following the State
8551-Actuary's recommended changes, and the fiscal impact of not
8552-following the State Actuary's recommended changes on the
8553-required State contribution.
8554-(b) Unless otherwise directed by the Comptroller under
8555-subsection (b-1), Beginning in State fiscal year 1996, on or
8556-as soon as possible after the 15th day of each month the Board
8557-shall submit vouchers for payment of State contributions to
8558-the System for the applicable month on the 15th day of each
8559-
8560-
8561-month, or as soon thereafter as may be practicable. The amount
8562-vouchered for a monthly payment shall total , in a total
8563-monthly amount of one-twelfth of the required annual State
8564-contribution certified under subsection (a).
8565-(b-1) Beginning in State fiscal year 2025, if the
8566-Comptroller requests that the Board submit, during a State
8567-fiscal year, vouchers for multiple monthly payments for
8568-advance payment of State contributions due to the System for
8569-that State fiscal year, then the Board shall submit those
8570-additional monthly vouchers as directed by the Comptroller,
8571-notwithstanding subsection (b). Unless an act of
8572-appropriations provides otherwise, nothing in this Section
8573-authorizes the Board to submit, in a State fiscal year,
8574-vouchers for the payment of State contributions to the System
8575-in an amount that exceeds the rate of payroll that is certified
8576-by the System under this Section for that State fiscal year.
8577-From the effective date of this amendatory Act of the 93rd
8578-General Assembly through June 30, 2004, the Board shall not
8579-submit vouchers for the remainder of fiscal year 2004 in
8580-excess of the fiscal year 2004 certified contribution amount
8581-determined under this Section after taking into consideration
8582-the transfer to the System under subsection (d) of Section
8583-6z-61 of the State Finance Act.
8584-(b-2) The These vouchers described in subsections (b) and
8585-(b-1) shall be paid by the State Comptroller and Treasurer by
8586-warrants drawn on the funds appropriated to the System for
8587-
8588-
8589-that fiscal year.
8590-If in any month the amount remaining unexpended from all
8591-other appropriations to the System for the applicable fiscal
8592-year (including the appropriations to the System under Section
8593-8.12 of the State Finance Act and Section 1 of the State
8594-Pension Funds Continuing Appropriation Act) is less than the
8595-amount lawfully vouchered under this Section, the difference
8596-shall be paid from the General Revenue Fund under the
8597-continuing appropriation authority provided in Section 1.1 of
8598-the State Pension Funds Continuing Appropriation Act.
8599-(c) The full amount of any annual appropriation for the
8600-System for State fiscal year 1995 shall be transferred and
8601-made available to the System at the beginning of that fiscal
8602-year at the request of the Board. Any excess funds remaining at
8603-the end of any fiscal year from appropriations shall be
8604-retained by the System as a general reserve to meet the
8605-System's accrued liabilities.
8606-(Source: P.A. 100-23, eff. 7-6-17.)
8607-(40 ILCS 5/14-131)
8608-Sec. 14-131. Contributions by State.
8609-(a) The State shall make contributions to the System by
8610-appropriations of amounts which, together with other employer
8611-contributions from trust, federal, and other funds, employee
8612-contributions, investment income, and other income, will be
8613-sufficient to meet the cost of maintaining and administering
8614-
8615-
8616-the System on a 90% funded basis in accordance with actuarial
8617-recommendations.
8618-For the purposes of this Section and Section 14-135.08,
8619-references to State contributions refer only to employer
8620-contributions and do not include employee contributions that
8621-are picked up or otherwise paid by the State or a department on
8622-behalf of the employee.
8623-(b) The Board shall determine the total amount of State
8624-contributions required for each fiscal year on the basis of
8625-the actuarial tables and other assumptions adopted by the
8626-Board, using the formula in subsection (e).
8627-The Board shall also determine a State contribution rate
8628-for each fiscal year, expressed as a percentage of payroll,
8629-based on the total required State contribution for that fiscal
8630-year (less the amount received by the System from
8631-appropriations under Section 8.12 of the State Finance Act and
8632-Section 1 of the State Pension Funds Continuing Appropriation
8633-Act, if any, for the fiscal year ending on the June 30
8634-immediately preceding the applicable November 15 certification
8635-deadline), the estimated payroll (including all forms of
8636-compensation) for personal services rendered by eligible
8637-employees, and the recommendations of the actuary.
8638-For the purposes of this Section and Section 14.1 of the
8639-State Finance Act, the term "eligible employees" includes
8640-employees who participate in the System, persons who may elect
8641-to participate in the System but have not so elected, persons
8642-
8643-
8644-who are serving a qualifying period that is required for
8645-participation, and annuitants employed by a department as
8646-described in subdivision (a)(1) or (a)(2) of Section 14-111.
8647-(c) Contributions shall be made by the several departments
8648-for each pay period by warrants drawn by the State Comptroller
8649-against their respective funds or appropriations based upon
8650-vouchers stating the amount to be so contributed. These
8651-amounts shall be based on the full rate certified by the Board
8652-under Section 14-135.08 for that fiscal year. From March 5,
8653-2004 (the effective date of Public Act 93-665) through the
8654-payment of the final payroll from fiscal year 2004
8655-appropriations, the several departments shall not make
8656-contributions for the remainder of fiscal year 2004 but shall
8657-instead make payments as required under subsection (a-1) of
8658-Section 14.1 of the State Finance Act. The several departments
8659-shall resume those contributions at the commencement of fiscal
8660-year 2005.
8661-(c-1) Notwithstanding subsection (c) of this Section, for
8662-fiscal years 2010, 2012, and each fiscal year thereafter,
8663-contributions by the several departments are not required to
8664-be made for General Revenue Funds payrolls processed by the
8665-Comptroller. Payrolls paid by the several departments from all
8666-other State funds must continue to be processed pursuant to
8667-subsection (c) of this Section.
8668-(c-2) Unless otherwise directed by the Comptroller under
8669-subsection (c-3), For State fiscal years 2010, 2012, and each
8670-
8671-
8672-fiscal year thereafter, on or as soon as possible after the
8673-15th day of each month, the Board shall submit vouchers for
8674-payment of State contributions to the System for the
8675-applicable month on the 15th day of each month, or as soon
8676-thereafter as may be practicable. The amount vouchered for a
8677-monthly payment shall total , in a total monthly amount of
8678-one-twelfth of the fiscal year General Revenue Fund
8679-contribution as certified by the System pursuant to Section
8680-14-135.08 of this the Illinois Pension Code.
8681-(c-3) Beginning in State fiscal year 2025, if the
8682-Comptroller requests that the Board submit, during a State
8683-fiscal year, vouchers for multiple monthly payments for
8684-advance payment of State contributions due to the System for
8685-that State fiscal year, then the Board shall submit those
8686-additional vouchers as directed by the Comptroller,
8687-notwithstanding subsection (c-2). Unless an act of
8688-appropriations provides otherwise, nothing in this Section
8689-authorizes the Board to submit, in a State fiscal year,
8690-vouchers for the payment of State contributions to the System
8691-in an amount that exceeds the rate of payroll that is certified
8692-by the System under Section 14-135.08 for that State fiscal
8693-year.
8694-(d) If an employee is paid from trust funds or federal
8695-funds, the department or other employer shall pay employer
8696-contributions from those funds to the System at the certified
8697-rate, unless the terms of the trust or the federal-State
8698-
8699-
8700-agreement preclude the use of the funds for that purpose, in
8701-which case the required employer contributions shall be paid
8702-by the State.
8703-(e) For State fiscal years 2012 through 2045, the minimum
8704-contribution to the System to be made by the State for each
8705-fiscal year shall be an amount determined by the System to be
8706-sufficient to bring the total assets of the System up to 90% of
8707-the total actuarial liabilities of the System by the end of
8708-State fiscal year 2045. In making these determinations, the
8709-required State contribution shall be calculated each year as a
8710-level percentage of payroll over the years remaining to and
8711-including fiscal year 2045 and shall be determined under the
8712-projected unit credit actuarial cost method.
8713-A change in an actuarial or investment assumption that
8714-increases or decreases the required State contribution and
8715-first applies in State fiscal year 2018 or thereafter shall be
8716-implemented in equal annual amounts over a 5-year period
8717-beginning in the State fiscal year in which the actuarial
8718-change first applies to the required State contribution.
8719-A change in an actuarial or investment assumption that
8720-increases or decreases the required State contribution and
8721-first applied to the State contribution in fiscal year 2014,
8722-2015, 2016, or 2017 shall be implemented:
8723-(i) as already applied in State fiscal years before
8724-2018; and
8725-(ii) in the portion of the 5-year period beginning in
8726-
8727-
8728-the State fiscal year in which the actuarial change first
8729-applied that occurs in State fiscal year 2018 or
8730-thereafter, by calculating the change in equal annual
8731-amounts over that 5-year period and then implementing it
8732-at the resulting annual rate in each of the remaining
8733-fiscal years in that 5-year period.
8734-For State fiscal years 1996 through 2005, the State
8735-contribution to the System, as a percentage of the applicable
8736-employee payroll, shall be increased in equal annual
8737-increments so that by State fiscal year 2011, the State is
8738-contributing at the rate required under this Section; except
8739-that (i) for State fiscal year 1998, for all purposes of this
8740-Code and any other law of this State, the certified percentage
8741-of the applicable employee payroll shall be 5.052% for
8742-employees earning eligible creditable service under Section
8743-14-110 and 6.500% for all other employees, notwithstanding any
8744-contrary certification made under Section 14-135.08 before
8745-July 7, 1997 (the effective date of Public Act 90-65), and (ii)
8746-in the following specified State fiscal years, the State
8747-contribution to the System shall not be less than the
8748-following indicated percentages of the applicable employee
8749-payroll, even if the indicated percentage will produce a State
8750-contribution in excess of the amount otherwise required under
8751-this subsection and subsection (a): 9.8% in FY 1999; 10.0% in
8752-FY 2000; 10.2% in FY 2001; 10.4% in FY 2002; 10.6% in FY 2003;
8753-and 10.8% in FY 2004.
8754-
8755-
8756-Beginning in State fiscal year 2046, the minimum State
8757-contribution for each fiscal year shall be the amount needed
8758-to maintain the total assets of the System at 90% of the total
8759-actuarial liabilities of the System.
8760-Amounts received by the System pursuant to Section 25 of
8761-the Budget Stabilization Act or Section 8.12 of the State
8762-Finance Act in any fiscal year do not reduce and do not
8763-constitute payment of any portion of the minimum State
8764-contribution required under this Article in that fiscal year.
8765-Such amounts shall not reduce, and shall not be included in the
8766-calculation of, the required State contributions under this
8767-Article in any future year until the System has reached a
8768-funding ratio of at least 90%. A reference in this Article to
8769-the "required State contribution" or any substantially similar
8770-term does not include or apply to any amounts payable to the
8771-System under Section 25 of the Budget Stabilization Act.
8772-Notwithstanding any other provision of this Section, the
8773-required State contribution for State fiscal year 2005 and for
8774-fiscal year 2008 and each fiscal year thereafter, as
8775-calculated under this Section and certified under Section
8776-14-135.08, shall not exceed an amount equal to (i) the amount
8777-of the required State contribution that would have been
8778-calculated under this Section for that fiscal year if the
8779-System had not received any payments under subsection (d) of
8780-Section 7.2 of the General Obligation Bond Act, minus (ii) the
8781-portion of the State's total debt service payments for that
8782-
8783-
8784-fiscal year on the bonds issued in fiscal year 2003 for the
8785-purposes of that Section 7.2, as determined and certified by
8786-the Comptroller, that is the same as the System's portion of
8787-the total moneys distributed under subsection (d) of Section
8788-7.2 of the General Obligation Bond Act.
8789-(f) (Blank).
8790-(g) For purposes of determining the required State
8791-contribution to the System, the value of the System's assets
8792-shall be equal to the actuarial value of the System's assets,
8793-which shall be calculated as follows:
8794-As of June 30, 2008, the actuarial value of the System's
8795-assets shall be equal to the market value of the assets as of
8796-that date. In determining the actuarial value of the System's
8797-assets for fiscal years after June 30, 2008, any actuarial
8798-gains or losses from investment return incurred in a fiscal
8799-year shall be recognized in equal annual amounts over the
8800-5-year period following that fiscal year.
8801-(h) For purposes of determining the required State
8802-contribution to the System for a particular year, the
8803-actuarial value of assets shall be assumed to earn a rate of
8804-return equal to the System's actuarially assumed rate of
8805-return.
8806-(i) (Blank).
8807-(j) (Blank).
8808-(k) For fiscal year 2012 and each fiscal year thereafter,
8809-after the submission of all payments for eligible employees
8810-
8811-
8812-from personal services line items paid from the General
8813-Revenue Fund in the fiscal year have been made, the
8814-Comptroller shall provide to the System a certification of the
8815-sum of all expenditures in the fiscal year for personal
8816-services. Upon receipt of the certification, the System shall
8817-determine the amount due to the System based on the full rate
8818-certified by the Board under Section 14-135.08 for the fiscal
8819-year in order to meet the State's obligation under this
8820-Section. The System shall compare this amount due to the
8821-amount received by the System for the fiscal year. If the
8822-amount due is more than the amount received, the difference
8823-shall be termed the "Prior Fiscal Year Shortfall" for purposes
8824-of this Section, and the Prior Fiscal Year Shortfall shall be
8825-satisfied under Section 1.2 of the State Pension Funds
8826-Continuing Appropriation Act. If the amount due is less than
8827-the amount received, the difference shall be termed the "Prior
8828-Fiscal Year Overpayment" for purposes of this Section, and the
8829-Prior Fiscal Year Overpayment shall be repaid by the System to
8830-the General Revenue Fund as soon as practicable after the
8831-certification.
8832-(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
8833-101-10, eff. 6-5-19.)
8834-(40 ILCS 5/15-165) (from Ch. 108 1/2, par. 15-165)
8835-Sec. 15-165. To certify amounts and submit vouchers.
8836-(a) The Board shall certify to the Governor on or before
8837-
8838-
8839-November 15 of each year until November 15, 2011 the
8840-appropriation required from State funds for the purposes of
8841-this System for the following fiscal year. The certification
8842-under this subsection (a) shall include a copy of the
8843-actuarial recommendations upon which it is based and shall
8844-specifically identify the System's projected State normal cost
8845-for that fiscal year and the projected State cost for the
8846-self-managed plan for that fiscal year.
8847-On or before May 1, 2004, the Board shall recalculate and
8848-recertify to the Governor the amount of the required State
8849-contribution to the System for State fiscal year 2005, taking
8850-into account the amounts appropriated to and received by the
8851-System under subsection (d) of Section 7.2 of the General
8852-Obligation Bond Act.
8853-On or before July 1, 2005, the Board shall recalculate and
8854-recertify to the Governor the amount of the required State
8855-contribution to the System for State fiscal year 2006, taking
8856-into account the changes in required State contributions made
8857-by this amendatory Act of the 94th General Assembly.
8858-On or before April 1, 2011, the Board shall recalculate
8859-and recertify to the Governor the amount of the required State
8860-contribution to the System for State fiscal year 2011,
8861-applying the changes made by Public Act 96-889 to the System's
8862-assets and liabilities as of June 30, 2009 as though Public Act
8863-96-889 was approved on that date.
8864-(a-5) On or before November 1 of each year, beginning
8865-
8866-
8867-November 1, 2012, the Board shall submit to the State Actuary,
8868-the Governor, and the General Assembly a proposed
8869-certification of the amount of the required State contribution
8870-to the System for the next fiscal year, along with all of the
8871-actuarial assumptions, calculations, and data upon which that
8872-proposed certification is based. On or before January 1 of
8873-each year, beginning January 1, 2013, the State Actuary shall
8874-issue a preliminary report concerning the proposed
8875-certification and identifying, if necessary, recommended
8876-changes in actuarial assumptions that the Board must consider
8877-before finalizing its certification of the required State
8878-contributions. On or before January 15, 2013 and each January
8879-15 thereafter, the Board shall certify to the Governor and the
8880-General Assembly the amount of the required State contribution
8881-for the next fiscal year. The Board's certification must note,
8882-in a written response to the State Actuary, any deviations
8883-from the State Actuary's recommended changes, the reason or
8884-reasons for not following the State Actuary's recommended
8885-changes, and the fiscal impact of not following the State
8886-Actuary's recommended changes on the required State
8887-contribution.
8888-(a-10) By November 1, 2017, the Board shall recalculate
8889-and recertify to the State Actuary, the Governor, and the
8890-General Assembly the amount of the State contribution to the
8891-System for State fiscal year 2018, taking into account the
8892-changes in required State contributions made by this
8893-
8894-
8895-amendatory Act of the 100th General Assembly. The State
8896-Actuary shall review the assumptions and valuations underlying
8897-the Board's revised certification and issue a preliminary
8898-report concerning the proposed recertification and
8899-identifying, if necessary, recommended changes in actuarial
8900-assumptions that the Board must consider before finalizing its
8901-certification of the required State contributions. The Board's
8902-final certification must note any deviations from the State
8903-Actuary's recommended changes, the reason or reasons for not
8904-following the State Actuary's recommended changes, and the
8905-fiscal impact of not following the State Actuary's recommended
8906-changes on the required State contribution.
8907-(a-15) On or after June 15, 2019, but no later than June
8908-30, 2019, the Board shall recalculate and recertify to the
8909-Governor and the General Assembly the amount of the State
8910-contribution to the System for State fiscal year 2019, taking
8911-into account the changes in required State contributions made
8912-by this amendatory Act of the 100th General Assembly. The
8913-recalculation shall be made using assumptions adopted by the
8914-Board for the original fiscal year 2019 certification. The
8915-monthly voucher for the 12th month of fiscal year 2019 shall be
8916-paid by the Comptroller after the recertification required
8917-pursuant to this subsection is submitted to the Governor,
8918-Comptroller, and General Assembly. The recertification
8919-submitted to the General Assembly shall be filed with the
8920-Clerk of the House of Representatives and the Secretary of the
8921-
8922-
8923-Senate in electronic form only, in the manner that the Clerk
8924-and the Secretary shall direct.
8925-(b) The Board shall certify to the State Comptroller or
8926-employer, as the case may be, from time to time, by its
8927-chairperson and secretary, with its seal attached, the amounts
8928-payable to the System from the various funds.
8929-(c) Unless otherwise directed by the Comptroller under
8930-subsection (c-1), Beginning in State fiscal year 1996, on or
8931-as soon as possible after the 15th day of each month the Board
8932-shall submit vouchers for payment of State contributions to
8933-the System for the applicable month on the 15th day of each
8934-month, or as soon thereafter as may be practicable. The amount
8935-vouchered for a monthly payment shall total , in a total
8936-monthly amount of one-twelfth of the required annual State
8937-contribution certified under subsection (a).
8938-(c-1) Beginning in State fiscal year 2025, if the
8939-Comptroller requests that the Board submit, during a State
8940-fiscal year, vouchers for multiple monthly payments for
8941-advance payment of State contributions due to the System for
8942-that State fiscal year, then the Board shall submit those
8943-additional vouchers as directed by the Comptroller,
8944-notwithstanding subsection (c). Unless an act of
8945-appropriations provides otherwise, nothing in this Section
8946-authorizes the Board to submit, in a State fiscal year,
8947-vouchers for the payment of State contributions to the System
8948-in an amount that exceeds the annual certified contribution
8949-
8950-
8951-for the System under this Section for that State fiscal year.
8952-From the effective date of this amendatory Act of the 93rd
8953-General Assembly through June 30, 2004, the Board shall not
8954-submit vouchers for the remainder of fiscal year 2004 in
8955-excess of the fiscal year 2004 certified contribution amount
8956-determined under this Section after taking into consideration
8957-the transfer to the System under subsection (b) of Section
8958-6z-61 of the State Finance Act.
8959-(c-2) The These vouchers described in subsections (c) and
8960-(c-1) shall be paid by the State Comptroller and Treasurer by
8961-warrants drawn on the funds appropriated to the System for
8962-that fiscal year.
8963-If in any month the amount remaining unexpended from all
8964-other appropriations to the System for the applicable fiscal
8965-year (including the appropriations to the System under Section
8966-8.12 of the State Finance Act and Section 1 of the State
8967-Pension Funds Continuing Appropriation Act) is less than the
8968-amount lawfully vouchered under this Section, the difference
8969-shall be paid from the General Revenue Fund under the
8970-continuing appropriation authority provided in Section 1.1 of
8971-the State Pension Funds Continuing Appropriation Act.
8972-(d) So long as the payments received are the full amount
8973-lawfully vouchered under this Section, payments received by
8974-the System under this Section shall be applied first toward
8975-the employer contribution to the self-managed plan established
8976-under Section 15-158.2. Payments shall be applied second
8977-
8978-
8979-toward the employer's portion of the normal costs of the
8980-System, as defined in subsection (f) of Section 15-155. The
8981-balance shall be applied toward the unfunded actuarial
8982-liabilities of the System.
8983-(e) In the event that the System does not receive, as a
8984-result of legislative enactment or otherwise, payments
8985-sufficient to fully fund the employer contribution to the
8986-self-managed plan established under Section 15-158.2 and to
8987-fully fund that portion of the employer's portion of the
8988-normal costs of the System, as calculated in accordance with
8989-Section 15-155(a-1), then any payments received shall be
8990-applied proportionately to the optional retirement program
8991-established under Section 15-158.2 and to the employer's
8992-portion of the normal costs of the System, as calculated in
8993-accordance with Section 15-155(a-1).
8994-(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
8995-(40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158)
8996-Sec. 16-158. Contributions by State and other employing
8997-units.
8998-(a) The State shall make contributions to the System by
8999-means of appropriations from the Common School Fund and other
9000-State funds of amounts which, together with other employer
9001-contributions, employee contributions, investment income, and
9002-other income, will be sufficient to meet the cost of
9003-maintaining and administering the System on a 90% funded basis
9004-
9005-
9006-in accordance with actuarial recommendations.
9007-The Board shall determine the amount of State
9008-contributions required for each fiscal year on the basis of
9009-the actuarial tables and other assumptions adopted by the
9010-Board and the recommendations of the actuary, using the
9011-formula in subsection (b-3).
9012-(a-1) Annually, on or before November 15 until November
9013-15, 2011, the Board shall certify to the Governor the amount of
9014-the required State contribution for the coming fiscal year.
9015-The certification under this subsection (a-1) shall include a
9016-copy of the actuarial recommendations upon which it is based
9017-and shall specifically identify the System's projected State
9018-normal cost for that fiscal year.
9019-On or before May 1, 2004, the Board shall recalculate and
9020-recertify to the Governor the amount of the required State
9021-contribution to the System for State fiscal year 2005, taking
9022-into account the amounts appropriated to and received by the
9023-System under subsection (d) of Section 7.2 of the General
9024-Obligation Bond Act.
9025-On or before July 1, 2005, the Board shall recalculate and
9026-recertify to the Governor the amount of the required State
9027-contribution to the System for State fiscal year 2006, taking
9028-into account the changes in required State contributions made
9029-by Public Act 94-4.
9030-On or before April 1, 2011, the Board shall recalculate
9031-and recertify to the Governor the amount of the required State
9032-
9033-
9034-contribution to the System for State fiscal year 2011,
9035-applying the changes made by Public Act 96-889 to the System's
9036-assets and liabilities as of June 30, 2009 as though Public Act
9037-96-889 was approved on that date.
9038-(a-5) On or before November 1 of each year, beginning
9039-November 1, 2012, the Board shall submit to the State Actuary,
9040-the Governor, and the General Assembly a proposed
9041-certification of the amount of the required State contribution
9042-to the System for the next fiscal year, along with all of the
9043-actuarial assumptions, calculations, and data upon which that
9044-proposed certification is based. On or before January 1 of
9045-each year, beginning January 1, 2013, the State Actuary shall
9046-issue a preliminary report concerning the proposed
9047-certification and identifying, if necessary, recommended
9048-changes in actuarial assumptions that the Board must consider
9049-before finalizing its certification of the required State
9050-contributions. On or before January 15, 2013 and each January
9051-15 thereafter, the Board shall certify to the Governor and the
9052-General Assembly the amount of the required State contribution
9053-for the next fiscal year. The Board's certification must note
9054-any deviations from the State Actuary's recommended changes,
9055-the reason or reasons for not following the State Actuary's
9056-recommended changes, and the fiscal impact of not following
9057-the State Actuary's recommended changes on the required State
9058-contribution.
9059-(a-10) By November 1, 2017, the Board shall recalculate
9060-
9061-
9062-and recertify to the State Actuary, the Governor, and the
9063-General Assembly the amount of the State contribution to the
9064-System for State fiscal year 2018, taking into account the
9065-changes in required State contributions made by Public Act
9066-100-23. The State Actuary shall review the assumptions and
9067-valuations underlying the Board's revised certification and
9068-issue a preliminary report concerning the proposed
9069-recertification and identifying, if necessary, recommended
9070-changes in actuarial assumptions that the Board must consider
9071-before finalizing its certification of the required State
9072-contributions. The Board's final certification must note any
9073-deviations from the State Actuary's recommended changes, the
9074-reason or reasons for not following the State Actuary's
9075-recommended changes, and the fiscal impact of not following
9076-the State Actuary's recommended changes on the required State
9077-contribution.
9078-(a-15) On or after June 15, 2019, but no later than June
9079-30, 2019, the Board shall recalculate and recertify to the
9080-Governor and the General Assembly the amount of the State
9081-contribution to the System for State fiscal year 2019, taking
9082-into account the changes in required State contributions made
9083-by Public Act 100-587. The recalculation shall be made using
9084-assumptions adopted by the Board for the original fiscal year
9085-2019 certification. The monthly voucher for the 12th month of
9086-fiscal year 2019 shall be paid by the Comptroller after the
9087-recertification required pursuant to this subsection is
9088-
9089-
9090-submitted to the Governor, Comptroller, and General Assembly.
9091-The recertification submitted to the General Assembly shall be
9092-filed with the Clerk of the House of Representatives and the
9093-Secretary of the Senate in electronic form only, in the manner
9094-that the Clerk and the Secretary shall direct.
9095-(b) Through State fiscal year 1995, the State
9096-contributions shall be paid to the System in accordance with
9097-Section 18-7 of the School Code.
9098-(b-1) Unless otherwise directed by the Comptroller under
9099-subsection (b-1.1), Beginning in State fiscal year 1996, on
9100-the 15th day of each month, or as soon thereafter as may be
9101-practicable, the Board shall submit vouchers for payment of
9102-State contributions to the System for the applicable month on
9103-the 15th day of each month, or as soon thereafter as may be
9104-practicable. The amount vouchered for a monthly payment shall
9105-total , in a total monthly amount of one-twelfth of the
9106-required annual State contribution certified under subsection
9107-(a-1).
9108-(b-1.1) Beginning in State fiscal year 2025, if the
9109-Comptroller requests that the Board submit, during a State
9110-fiscal year, vouchers for multiple monthly payments for the
9111-advance payment of State contributions due to the System for
9112-that State fiscal year, then the Board shall submit those
9113-additional vouchers as directed by the Comptroller,
9114-notwithstanding subsection (b-1). Unless an act of
9115-appropriations provides otherwise, nothing in this Section
9116-
9117-
9118-authorizes the Board to submit, in a State fiscal year,
9119-vouchers for the payment of State contributions to the System
9120-in an amount that exceeds the rate of payroll that is certified
9121-by the System under this Section for that State fiscal year.
9122-From March 5, 2004 (the effective date of Public Act
9123-93-665) through June 30, 2004, the Board shall not submit
9124-vouchers for the remainder of fiscal year 2004 in excess of the
9125-fiscal year 2004 certified contribution amount determined
9126-under this Section after taking into consideration the
9127-transfer to the System under subsection (a) of Section 6z-61
9128-of the State Finance Act.
9129-(b-1.2) The These vouchers described in subsections (b-1)
9130-and (b-1.1) shall be paid by the State Comptroller and
9131-Treasurer by warrants drawn on the funds appropriated to the
9132-System for that fiscal year.
9133-If in any month the amount remaining unexpended from all
9134-other appropriations to the System for the applicable fiscal
9135-year (including the appropriations to the System under Section
9136-8.12 of the State Finance Act and Section 1 of the State
9137-Pension Funds Continuing Appropriation Act) is less than the
9138-amount lawfully vouchered under this subsection, the
9139-difference shall be paid from the Common School Fund under the
9140-continuing appropriation authority provided in Section 1.1 of
9141-the State Pension Funds Continuing Appropriation Act.
9142-(b-2) Allocations from the Common School Fund apportioned
9143-to school districts not coming under this System shall not be
9144-
9145-
9146-diminished or affected by the provisions of this Article.
9147-(b-3) For State fiscal years 2012 through 2045, the
9148-minimum contribution to the System to be made by the State for
9149-each fiscal year shall be an amount determined by the System to
9150-be sufficient to bring the total assets of the System up to 90%
9151-of the total actuarial liabilities of the System by the end of
9152-State fiscal year 2045. In making these determinations, the
9153-required State contribution shall be calculated each year as a
9154-level percentage of payroll over the years remaining to and
9155-including fiscal year 2045 and shall be determined under the
9156-projected unit credit actuarial cost method.
9157-For each of State fiscal years 2018, 2019, and 2020, the
9158-State shall make an additional contribution to the System
9159-equal to 2% of the total payroll of each employee who is deemed
9160-to have elected the benefits under Section 1-161 or who has
9161-made the election under subsection (c) of Section 1-161.
9162-A change in an actuarial or investment assumption that
9163-increases or decreases the required State contribution and
9164-first applies in State fiscal year 2018 or thereafter shall be
9165-implemented in equal annual amounts over a 5-year period
9166-beginning in the State fiscal year in which the actuarial
9167-change first applies to the required State contribution.
9168-A change in an actuarial or investment assumption that
9169-increases or decreases the required State contribution and
9170-first applied to the State contribution in fiscal year 2014,
9171-2015, 2016, or 2017 shall be implemented:
9172-
9173-
9174-(i) as already applied in State fiscal years before
9175-2018; and
9176-(ii) in the portion of the 5-year period beginning in
9177-the State fiscal year in which the actuarial change first
9178-applied that occurs in State fiscal year 2018 or
9179-thereafter, by calculating the change in equal annual
9180-amounts over that 5-year period and then implementing it
9181-at the resulting annual rate in each of the remaining
9182-fiscal years in that 5-year period.
9183-For State fiscal years 1996 through 2005, the State
9184-contribution to the System, as a percentage of the applicable
9185-employee payroll, shall be increased in equal annual
9186-increments so that by State fiscal year 2011, the State is
9187-contributing at the rate required under this Section; except
9188-that in the following specified State fiscal years, the State
9189-contribution to the System shall not be less than the
9190-following indicated percentages of the applicable employee
9191-payroll, even if the indicated percentage will produce a State
9192-contribution in excess of the amount otherwise required under
9193-this subsection and subsection (a), and notwithstanding any
9194-contrary certification made under subsection (a-1) before May
9195-27, 1998 (the effective date of Public Act 90-582): 10.02% in
9196-FY 1999; 10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY
9197-2002; 12.86% in FY 2003; and 13.56% in FY 2004.
9198-Notwithstanding any other provision of this Article, the
9199-total required State contribution for State fiscal year 2006
9200-
9201-
9202-is $534,627,700.
9203-Notwithstanding any other provision of this Article, the
9204-total required State contribution for State fiscal year 2007
9205-is $738,014,500.
9206-For each of State fiscal years 2008 through 2009, the
9207-State contribution to the System, as a percentage of the
9208-applicable employee payroll, shall be increased in equal
9209-annual increments from the required State contribution for
9210-State fiscal year 2007, so that by State fiscal year 2011, the
9211-State is contributing at the rate otherwise required under
9212-this Section.
9213-Notwithstanding any other provision of this Article, the
9214-total required State contribution for State fiscal year 2010
9215-is $2,089,268,000 and shall be made from the proceeds of bonds
9216-sold in fiscal year 2010 pursuant to Section 7.2 of the General
9217-Obligation Bond Act, less (i) the pro rata share of bond sale
9218-expenses determined by the System's share of total bond
9219-proceeds, (ii) any amounts received from the Common School
9220-Fund in fiscal year 2010, and (iii) any reduction in bond
9221-proceeds due to the issuance of discounted bonds, if
9222-applicable.
9223-Notwithstanding any other provision of this Article, the
9224-total required State contribution for State fiscal year 2011
9225-is the amount recertified by the System on or before April 1,
9226-2011 pursuant to subsection (a-1) of this Section and shall be
9227-made from the proceeds of bonds sold in fiscal year 2011
9228-
9229-
9230-pursuant to Section 7.2 of the General Obligation Bond Act,
9231-less (i) the pro rata share of bond sale expenses determined by
9232-the System's share of total bond proceeds, (ii) any amounts
9233-received from the Common School Fund in fiscal year 2011, and
9234-(iii) any reduction in bond proceeds due to the issuance of
9235-discounted bonds, if applicable. This amount shall include, in
9236-addition to the amount certified by the System, an amount
9237-necessary to meet employer contributions required by the State
9238-as an employer under paragraph (e) of this Section, which may
9239-also be used by the System for contributions required by
9240-paragraph (a) of Section 16-127.
9241-Beginning in State fiscal year 2046, the minimum State
9242-contribution for each fiscal year shall be the amount needed
9243-to maintain the total assets of the System at 90% of the total
9244-actuarial liabilities of the System.
9245-Amounts received by the System pursuant to Section 25 of
9246-the Budget Stabilization Act or Section 8.12 of the State
9247-Finance Act in any fiscal year do not reduce and do not
9248-constitute payment of any portion of the minimum State
9249-contribution required under this Article in that fiscal year.
9250-Such amounts shall not reduce, and shall not be included in the
9251-calculation of, the required State contributions under this
9252-Article in any future year until the System has reached a
9253-funding ratio of at least 90%. A reference in this Article to
9254-the "required State contribution" or any substantially similar
9255-term does not include or apply to any amounts payable to the
9256-
9257-
9258-System under Section 25 of the Budget Stabilization Act.
9259-Notwithstanding any other provision of this Section, the
9260-required State contribution for State fiscal year 2005 and for
9261-fiscal year 2008 and each fiscal year thereafter, as
9262-calculated under this Section and certified under subsection
9263-(a-1), shall not exceed an amount equal to (i) the amount of
9264-the required State contribution that would have been
9265-calculated under this Section for that fiscal year if the
9266-System had not received any payments under subsection (d) of
9267-Section 7.2 of the General Obligation Bond Act, minus (ii) the
9268-portion of the State's total debt service payments for that
9269-fiscal year on the bonds issued in fiscal year 2003 for the
9270-purposes of that Section 7.2, as determined and certified by
9271-the Comptroller, that is the same as the System's portion of
9272-the total moneys distributed under subsection (d) of Section
9273-7.2 of the General Obligation Bond Act. In determining this
9274-maximum for State fiscal years 2008 through 2010, however, the
9275-amount referred to in item (i) shall be increased, as a
9276-percentage of the applicable employee payroll, in equal
9277-increments calculated from the sum of the required State
9278-contribution for State fiscal year 2007 plus the applicable
9279-portion of the State's total debt service payments for fiscal
9280-year 2007 on the bonds issued in fiscal year 2003 for the
9281-purposes of Section 7.2 of the General Obligation Bond Act, so
9282-that, by State fiscal year 2011, the State is contributing at
9283-the rate otherwise required under this Section.
9284-
9285-
9286-(b-4) Beginning in fiscal year 2018, each employer under
9287-this Article shall pay to the System a required contribution
9288-determined as a percentage of projected payroll and sufficient
9289-to produce an annual amount equal to:
9290-(i) for each of fiscal years 2018, 2019, and 2020, the
9291-defined benefit normal cost of the defined benefit plan,
9292-less the employee contribution, for each employee of that
9293-employer who has elected or who is deemed to have elected
9294-the benefits under Section 1-161 or who has made the
9295-election under subsection (b) of Section 1-161; for fiscal
9296-year 2021 and each fiscal year thereafter, the defined
9297-benefit normal cost of the defined benefit plan, less the
9298-employee contribution, plus 2%, for each employee of that
9299-employer who has elected or who is deemed to have elected
9300-the benefits under Section 1-161 or who has made the
9301-election under subsection (b) of Section 1-161; plus
9302-(ii) the amount required for that fiscal year to
9303-amortize any unfunded actuarial accrued liability
9304-associated with the present value of liabilities
9305-attributable to the employer's account under Section
9306-16-158.3, determined as a level percentage of payroll over
9307-a 30-year rolling amortization period.
9308-In determining contributions required under item (i) of
9309-this subsection, the System shall determine an aggregate rate
9310-for all employers, expressed as a percentage of projected
9311-payroll.
9312-
9313-
9314-In determining the contributions required under item (ii)
9315-of this subsection, the amount shall be computed by the System
9316-on the basis of the actuarial assumptions and tables used in
9317-the most recent actuarial valuation of the System that is
9318-available at the time of the computation.
9319-The contributions required under this subsection (b-4)
9320-shall be paid by an employer concurrently with that employer's
9321-payroll payment period. The State, as the actual employer of
9322-an employee, shall make the required contributions under this
9323-subsection.
9324-(c) Payment of the required State contributions and of all
9325-pensions, retirement annuities, death benefits, refunds, and
9326-other benefits granted under or assumed by this System, and
9327-all expenses in connection with the administration and
9328-operation thereof, are obligations of the State.
9329-If members are paid from special trust or federal funds
9330-which are administered by the employing unit, whether school
9331-district or other unit, the employing unit shall pay to the
9332-System from such funds the full accruing retirement costs
9333-based upon that service, which, beginning July 1, 2017, shall
9334-be at a rate, expressed as a percentage of salary, equal to the
9335-total employer's normal cost, expressed as a percentage of
9336-payroll, as determined by the System. Employer contributions,
9337-based on salary paid to members from federal funds, may be
9338-forwarded by the distributing agency of the State of Illinois
9339-to the System prior to allocation, in an amount determined in
9340-
9341-
9342-accordance with guidelines established by such agency and the
9343-System. Any contribution for fiscal year 2015 collected as a
9344-result of the change made by Public Act 98-674 shall be
9345-considered a State contribution under subsection (b-3) of this
9346-Section.
9347-(d) Effective July 1, 1986, any employer of a teacher as
9348-defined in paragraph (8) of Section 16-106 shall pay the
9349-employer's normal cost of benefits based upon the teacher's
9350-service, in addition to employee contributions, as determined
9351-by the System. Such employer contributions shall be forwarded
9352-monthly in accordance with guidelines established by the
9353-System.
9354-However, with respect to benefits granted under Section
9355-16-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
9356-of Section 16-106, the employer's contribution shall be 12%
9357-(rather than 20%) of the member's highest annual salary rate
9358-for each year of creditable service granted, and the employer
9359-shall also pay the required employee contribution on behalf of
9360-the teacher. For the purposes of Sections 16-133.4 and
9361-16-133.5, a teacher as defined in paragraph (8) of Section
9362-16-106 who is serving in that capacity while on leave of
9363-absence from another employer under this Article shall not be
9364-considered an employee of the employer from which the teacher
9365-is on leave.
9366-(e) Beginning July 1, 1998, every employer of a teacher
9367-shall pay to the System an employer contribution computed as
9368-
9369-
9370-follows:
9371-(1) Beginning July 1, 1998 through June 30, 1999, the
9372-employer contribution shall be equal to 0.3% of each
9373-teacher's salary.
9374-(2) Beginning July 1, 1999 and thereafter, the
9375-employer contribution shall be equal to 0.58% of each
9376-teacher's salary.
9377-The school district or other employing unit may pay these
9378-employer contributions out of any source of funding available
9379-for that purpose and shall forward the contributions to the
9380-System on the schedule established for the payment of member
9381-contributions.
9382-These employer contributions are intended to offset a
9383-portion of the cost to the System of the increases in
9384-retirement benefits resulting from Public Act 90-582.
9385-Each employer of teachers is entitled to a credit against
9386-the contributions required under this subsection (e) with
9387-respect to salaries paid to teachers for the period January 1,
9388-2002 through June 30, 2003, equal to the amount paid by that
9389-employer under subsection (a-5) of Section 6.6 of the State
9390-Employees Group Insurance Act of 1971 with respect to salaries
9391-paid to teachers for that period.
9392-The additional 1% employee contribution required under
9393-Section 16-152 by Public Act 90-582 is the responsibility of
9394-the teacher and not the teacher's employer, unless the
9395-employer agrees, through collective bargaining or otherwise,
9396-
9397-
9398-to make the contribution on behalf of the teacher.
9399-If an employer is required by a contract in effect on May
9400-1, 1998 between the employer and an employee organization to
9401-pay, on behalf of all its full-time employees covered by this
9402-Article, all mandatory employee contributions required under
9403-this Article, then the employer shall be excused from paying
9404-the employer contribution required under this subsection (e)
9405-for the balance of the term of that contract. The employer and
9406-the employee organization shall jointly certify to the System
9407-the existence of the contractual requirement, in such form as
9408-the System may prescribe. This exclusion shall cease upon the
9409-termination, extension, or renewal of the contract at any time
9410-after May 1, 1998.
9411-(f) If the amount of a teacher's salary for any school year
9412-used to determine final average salary exceeds the member's
9413-annual full-time salary rate with the same employer for the
9414-previous school year by more than 6%, the teacher's employer
9415-shall pay to the System, in addition to all other payments
9416-required under this Section and in accordance with guidelines
9417-established by the System, the present value of the increase
9418-in benefits resulting from the portion of the increase in
9419-salary that is in excess of 6%. This present value shall be
9420-computed by the System on the basis of the actuarial
9421-assumptions and tables used in the most recent actuarial
9422-valuation of the System that is available at the time of the
9423-computation. If a teacher's salary for the 2005-2006 school
9424-
9425-
9426-year is used to determine final average salary under this
9427-subsection (f), then the changes made to this subsection (f)
9428-by Public Act 94-1057 shall apply in calculating whether the
9429-increase in his or her salary is in excess of 6%. For the
9430-purposes of this Section, change in employment under Section
9431-10-21.12 of the School Code on or after June 1, 2005 shall
9432-constitute a change in employer. The System may require the
9433-employer to provide any pertinent information or
9434-documentation. The changes made to this subsection (f) by
9435-Public Act 94-1111 apply without regard to whether the teacher
9436-was in service on or after its effective date.
9437-Whenever it determines that a payment is or may be
9438-required under this subsection, the System shall calculate the
9439-amount of the payment and bill the employer for that amount.
9440-The bill shall specify the calculations used to determine the
9441-amount due. If the employer disputes the amount of the bill, it
9442-may, within 30 days after receipt of the bill, apply to the
9443-System in writing for a recalculation. The application must
9444-specify in detail the grounds of the dispute and, if the
9445-employer asserts that the calculation is subject to subsection
9446-(g), (g-5), (g-10), (g-15), (g-20), or (h) of this Section,
9447-must include an affidavit setting forth and attesting to all
9448-facts within the employer's knowledge that are pertinent to
9449-the applicability of that subsection. Upon receiving a timely
9450-application for recalculation, the System shall review the
9451-application and, if appropriate, recalculate the amount due.
9452-
9453-
9454-The employer contributions required under this subsection
9455-(f) may be paid in the form of a lump sum within 90 days after
9456-receipt of the bill. If the employer contributions are not
9457-paid within 90 days after receipt of the bill, then interest
9458-will be charged at a rate equal to the System's annual
9459-actuarially assumed rate of return on investment compounded
9460-annually from the 91st day after receipt of the bill. Payments
9461-must be concluded within 3 years after the employer's receipt
9462-of the bill.
9463-(f-1) (Blank).
9464-(g) This subsection (g) applies only to payments made or
9465-salary increases given on or after June 1, 2005 but before July
9466-1, 2011. The changes made by Public Act 94-1057 shall not
9467-require the System to refund any payments received before July
9468-31, 2006 (the effective date of Public Act 94-1057).
9469-When assessing payment for any amount due under subsection
9470-(f), the System shall exclude salary increases paid to
9471-teachers under contracts or collective bargaining agreements
9472-entered into, amended, or renewed before June 1, 2005.
9473-When assessing payment for any amount due under subsection
9474-(f), the System shall exclude salary increases paid to a
9475-teacher at a time when the teacher is 10 or more years from
9476-retirement eligibility under Section 16-132 or 16-133.2.
9477-When assessing payment for any amount due under subsection
9478-(f), the System shall exclude salary increases resulting from
9479-overload work, including summer school, when the school
9480-
9481-
9482-district has certified to the System, and the System has
9483-approved the certification, that (i) the overload work is for
9484-the sole purpose of classroom instruction in excess of the
9485-standard number of classes for a full-time teacher in a school
9486-district during a school year and (ii) the salary increases
9487-are equal to or less than the rate of pay for classroom
9488-instruction computed on the teacher's current salary and work
9489-schedule.
9490-When assessing payment for any amount due under subsection
9491-(f), the System shall exclude a salary increase resulting from
9492-a promotion (i) for which the employee is required to hold a
9493-certificate or supervisory endorsement issued by the State
9494-Teacher Certification Board that is a different certification
9495-or supervisory endorsement than is required for the teacher's
9496-previous position and (ii) to a position that has existed and
9497-been filled by a member for no less than one complete academic
9498-year and the salary increase from the promotion is an increase
9499-that results in an amount no greater than the lesser of the
9500-average salary paid for other similar positions in the
9501-district requiring the same certification or the amount
9502-stipulated in the collective bargaining agreement for a
9503-similar position requiring the same certification.
9504-When assessing payment for any amount due under subsection
9505-(f), the System shall exclude any payment to the teacher from
9506-the State of Illinois or the State Board of Education over
9507-which the employer does not have discretion, notwithstanding
9508-
9509-
9510-that the payment is included in the computation of final
9511-average salary.
9512-(g-5) When assessing payment for any amount due under
9513-subsection (f), the System shall exclude salary increases
9514-resulting from overload or stipend work performed in a school
9515-year subsequent to a school year in which the employer was
9516-unable to offer or allow to be conducted overload or stipend
9517-work due to an emergency declaration limiting such activities.
9518-(g-10) When assessing payment for any amount due under
9519-subsection (f), the System shall exclude salary increases
9520-resulting from increased instructional time that exceeded the
9521-instructional time required during the 2019-2020 school year.
9522-(g-15) When assessing payment for any amount due under
9523-subsection (f), the System shall exclude salary increases
9524-resulting from teaching summer school on or after May 1, 2021
9525-and before September 15, 2022.
9526-(g-20) When assessing payment for any amount due under
9527-subsection (f), the System shall exclude salary increases
9528-necessary to bring a school board in compliance with Public
9529-Act 101-443 or this amendatory Act of the 103rd General
9530-Assembly.
9531-(h) When assessing payment for any amount due under
9532-subsection (f), the System shall exclude any salary increase
9533-described in subsection (g) of this Section given on or after
9534-July 1, 2011 but before July 1, 2014 under a contract or
9535-collective bargaining agreement entered into, amended, or
9536-
9537-
9538-renewed on or after June 1, 2005 but before July 1, 2011.
9539-Notwithstanding any other provision of this Section, any
9540-payments made or salary increases given after June 30, 2014
9541-shall be used in assessing payment for any amount due under
9542-subsection (f) of this Section.
9543-(i) The System shall prepare a report and file copies of
9544-the report with the Governor and the General Assembly by
9545-January 1, 2007 that contains all of the following
9546-information:
9547-(1) The number of recalculations required by the
9548-changes made to this Section by Public Act 94-1057 for
9549-each employer.
9550-(2) The dollar amount by which each employer's
9551-contribution to the System was changed due to
9552-recalculations required by Public Act 94-1057.
9553-(3) The total amount the System received from each
9554-employer as a result of the changes made to this Section by
9555-Public Act 94-4.
9556-(4) The increase in the required State contribution
9557-resulting from the changes made to this Section by Public
9558-Act 94-1057.
9559-(i-5) For school years beginning on or after July 1, 2017,
9560-if the amount of a participant's salary for any school year
9561-exceeds the amount of the salary set for the Governor, the
9562-participant's employer shall pay to the System, in addition to
9563-all other payments required under this Section and in
9564-
9565-
9566-accordance with guidelines established by the System, an
9567-amount determined by the System to be equal to the employer
9568-normal cost, as established by the System and expressed as a
9569-total percentage of payroll, multiplied by the amount of
9570-salary in excess of the amount of the salary set for the
9571-Governor. This amount shall be computed by the System on the
9572-basis of the actuarial assumptions and tables used in the most
9573-recent actuarial valuation of the System that is available at
9574-the time of the computation. The System may require the
9575-employer to provide any pertinent information or
9576-documentation.
9577-Whenever it determines that a payment is or may be
9578-required under this subsection, the System shall calculate the
9579-amount of the payment and bill the employer for that amount.
9580-The bill shall specify the calculations used to determine the
9581-amount due. If the employer disputes the amount of the bill, it
9582-may, within 30 days after receipt of the bill, apply to the
9583-System in writing for a recalculation. The application must
9584-specify in detail the grounds of the dispute. Upon receiving a
9585-timely application for recalculation, the System shall review
9586-the application and, if appropriate, recalculate the amount
9587-due.
9588-The employer contributions required under this subsection
9589-may be paid in the form of a lump sum within 90 days after
9590-receipt of the bill. If the employer contributions are not
9591-paid within 90 days after receipt of the bill, then interest
9592-
9593-
9594-will be charged at a rate equal to the System's annual
9595-actuarially assumed rate of return on investment compounded
9596-annually from the 91st day after receipt of the bill. Payments
9597-must be concluded within 3 years after the employer's receipt
9598-of the bill.
9599-(j) For purposes of determining the required State
9600-contribution to the System, the value of the System's assets
9601-shall be equal to the actuarial value of the System's assets,
9602-which shall be calculated as follows:
9603-As of June 30, 2008, the actuarial value of the System's
9604-assets shall be equal to the market value of the assets as of
9605-that date. In determining the actuarial value of the System's
9606-assets for fiscal years after June 30, 2008, any actuarial
9607-gains or losses from investment return incurred in a fiscal
9608-year shall be recognized in equal annual amounts over the
9609-5-year period following that fiscal year.
9610-(k) For purposes of determining the required State
9611-contribution to the system for a particular year, the
9612-actuarial value of assets shall be assumed to earn a rate of
9613-return equal to the system's actuarially assumed rate of
9614-return.
9615-(Source: P.A. 102-16, eff. 6-17-21; 102-525, eff. 8-20-21;
9616-102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-515, eff.
9617-8-11-23.)
9618-(40 ILCS 5/18-140) (from Ch. 108 1/2, par. 18-140)
9619-
9620-
9621-Sec. 18-140. To certify required State contributions and
9622-submit vouchers.
9623-(a) The Board shall certify to the Governor, on or before
9624-November 15 of each year until November 15, 2011, the amount of
9625-the required State contribution to the System for the
9626-following fiscal year and shall specifically identify the
9627-System's projected State normal cost for that fiscal year. The
9628-certification shall include a copy of the actuarial
9629-recommendations upon which it is based and shall specifically
9630-identify the System's projected State normal cost for that
9631-fiscal year.
9632-On or before November 1 of each year, beginning November
9633-1, 2012, the Board shall submit to the State Actuary, the
9634-Governor, and the General Assembly a proposed certification of
9635-the amount of the required State contribution to the System
9636-for the next fiscal year, along with all of the actuarial
9637-assumptions, calculations, and data upon which that proposed
9638-certification is based. On or before January 1 of each year
9639-beginning January 1, 2013, the State Actuary shall issue a
9640-preliminary report concerning the proposed certification and
9641-identifying, if necessary, recommended changes in actuarial
9642-assumptions that the Board must consider before finalizing its
9643-certification of the required State contributions. On or
9644-before January 15, 2013 and every January 15 thereafter, the
9645-Board shall certify to the Governor and the General Assembly
9646-the amount of the required State contribution for the next
9647-
9648-
9649-fiscal year. The Board's certification must note any
9650-deviations from the State Actuary's recommended changes, the
9651-reason or reasons for not following the State Actuary's
9652-recommended changes, and the fiscal impact of not following
9653-the State Actuary's recommended changes on the required State
9654-contribution.
9655-On or before May 1, 2004, the Board shall recalculate and
9656-recertify to the Governor the amount of the required State
9657-contribution to the System for State fiscal year 2005, taking
9658-into account the amounts appropriated to and received by the
9659-System under subsection (d) of Section 7.2 of the General
9660-Obligation Bond Act.
9661-On or before July 1, 2005, the Board shall recalculate and
9662-recertify to the Governor the amount of the required State
9663-contribution to the System for State fiscal year 2006, taking
9664-into account the changes in required State contributions made
9665-by this amendatory Act of the 94th General Assembly.
9666-On or before April 1, 2011, the Board shall recalculate
9667-and recertify to the Governor the amount of the required State
9668-contribution to the System for State fiscal year 2011,
9669-applying the changes made by Public Act 96-889 to the System's
9670-assets and liabilities as of June 30, 2009 as though Public Act
9671-96-889 was approved on that date.
9672-By November 1, 2017, the Board shall recalculate and
9673-recertify to the State Actuary, the Governor, and the General
9674-Assembly the amount of the State contribution to the System
9675-
9676-
9677-for State fiscal year 2018, taking into account the changes in
9678-required State contributions made by this amendatory Act of
9679-the 100th General Assembly. The State Actuary shall review the
9680-assumptions and valuations underlying the Board's revised
9681-certification and issue a preliminary report concerning the
9682-proposed recertification and identifying, if necessary,
9683-recommended changes in actuarial assumptions that the Board
9684-must consider before finalizing its certification of the
9685-required State contributions. The Board's final certification
9686-must note any deviations from the State Actuary's recommended
9687-changes, the reason or reasons for not following the State
9688-Actuary's recommended changes, and the fiscal impact of not
9689-following the State Actuary's recommended changes on the
9690-required State contribution.
9691-(b) Unless otherwise directed by the Comptroller under
9692-subsection (b-1), Beginning in State fiscal year 1996, on or
9693-as soon as possible after the 15th day of each month the Board
9694-shall submit vouchers for payment of State contributions to
9695-the System for the applicable month on the 15th day of each
9696-month, or as soon thereafter as may be practicable. The amount
9697-vouchered for a monthly payment shall total , in a total
9698-monthly amount of one-twelfth of the required annual State
9699-contribution certified under subsection (a).
9700-(b-1) Beginning in State fiscal year 2025, if the
9701-Comptroller requests that the Board submit, during a State
9702-fiscal year, vouchers for multiple monthly payments for the
9703-
9704-
9705-advance payment of State contributions due to the System for
9706-that State fiscal year, then the Board shall submit those
9707-additional vouchers as directed by the Comptroller,
9708-notwithstanding subsection (b). Unless an act of
9709-appropriations provides otherwise, nothing in this Section
9710-authorizes the Board to submit, in a State fiscal year,
9711-vouchers for the payment of State contributions to the System
9712-in an amount that exceeds the rate of payroll that is certified
9713-by the System under this Section for that State fiscal year.
9714-From the effective date of this amendatory Act of the 93rd
9715-General Assembly through June 30, 2004, the Board shall not
9716-submit vouchers for the remainder of fiscal year 2004 in
9717-excess of the fiscal year 2004 certified contribution amount
9718-determined under this Section after taking into consideration
9719-the transfer to the System under subsection (c) of Section
9720-6z-61 of the State Finance Act.
9721-(b-2) The These vouchers described in subsections (b) and
9722-(b-1) shall be paid by the State Comptroller and Treasurer by
9723-warrants drawn on the funds appropriated to the System for
9724-that fiscal year.
9725-If in any month the amount remaining unexpended from all
9726-other appropriations to the System for the applicable fiscal
9727-year (including the appropriations to the System under Section
9728-8.12 of the State Finance Act and Section 1 of the State
9729-Pension Funds Continuing Appropriation Act) is less than the
9730-amount lawfully vouchered under this Section, the difference
9731-
9732-
9733-shall be paid from the General Revenue Fund under the
9734-continuing appropriation authority provided in Section 1.1 of
9735-the State Pension Funds Continuing Appropriation Act.
9736-(Source: P.A. 100-23, eff. 7-6-17.)
9737-Article 20.
9738-Section 20-5. The Illinois Act on the Aging is amended by
9739-changing Section 4.02 as follows:
9740-(20 ILCS 105/4.02)
9741-Sec. 4.02. Community Care Program. The Department shall
9742-establish a program of services to prevent unnecessary
9743-institutionalization of persons age 60 and older in need of
9744-long term care or who are established as persons who suffer
9745-from Alzheimer's disease or a related disorder under the
9746-Alzheimer's Disease Assistance Act, thereby enabling them to
9747-remain in their own homes or in other living arrangements.
9748-Such preventive services, which may be coordinated with other
9749-programs for the aged and monitored by area agencies on aging
9750-in cooperation with the Department, may include, but are not
9751-limited to, any or all of the following:
9752-(a) (blank);
9753-(b) (blank);
9754-(c) home care aide services;
9755-(d) personal assistant services;
9756-
9757-
9758-(e) adult day services;
9759-(f) home-delivered meals;
9760-(g) education in self-care;
9761-(h) personal care services;
9762-(i) adult day health services;
9763-(j) habilitation services;
9764-(k) respite care;
9765-(k-5) community reintegration services;
9766-(k-6) flexible senior services;
9767-(k-7) medication management;
9768-(k-8) emergency home response;
9769-(l) other nonmedical social services that may enable
9770-the person to become self-supporting; or
9771-(m) clearinghouse for information provided by senior
9772-citizen home owners who want to rent rooms to or share
9773-living space with other senior citizens.
9774-The Department shall establish eligibility standards for
9775-such services. In determining the amount and nature of
9776-services for which a person may qualify, consideration shall
9777-not be given to the value of cash, property, or other assets
9778-held in the name of the person's spouse pursuant to a written
9779-agreement dividing marital property into equal but separate
9780-shares or pursuant to a transfer of the person's interest in a
9781-home to his spouse, provided that the spouse's share of the
9782-marital property is not made available to the person seeking
9783-such services.
9784-
9785-
9786-Beginning January 1, 2008, the Department shall require as
9787-a condition of eligibility that all new financially eligible
9788-applicants apply for and enroll in medical assistance under
9789-Article V of the Illinois Public Aid Code in accordance with
9790-rules promulgated by the Department.
9791-The Department shall, in conjunction with the Department
9792-of Public Aid (now Department of Healthcare and Family
9793-Services), seek appropriate amendments under Sections 1915 and
9794-1924 of the Social Security Act. The purpose of the amendments
9795-shall be to extend eligibility for home and community based
9796-services under Sections 1915 and 1924 of the Social Security
9797-Act to persons who transfer to or for the benefit of a spouse
9798-those amounts of income and resources allowed under Section
9799-1924 of the Social Security Act. Subject to the approval of
9800-such amendments, the Department shall extend the provisions of
9801-Section 5-4 of the Illinois Public Aid Code to persons who, but
9802-for the provision of home or community-based services, would
9803-require the level of care provided in an institution, as is
9804-provided for in federal law. Those persons no longer found to
9805-be eligible for receiving noninstitutional services due to
9806-changes in the eligibility criteria shall be given 45 days
9807-notice prior to actual termination. Those persons receiving
9808-notice of termination may contact the Department and request
9809-the determination be appealed at any time during the 45 day
9810-notice period. The target population identified for the
9811-purposes of this Section are persons age 60 and older with an
9812-
9813-
9814-identified service need. Priority shall be given to those who
9815-are at imminent risk of institutionalization. The services
9816-shall be provided to eligible persons age 60 and older to the
9817-extent that the cost of the services together with the other
9818-personal maintenance expenses of the persons are reasonably
9819-related to the standards established for care in a group
9820-facility appropriate to the person's condition. These
9821-non-institutional services, pilot projects, or experimental
9822-facilities may be provided as part of or in addition to those
9823-authorized by federal law or those funded and administered by
9824-the Department of Human Services. The Departments of Human
9825-Services, Healthcare and Family Services, Public Health,
9826-Veterans' Affairs, and Commerce and Economic Opportunity and
9827-other appropriate agencies of State, federal, and local
9828-governments shall cooperate with the Department on Aging in
9829-the establishment and development of the non-institutional
9830-services. The Department shall require an annual audit from
9831-all personal assistant and home care aide vendors contracting
9832-with the Department under this Section. The annual audit shall
9833-assure that each audited vendor's procedures are in compliance
9834-with Department's financial reporting guidelines requiring an
9835-administrative and employee wage and benefits cost split as
9836-defined in administrative rules. The audit is a public record
9837-under the Freedom of Information Act. The Department shall
9838-execute, relative to the nursing home prescreening project,
9839-written inter-agency agreements with the Department of Human
9840-
9841-
9842-Services and the Department of Healthcare and Family Services,
9843-to effect the following: (1) intake procedures and common
9844-eligibility criteria for those persons who are receiving
9845-non-institutional services; and (2) the establishment and
9846-development of non-institutional services in areas of the
9847-State where they are not currently available or are
9848-undeveloped. On and after July 1, 1996, all nursing home
9849-prescreenings for individuals 60 years of age or older shall
9850-be conducted by the Department.
9851-As part of the Department on Aging's routine training of
9852-case managers and case manager supervisors, the Department may
9853-include information on family futures planning for persons who
9854-are age 60 or older and who are caregivers of their adult
9855-children with developmental disabilities. The content of the
9856-training shall be at the Department's discretion.
9857-The Department is authorized to establish a system of
9858-recipient copayment for services provided under this Section,
9859-such copayment to be based upon the recipient's ability to pay
9860-but in no case to exceed the actual cost of the services
9861-provided. Additionally, any portion of a person's income which
9862-is equal to or less than the federal poverty standard shall not
9863-be considered by the Department in determining the copayment.
9864-The level of such copayment shall be adjusted whenever
9865-necessary to reflect any change in the officially designated
9866-federal poverty standard.
9867-The Department, or the Department's authorized
9868-
9869-
9870-representative, may recover the amount of moneys expended for
9871-services provided to or in behalf of a person under this
9872-Section by a claim against the person's estate or against the
9873-estate of the person's surviving spouse, but no recovery may
9874-be had until after the death of the surviving spouse, if any,
9875-and then only at such time when there is no surviving child who
9876-is under age 21 or blind or who has a permanent and total
9877-disability. This paragraph, however, shall not bar recovery,
9878-at the death of the person, of moneys for services provided to
9879-the person or in behalf of the person under this Section to
9880-which the person was not entitled; provided that such recovery
9881-shall not be enforced against any real estate while it is
9882-occupied as a homestead by the surviving spouse or other
9883-dependent, if no claims by other creditors have been filed
9884-against the estate, or, if such claims have been filed, they
9885-remain dormant for failure of prosecution or failure of the
9886-claimant to compel administration of the estate for the
9887-purpose of payment. This paragraph shall not bar recovery from
9888-the estate of a spouse, under Sections 1915 and 1924 of the
9889-Social Security Act and Section 5-4 of the Illinois Public Aid
9890-Code, who precedes a person receiving services under this
9891-Section in death. All moneys for services paid to or in behalf
9892-of the person under this Section shall be claimed for recovery
9893-from the deceased spouse's estate. "Homestead", as used in
9894-this paragraph, means the dwelling house and contiguous real
9895-estate occupied by a surviving spouse or relative, as defined
9896-
9897-
9898-by the rules and regulations of the Department of Healthcare
9899-and Family Services, regardless of the value of the property.
9900-The Department shall increase the effectiveness of the
9901-existing Community Care Program by:
9902-(1) ensuring that in-home services included in the
9903-care plan are available on evenings and weekends;
9904-(2) ensuring that care plans contain the services that
9905-eligible participants need based on the number of days in
9906-a month, not limited to specific blocks of time, as
9907-identified by the comprehensive assessment tool selected
9908-by the Department for use statewide, not to exceed the
9909-total monthly service cost maximum allowed for each
9910-service; the Department shall develop administrative rules
9911-to implement this item (2);
9912-(3) ensuring that the participants have the right to
9913-choose the services contained in their care plan and to
9914-direct how those services are provided, based on
9915-administrative rules established by the Department;
9916-(4) ensuring that the determination of need tool is
9917-accurate in determining the participants' level of need;
9918-to achieve this, the Department, in conjunction with the
9919-Older Adult Services Advisory Committee, shall institute a
9920-study of the relationship between the Determination of
9921-Need scores, level of need, service cost maximums, and the
9922-development and utilization of service plans no later than
9923-May 1, 2008; findings and recommendations shall be
9924-
9925-
9926-presented to the Governor and the General Assembly no
9927-later than January 1, 2009; recommendations shall include
9928-all needed changes to the service cost maximums schedule
9929-and additional covered services;
9930-(5) ensuring that homemakers can provide personal care
9931-services that may or may not involve contact with clients,
9932-including, but not limited to:
9933-(A) bathing;
9934-(B) grooming;
9935-(C) toileting;
9936-(D) nail care;
9937-(E) transferring;
9938-(F) respiratory services;
9939-(G) exercise; or
9940-(H) positioning;
9941-(6) ensuring that homemaker program vendors are not
9942-restricted from hiring homemakers who are family members
9943-of clients or recommended by clients; the Department may
9944-not, by rule or policy, require homemakers who are family
9945-members of clients or recommended by clients to accept
9946-assignments in homes other than the client;
9947-(7) ensuring that the State may access maximum federal
9948-matching funds by seeking approval for the Centers for
9949-Medicare and Medicaid Services for modifications to the
9950-State's home and community based services waiver and
9951-additional waiver opportunities, including applying for
9952-
9953-
9954-enrollment in the Balance Incentive Payment Program by May
9955-1, 2013, in order to maximize federal matching funds; this
9956-shall include, but not be limited to, modification that
9957-reflects all changes in the Community Care Program
9958-services and all increases in the services cost maximum;
9959-(8) ensuring that the determination of need tool
9960-accurately reflects the service needs of individuals with
9961-Alzheimer's disease and related dementia disorders;
9962-(9) ensuring that services are authorized accurately
9963-and consistently for the Community Care Program (CCP); the
9964-Department shall implement a Service Authorization policy
9965-directive; the purpose shall be to ensure that eligibility
9966-and services are authorized accurately and consistently in
9967-the CCP program; the policy directive shall clarify
9968-service authorization guidelines to Care Coordination
9969-Units and Community Care Program providers no later than
9970-May 1, 2013;
9971-(10) working in conjunction with Care Coordination
9972-Units, the Department of Healthcare and Family Services,
9973-the Department of Human Services, Community Care Program
9974-providers, and other stakeholders to make improvements to
9975-the Medicaid claiming processes and the Medicaid
9976-enrollment procedures or requirements as needed,
9977-including, but not limited to, specific policy changes or
9978-rules to improve the up-front enrollment of participants
9979-in the Medicaid program and specific policy changes or
9980-
9981-
9982-rules to insure more prompt submission of bills to the
9983-federal government to secure maximum federal matching
9984-dollars as promptly as possible; the Department on Aging
9985-shall have at least 3 meetings with stakeholders by
9986-January 1, 2014 in order to address these improvements;
9987-(11) requiring home care service providers to comply
9988-with the rounding of hours worked provisions under the
9989-federal Fair Labor Standards Act (FLSA) and as set forth
9990-in 29 CFR 785.48(b) by May 1, 2013;
9991-(12) implementing any necessary policy changes or
9992-promulgating any rules, no later than January 1, 2014, to
9993-assist the Department of Healthcare and Family Services in
9994-moving as many participants as possible, consistent with
9995-federal regulations, into coordinated care plans if a care
9996-coordination plan that covers long term care is available
9997-in the recipient's area; and
9998-(13) maintaining fiscal year 2014 rates at the same
9999-level established on January 1, 2013.
10000-By January 1, 2009 or as soon after the end of the Cash and
10001-Counseling Demonstration Project as is practicable, the
10002-Department may, based on its evaluation of the demonstration
10003-project, promulgate rules concerning personal assistant
10004-services, to include, but need not be limited to,
10005-qualifications, employment screening, rights under fair labor
10006-standards, training, fiduciary agent, and supervision
10007-requirements. All applicants shall be subject to the
10008-
10009-
10010-provisions of the Health Care Worker Background Check Act.
10011-The Department shall develop procedures to enhance
10012-availability of services on evenings, weekends, and on an
10013-emergency basis to meet the respite needs of caregivers.
10014-Procedures shall be developed to permit the utilization of
10015-services in successive blocks of 24 hours up to the monthly
10016-maximum established by the Department. Workers providing these
10017-services shall be appropriately trained.
10018-Beginning on September 23, 1991 (the effective date of
10019-Public Act 87-729) this amendatory Act of 1991, no person may
10020-perform chore/housekeeping and home care aide services under a
10021-program authorized by this Section unless that person has been
10022-issued a certificate of pre-service to do so by his or her
10023-employing agency. Information gathered to effect such
10024-certification shall include (i) the person's name, (ii) the
10025-date the person was hired by his or her current employer, and
10026-(iii) the training, including dates and levels. Persons
10027-engaged in the program authorized by this Section before the
10028-effective date of this amendatory Act of 1991 shall be issued a
10029-certificate of all pre-service pre- and in-service training
10030-from his or her employer upon submitting the necessary
10031-information. The employing agency shall be required to retain
10032-records of all staff pre-service pre- and in-service training,
10033-and shall provide such records to the Department upon request
10034-and upon termination of the employer's contract with the
10035-Department. In addition, the employing agency is responsible
10036-
10037-
10038-for the issuance of certifications of in-service training
10039-completed to their employees.
10040-The Department is required to develop a system to ensure
10041-that persons working as home care aides and personal
10042-assistants receive increases in their wages when the federal
10043-minimum wage is increased by requiring vendors to certify that
10044-they are meeting the federal minimum wage statute for home
10045-care aides and personal assistants. An employer that cannot
10046-ensure that the minimum wage increase is being given to home
10047-care aides and personal assistants shall be denied any
10048-increase in reimbursement costs.
10049-The Community Care Program Advisory Committee is created
10050-in the Department on Aging. The Director shall appoint
10051-individuals to serve in the Committee, who shall serve at
10052-their own expense. Members of the Committee must abide by all
10053-applicable ethics laws. The Committee shall advise the
10054-Department on issues related to the Department's program of
10055-services to prevent unnecessary institutionalization. The
10056-Committee shall meet on a bi-monthly basis and shall serve to
10057-identify and advise the Department on present and potential
10058-issues affecting the service delivery network, the program's
10059-clients, and the Department and to recommend solution
10060-strategies. Persons appointed to the Committee shall be
10061-appointed on, but not limited to, their own and their agency's
10062-experience with the program, geographic representation, and
10063-willingness to serve. The Director shall appoint members to
10064-
10065-
10066-the Committee to represent provider, advocacy, policy
10067-research, and other constituencies committed to the delivery
10068-of high quality home and community-based services to older
10069-adults. Representatives shall be appointed to ensure
10070-representation from community care providers, including, but
10071-not limited to, adult day service providers, homemaker
10072-providers, case coordination and case management units,
10073-emergency home response providers, statewide trade or labor
10074-unions that represent home care aides and direct care staff,
10075-area agencies on aging, adults over age 60, membership
10076-organizations representing older adults, and other
10077-organizational entities, providers of care, or individuals
10078-with demonstrated interest and expertise in the field of home
10079-and community care as determined by the Director.
10080-Nominations may be presented from any agency or State
10081-association with interest in the program. The Director, or his
10082-or her designee, shall serve as the permanent co-chair of the
10083-advisory committee. One other co-chair shall be nominated and
10084-approved by the members of the committee on an annual basis.
10085-Committee members' terms of appointment shall be for 4 years
10086-with one-quarter of the appointees' terms expiring each year.
10087-A member shall continue to serve until his or her replacement
10088-is named. The Department shall fill vacancies that have a
10089-remaining term of over one year, and this replacement shall
10090-occur through the annual replacement of expiring terms. The
10091-Director shall designate Department staff to provide technical
10092-
10093-
10094-assistance and staff support to the committee. Department
10095-representation shall not constitute membership of the
10096-committee. All Committee papers, issues, recommendations,
10097-reports, and meeting memoranda are advisory only. The
10098-Director, or his or her designee, shall make a written report,
10099-as requested by the Committee, regarding issues before the
10100-Committee.
10101-The Department on Aging and the Department of Human
10102-Services shall cooperate in the development and submission of
10103-an annual report on programs and services provided under this
10104-Section. Such joint report shall be filed with the Governor
10105-and the General Assembly on or before March 31 of the following
10106-fiscal year.
10107-The requirement for reporting to the General Assembly
10108-shall be satisfied by filing copies of the report as required
10109-by Section 3.1 of the General Assembly Organization Act and
10110-filing such additional copies with the State Government Report
10111-Distribution Center for the General Assembly as is required
10112-under paragraph (t) of Section 7 of the State Library Act.
10113-Those persons previously found eligible for receiving
10114-non-institutional services whose services were discontinued
10115-under the Emergency Budget Act of Fiscal Year 1992, and who do
10116-not meet the eligibility standards in effect on or after July
10117-1, 1992, shall remain ineligible on and after July 1, 1992.
10118-Those persons previously not required to cost-share and who
10119-were required to cost-share effective March 1, 1992, shall
10120-
10121-
10122-continue to meet cost-share requirements on and after July 1,
10123-1992. Beginning July 1, 1992, all clients will be required to
10124-meet eligibility, cost-share, and other requirements and will
10125-have services discontinued or altered when they fail to meet
10126-these requirements.
10127-For the purposes of this Section, "flexible senior
10128-services" refers to services that require one-time or periodic
10129-expenditures, including, but not limited to, respite care,
10130-home modification, assistive technology, housing assistance,
10131-and transportation.
10132-The Department shall implement an electronic service
10133-verification based on global positioning systems or other
10134-cost-effective technology for the Community Care Program no
10135-later than January 1, 2014.
10136-The Department shall require, as a condition of
10137-eligibility, enrollment in the medical assistance program
10138-under Article V of the Illinois Public Aid Code (i) beginning
10139-August 1, 2013, if the Auditor General has reported that the
10140-Department has failed to comply with the reporting
10141-requirements of Section 2-27 of the Illinois State Auditing
10142-Act; or (ii) beginning June 1, 2014, if the Auditor General has
10143-reported that the Department has not undertaken the required
10144-actions listed in the report required by subsection (a) of
10145-Section 2-27 of the Illinois State Auditing Act.
10146-The Department shall delay Community Care Program services
10147-until an applicant is determined eligible for medical
10148-
10149-
10150-assistance under Article V of the Illinois Public Aid Code (i)
10151-beginning August 1, 2013, if the Auditor General has reported
10152-that the Department has failed to comply with the reporting
10153-requirements of Section 2-27 of the Illinois State Auditing
10154-Act; or (ii) beginning June 1, 2014, if the Auditor General has
10155-reported that the Department has not undertaken the required
10156-actions listed in the report required by subsection (a) of
10157-Section 2-27 of the Illinois State Auditing Act.
10158-The Department shall implement co-payments for the
10159-Community Care Program at the federally allowable maximum
10160-level (i) beginning August 1, 2013, if the Auditor General has
10161-reported that the Department has failed to comply with the
10162-reporting requirements of Section 2-27 of the Illinois State
10163-Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
10164-General has reported that the Department has not undertaken
10165-the required actions listed in the report required by
10166-subsection (a) of Section 2-27 of the Illinois State Auditing
10167-Act.
10168-The Department shall continue to provide other Community
10169-Care Program reports as required by statute.
10170-The Department shall conduct a quarterly review of Care
10171-Coordination Unit performance and adherence to service
10172-guidelines. The quarterly review shall be reported to the
10173-Speaker of the House of Representatives, the Minority Leader
10174-of the House of Representatives, the President of the Senate,
10175-and the Minority Leader of the Senate. The Department shall
10176-
10177-
10178-collect and report longitudinal data on the performance of
10179-each care coordination unit. Nothing in this paragraph shall
10180-be construed to require the Department to identify specific
10181-care coordination units.
10182-In regard to community care providers, failure to comply
10183-with Department on Aging policies shall be cause for
10184-disciplinary action, including, but not limited to,
10185-disqualification from serving Community Care Program clients.
10186-Each provider, upon submission of any bill or invoice to the
10187-Department for payment for services rendered, shall include a
10188-notarized statement, under penalty of perjury pursuant to
10189-Section 1-109 of the Code of Civil Procedure, that the
10190-provider has complied with all Department policies.
10191-The Director of the Department on Aging shall make
10192-information available to the State Board of Elections as may
10193-be required by an agreement the State Board of Elections has
10194-entered into with a multi-state voter registration list
10195-maintenance system.
10196-Within 30 days after July 6, 2017 (the effective date of
10197-Public Act 100-23), rates shall be increased to $18.29 per
10198-hour, for the purpose of increasing, by at least $.72 per hour,
10199-the wages paid by those vendors to their employees who provide
10200-homemaker services. The Department shall pay an enhanced rate
10201-under the Community Care Program to those in-home service
10202-provider agencies that offer health insurance coverage as a
10203-benefit to their direct service worker employees consistent
10204-
10205-
10206-with the mandates of Public Act 95-713. For State fiscal years
10207-2018 and 2019, the enhanced rate shall be $1.77 per hour. The
10208-rate shall be adjusted using actuarial analysis based on the
10209-cost of care, but shall not be set below $1.77 per hour. The
10210-Department shall adopt rules, including emergency rules under
10211-subsections (y) and (bb) of Section 5-45 of the Illinois
10212-Administrative Procedure Act, to implement the provisions of
10213-this paragraph.
10214-Subject to federal approval, beginning on January 1, 2024,
10215-rates for adult day services shall be increased to $16.84 per
10216-hour and rates for each way transportation services for adult
10217-day services shall be increased to $12.44 per unit
10218-transportation.
10219-Subject to federal approval, on and after January 1, 2024,
10220-rates for homemaker services shall be increased to $28.07 to
10221-sustain a minimum wage of $17 per hour for direct service
10222-workers. Rates in subsequent State fiscal years shall be no
10223-lower than the rates put into effect upon federal approval.
10224-Providers of in-home services shall be required to certify to
10225-the Department that they remain in compliance with the
10226-mandated wage increase for direct service workers. Fringe
10227-benefits, including, but not limited to, paid time off and
10228-payment for training, health insurance, travel, or
10229-transportation, shall not be reduced in relation to the rate
10230-increases described in this paragraph.
10231-Subject to and upon federal approval, on and after January
10232-
10233-
10234-1, 2025, rates for homemaker services shall be increased to
10235-$29.63 to sustain a minimum wage of $18 per hour for direct
10236-service workers. Rates in subsequent State fiscal years shall
10237-be no lower than the rates put into effect upon federal
10238-approval. Providers of in-home services shall be required to
10239-certify to the Department that they remain in compliance with
10240-the mandated wage increase for direct service workers. Fringe
10241-benefits, including, but not limited to, paid time off and
10242-payment for training, health insurance, travel, or
10243-transportation, shall not be reduced in relation to the rate
10244-increases described in this paragraph.
10245-The General Assembly finds it necessary to authorize an
10246-aggressive Medicaid enrollment initiative designed to maximize
10247-federal Medicaid funding for the Community Care Program which
10248-produces significant savings for the State of Illinois. The
10249-Department on Aging shall establish and implement a Community
10250-Care Program Medicaid Initiative. Under the Initiative, the
10251-Department on Aging shall, at a minimum: (i) provide an
10252-enhanced rate to adequately compensate care coordination units
10253-to enroll eligible Community Care Program clients into
10254-Medicaid; (ii) use recommendations from a stakeholder
10255-committee on how best to implement the Initiative; and (iii)
10256-establish requirements for State agencies to make enrollment
10257-in the State's Medical Assistance program easier for seniors.
10258-The Community Care Program Medicaid Enrollment Oversight
10259-Subcommittee is created as a subcommittee of the Older Adult
10260-
10261-
10262-Services Advisory Committee established in Section 35 of the
10263-Older Adult Services Act to make recommendations on how best
10264-to increase the number of medical assistance recipients who
10265-are enrolled in the Community Care Program. The Subcommittee
10266-shall consist of all of the following persons who must be
10267-appointed within 30 days after June 4, 2018 (the effective
10268-date of Public Act 100-587) this amendatory Act of the 100th
10269-General Assembly:
10270-(1) The Director of Aging, or his or her designee, who
10271-shall serve as the chairperson of the Subcommittee.
10272-(2) One representative of the Department of Healthcare
10273-and Family Services, appointed by the Director of
10274-Healthcare and Family Services.
10275-(3) One representative of the Department of Human
10276-Services, appointed by the Secretary of Human Services.
10277-(4) One individual representing a care coordination
10278-unit, appointed by the Director of Aging.
10279-(5) One individual from a non-governmental statewide
10280-organization that advocates for seniors, appointed by the
10281-Director of Aging.
10282-(6) One individual representing Area Agencies on
10283-Aging, appointed by the Director of Aging.
10284-(7) One individual from a statewide association
10285-dedicated to Alzheimer's care, support, and research,
10286-appointed by the Director of Aging.
10287-(8) One individual from an organization that employs
10288-
10289-
10290-persons who provide services under the Community Care
10291-Program, appointed by the Director of Aging.
10292-(9) One member of a trade or labor union representing
10293-persons who provide services under the Community Care
10294-Program, appointed by the Director of Aging.
10295-(10) One member of the Senate, who shall serve as
10296-co-chairperson, appointed by the President of the Senate.
10297-(11) One member of the Senate, who shall serve as
10298-co-chairperson, appointed by the Minority Leader of the
10299-Senate.
10300-(12) One member of the House of Representatives, who
10301-shall serve as co-chairperson, appointed by the Speaker of
10302-the House of Representatives.
10303-(13) One member of the House of Representatives, who
10304-shall serve as co-chairperson, appointed by the Minority
10305-Leader of the House of Representatives.
10306-(14) One individual appointed by a labor organization
10307-representing frontline employees at the Department of
10308-Human Services.
10309-The Subcommittee shall provide oversight to the Community
10310-Care Program Medicaid Initiative and shall meet quarterly. At
10311-each Subcommittee meeting the Department on Aging shall
10312-provide the following data sets to the Subcommittee: (A) the
10313-number of Illinois residents, categorized by planning and
10314-service area, who are receiving services under the Community
10315-Care Program and are enrolled in the State's Medical
10316-
10317-
10318-Assistance Program; (B) the number of Illinois residents,
10319-categorized by planning and service area, who are receiving
10320-services under the Community Care Program, but are not
10321-enrolled in the State's Medical Assistance Program; and (C)
10322-the number of Illinois residents, categorized by planning and
10323-service area, who are receiving services under the Community
10324-Care Program and are eligible for benefits under the State's
10325-Medical Assistance Program, but are not enrolled in the
10326-State's Medical Assistance Program. In addition to this data,
10327-the Department on Aging shall provide the Subcommittee with
10328-plans on how the Department on Aging will reduce the number of
10329-Illinois residents who are not enrolled in the State's Medical
10330-Assistance Program but who are eligible for medical assistance
10331-benefits. The Department on Aging shall enroll in the State's
10332-Medical Assistance Program those Illinois residents who
10333-receive services under the Community Care Program and are
10334-eligible for medical assistance benefits but are not enrolled
10335-in the State's Medicaid Assistance Program. The data provided
10336-to the Subcommittee shall be made available to the public via
10337-the Department on Aging's website.
10338-The Department on Aging, with the involvement of the
10339-Subcommittee, shall collaborate with the Department of Human
10340-Services and the Department of Healthcare and Family Services
10341-on how best to achieve the responsibilities of the Community
10342-Care Program Medicaid Initiative.
10343-The Department on Aging, the Department of Human Services,
10344-
10345-
10346-and the Department of Healthcare and Family Services shall
10347-coordinate and implement a streamlined process for seniors to
10348-access benefits under the State's Medical Assistance Program.
10349-The Subcommittee shall collaborate with the Department of
10350-Human Services on the adoption of a uniform application
10351-submission process. The Department of Human Services and any
10352-other State agency involved with processing the medical
10353-assistance application of any person enrolled in the Community
10354-Care Program shall include the appropriate care coordination
10355-unit in all communications related to the determination or
10356-status of the application.
10357-The Community Care Program Medicaid Initiative shall
10358-provide targeted funding to care coordination units to help
10359-seniors complete their applications for medical assistance
10360-benefits. On and after July 1, 2019, care coordination units
10361-shall receive no less than $200 per completed application,
10362-which rate may be included in a bundled rate for initial intake
10363-services when Medicaid application assistance is provided in
10364-conjunction with the initial intake process for new program
10365-participants.
10366-The Community Care Program Medicaid Initiative shall cease
10367-operation 5 years after June 4, 2018 (the effective date of
10368-Public Act 100-587) this amendatory Act of the 100th General
10369-Assembly, after which the Subcommittee shall dissolve.
10370-Effective July 1, 2023, subject to federal approval, the
10371-Department on Aging shall reimburse Care Coordination Units at
10372-
10373-
10374-the following rates for case management services: $252.40 for
10375-each initial assessment; $366.40 for each initial assessment
10376-with translation; $229.68 for each redetermination assessment;
10377-$313.68 for each redetermination assessment with translation;
10378-$200.00 for each completed application for medical assistance
10379-benefits; $132.26 for each face-to-face, choices-for-care
10380-screening; $168.26 for each face-to-face, choices-for-care
10381-screening with translation; $124.56 for each 6-month,
10382-face-to-face visit; $132.00 for each MCO participant
10383-eligibility determination; and $157.00 for each MCO
10384-participant eligibility determination with translation.
10385-(Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23;
10386-103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102,
10387-Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90,
10388-Section 90-5, eff. 1-1-24; revised 12-12-23.)
10389-Article 25.
10390-Section 25-1. Short title. This Act may be cited as the
10391-Illinois Caregiver Assistance and Resource Portal Act. As used
10392-in this Article, "this Act" refers to this Article.
10393-Section 25-5. Purpose and intent. The purpose of this Act
10394-is to establish a State-created virtual portal that features a
10395-virtual comprehensive directory of State, federal, non-profit,
10396-and paid resources dedicated to caregiving and Illinois'
10397-
10398-
10399-1,300,000 unpaid caregivers. The mission of this portal is to
10400-provide caregivers with simplified and trusted access to an
10401-information, support, and resource website to help caregivers
10402-develop and implement caregiving plans for their loved ones or
10403-friends.
10404-Section 25-10. Establishment of the Illinois Caregiver
10405-Assistance and Resources Portal.
10406-(a) The Department on Aging, in consultation with the
10407-Department of Healthcare and Family Services, the Department
10408-of Public Health, and the Department of Veterans' Affairs,
10409-shall be responsible for the creation and maintenance of the
10410-Illinois Caregiver Assistance and Resource Portal (hereinafter
10411-referred to as the "Portal").
10412-(b) The Portal shall serve as a centralized and trusted
10413-online platform offering a wide range of resources related to
10414-caregiving, including, but not limited to:
10415-(1) Information on State and federal programs,
10416-benefits, and resources on caregiving, long-term care, and
10417-at-home care for Illinois residents who are 50 years of
10418-age or older.
10419-(2) Information from non-profit organizations
10420-providing free-of-charge caregiving support and resources.
10421-(3) Tools and guides for developing and implementing
10422-caregiving plans.
10423-(4) Direct contact information for relevant Illinois
10424-
10425-
10426-agencies, organizations, and other State-licensed
10427-long-term care, aging, senior support services, and
10428-at-home care providers.
10429-(5) Educational materials, articles, and videos on
10430-caregiving best practices.
10431-(6) Accommodations for users with different language
10432-preferences, ensuring the information is accessible to
10433-diverse audiences.
10434-(c) By incorporating these resources, the Portal aims to
10435-serve as a comprehensive and user-friendly hub for caregivers,
10436-providing them with the tools, information, and support they
10437-need to navigate the complex landscape of caregiving, nursing
10438-home care, and at-home care and other essential resources that
10439-are readily accessible. Additional information and resources
10440-to be featured may include the following:
10441-(1) Caregiving resources: A comprehensive section
10442-dedicated to caregiving, including guides, articles, and
10443-videos on caregiving techniques, managing caregiver
10444-stress, and enhancing the quality of care provided.
10445-(2) Home and community-based services: Resources,
10446-descriptions, and opportunities on how the State supports
10447-family caregivers, to include, but not be limited to, the
10448-Senior HelpLine, Illinois Care Connections, the Community
10449-Care Program, Adult Protective Services, the Illinois
10450-Long-Term Care Ombudsman, Adult Day Services, the Home
10451-Delivered Meals program, and all other programming and
10452-
10453-
10454-services offered by the Department on Aging.
10455-(3) Nursing home care: State and federal information
10456-and online resources on nursing homes, including facility
10457-ratings, reviews, and resources for choosing the right
10458-nursing home based on specific needs and preferences.
10459-(4) Area Agency on Aging: A dedicated section
10460-highlighting the services and programs offered by Area
10461-Agencies on Aging, including, but not limited to,
10462-assistance with long-term care planning, nutrition,
10463-transportation, caregiver support and need assessment, and
10464-the address and contact information of statewide Area
10465-Agencies on Aging and Aging and Disability Resource
10466-Centers.
10467-(5) At-home care: Resources and guides for at-home
10468-care, including information on hiring caregivers, managing
10469-in-home medical and non-medical care, and ensuring a safe
10470-and comfortable home environment.
10471-(6) Hospital-to-home transition: A specialized section
10472-focusing on the transition from hospital care to
10473-home-based care, offering tips, checklists, and resources
10474-to ensure a smooth transition and continued recovery at
10475-home.
10476-(7) Contact Information: Direct contact details for
10477-relevant agencies, organizations, and State-licensed
10478-professionals involved in caregiving, nursing home care,
10479-and at-home care, making it easy for users to connect with
10480-
10481-
10482-the right resources.
10483-(8) Medicaid coverage and resources: Information on
10484-Medicaid coverage for long-term care services, eligibility
10485-criteria, application procedures, and available
10486-Medicaid-funded programs and services to support
10487-caregivers and care recipients.
10488-(9) Financial assistance: Details on financial
10489-assistance programs and benefits available at the State
10490-and federal levels, including grants, subsidies, and tax
10491-incentives that can ease the financial burden of
10492-caregiving.
10493-(10) Veterans' assistance: Details on veterans'
10494-assistance programs and benefits available at the State
10495-and federal levels.
10496-(11) Legal and planning Tools: Resources for legal
10497-matters related to caregiving, such as power of attorney,
10498-advance directives, and estate planning, and tools to help
10499-users create and manage caregiving plans. Services offered
10500-under this paragraph do not include the practice of law.
10501-(12) Support groups: A directory of local caregiver
10502-support groups and online communities where caregivers can
10503-connect, share experiences, and receive emotional support.
10504-Section 25-15. Accessibility and user-friendliness.
10505-(a) The Portal shall be designed to be user-friendly and
10506-accessible to individuals of all ages and abilities.
10507-
10508-
10509-(b) The Portal shall include features such as search
10510-functionality, language accessibility, and compatibility with
10511-assistive technologies to ensure that a diverse range of
10512-caregivers can use it.
10513-Section 25-20. Outreach and promotion.
10514-(a) The Department on Aging, in consultation with the
10515-Department of Healthcare and Family Services, the Department
10516-of Public Health, the Department of Human Services, and the
10517-Department of Veterans' Affairs, shall undertake an outreach
10518-and promotional campaign to raise awareness about the Portal
10519-and its resources upon completion.
10520-(b) The campaign shall include a digital-first strategy to
10521-inform health care providers, social service agencies, and
10522-community organizations about the Portal's availability.
10523-(c) The campaign shall coordinate with the State-wide
10524-2-1-1 Service system administered under the 2-1-1 Service Act
10525-in order to insure persons calling 2-1-1 telephone lines are
10526-directed, when appropriate, to the Portal and reciprocally to
10527-2-1-1.
10528-Section 25-25. Reporting and evaluation. The Department on
10529-Aging, in consultation with the Department of Healthcare and
10530-Family Services, the Department of Public Health, and the
10531-Department of Veterans' Affairs, shall provide an annual
10532-report to the General Assembly and the Governor outlining the
10533-
10534-
10535-usage statistics, user feedback, and any necessary
10536-improvements to the Portal.
10537-Section 25-30. Funding. Funding for the creation,
10538-maintenance, and promotion of the Portal shall be appropriated
10539-from State funding and can be matched with possible federal
10540-resources.
10541-Section 25-35. Implementation date. The essential elements
10542-of the Portal shall be listed online in 2025 and shall be fully
10543-available by July 1, 2027.
10544-Article 30.
10545-Section 30-5. The Department of Revenue Law of the Civil
10546-Administrative Code of Illinois is amended by changing Section
10547-2505-810 as follows:
10548-(20 ILCS 2505/2505-810)
10549-Sec. 2505-810. Veterans Property Tax Relief Reimbursement
10550-Pilot Program.
10551-(a) Subject to appropriation, for State fiscal years that
10552-begin on or after July 1, 2023 and before July 1, 2028, the
10553-Department shall establish and administer a Veterans Property
10554-Tax Relief Reimbursement Pilot Program. For purposes of the
10555-Program, the Department shall reimburse eligible taxing
10556-
10557-
10558-districts, in an amount calculated under subsection (c), for
10559-revenue loss associated with providing homestead exemptions to
10560-veterans with disabilities. A taxing district is eligible for
10561-reimbursement under this Section if (i) application of the
10562-homestead exemptions for veterans with disabilities under
10563-Sections 15-165 and 15-169 of the Property Tax Code results in
10564-a cumulative reduction of more than 2.5% in the total
10565-equalized assessed value of all taxable property in the taxing
10566-district, when compared with the total equalized assessed
10567-value of all taxable property in the taxing district prior to
10568-the application of those exemptions, for the taxable year that
10569-is 2 years before the start of the State fiscal year in which
10570-the application for reimbursement is made and (ii) the taxing
10571-district is located in whole or in part in a county that
10572-contains a United States military base. Reimbursement payments
10573-shall be made to the county that applies to the Department of
10574-Revenue on behalf of the taxing district under subsection (b)
10575-and shall be distributed by the county to the taxing district
10576-as directed by the Department of Revenue.
10577-(b) If the county clerk determines that one or more taxing
10578-districts located in whole or in part in the county qualify for
10579-reimbursement under this Section, then the county clerk shall
10580-apply to the Department of Revenue on behalf of the taxing
10581-district for reimbursement under this Section in the form and
10582-manner required by the Department. The county clerk shall
10583-consolidate applications submitted on behalf of more than one
10584-
10585-
10586-taxing district into a single application. The Department of
10587-Revenue may audit the information submitted by the county
10588-clerk as part of the application under this Section for the
10589-purpose of verifying the accuracy of that information.
10590-(c) Subject to the maximum aggregate reimbursement amount
10591-set forth in this subsection, the amount of the reimbursement
10592-shall be as follows:
10593-(1) for reimbursements awarded for the fiscal year
10594-that begins on July 1, 2023, 50% of the product generated
10595-by multiplying 90% of the total dollar amount of
10596-exemptions granted for taxable year 2021 under Section
10597-15-165 or Section 15-169 of the Property Tax Code to
10598-property located in the taxing district by the taxing
10599-district's property tax rate for taxable year 2021; and
10600-(2) for reimbursements awarded for fiscal years that
10601-begin on or after July 1, 2024 and begin before July 1,
10602-2028, 100% of the product generated by multiplying 90% of
10603-the total dollar amount of exemptions granted for the base
10604-year under Section 15-165 or Section 15-169 of the
10605-Property Tax Code to property located in the taxing
10606-district by the taxing district's property tax rate for
10607-the base year.
10608-The aggregate amount of reimbursements that may be awarded
10609-under this Section for all taxing districts in any calendar
10610-year may not exceed the lesser of $30,000,000 $15,000,000 or
10611-the amount appropriated for the program for that calendar
10612-
10613-
10614-year. If the total amount of eligible reimbursements under
10615-this Section exceeds the lesser of $30,000,000 $15,000,000 or
10616-the amount appropriated for the program for that calendar
10617-year, then the reimbursement amount awarded to each particular
10618-taxing district shall be reduced on a pro rata basis until the
10619-aggregate amount of reimbursements awarded under this Section
10620-for the calendar year does not exceed the lesser of
10621-$30,000,000 $15,000,000 or the amount appropriated for the
10622-program for the calendar year.
10623-(d) The Department of Revenue may adopt rules necessary
10624-for the implementation of this Section.
10625-(e) As used in this Section:
10626-"Base year" means the taxable year that is 2 years before
10627-the start of the State fiscal year in which the application for
10628-reimbursement is made.
10629-"Taxable year" means the calendar year during which
10630-property taxes payable in the next succeeding year are levied.
10631-"Taxing district" has the meaning given to that term in
10632-Section 1-150 of the Property Tax Code.
10633-(Source: P.A. 103-8, eff. 6-7-23.)
10634-Article 35.
10635-Section 35-5. The Illinois Horse Racing Act of 1975 is
10636-amended by changing Section 31 as follows:
10637-
10638-
10639-(230 ILCS 5/31) (from Ch. 8, par. 37-31)
10640-Sec. 31. (a) The General Assembly declares that it is the
10641-policy of this State to encourage the breeding of standardbred
10642-horses in this State and the ownership of such horses by
10643-residents of this State in order to provide for: sufficient
10644-numbers of high quality standardbred horses to participate in
10645-harness racing meetings in this State, and to establish and
10646-preserve the agricultural and commercial benefits of such
10647-breeding and racing industries to the State of Illinois. It is
10648-the intent of the General Assembly to further this policy by
10649-the provisions of this Section of this Act.
10650-(b) Each organization licensee conducting a harness racing
10651-meeting pursuant to this Act shall provide for at least two
10652-races each race program limited to Illinois conceived and
10653-foaled horses. A minimum of 6 races shall be conducted each
10654-week limited to Illinois conceived and foaled horses. No
10655-horses shall be permitted to start in such races unless duly
10656-registered under the rules of the Department of Agriculture.
10657-(b-5) Organization licensees, not including the Illinois
10658-State Fair or the DuQuoin State Fair, shall provide stake
10659-races and early closer races for Illinois conceived and foaled
10660-horses so that purses distributed for such races shall be no
10661-less than 17% of total purses distributed for harness racing
10662-in that calendar year in addition to any stakes payments and
10663-starting fees contributed by horse owners.
10664-(b-10) Each organization licensee conducting a harness
10665-
10666-
10667-racing meeting pursuant to this Act shall provide an owner
10668-award to be paid from the purse account equal to 12% of the
10669-amount earned by Illinois conceived and foaled horses
10670-finishing in the first 3 positions in races that are not
10671-restricted to Illinois conceived and foaled horses. The owner
10672-awards shall not be paid on races below the $10,000 claiming
10673-class.
10674-(c) Conditions of races under subsection (b) shall be
10675-commensurate with past performance, quality, and class of
10676-Illinois conceived and foaled horses available. If, however,
10677-sufficient competition cannot be had among horses of that
10678-class on any day, the races may, with consent of the Board, be
10679-eliminated for that day and substitute races provided.
10680-(d) There is hereby created a special fund of the State
10681-treasury Treasury to be known as the Illinois Standardbred
10682-Breeders Fund. Beginning on June 28, 2019 (the effective date
10683-of Public Act 101-31), the Illinois Standardbred Breeders Fund
10684-shall become a non-appropriated trust fund held separate and
10685-apart from State moneys. Expenditures from this Fund shall no
10686-longer be subject to appropriation.
10687-During the calendar year 1981, and each year thereafter,
10688-except as provided in subsection (g) of Section 27 of this Act,
10689-eight and one-half per cent of all the monies received by the
10690-State as privilege taxes on harness racing meetings shall be
10691-paid into the Illinois Standardbred Breeders Fund.
10692-(e) Notwithstanding any provision of law to the contrary,
10693-
10694-
10695-amounts deposited into the Illinois Standardbred Breeders Fund
10696-from revenues generated by gaming pursuant to an organization
10697-gaming license issued under the Illinois Gambling Act after
10698-June 28, 2019 (the effective date of Public Act 101-31) shall
10699-be in addition to tax and fee amounts paid under this Section
10700-for calendar year 2019 and thereafter. The Illinois
10701-Standardbred Breeders Fund shall be administered by the
10702-Department of Agriculture with the assistance and advice of
10703-the Advisory Board created in subsection (f) of this Section.
10704-(f) The Illinois Standardbred Breeders Fund Advisory Board
10705-is hereby created. The Advisory Board shall consist of the
10706-Director of the Department of Agriculture, who shall serve as
10707-Chairman; the Superintendent of the Illinois State Fair; a
10708-member of the Illinois Racing Board, designated by it; a
10709-representative of the largest association of Illinois
10710-standardbred owners and breeders, recommended by it; a
10711-representative of a statewide association representing
10712-agricultural fairs in Illinois, recommended by it, such
10713-representative to be from a fair at which Illinois conceived
10714-and foaled racing is conducted; a representative of the
10715-organization licensees conducting harness racing meetings,
10716-recommended by them; a representative of the Breeder's
10717-Committee of the association representing the largest number
10718-of standardbred owners, breeders, trainers, caretakers, and
10719-drivers, recommended by it; and a representative of the
10720-association representing the largest number of standardbred
10721-
10722-
10723-owners, breeders, trainers, caretakers, and drivers,
10724-recommended by it. Advisory Board members shall serve for 2
10725-years commencing January 1 of each odd numbered year. If
10726-representatives of the largest association of Illinois
10727-standardbred owners and breeders, a statewide association of
10728-agricultural fairs in Illinois, the association representing
10729-the largest number of standardbred owners, breeders, trainers,
10730-caretakers, and drivers, a member of the Breeder's Committee
10731-of the association representing the largest number of
10732-standardbred owners, breeders, trainers, caretakers, and
10733-drivers, and the organization licensees conducting harness
10734-racing meetings have not been recommended by January 1 of each
10735-odd numbered year, the Director of the Department of
10736-Agriculture shall make an appointment for the organization
10737-failing to so recommend a member of the Advisory Board.
10738-Advisory Board members shall receive no compensation for their
10739-services as members but shall be reimbursed for all actual and
10740-necessary expenses and disbursements incurred in the execution
10741-of their official duties.
10742-(g) Monies expended from the Illinois Standardbred
10743-Breeders Fund shall be expended by the Department of
10744-Agriculture, with the assistance and advice of the Illinois
10745-Standardbred Breeders Fund Advisory Board for the following
10746-purposes only:
10747-1. To provide purses for races limited to Illinois
10748-conceived and foaled horses at the State Fair and the
10749-
10750-
10751-DuQuoin State Fair.
10752-2. To provide purses for races limited to Illinois
10753-conceived and foaled horses at county fairs.
10754-3. To provide purse supplements for races limited to
10755-Illinois conceived and foaled horses conducted by
10756-associations conducting harness racing meetings.
10757-4. No less than 75% of all monies in the Illinois
10758-Standardbred Breeders Fund shall be expended for purses in
10759-1, 2, and 3 as shown above.
10760-5. In the discretion of the Department of Agriculture
10761-to provide awards to harness breeders of Illinois
10762-conceived and foaled horses which win races conducted by
10763-organization licensees conducting harness racing meetings.
10764-A breeder is the owner of a mare at the time of conception.
10765-No more than 10% of all moneys transferred into the
10766-Illinois Standardbred Breeders Fund shall be expended for
10767-such harness breeders awards. No more than 25% of the
10768-amount expended for harness breeders awards shall be
10769-expended for expenses incurred in the administration of
10770-such harness breeders awards.
10771-6. To pay for the improvement of racing facilities
10772-located at the State Fair and County fairs.
10773-7. To pay the expenses incurred in the administration
10774-of the Illinois Standardbred Breeders Fund.
10775-8. To promote the sport of harness racing, including
10776-grants up to a maximum of $7,500 per fair per year for
10777-
10778-
10779-conducting pari-mutuel wagering during the advertised
10780-dates of a county fair.
10781-9. To pay up to $50,000 annually for the Department of
10782-Agriculture to conduct drug testing at county fairs racing
10783-standardbred horses.
10784-(h) The Illinois Standardbred Breeders Fund is not subject
10785-to administrative charges or chargebacks, including, but not
10786-limited to, those authorized under Section 8h of the State
10787-Finance Act.
10788-(i) A sum equal to 13% of the first prize money of the
10789-gross purse won by an Illinois conceived and foaled horse
10790-shall be paid 50% by the organization licensee conducting the
10791-horse race meeting to the breeder of such winning horse from
10792-the organization licensee's account and 50% from the purse
10793-account of the licensee. Such payment shall not reduce any
10794-award to the owner of the horse or reduce the taxes payable
10795-under this Act. Such payment shall be delivered by the
10796-organization licensee at the end of each quarter.
10797-(j) The Department of Agriculture shall, by rule, with the
10798-assistance and advice of the Illinois Standardbred Breeders
10799-Fund Advisory Board:
10800-1. Qualify stallions for Illinois Standardbred
10801-Breeders Fund breeding. Such stallion shall stand for
10802-service at and within the State of Illinois at the time of
10803-a foal's conception, and such stallion must not stand for
10804-service at any place outside the State of Illinois during
10805-
10806-
10807-that calendar year in which the foal is conceived.
10808-However, on and after January 1, 2018, semen from an
10809-Illinois stallion may be transported outside the State of
10810-Illinois.
10811-2. Provide for the registration of Illinois conceived
10812-and foaled horses and no such horse shall compete in the
10813-races limited to Illinois conceived and foaled horses
10814-unless registered with the Department of Agriculture. The
10815-Department of Agriculture may prescribe such forms as may
10816-be necessary to determine the eligibility of such horses.
10817-No person shall knowingly prepare or cause preparation of
10818-an application for registration of such foals containing
10819-false information. A mare (dam) must be in the State at
10820-least 30 days prior to foaling or remain in the State at
10821-least 30 days at the time of foaling. However, the
10822-requirement that a mare (dam) must be in the State at least
10823-30 days before foaling or remain in the State at least 30
10824-days at the time of foaling shall not be in effect from
10825-January 1, 2018 until January 1, 2022. Beginning with the
10826-1996 breeding season and for foals of 1997 and thereafter,
10827-a foal conceived by transported semen may be eligible for
10828-Illinois conceived and foaled registration provided all
10829-breeding and foaling requirements are met. The stallion
10830-must be qualified for Illinois Standardbred Breeders Fund
10831-breeding at the time of conception. The foal must be
10832-dropped in Illinois and properly registered with the
10833-
10834-
10835-Department of Agriculture in accordance with this Act.
10836-However, from January 1, 2018 until January 1, 2022, the
10837-requirement for a mare to be inseminated within the State
10838-of Illinois and the requirement for a foal to be dropped in
10839-Illinois are inapplicable.
10840-3. Provide that at least a 5-day racing program shall
10841-be conducted at the State Fair each year, unless an
10842-alternate racing program is requested by the Illinois
10843-Standardbred Breeders Fund Advisory Board, which program
10844-shall include at least the following races limited to
10845-Illinois conceived and foaled horses: (a) a 2-year-old
10846-Trot and Pace, and Filly Division of each; (b) a
10847-3-year-old Trot and Pace, and Filly Division of each; (c)
10848-an aged Trot and Pace, and Mare Division of each.
10849-4. Provide for the payment of nominating, sustaining,
10850-and starting fees for races promoting the sport of harness
10851-racing and for the races to be conducted at the State Fair
10852-as provided in paragraph subsection (j) 3 of this
10853-subsection Section provided that the nominating,
10854-sustaining, and starting payment required from an entrant
10855-shall not exceed 2% of the purse of such race. All
10856-nominating, sustaining, and starting payments shall be
10857-held for the benefit of entrants and shall be paid out as
10858-part of the respective purses for such races. Nominating,
10859-sustaining, and starting fees shall be held in trust
10860-accounts for the purposes as set forth in this Act and in
10861-
10862-
10863-accordance with Section 205-15 of the Department of
10864-Agriculture Law.
10865-5. Provide for the registration with the Department of
10866-Agriculture of Colt Associations or county fairs desiring
10867-to sponsor races at county fairs.
10868-6. Provide for the promotion of producing standardbred
10869-racehorses by providing a bonus award program for owners
10870-of 2-year-old horses that win multiple major stakes races
10871-that are limited to Illinois conceived and foaled horses.
10872-(k) The Department of Agriculture, with the advice and
10873-assistance of the Illinois Standardbred Breeders Fund Advisory
10874-Board, may allocate monies for purse supplements for such
10875-races. In determining whether to allocate money and the
10876-amount, the Department of Agriculture shall consider factors,
10877-including, but not limited to, the amount of money transferred
10878-into the Illinois Standardbred Breeders Fund, the number of
10879-races that may occur, and an organization licensee's purse
10880-structure. The organization licensee shall notify the
10881-Department of Agriculture of the conditions and minimum purses
10882-for races limited to Illinois conceived and foaled horses to
10883-be conducted by each organization licensee conducting a
10884-harness racing meeting for which purse supplements have been
10885-negotiated.
10886-(l) All races held at county fairs and the State Fair which
10887-receive funds from the Illinois Standardbred Breeders Fund
10888-shall be conducted in accordance with the rules of the United
10889-
10890-
10891-States Trotting Association unless otherwise modified by the
10892-Department of Agriculture.
10893-(m) At all standardbred race meetings held or conducted
10894-under authority of a license granted by the Board, and at all
10895-standardbred races held at county fairs which are approved by
10896-the Department of Agriculture or at the Illinois or DuQuoin
10897-State Fairs, no one shall jog, train, warm up, or drive a
10898-standardbred horse unless he or she is wearing a protective
10899-safety helmet, with the chin strap fastened and in place,
10900-which meets the standards and requirements as set forth in the
10901-1984 Standard for Protective Headgear for Use in Harness
10902-Racing and Other Equestrian Sports published by the Snell
10903-Memorial Foundation, or any standards and requirements for
10904-headgear the Illinois Racing Board may approve. Any other
10905-standards and requirements so approved by the Board shall
10906-equal or exceed those published by the Snell Memorial
10907-Foundation. Any equestrian helmet bearing the Snell label
10908-shall be deemed to have met those standards and requirements.
10909-(n) In addition to any other transfer that may be provided
10910-for by law, as soon as practical after the effective date of
10911-the changes made to this Section by this amendatory Act of the
10912-103rd General Assembly, but no later than July 3, 2024 the
10913-State Comptroller shall direct and the State Treasurer shall
10914-transfer the sum of $2,000,000 from the Fair and Exposition
10915-Fund to the Illinois Standardbred Breeders Fund.
10916-(Source: P.A. 102-558, eff. 8-20-21; 102-689, eff. 12-17-21;
10917-
10918-
10919-103-8, eff. 6-7-23; revised 9-26-23.)
10920-Article 40.
10921-Section 40-5. The University of Illinois Act is amended by
10922-adding Section 180 as follows:
10923-(110 ILCS 305/180 new)
10924-Sec. 180. Innovation center. The Board of Trustees,
10925-directly or in cooperation with the University of Illinois at
10926-Springfield Innovation Center partners, which shall consist of
10927-other institutions of higher education, not-for-profit
10928-organizations, businesses, and local governments, may finance,
10929-design, construct, enlarge, improve, equip, complete, operate,
10930-control, and manage a University of Illinois at Springfield
10931-Innovation Center (UIS Innovation Center), which is a facility
10932-or facilities dedicated to fostering and supporting innovation
10933-in academics, entrepreneurship, workforce development, policy
10934-development, and non-profit or philanthropic activities.
10935-Notwithstanding any other provision of law, the UIS Innovation
10936-Center (1) may be located on land owned by the Board of
10937-Trustees or a University of Illinois at Springfield Innovation
10938-Center partner; and (2) shall have costs incurred in
10939-connection with the design, construction, enlargement,
10940-improvement, equipping, and completion of the business
10941-incubation and innovation facilities paid with funds
10942-
10943-
10944-appropriated to the Capital Development Board from the Build
10945-Illinois Bond Fund for a grant to the Board of Trustees for the
10946-UIS Innovation Center. If the UIS Innovation Center is located
10947-on land owned by a University of Illinois at Springfield
10948-Innovation Center partner, the Board of Trustees must have an
10949-ownership interest in the facility or facilities or a portion
10950-thereof. An ownership interest shall bear a reasonable
10951-relationship to the proportional share of the costs paid by
10952-such grant funds for a term equal to at least the useful life
10953-of the innovation facilities.
10954-Article 45.
10955-Section 45-5. The Childhood Hunger Relief Act is amended
10956-by changing Section 15 and by adding Section 18 as follows:
10957-(105 ILCS 126/15)
10958-Sec. 15. School breakfast program.
10959-(a) The board of education of each school district in this
10960-State shall implement and operate a school breakfast program
10961-in the next school year, if a breakfast program does not
10962-currently exist, in accordance with federal guidelines in each
10963-school building within its district in which at least 40% or
10964-more of the students are eligible for free or reduced-price
10965-lunches based upon the current year's October claim (for those
10966-schools that participate in the National School Lunch Program)
10967-
10968-
10969-or in which at least 40% or more of the students are classified
10970-as low-income according to the Fall Housing Data from the
10971-previous year (for those schools that do not participate in
10972-the National School Lunch Program).
10973-(b) School districts may charge students who do not meet
10974-federal criteria for free school meals for the breakfasts
10975-served to these students within the allowable limits set by
10976-federal regulations.
10977-(c) School breakfast programs established under this
10978-Section shall be supported entirely by federal funds and
10979-commodities, charges to students and other participants, and
10980-other available State and local resources, including under the
10981-School Breakfast and Lunch Program Act. Allowable costs for
10982-reimbursement to school districts, in accordance with the
10983-United States Department of Agriculture, include compensation
10984-of employees for the time devoted and identified specifically
10985-to implement the school breakfast program; the cost of
10986-materials acquired, consumed, or expended specifically to
10987-implement the school breakfast program; equipment and other
10988-approved capital expenditures necessary to implement the
10989-school breakfast program; and transportation expenses incurred
10990-specifically to implement and operate the school breakfast
10991-program.
10992-(d) A school district shall be allowed to opt out a school
10993-or schools from the school breakfast program requirement of
10994-this Section if it is determined that, due to circumstances
10995-
10996-
10997-specific to that school district, the expense reimbursement
10998-would not fully cover the costs of implementing and operating
10999-a school breakfast program. The school district shall petition
11000-its regional superintendent of schools by February 15 of each
11001-year to request to be exempt from operating the school
11002-breakfast program in the school or schools in the next school
11003-year. The petition shall include all legitimate costs
11004-associated with implementing and operating a school breakfast
11005-program, the estimated reimbursement from State and federal
11006-sources, and any unique circumstances the school district can
11007-verify that exist that would cause the implementation and
11008-operation of such a program to be cost prohibitive.
11009-The regional superintendent of schools shall review the
11010-petition. In accordance with the Open Meetings Act, he or she
11011-shall convene a public hearing to hear testimony from the
11012-school district and interested community members. The regional
11013-superintendent shall, by March 15 of each year, inform the
11014-school district of his or her decision, along with the reasons
11015-why the exemption was granted or denied, in writing. The
11016-regional superintendent must also send notification to the
11017-State Board of Education detailing which schools requested an
11018-exemption and the results. If the regional superintendent
11019-grants an exemption to the school district, then the school
11020-district is relieved from the requirement to establish and
11021-implement a school breakfast program in the school or schools
11022-granted an exemption for the next school year.
11023-
11024-
11025-If the regional superintendent of schools does not grant
11026-an exemption, then the school district shall implement and
11027-operate a school breakfast program in accordance with this
11028-Section by the first student attendance day of the next school
11029-year. However, the school district or a resident of the school
11030-district may by April 15 appeal the decision of the regional
11031-superintendent to the State Superintendent of Education. The
11032-State Superintendent shall hear appeals on the decisions of
11033-regional superintendents of schools no later than May 15 of
11034-each year. The State Superintendent shall make a final
11035-decision at the conclusion of the hearing on the school
11036-district's request for an exemption from the school breakfast
11037-program requirement. If the State Superintendent grants an
11038-exemption, then the school district is relieved from the
11039-requirement to implement and operate a school breakfast
11040-program in the school or schools granted an exemption for the
11041-next school year. If the State Superintendent does not grant
11042-an exemption, then the school district shall implement and
11043-operate a school breakfast program in accordance with this
11044-Section by the first student attendance day of the next school
11045-year.
11046-A school district may not attempt to opt out a school or
11047-schools from the school breakfast program requirement of this
11048-Section by requesting a waiver under Section 2-3.25g of the
11049-School Code.
11050-(e) For all schools operating a school breakfast program,
11051-
11052-
11053-the State Board of Education shall collect information about
11054-whether the school is operating a breakfast after the bell
11055-program under Section 16 and, if so, what breakfast after the
11056-bell model the school operates, including breakfast in the
11057-classroom, second chance breakfast, and grab and go breakfast.
11058-The State Board of Education shall make this data publicly
11059-available annually.
11060-(Source: P.A. 96-158, eff. 8-7-09.)
11061-(105 ILCS 126/18 new)
11062-Sec. 18. Breakfast after the bell grant program.
11063-(a) Subject to appropriation, the State Board of Education
11064-shall award grants of up to $7,000 per school site on a
11065-competitive basis to eligible schools, school districts, or
11066-entities approved by the State Board of Education for
11067-nonrecurring expenses incurred in initiating a school
11068-breakfast program under Section 16.
11069-Grants awarded under this Section shall be used for
11070-nonrecurring costs of initiating a breakfast after the bell
11071-program, including, but not limited to, the acquisition of
11072-equipment, training of staff in new capacities, outreach
11073-efforts to publicize new or expanded school breakfast
11074-programs, minor alterations to accommodate new equipment,
11075-computer point-of-service systems for food service, and the
11076-purchase of vehicles for transporting food to schools.
11077-(b) In making grant awards under this Section, the State
11078-
11079-
11080-Board of Education shall give a preference to grant applicants
11081-that do all of the following:
11082-(1) Submit to the State Board of Education a plan to
11083-start or expand school breakfast programs in the school
11084-district or the educational service region, including a
11085-description of the following:
11086-(A) a description of each eligible school site's
11087-breakfast program under Section 16, including which
11088-school and school district stakeholders have been
11089-engaged in the development of the program, including
11090-but not limited to superintendent, principal, business
11091-manager, school food service personnel, school nurse,
11092-teachers, and janitorial staff;
11093-(B) a budget outlining the nonrecurring expenses
11094-needed to initiate a program at each school site; and
11095-(C) any public or private resources that have been
11096-assembled to carry out expansion of school breakfast
11097-programs during the school year.
11098-(2) Agree to operate a school breakfast program under
11099-Section 16 for a period of not less than 3 school years.
11100-(3) Have higher rates of free or reduced-price
11101-eligible students.
11102-Article 55.
11103-Section 5-55. The State Finance Act is amended by adding
11104-
11105-
11106-Sections 5.1016 and 6z-142 as follows:
11107-(30 ILCS 105/5.1016 new)
11108-Sec. 5.1016. The Restore Fund.
11109-(30 ILCS 105/6z-142 new)
11110-Sec. 6z-142. The Restore Fund. The Restore Fund is created
11111-as a special fund in the State treasury. Subject to
11112-appropriation, all moneys in the Fund shall be used by the
11113-Illinois State Police and the Administrative Office of the
11114-Illinois Courts for expenses directly related to the
11115-development and implementation of an automated criminal record
11116-sealing program.
11117-Article 99.
11118-Section 99-97. Severability. The provisions of this Act
11119-are severable under Section 1.31 of the Statute on Statutes.
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29+1 Section 2-10. Definitions. As used in this Act:
30+2 "Case management" means assessment, planning,
31+3 coordination, and advocacy services for individuals who need
32+4 multiple services and require assistance in gaining access to
33+5 and in using behavioral health, physical health, social,
34+6 vocational, educational, housing, public income entitlements
35+7 and other community services to assist the individual in the
36+8 community. "Case management" may also include identifying and
37+9 investigating available resources, explaining options to the
38+10 individual, and linking the individual with necessary
39+11 resources.
40+12 "Community-based pretrial supports and services" means
41+13 voluntary services provided in the community to an individual
42+14 charged with a criminal offense who has been granted pretrial
43+15 release. Community-based pretrial supports and services shall
44+16 be trauma-informed, culturally competent, and designed and
45+17 delivered according to best practice standards to maximize
46+18 pretrial success.
47+19 "Court stakeholders" means Judges, State's Attorneys,
48+20 defense attorneys including Public Defenders, Sheriffs, police
49+21 departments, and any other individuals, agencies, or offices
50+22 or their employees involved in pretrial criminal court
51+23 proceedings.
52+24 "Department" means the Department of Human Services.
53+25 "Detoxification" means the process of withdrawing a person
54+26 from a specific psychoactive substance in a safe and effective
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65+1 manner.
66+2 "Eligible participant" means an Illinois resident charged
67+3 with a criminal offense who has been granted pretrial release.
68+4 "Medication assisted treatment" means the prescription of
69+5 medications that are approved by the U.S. Food and Drug
70+6 Administration and the Center for Substance Abuse Treatment to
71+7 assist with treatment for a substance use disorder and to
72+8 support recovery for individuals receiving services in a
73+9 facility licensed by the Department. Medication assisted
74+10 treatment includes opioid treatment services as authorized by
75+11 a Department license.
76+12 "Pretrial success" means ensuring court appearances and
77+13 reducing subsequent involvement with the criminal-legal
78+14 system.
79+15 "Service area" means a judicial circuit or group of
80+16 judicial circuits.
81+17 Section 2-15. Findings. The General Assembly finds that:
82+18 (1) The Pretrial Fairness Act defines when an arrested
83+19 person can be denied pretrial release and prohibits the
84+20 imposition of financial conditions for release by
85+21 abolishing money bond. This prevents the pretrial
86+22 detention of many arrested individuals with mental health
87+23 or substance use disorders or others who could benefit
88+24 from community-based supports and services.
89+25 (2) Because people awaiting trial are legally presumed
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100+1 innocent, the Illinois Supreme Court Commission on
101+2 Pretrial Practices recommends, consistent with national
102+3 best practices, that "conditions and supervision shall not
103+4 mandate rehabilitative services (substance abuse, mental
104+5 health, partner abuse intervention programs, etc.) unless
105+6 the court finds them to be a risk factor directly related
106+7 to further criminal behavior and failure to appear at
107+8 court hearings. The inability to pay for such
108+9 court-ordered services shall not interfere with release."
109+10 (3) Research shows that mental health and substance
110+11 use disorder services, including treatment, are generally
111+12 most effective when participation is voluntary and access
112+13 is assured.
113+14 (4) Communities throughout Illinois have significant
114+15 gaps in the availability of mental health and substance
115+16 use disorder services and other community-based pretrial
116+17 supports and services.
117+18 (5) If services are available, navigating complicated
118+19 systems can be a barrier to access and success. Services
119+20 are most effective if they are coordinated with but not
120+21 duplicative of other programs such as those funded under
121+22 the Reimagine Public Safety Act.
122+23 (6) Community-based pretrial supports and services are
123+24 most effective when delivered by organizations trusted
124+25 within the community and developed with the input of
125+26 community members, including those directly impacted by
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136+1 the criminal-legal system.
137+2 Section 2-20. Grant making authority.
138+3 (a) The Department of Human Services shall have
139+4 grant-making, operational, and procurement authority to
140+5 distribute funds to local government health and human services
141+6 agencies, community-based organizations, and other entities
142+7 necessary to execute the functions established in this Act.
143+8 (b) Subject to appropriation, the Department shall issue
144+9 grants to local governmental agencies and community-based
145+10 organizations to maximize pretrial success each year. Grants
146+11 shall be awarded no later than January 1, 2025. Grants in
147+12 subsequent years shall be issued on or before September 1 of
148+13 the relevant fiscal year and shall allow for pre-award
149+14 expenditures beginning July 1 of the relevant fiscal year.
150+15 (c) Beginning in fiscal year 2028 and subject to
151+16 appropriation, grants shall be awarded for a project period of
152+17 3 years, contingent on Department requirements for reporting
153+18 and successful performance.
154+19 (d) The Department shall ensure that grants awarded under
155+20 this Act do not duplicate or supplant grants awarded under the
156+21 Reimagine Public Safety Act.
157+22 Section 2-25. Community-based pretrial supports and
158+23 services.
159+24 (a) Subject to appropriation, the Department shall make
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170+1 grants to organizations for community-based pretrial supports
171+2 and services.
172+3 (b) The Department shall issue grants to at least one
173+4 organization in each of the service areas and no more than 3
174+5 organizations in each of the service areas with the exception
175+6 of service areas with a population exceeding 2,000,000. The
176+7 Department shall issue grants to at least one organization and
177+8 no more than 10 organizations in service areas with a
178+9 population exceeding 2,000,000. In fiscal year 2025, each
179+10 grant shall be for no less than $100,000 and no more than
180+11 $300,000. In subsequent years, each grant shall be for no less
181+12 than $100,000 and no more than $500,000 per organization. An
182+13 organization may receive grants in more than one service area.
183+14 (c) Organizations receiving grants under this Act shall
184+15 coordinate services with other organizations and court
185+16 stakeholders in their service area. Organizations receiving
186+17 grants under this Act shall coordinate services with the
187+18 Office of Statewide Pretrial Services to the extent that it
188+19 operates in their service area.
189+20 (d) Organizations receiving grants under this Act shall
190+21 establish eligibility criteria for services. Organizations
191+22 receiving grants under this Act shall be required to accept
192+23 referrals of eligible participants from court stakeholders.
193+24 Organizations receiving grants under this Act may accept
194+25 referrals of eligible participants from other sources
195+26 including self-referrals.
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206+1 (e) An eligible participant shall not be ordered to
207+2 receive services funded by a grant under this Act unless the
208+3 person has undergone a validated clinical assessment and the
209+4 clinical treatment plan includes such services. "Validated
210+5 clinical assessment" and "clinical treatment plan" have the
211+6 meanings ascribed to them in Section 10 of the Drug Court
212+7 Treatment Act.
213+8 (f) Organizations receiving grants under this Act shall
214+9 provide the following services directly or through subgrants
215+10 to other organizations:
216+11 (1) case management for mental health and substance
217+12 use disorders;
218+13 (2) detoxification or referral to detoxification when
219+14 clinically indicated and available in the community;
220+15 (3) medication assisted treatment or referral to
221+16 medication assisted treatment when clinically indicated
222+17 and available in the community;
223+18 (4) child care to remove barriers to court
224+19 appearances; and
225+20 (5) transportation to court appearances if not
226+21 available through the Office of Statewide Pretrial
227+22 Services or other court stakeholders.
228+23 (g) Organizations receiving grants under this Act may
229+24 provide the following services directly or through subgrants
230+25 to other organizations:
231+26 (1) Behavioral health services, including harm
232+
233+
234+
235+
236+
237+ HB4959 Enrolled - 7 - LRB103 36303 SPS 66401 b
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239+
240+HB4959 Enrolled- 8 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 8 - LRB103 36303 SPS 66401 b
241+ HB4959 Enrolled - 8 - LRB103 36303 SPS 66401 b
242+1 reduction services, clinical interventions, crisis
243+2 interventions, and group counseling supports, such as peer
244+3 support groups, social-emotional learning supports,
245+4 including skill building for anger management,
246+5 de-escalation, sensory stabilization, coping strategies,
247+6 and thoughtful decision-making, short-term clinical
248+7 individual sessions, and motivational interviewing.
249+8 (2) Other services necessary to promote pretrial
250+9 success, as determined by the organization and approved by
251+10 the Department.
252+11 (h) Organizations receiving grants under this Act shall
253+12 ensure that services are accessible to individuals with
254+13 disabilities and to individuals with limited English
255+14 proficiency. Organizations receiving grants under this Act
256+15 shall not deny services to individuals on the basis of
257+16 immigration status or gender identity.
258+17 (i) No statement or other disclosure, written or
259+18 otherwise, made by an eligible participant to an employee of
260+19 an organization receiving a grant under this Act may be used by
261+20 the prosecution to prove any crime or offense alleged in the
262+21 pending case.
263+22 (j) The Department shall encourage organizations receiving
264+23 grants under this Act to employ individuals with personal
265+24 experience with being charged with a felony offense. No later
266+25 than when grants are first issued under this Act, the
267+26 Department shall create and execute a Background Check Waiver
268+
269+
270+
271+
272+
273+ HB4959 Enrolled - 8 - LRB103 36303 SPS 66401 b
274+
275+
276+HB4959 Enrolled- 9 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 9 - LRB103 36303 SPS 66401 b
277+ HB4959 Enrolled - 9 - LRB103 36303 SPS 66401 b
278+1 Process, limiting the disqualifying offenses, for employees
279+2 who provide services under this Act.
280+3 (k) Organizations receiving funds under this Act may
281+4 utilize up to 5% of awarded grant funds to raise awareness of
282+5 community-based pretrial supports and services.
283+6 Section 2-30. Service areas.
284+7 (a) Each judicial circuit with a population of at least
285+8 500,000 constitutes a service area. Each judicial circuit with
286+9 a population of less than 500,000 shall be combined with at
287+10 least one other geographically contiguous judicial circuit to
288+11 constitute a service area with a population of at least
289+12 500,000.
290+13 (b) Resources for each service area shall be distributed
291+14 based on maximizing the total potential pretrial success.
292+15 Subject to appropriation, the minimum total annual grant
293+16 amount awarded in each service area shall be $300,000. In
294+17 determining the distribution of resources to service areas,
295+18 the Department shall consider the following factors:
296+19 (1) service area population and poverty level;
297+20 (2) the geographic size of a service area;
298+21 (3) the average number of people charged with felony
299+22 offenses each year;
300+23 (4) the number of people incarcerated in the past
301+24 because of their inability to afford payment of money
302+25 bond; and
303+
304+
305+
306+
307+
308+ HB4959 Enrolled - 9 - LRB103 36303 SPS 66401 b
309+
310+
311+HB4959 Enrolled- 10 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 10 - LRB103 36303 SPS 66401 b
312+ HB4959 Enrolled - 10 - LRB103 36303 SPS 66401 b
313+1 (5) level of Office of Statewide Pretrial Services
314+2 programming in the counties in the service area.
315+3 (c) In fiscal year 2025, the Department shall award grants
316+4 in one service area in each Department region. In subsequent
317+5 years, the Department shall award grants in all service areas,
318+6 subject to appropriation.
319+7 Section 2-35. Local advisory councils.
320+8 (a) Subject to appropriation, and no later than July 1,
321+9 2025, the Department shall create local advisory councils for
322+10 each of the service areas for the purpose of obtaining
323+11 recommendations on how to distribute funds in these areas to
324+12 maximize pretrial success. Local advisory councils shall
325+13 consist of no fewer than 5 members. At least 40% of members
326+14 shall have personal experience with being charged with a
327+15 felony offense in Illinois. At least 20% of members shall have
328+16 personal experience with a family member being charged with a
329+17 felony offense in Illinois. Members of the local advisory
330+18 councils shall serve without compensation except those
331+19 designated as individuals with personal experience may receive
332+20 stipends as compensation for their time.
333+21 (b) The Department shall provide data to each local
334+22 advisory council on the characteristics of the service area
335+23 and the availability of community-based pretrial supports and
336+24 services. The Department shall also provide best available
337+25 evidence on how to maximize pretrial success.
338+
339+
340+
341+
342+
343+ HB4959 Enrolled - 10 - LRB103 36303 SPS 66401 b
344+
345+
346+HB4959 Enrolled- 11 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 11 - LRB103 36303 SPS 66401 b
347+ HB4959 Enrolled - 11 - LRB103 36303 SPS 66401 b
348+1 (c) Each local advisory council shall make recommendations
349+2 on how to allocate distributed resources and desired goals for
350+3 its service area based on information provided to them by the
351+4 Department.
352+5 (d) Beginning in fiscal year 2026, the Department shall
353+6 consider the recommendations and determine how to distribute
354+7 funds through grants to community-based organizations and
355+8 local governments. To the extent the Department does not
356+9 follow a local advisory council's recommendation on allocation
357+10 of funds, the Department shall explain in writing why a
358+11 different allocation of resources is more likely to maximize
359+12 pretrial success in the service area.
360+13 Section 2-40. Medicaid services.
361+14 (a) Funds awarded under this Act may be used for
362+15 behavioral health services until July 1, 2027.
363+16 (b) Any organization being reimbursed from funds awarded
364+17 under this Act for behavioral health services must also file a
365+18 plan to become Medicaid certified for behavioral health
366+19 services under the Illinois Medicaid program on or before July
367+20 1, 2027.
368+21 Section 2-45. Evaluation.
369+22 (a) The Department shall issue a report to the General
370+23 Assembly no later than January 1 of each year beginning at
371+24 least 12 months after grants are first issued under this Act.
372+
373+
374+
375+
376+
377+ HB4959 Enrolled - 11 - LRB103 36303 SPS 66401 b
378+
379+
380+HB4959 Enrolled- 12 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 12 - LRB103 36303 SPS 66401 b
381+ HB4959 Enrolled - 12 - LRB103 36303 SPS 66401 b
382+1 The report shall cover the previous fiscal year and identify
383+2 gaps in community-based pretrial supports and services in each
384+3 service area, explain the investments that are being made to
385+4 maximize pretrial success, and make further recommendations on
386+5 how to build community-based capacity for community-based
387+6 pretrial supports and services including mental health and
388+7 substance use disorder treatment.
389+8 (b) Beginning with the first report issued at least 24
390+9 months after grants are first issued under this Act, the
391+10 annual report shall include an evaluation of the effectiveness
392+11 of grants under this Act in maximizing pretrial success. The
393+12 Department shall use community-based participatory research
394+13 methods and ensure that the evaluation incorporates input from
395+14 individuals and organizations affected by the Act, including,
396+15 but not limited to, individuals with personal experience with
397+16 being charged with a felony offense in Illinois, individuals
398+17 with personal experience with a family member being charged
399+18 with a felony offense in Illinois, local government health and
400+19 human services agencies, community-based organizations, and
401+20 court stakeholders. The evaluation should be conducted with
402+21 input from outside expert evaluators when possible.
403+22 (c) The Department shall consider findings from annual
404+23 reports and evaluations in developing subsequent years'
405+24 grantmaking processes, monitoring progress toward local
406+25 advisory councils' goals, and ensuring equity in the
407+26 grantmaking process.
408+
409+
410+
411+
412+
413+ HB4959 Enrolled - 12 - LRB103 36303 SPS 66401 b
414+
415+
416+HB4959 Enrolled- 13 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 13 - LRB103 36303 SPS 66401 b
417+ HB4959 Enrolled - 13 - LRB103 36303 SPS 66401 b
418+1 Section 2-50. Rulemaking authority. The Department shall
419+2 adopt rules as are necessary to implement all elements of this
420+3 Act.
421+4 Article 3.
422+5 Section 3-2. The Illinois Administrative Procedure Act is
423+6 amended by adding Section 5-45.57 as follows:
424+7 (5 ILCS 100/5-45.57 new)
425+8 Sec. 5-45.57. Emergency rulemaking; rate increase for
426+9 direct support personnel and all frontline personnel. To
427+10 provide for the expeditious and timely implementation of the
428+11 changes made to Section 74 of the Mental Health and
429+12 Developmental Disabilities Administrative Act by this
430+13 amendatory Act of the 103rd General Assembly, emergency rules
431+14 implementing the changes made to Section 74 of the Mental
432+15 Health and Developmental Disabilities Administrative Act by
433+16 this amendatory Act of the 103rd General Assembly may be
434+17 adopted in accordance with Section 5-45 by the Department of
435+18 Human Services. The adoption of emergency rules authorized by
436+19 Section 5-45 and this Section is deemed to be necessary for the
437+20 public interest, safety, and welfare.
438+21 This Section is repealed one year after the effective date
439+22 of this Section.
440+
441+
442+
443+
444+
445+ HB4959 Enrolled - 13 - LRB103 36303 SPS 66401 b
446+
447+
448+HB4959 Enrolled- 14 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 14 - LRB103 36303 SPS 66401 b
449+ HB4959 Enrolled - 14 - LRB103 36303 SPS 66401 b
450+1 Section 3-3. The State Employees Group Insurance Act of
451+2 1971 is amended by changing Section 6.5 as follows:
452+3 (5 ILCS 375/6.5)
453+4 Sec. 6.5. Health benefits for TRS benefit recipients and
454+5 TRS dependent beneficiaries.
455+6 (a) Purpose. It is the purpose of this amendatory Act of
456+7 1995 to transfer the administration of the program of health
457+8 benefits established for benefit recipients and their
458+9 dependent beneficiaries under Article 16 of the Illinois
459+10 Pension Code to the Department of Central Management Services.
460+11 (b) Transition provisions. The Board of Trustees of the
461+12 Teachers' Retirement System shall continue to administer the
462+13 health benefit program established under Article 16 of the
463+14 Illinois Pension Code through December 31, 1995. Beginning
464+15 January 1, 1996, the Department of Central Management Services
465+16 shall be responsible for administering a program of health
466+17 benefits for TRS benefit recipients and TRS dependent
467+18 beneficiaries under this Section. The Department of Central
468+19 Management Services and the Teachers' Retirement System shall
469+20 cooperate in this endeavor and shall coordinate their
470+21 activities so as to ensure a smooth transition and
471+22 uninterrupted health benefit coverage.
472+23 (c) Eligibility. All persons who were enrolled in the
473+24 Article 16 program at the time of the transfer shall be
474+
475+
476+
477+
478+
479+ HB4959 Enrolled - 14 - LRB103 36303 SPS 66401 b
480+
481+
482+HB4959 Enrolled- 15 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 15 - LRB103 36303 SPS 66401 b
483+ HB4959 Enrolled - 15 - LRB103 36303 SPS 66401 b
484+1 eligible to participate in the program established under this
485+2 Section without any interruption or delay in coverage or
486+3 limitation as to pre-existing medical conditions. Eligibility
487+4 to participate shall be determined by the Teachers' Retirement
488+5 System. Eligibility information shall be communicated to the
489+6 Department of Central Management Services in a format
490+7 acceptable to the Department.
491+8 Eligible TRS benefit recipients may enroll or re-enroll in
492+9 the program of health benefits established under this Section
493+10 during any applicable annual open enrollment period and as
494+11 otherwise permitted by the Department of Central Management
495+12 Services. A TRS benefit recipient shall not be deemed
496+13 ineligible to participate solely by reason of the TRS benefit
497+14 recipient having made a previous election to disenroll or
498+15 otherwise not participate in the program of health benefits.
499+16 A TRS dependent beneficiary who is a child age 19 or over
500+17 and mentally or physically disabled does not become ineligible
501+18 to participate by reason of (i) becoming ineligible to be
502+19 claimed as a dependent for Illinois or federal income tax
503+20 purposes or (ii) receiving earned income, so long as those
504+21 earnings are insufficient for the child to be fully
505+22 self-sufficient.
506+23 (d) Coverage. The level of health benefits provided under
507+24 this Section shall be similar to the level of benefits
508+25 provided by the program previously established under Article
509+26 16 of the Illinois Pension Code. For plan years that begin on
510+
511+
512+
513+
514+
515+ HB4959 Enrolled - 15 - LRB103 36303 SPS 66401 b
516+
517+
518+HB4959 Enrolled- 16 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 16 - LRB103 36303 SPS 66401 b
519+ HB4959 Enrolled - 16 - LRB103 36303 SPS 66401 b
520+1 or after January 1, 2025, the health benefit program
521+2 established under this Section shall include health, dental,
522+3 and vision benefits.
523+4 Group life insurance benefits are not included in the
524+5 benefits to be provided to TRS benefit recipients and TRS
525+6 dependent beneficiaries under this Act.
526+7 The program of health benefits under this Section may
527+8 include any or all of the benefit limitations, including but
528+9 not limited to a reduction in benefits based on eligibility
529+10 for federal Medicare benefits, that are provided under
530+11 subsection (a) of Section 6 of this Act for other health
531+12 benefit programs under this Act.
532+13 (e) Insurance rates and premiums. The Director shall
533+14 determine the insurance rates and premiums for TRS benefit
534+15 recipients and TRS dependent beneficiaries, and shall present
535+16 to the Teachers' Retirement System of the State of Illinois,
536+17 by April 15 of each calendar year, the rate-setting
537+18 methodology (including but not limited to utilization levels
538+19 and costs) used to determine the amount of the health care
539+20 premiums.
540+21 For Fiscal Year 1996, the premium shall be equal to
541+22 the premium actually charged in Fiscal Year 1995; in
542+23 subsequent years, the premium shall never be lower than
543+24 the premium charged in Fiscal Year 1995.
544+25 For Fiscal Year 2003, the premium shall not exceed
545+26 110% of the premium actually charged in Fiscal Year 2002.
546+
547+
548+
549+
550+
551+ HB4959 Enrolled - 16 - LRB103 36303 SPS 66401 b
552+
553+
554+HB4959 Enrolled- 17 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 17 - LRB103 36303 SPS 66401 b
555+ HB4959 Enrolled - 17 - LRB103 36303 SPS 66401 b
556+1 For Fiscal Year 2004, the premium shall not exceed
557+2 112% of the premium actually charged in Fiscal Year 2003.
558+3 For Fiscal Year 2005, the premium shall not exceed a
559+4 weighted average of 106.6% of the premium actually charged
560+5 in Fiscal Year 2004.
561+6 For Fiscal Year 2006, the premium shall not exceed a
562+7 weighted average of 109.1% of the premium actually charged
563+8 in Fiscal Year 2005.
564+9 For Fiscal Year 2007, the premium shall not exceed a
565+10 weighted average of 103.9% of the premium actually charged
566+11 in Fiscal Year 2006.
567+12 For Fiscal Year 2008 and thereafter, the premium in
568+13 each fiscal year shall not exceed 105% of the premium
569+14 actually charged in the previous fiscal year.
570+15 In addition to the premium amount charged for the program
571+16 of health benefits, in the initial plan year in which the
572+17 dental and vision benefits are provided, an additional premium
573+18 of not more than $7.11 per month for each TRS benefit recipient
574+19 and $28.43 per month for each TRS dependent beneficiary shall
575+20 be charged. The additional premium shall be used for the
576+21 purpose of financing the dental and vision benefits for TRS
577+22 benefit recipients and TRS dependent beneficiaries on and
578+23 after the effective date of this amendatory Act of the 103rd
579+24 General Assembly.
580+25 Rates and premiums may be based in part on age and
581+26 eligibility for federal medicare coverage. However, the cost
582+
583+
584+
585+
586+
587+ HB4959 Enrolled - 17 - LRB103 36303 SPS 66401 b
588+
589+
590+HB4959 Enrolled- 18 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 18 - LRB103 36303 SPS 66401 b
591+ HB4959 Enrolled - 18 - LRB103 36303 SPS 66401 b
592+1 of participation for a TRS dependent beneficiary who is an
593+2 unmarried child age 19 or over and mentally or physically
594+3 disabled shall not exceed the cost for a TRS dependent
595+4 beneficiary who is an unmarried child under age 19 and
596+5 participates in the same major medical or managed care
597+6 program.
598+7 The cost of health benefits under the program shall be
599+8 paid as follows:
600+9 (1) For a TRS benefit recipient selecting a managed
601+10 care program, up to 75% of the total insurance rate shall
602+11 be paid from the Teacher Health Insurance Security Fund.
603+12 Effective with Fiscal Year 2007 and thereafter, for a TRS
604+13 benefit recipient selecting a managed care program, 75% of
605+14 the total insurance rate shall be paid from the Teacher
606+15 Health Insurance Security Fund.
607+16 (2) For a TRS benefit recipient selecting the major
608+17 medical coverage program, up to 50% of the total insurance
609+18 rate shall be paid from the Teacher Health Insurance
610+19 Security Fund if a managed care program is accessible, as
611+20 determined by the Teachers' Retirement System. Effective
612+21 with Fiscal Year 2007 and thereafter, for a TRS benefit
613+22 recipient selecting the major medical coverage program,
614+23 50% of the total insurance rate shall be paid from the
615+24 Teacher Health Insurance Security Fund if a managed care
616+25 program is accessible, as determined by the Department of
617+26 Central Management Services.
618+
619+
620+
621+
622+
623+ HB4959 Enrolled - 18 - LRB103 36303 SPS 66401 b
624+
625+
626+HB4959 Enrolled- 19 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 19 - LRB103 36303 SPS 66401 b
627+ HB4959 Enrolled - 19 - LRB103 36303 SPS 66401 b
628+1 (3) For a TRS benefit recipient selecting the major
629+2 medical coverage program, up to 75% of the total insurance
630+3 rate shall be paid from the Teacher Health Insurance
631+4 Security Fund if a managed care program is not accessible,
632+5 as determined by the Teachers' Retirement System.
633+6 Effective with Fiscal Year 2007 and thereafter, for a TRS
634+7 benefit recipient selecting the major medical coverage
635+8 program, 75% of the total insurance rate shall be paid
636+9 from the Teacher Health Insurance Security Fund if a
637+10 managed care program is not accessible, as determined by
638+11 the Department of Central Management Services.
639+12 (3.1) For a TRS dependent beneficiary who is Medicare
640+13 primary and enrolled in a managed care plan, or the major
641+14 medical coverage program if a managed care plan is not
642+15 available, 25% of the total insurance rate shall be paid
643+16 from the Teacher Health Security Fund as determined by the
644+17 Department of Central Management Services. For the purpose
645+18 of this item (3.1), the term "TRS dependent beneficiary
646+19 who is Medicare primary" means a TRS dependent beneficiary
647+20 who is participating in Medicare Parts A and B.
648+21 (4) Except as otherwise provided in item (3.1), the
649+22 balance of the rate of insurance, including the entire
650+23 premium of any coverage for TRS dependent beneficiaries
651+24 that has been elected, shall be paid by deductions
652+25 authorized by the TRS benefit recipient to be withheld
653+26 from his or her monthly annuity or benefit payment from
654+
655+
656+
657+
658+
659+ HB4959 Enrolled - 19 - LRB103 36303 SPS 66401 b
660+
661+
662+HB4959 Enrolled- 20 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 20 - LRB103 36303 SPS 66401 b
663+ HB4959 Enrolled - 20 - LRB103 36303 SPS 66401 b
664+1 the Teachers' Retirement System; except that (i) if the
665+2 balance of the cost of coverage exceeds the amount of the
666+3 monthly annuity or benefit payment, the difference shall
667+4 be paid directly to the Teachers' Retirement System by the
668+5 TRS benefit recipient, and (ii) all or part of the balance
669+6 of the cost of coverage may, at the school board's option,
670+7 be paid to the Teachers' Retirement System by the school
671+8 board of the school district from which the TRS benefit
672+9 recipient retired, in accordance with Section 10-22.3b of
673+10 the School Code. The Teachers' Retirement System shall
674+11 promptly deposit all moneys withheld by or paid to it
675+12 under this subdivision (e)(4) into the Teacher Health
676+13 Insurance Security Fund. These moneys shall not be
677+14 considered assets of the Retirement System.
678+15 (5) If, for any month beginning on or after January 1,
679+16 2013, a TRS benefit recipient or TRS dependent beneficiary
680+17 was enrolled in Medicare Parts A and B and such Medicare
681+18 coverage was primary to coverage under this Section but
682+19 payment for coverage under this Section was made at a rate
683+20 greater than the Medicare primary rate published by the
684+21 Department of Central Management Services, the TRS benefit
685+22 recipient or TRS dependent beneficiary shall be eligible
686+23 for a refund equal to the difference between the amount
687+24 paid by the TRS benefit recipient or TRS dependent
688+25 beneficiary and the published Medicare primary rate. To
689+26 receive a refund pursuant to this subsection, the TRS
690+
691+
692+
693+
694+
695+ HB4959 Enrolled - 20 - LRB103 36303 SPS 66401 b
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699+ HB4959 Enrolled - 21 - LRB103 36303 SPS 66401 b
700+1 benefit recipient or TRS dependent beneficiary must
701+2 provide documentation to the Department of Central
702+3 Management Services evidencing the TRS benefit recipient's
703+4 or TRS dependent beneficiary's Medicare coverage and the
704+5 amount paid by the TRS benefit recipient or TRS dependent
705+6 beneficiary during the applicable time period.
706+7 (f) Financing. Beginning July 1, 1995, all revenues
707+8 arising from the administration of the health benefit programs
708+9 established under Article 16 of the Illinois Pension Code or
709+10 this Section shall be deposited into the Teacher Health
710+11 Insurance Security Fund, which is hereby created as a
711+12 nonappropriated trust fund to be held outside the State
712+13 Treasury, with the State Treasurer as custodian. Any interest
713+14 earned on moneys in the Teacher Health Insurance Security Fund
714+15 shall be deposited into the Fund.
715+16 Moneys in the Teacher Health Insurance Security Fund shall
716+17 be used only to pay the costs of the health benefit program
717+18 established under this Section, including associated
718+19 administrative costs, and the costs associated with the health
719+20 benefit program established under Article 16 of the Illinois
720+21 Pension Code, as authorized in this Section. Beginning July 1,
721+22 1995, the Department of Central Management Services may make
722+23 expenditures from the Teacher Health Insurance Security Fund
723+24 for those costs.
724+25 After other funds authorized for the payment of the costs
725+26 of the health benefit program established under Article 16 of
726+
727+
728+
729+
730+
731+ HB4959 Enrolled - 21 - LRB103 36303 SPS 66401 b
732+
733+
734+HB4959 Enrolled- 22 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 22 - LRB103 36303 SPS 66401 b
735+ HB4959 Enrolled - 22 - LRB103 36303 SPS 66401 b
736+1 the Illinois Pension Code are exhausted and until January 1,
737+2 1996 (or such later date as may be agreed upon by the Director
738+3 of Central Management Services and the Secretary of the
739+4 Teachers' Retirement System), the Secretary of the Teachers'
740+5 Retirement System may make expenditures from the Teacher
741+6 Health Insurance Security Fund as necessary to pay up to 75% of
742+7 the cost of providing health coverage to eligible benefit
743+8 recipients (as defined in Sections 16-153.1 and 16-153.3 of
744+9 the Illinois Pension Code) who are enrolled in the Article 16
745+10 health benefit program and to facilitate the transfer of
746+11 administration of the health benefit program to the Department
747+12 of Central Management Services.
748+13 The Department of Central Management Services, or any
749+14 successor agency designated to procure healthcare contracts
750+15 pursuant to this Act, is authorized to establish funds,
751+16 separate accounts provided by any bank or banks as defined by
752+17 the Illinois Banking Act, or separate accounts provided by any
753+18 savings and loan association or associations as defined by the
754+19 Illinois Savings and Loan Act of 1985 to be held by the
755+20 Director, outside the State treasury, for the purpose of
756+21 receiving the transfer of moneys from the Teacher Health
757+22 Insurance Security Fund. The Department may promulgate rules
758+23 further defining the methodology for the transfers. Any
759+24 interest earned by moneys in the funds or accounts shall inure
760+25 to the Teacher Health Insurance Security Fund. The transferred
761+26 moneys, and interest accrued thereon, shall be used
762+
763+
764+
765+
766+
767+ HB4959 Enrolled - 22 - LRB103 36303 SPS 66401 b
768+
769+
770+HB4959 Enrolled- 23 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 23 - LRB103 36303 SPS 66401 b
771+ HB4959 Enrolled - 23 - LRB103 36303 SPS 66401 b
772+1 exclusively for transfers to administrative service
773+2 organizations or their financial institutions for payments of
774+3 claims to claimants and providers under the self-insurance
775+4 health plan. The transferred moneys, and interest accrued
776+5 thereon, shall not be used for any other purpose including,
777+6 but not limited to, reimbursement of administration fees due
778+7 the administrative service organization pursuant to its
779+8 contract or contracts with the Department.
780+9 (g) Contract for benefits. The Director shall by contract,
781+10 self-insurance, or otherwise make available the program of
782+11 health benefits for TRS benefit recipients and their TRS
783+12 dependent beneficiaries that is provided for in this Section.
784+13 The contract or other arrangement for the provision of these
785+14 health benefits shall be on terms deemed by the Director to be
786+15 in the best interest of the State of Illinois and the TRS
787+16 benefit recipients based on, but not limited to, such criteria
788+17 as administrative cost, service capabilities of the carrier or
789+18 other contractor, and the costs of the benefits.
790+19 (g-5) Committee. A Teacher Retirement Insurance Program
791+20 Committee shall be established, to consist of 10 persons
792+21 appointed by the Governor.
793+22 The Committee shall convene at least 4 times each year,
794+23 and shall consider and make recommendations on issues
795+24 affecting the program of health benefits provided under this
796+25 Section. Recommendations of the Committee shall be based on a
797+26 consensus of the members of the Committee.
798+
799+
800+
801+
802+
803+ HB4959 Enrolled - 23 - LRB103 36303 SPS 66401 b
804+
805+
806+HB4959 Enrolled- 24 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 24 - LRB103 36303 SPS 66401 b
807+ HB4959 Enrolled - 24 - LRB103 36303 SPS 66401 b
808+1 If the Teacher Health Insurance Security Fund experiences
809+2 a deficit balance based upon the contribution and subsidy
810+3 rates established in this Section and Section 6.6 for Fiscal
811+4 Year 2008 or thereafter, the Committee shall make
812+5 recommendations for adjustments to the funding sources
813+6 established under these Sections.
814+7 In addition, the Committee shall identify proposed
815+8 solutions to the funding shortfalls that are affecting the
816+9 Teacher Health Insurance Security Fund, and it shall report
817+10 those solutions to the Governor and the General Assembly
818+11 within 6 months after August 15, 2011 (the effective date of
819+12 Public Act 97-386).
820+13 (h) Continuation of program. It is the intention of the
821+14 General Assembly that the program of health benefits provided
822+15 under this Section be maintained on an ongoing, affordable
823+16 basis.
824+17 The program of health benefits provided under this Section
825+18 may be amended by the State and is not intended to be a pension
826+19 or retirement benefit subject to protection under Article
827+20 XIII, Section 5 of the Illinois Constitution.
828+21 (i) Repeal. (Blank).
829+22 (Source: P.A. 101-483, eff. 1-1-20; 102-210, eff. 7-30-21.)
830+23 Section 3-4. The Attorney General Act is amended by
831+24 changing Section 4a as follows:
832+
833+
834+
835+
836+
837+ HB4959 Enrolled - 24 - LRB103 36303 SPS 66401 b
838+
839+
840+HB4959 Enrolled- 25 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 25 - LRB103 36303 SPS 66401 b
841+ HB4959 Enrolled - 25 - LRB103 36303 SPS 66401 b
842+1 (15 ILCS 205/4a) (from Ch. 14, par. 4a)
843+2 Sec. 4a. Attorneys and investigators appointed by the
844+3 attorney general, and on his payroll, when authorized by the
845+4 attorney general or his designee, may expend such sums as the
846+5 attorney general or his designee deems necessary for any one
847+6 or more of the following: the purchase of items for evidence; ,
848+7 the advancement of fees in cases before United States courts
849+8 or other State courts; , and in the payment of expert witness
850+9 expenses and witness fees, including expert witness fees; or
851+10 subpoena fees.
852+11 Funds for making expenditures authorized in this Section
853+12 shall be advanced from funds appropriated or made available by
854+13 law for the support or use of the office of attorney general or
855+14 vouchers therefor signed by the attorney general or his
856+15 designee. Sums so advanced may be paid to the attorney or
857+16 investigator authorized to receive the advancement, or may be
858+17 made payable to the ultimate recipient. Any expenditures under
859+18 this Section shall be audited by the auditor general as part of
860+19 any mandated audit conducted in compliance with Section 3-2 of
861+20 the Illinois State Auditing Act.
862+21 (Source: P.A. 95-331, eff. 8-21-07.)
863+22 Section 3-6. The Substance Use Disorder Act is amended by
864+23 adding Section 5-30 as follows:
865+24 (20 ILCS 301/5-30 new)
866+
867+
868+
869+
870+
871+ HB4959 Enrolled - 25 - LRB103 36303 SPS 66401 b
872+
873+
874+HB4959 Enrolled- 26 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 26 - LRB103 36303 SPS 66401 b
875+ HB4959 Enrolled - 26 - LRB103 36303 SPS 66401 b
876+1 Sec. 5-30. Substance Use Disorder Treatment Locator.
877+2 Subject to appropriation, the Department of Human Services
878+3 shall issue a request for proposal to establish a supplemental
879+4 substance use disorder treatment locator that can compare and
880+5 assess addiction treatment facilities to identify high-quality
881+6 providers and provide a publicly available search function for
882+7 patients, health care providers, and first responders to find
883+8 substance use disorder providers. The supplemental treatment
884+9 locator shall integrate with the Illinois Helpline and provide
885+10 annual surveys on both providers and patient experiences that
886+11 aid in identifying high-quality providers to better aid
887+12 decision making for patients, health care providers, and first
888+13 responders to find substance use disorder treatment.
889+14 Section 3-7. The Children and Family Services Act is
890+15 amended by changing Sections 4a and 17a-4 as follows:
891+16 (20 ILCS 505/4a) (from Ch. 23, par. 5004a)
892+17 Sec. 4a. (a) To administer child abuse prevention shelters
893+18 and service programs for abused and neglected children, or
894+19 provide for their administration by not-for-profit
895+20 corporations, community-based organizations or units of local
896+21 government.
897+22 The Department is hereby designated the single State
898+23 agency for planning and coordination of child abuse and
899+24 neglect prevention programs and services. On or before the
900+
901+
902+
903+
904+
905+ HB4959 Enrolled - 26 - LRB103 36303 SPS 66401 b
906+
907+
908+HB4959 Enrolled- 27 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 27 - LRB103 36303 SPS 66401 b
909+ HB4959 Enrolled - 27 - LRB103 36303 SPS 66401 b
910+1 first Friday in October of each year, the Department shall
911+2 submit to the Governor and the General Assembly a State
912+3 comprehensive child abuse and neglect prevention plan. The
913+4 plan shall: identify priorities, goals and objectives;
914+5 identify the resources necessary to implement the plan,
915+6 including estimates of resources needed to investigate or
916+7 otherwise process reports of suspected child abuse or neglect
917+8 and to provide necessary follow-up services for child
918+9 protection, family preservation and family reunification in
919+10 "indicated" cases as determined under the Abused and Neglected
920+11 Child Reporting Act; make proposals for the most effective use
921+12 of existing resources to implement the plan, including
922+13 recommendations for the optimum use of private, local public,
923+14 State and federal resources; and propose strategies for the
924+15 development of additional resources to meet the goal of
925+16 reducing the incidence of child abuse and neglect and reducing
926+17 the number of reports of suspected child abuse and neglect
927+18 made to the Department.
928+19 (b) The administration of child abuse prevention, shelters
929+20 and service programs under subsection (a) shall be funded in
930+21 part by appropriations made from the Child Abuse Prevention
931+22 Fund, which is hereby created in the State Treasury, and in
932+23 part by appropriations from the General Revenue Fund. All
933+24 interest earned on monies in the Child Abuse Prevention Fund
934+25 shall remain in such fund. The Department and the State
935+26 Treasurer may accept funds as provided by Sections 507 and 508
936+
937+
938+
939+
940+
941+ HB4959 Enrolled - 27 - LRB103 36303 SPS 66401 b
942+
943+
944+HB4959 Enrolled- 28 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 28 - LRB103 36303 SPS 66401 b
945+ HB4959 Enrolled - 28 - LRB103 36303 SPS 66401 b
946+1 of the Illinois Income Tax Act and unsolicited private
947+2 donations for deposit into the Child Abuse Prevention Fund.
948+3 Annual requests for appropriations for the purpose of
949+4 providing child abuse and neglect prevention programs and
950+5 services under this Section shall be made in separate and
951+6 distinct line-items. In setting priorities for the direction
952+7 and scope of such programs, the Director shall be advised by
953+8 the State-wide Citizen's Committee on Child Abuse and Neglect.
954+9 (c) (Blank). Where the Department contracts with outside
955+10 agencies to operate the shelters or programs, such outside
956+11 agencies may receive funding from the Department, except that
957+12 the shelters must certify a 20% financial match for operating
958+13 expenses of their programs. In selecting the outside agencies
959+14 to administer child shelters and service programs, and in
960+15 allocating funds for such agencies, the Department shall give
961+16 priority to new and existing shelters or programs offering the
962+17 broadest range of services to the community served.
963+18 (d) The Department shall have the power to make grants of
964+19 monies to fund comprehensive community-based services to
965+20 reduce the incidence of family dysfunction typified by child
966+21 abuse and neglect; to diminish those factors found to increase
967+22 family dysfunction; and to measure the effectiveness and costs
968+23 of such services.
969+24 (e) For implementing such intergovernmental cooperation
970+25 and involvement, units of local government and public and
971+26 private agencies may apply for and receive federal or State
972+
973+
974+
975+
976+
977+ HB4959 Enrolled - 28 - LRB103 36303 SPS 66401 b
978+
979+
980+HB4959 Enrolled- 29 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 29 - LRB103 36303 SPS 66401 b
981+ HB4959 Enrolled - 29 - LRB103 36303 SPS 66401 b
982+1 funds from the Department under this Act or seek and receive
983+2 gifts from local philanthropic or other private local sources
984+3 in order to augment any State funds appropriated for the
985+4 purposes of this Act.
986+5 (e-5) The Department may establish and maintain locally
987+6 held funds to be individually known as the Youth in Care
988+7 Support Fund. Moneys in these funds shall be used for
989+8 purchases for the immediate needs of youth in care or for the
990+9 immediate support needs of youth, families, and caregivers
991+10 served by the Department. Moneys paid into funds shall be from
992+11 appropriations made to the DCFS Children's Services Fund.
993+12 Funds remaining in any Youth in Care Support Fund must be
994+13 returned to the DCFS Children's Services Fund upon
995+14 dissolution. Any warrant for payment to a vendor for the same
996+15 product or service for a youth in care shall be payable to the
997+16 Department to reimburse the immediate payment from the Youth
998+17 in Care Support Fund.
999+18 (f) For the purposes of this Section:
1000+19 (1) The terms "abused child" and "neglected child"
1001+20 have meanings ascribed to them in Section 3 of the Abused
1002+21 and Neglected Child Reporting Act.
1003+22 (2) "Shelter" has the meaning ascribed to it in
1004+23 Section 1-3 of the Juvenile Court Act of 1987.
1005+24 (Source: P.A. 103-259, eff. 1-1-24.)
1006+25 (20 ILCS 505/17a-4) (from Ch. 23, par. 5017a-4)
1007+
1008+
1009+
1010+
1011+
1012+ HB4959 Enrolled - 29 - LRB103 36303 SPS 66401 b
1013+
1014+
1015+HB4959 Enrolled- 30 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 30 - LRB103 36303 SPS 66401 b
1016+ HB4959 Enrolled - 30 - LRB103 36303 SPS 66401 b
1017+1 Sec. 17a-4. Grants for community-based youth services;
1018+2 Department of Human Services.
1019+3 (a) The Department of Human Services shall make grants for
1020+4 the purpose of planning, establishing, operating, coordinating
1021+5 and evaluating programs aimed at reducing or eliminating the
1022+6 involvement of youth in the child welfare or juvenile justice
1023+7 systems. The programs shall include those providing for more
1024+8 comprehensive and integrated community-based youth services
1025+9 including Unified Delinquency Intervention Services programs
1026+10 and for community services programs. The Department may
1027+11 authorize advance disbursement of funds for such youth
1028+12 services programs. When the appropriation for "comprehensive
1029+13 community-based service to youth" is equal to or exceeds
1030+14 $5,000,000, the Department shall allocate the total amount of
1031+15 such appropriated funds in the following manner:
1032+16 (1) no more than 20% of the grant funds appropriated
1033+17 shall be awarded by the Department for new program
1034+18 development and innovation;
1035+19 (2) not less than 80% of grant funds appropriated
1036+20 shall be allocated to community-based youth services
1037+21 programs based upon population of youth under 18 years of
1038+22 age and other demographic variables defined by the
1039+23 Department of Human Services by rule, which may include
1040+24 weighting for service priorities relating to special needs
1041+25 identified in the annual plans of the regional youth
1042+26 planning committees established under this Act; and
1043+
1044+
1045+
1046+
1047+
1048+ HB4959 Enrolled - 30 - LRB103 36303 SPS 66401 b
1049+
1050+
1051+HB4959 Enrolled- 31 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 31 - LRB103 36303 SPS 66401 b
1052+ HB4959 Enrolled - 31 - LRB103 36303 SPS 66401 b
1053+1 (3) if any amount so allocated under paragraph (2) of
1054+2 this subsection (a) remains unobligated such funds shall
1055+3 be reallocated in a manner equitable and consistent with
1056+4 the purpose of paragraph (2) of this subsection (a). ; and
1057+5 (4) the local boards or local service systems shall
1058+6 certify prior to receipt of grant funds from the
1059+7 Department of Human Services that a 10% local public or
1060+8 private financial or in-kind commitment is allocated to
1061+9 supplement the State grant.
1062+10 (b) Notwithstanding any provision in this Act or rules
1063+11 promulgated under this Act to the contrary, unless expressly
1064+12 prohibited by federal law or regulation, all individuals,
1065+13 corporations, or other entities that provide medical or mental
1066+14 health services, whether organized as for-profit or
1067+15 not-for-profit entities, shall be eligible for consideration
1068+16 by the Department of Human Services to participate in any
1069+17 program funded or administered by the Department. This
1070+18 subsection shall not apply to the receipt of federal funds
1071+19 administered and transferred by the Department for services
1072+20 when the federal government has specifically provided that
1073+21 those funds may be received only by those entities organized
1074+22 as not-for-profit entities.
1075+23 (Source: P.A. 89-392, eff. 8-20-95; 89-507, eff. 7-1-97;
1076+24 90-655, eff. 7-30-98.)
1077+25 Section 3-8. The Department of Commerce and Economic
1078+
1079+
1080+
1081+
1082+
1083+ HB4959 Enrolled - 31 - LRB103 36303 SPS 66401 b
1084+
1085+
1086+HB4959 Enrolled- 32 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 32 - LRB103 36303 SPS 66401 b
1087+ HB4959 Enrolled - 32 - LRB103 36303 SPS 66401 b
1088+1 Opportunity Law of the Civil Administrative Code of Illinois
1089+2 is amended by changing Section 605-705 as follows:
1090+3 (20 ILCS 605/605-705) (was 20 ILCS 605/46.6a)
1091+4 Sec. 605-705. Grants to local tourism and convention
1092+5 bureaus.
1093+6 (a) To establish a grant program for local tourism and
1094+7 convention bureaus. The Department will develop and implement
1095+8 a program for the use of funds, as authorized under this Act,
1096+9 by local tourism and convention bureaus. For the purposes of
1097+10 this Act, bureaus eligible to receive funds are those local
1098+11 tourism and convention bureaus that are (i) either units of
1099+12 local government or incorporated as not-for-profit
1100+13 organizations; (ii) in legal existence for a minimum of 2
1101+14 years before July 1, 2001; (iii) operating with a paid,
1102+15 full-time staff whose sole purpose is to promote tourism in
1103+16 the designated service area; and (iv) affiliated with one or
1104+17 more municipalities or counties that support the bureau with
1105+18 local hotel-motel taxes. After July 1, 2001, bureaus
1106+19 requesting certification in order to receive funds for the
1107+20 first time must be local tourism and convention bureaus that
1108+21 are (i) either units of local government or incorporated as
1109+22 not-for-profit organizations; (ii) in legal existence for a
1110+23 minimum of 2 years before the request for certification; (iii)
1111+24 operating with a paid, full-time staff whose sole purpose is
1112+25 to promote tourism in the designated service area; and (iv)
1113+
1114+
1115+
1116+
1117+
1118+ HB4959 Enrolled - 32 - LRB103 36303 SPS 66401 b
1119+
1120+
1121+HB4959 Enrolled- 33 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 33 - LRB103 36303 SPS 66401 b
1122+ HB4959 Enrolled - 33 - LRB103 36303 SPS 66401 b
1123+1 affiliated with multiple municipalities or counties that
1124+2 support the bureau with local hotel-motel taxes. Each bureau
1125+3 receiving funds under this Act will be certified by the
1126+4 Department as the designated recipient to serve an area of the
1127+5 State. Notwithstanding the criteria set forth in this
1128+6 subsection (a), or any rule adopted under this subsection (a),
1129+7 the Director of the Department may provide for the award of
1130+8 grant funds to one or more entities if in the Department's
1131+9 judgment that action is necessary in order to prevent a loss of
1132+10 funding critical to promoting tourism in a designated
1133+11 geographic area of the State.
1134+12 (b) To distribute grants to local tourism and convention
1135+13 bureaus from appropriations made from the Local Tourism Fund
1136+14 for that purpose. Of the amounts appropriated annually to the
1137+15 Department for expenditure under this Section prior to July 1,
1138+16 2011, one-third of those monies shall be used for grants to
1139+17 convention and tourism bureaus in cities with a population
1140+18 greater than 500,000. The remaining two-thirds of the annual
1141+19 appropriation prior to July 1, 2011 shall be used for grants to
1142+20 convention and tourism bureaus in the remainder of the State,
1143+21 in accordance with a formula based upon the population served.
1144+22 Of the amounts appropriated annually to the Department for
1145+23 expenditure under this Section beginning July 1, 2011, 18% of
1146+24 such moneys shall be used for grants to convention and tourism
1147+25 bureaus in cities with a population greater than 500,000. Of
1148+26 the amounts appropriated annually to the Department for
1149+
1150+
1151+
1152+
1153+
1154+ HB4959 Enrolled - 33 - LRB103 36303 SPS 66401 b
1155+
1156+
1157+HB4959 Enrolled- 34 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 34 - LRB103 36303 SPS 66401 b
1158+ HB4959 Enrolled - 34 - LRB103 36303 SPS 66401 b
1159+1 expenditure under this Section beginning July 1, 2011, 82% of
1160+2 such moneys shall be used for grants to convention bureaus in
1161+3 the remainder of the State, in accordance with a formula based
1162+4 upon the population served. The Department may reserve up to
1163+5 3% of total local tourism funds available for costs of
1164+6 administering the program to conduct audits of grants, to
1165+7 provide incentive funds to those bureaus that will conduct
1166+8 promotional activities designed to further the Department's
1167+9 statewide advertising campaign, to fund special statewide
1168+10 promotional activities, and to fund promotional activities
1169+11 that support an increased use of the State's parks or historic
1170+12 sites. The Department shall require that any convention and
1171+13 tourism bureau receiving a grant under this Section that
1172+14 requires matching funds shall provide matching funds equal to
1173+15 no less than 50% of the grant amount, except that: (1) in
1174+16 Fiscal Years 2021 through 2024 only, the Department shall
1175+17 require that any convention and tourism bureau receiving a
1176+18 grant under this Section that requires matching funds shall
1177+19 provide matching funds equal to no less than 25% of the grant
1178+20 amount; (2) in Fiscal Year 2025, the Department shall require
1179+21 that any convention and tourism bureau receiving a grant under
1180+22 this Section that requires matching funds shall provide
1181+23 matching funds equal to no less than 30% of the grant amount;
1182+24 and (3) in Fiscal Year 2026, the Department shall require that
1183+25 any convention and tourism bureau receiving a grant under this
1184+26 Section that requires matching funds shall provide matching
1185+
1186+
1187+
1188+
1189+
1190+ HB4959 Enrolled - 34 - LRB103 36303 SPS 66401 b
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1192+
1193+HB4959 Enrolled- 35 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 35 - LRB103 36303 SPS 66401 b
1194+ HB4959 Enrolled - 35 - LRB103 36303 SPS 66401 b
1195+1 funds equal to no less than 40% of the grant amount. During
1196+2 fiscal year 2013, the Department shall reserve $2,000,000 of
1197+3 the available local tourism funds for appropriation to the
1198+4 Historic Preservation Agency for the operation of the Abraham
1199+5 Lincoln Presidential Library and Museum and State historic
1200+6 sites.
1201+7 To provide for the expeditious and timely implementation
1202+8 of the changes made by Public Act 101-636, emergency rules to
1203+9 implement the changes made by Public Act 101-636 may be
1204+10 adopted by the Department subject to the provisions of Section
1205+11 5-45 of the Illinois Administrative Procedure Act.
1206+12 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
1207+13 103-8, eff. 6-7-23.)
1208+14 Section 3-9. The Mental Health and Developmental
1209+15 Disabilities Administrative Act is amended by changing Section
1210+16 74 as follows:
1211+17 (20 ILCS 1705/74)
1212+18 Sec. 74. Rates and reimbursements.
1213+19 (a) Within 30 days after July 6, 2017 (the effective date
1214+20 of Public Act 100-23), the Department shall increase rates and
1215+21 reimbursements to fund a minimum of a $0.75 per hour wage
1216+22 increase for front-line personnel, including, but not limited
1217+23 to, direct support professionals, aides, front-line
1218+24 supervisors, qualified intellectual disabilities
1219+
1220+
1221+
1222+
1223+
1224+ HB4959 Enrolled - 35 - LRB103 36303 SPS 66401 b
1225+
1226+
1227+HB4959 Enrolled- 36 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 36 - LRB103 36303 SPS 66401 b
1228+ HB4959 Enrolled - 36 - LRB103 36303 SPS 66401 b
1229+1 professionals, nurses, and non-administrative support staff
1230+2 working in community-based provider organizations serving
1231+3 individuals with developmental disabilities. The Department
1232+4 shall adopt rules, including emergency rules under subsection
1233+5 (y) of Section 5-45 of the Illinois Administrative Procedure
1234+6 Act, to implement the provisions of this Section.
1235+7 (b) Rates and reimbursements. Within 30 days after June 4,
1236+8 2018 (the effective date of Public Act 100-587), the
1237+9 Department shall increase rates and reimbursements to fund a
1238+10 minimum of a $0.50 per hour wage increase for front-line
1239+11 personnel, including, but not limited to, direct support
1240+12 professionals, aides, front-line supervisors, qualified
1241+13 intellectual disabilities professionals, nurses, and
1242+14 non-administrative support staff working in community-based
1243+15 provider organizations serving individuals with developmental
1244+16 disabilities. The Department shall adopt rules, including
1245+17 emergency rules under subsection (bb) of Section 5-45 of the
1246+18 Illinois Administrative Procedure Act, to implement the
1247+19 provisions of this Section.
1248+20 (c) Rates and reimbursements. Within 30 days after June 5,
1249+21 2019 (the effective date of Public Act 101-10), subject to
1250+22 federal approval, the Department shall increase rates and
1251+23 reimbursements in effect on June 30, 2019 for community-based
1252+24 providers for persons with Developmental Disabilities by 3.5%
1253+25 The Department shall adopt rules, including emergency rules
1254+26 under subsection (jj) of Section 5-45 of the Illinois
1255+
1256+
1257+
1258+
1259+
1260+ HB4959 Enrolled - 36 - LRB103 36303 SPS 66401 b
1261+
1262+
1263+HB4959 Enrolled- 37 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 37 - LRB103 36303 SPS 66401 b
1264+ HB4959 Enrolled - 37 - LRB103 36303 SPS 66401 b
1265+1 Administrative Procedure Act, to implement the provisions of
1266+2 this Section, including wage increases for direct care staff.
1267+3 (d) For community-based providers serving persons with
1268+4 intellectual/developmental disabilities, subject to federal
1269+5 approval of any relevant Waiver Amendment, the rates taking
1270+6 effect for services delivered on or after January 1, 2022,
1271+7 shall include an increase in the rate methodology sufficient
1272+8 to provide a $1.50 per hour wage increase for direct support
1273+9 professionals in residential settings and sufficient to
1274+10 provide wages for all residential non-executive direct care
1275+11 staff, excluding direct support professionals, at the federal
1276+12 Department of Labor, Bureau of Labor Statistics' average wage
1277+13 as defined in rule by the Department.
1278+14 The establishment of and any changes to the rate
1279+15 methodologies for community-based services provided to persons
1280+16 with intellectual/developmental disabilities are subject to
1281+17 federal approval of any relevant Waiver Amendment and shall be
1282+18 defined in rule by the Department. The Department shall adopt
1283+19 rules, including emergency rules as authorized by Section 5-45
1284+20 of the Illinois Administrative Procedure Act, to implement the
1285+21 provisions of this subsection (d).
1286+22 (e) For community-based providers serving persons with
1287+23 intellectual/developmental disabilities, subject to federal
1288+24 approval of any relevant Waiver Amendment, the rates taking
1289+25 effect for services delivered on or after January 1, 2023,
1290+26 shall include an increase in the rate methodology sufficient
1291+
1292+
1293+
1294+
1295+
1296+ HB4959 Enrolled - 37 - LRB103 36303 SPS 66401 b
1297+
1298+
1299+HB4959 Enrolled- 38 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 38 - LRB103 36303 SPS 66401 b
1300+ HB4959 Enrolled - 38 - LRB103 36303 SPS 66401 b
1301+1 to provide a $1.00 per hour wage increase for all direct
1302+2 support professionals and all other frontline personnel who
1303+3 are not subject to the Bureau of Labor Statistics' average
1304+4 wage increases, who work in residential and community day
1305+5 services settings, with at least $0.50 of those funds to be
1306+6 provided as a direct increase to base wages, with the
1307+7 remaining $0.50 to be used flexibly for base wage increases.
1308+8 In addition, the rates taking effect for services delivered on
1309+9 or after January 1, 2023 shall include an increase sufficient
1310+10 to provide wages for all residential non-executive direct care
1311+11 staff, excluding direct support professionals, at the federal
1312+12 Department of Labor, Bureau of Labor Statistics' average wage
1313+13 as defined in rule by the Department.
1314+14 The establishment of and any changes to the rate
1315+15 methodologies for community-based services provided to persons
1316+16 with intellectual/developmental disabilities are subject to
1317+17 federal approval of any relevant Waiver Amendment and shall be
1318+18 defined in rule by the Department. The Department shall adopt
1319+19 rules, including emergency rules as authorized by Section 5-45
1320+20 of the Illinois Administrative Procedure Act, to implement the
1321+21 provisions of this subsection.
1322+22 (f) For community-based providers serving persons with
1323+23 intellectual/developmental disabilities, subject to federal
1324+24 approval of any relevant Waiver Amendment, the rates taking
1325+25 effect for services delivered on or after January 1, 2024
1326+26 shall include an increase in the rate methodology sufficient
1327+
1328+
1329+
1330+
1331+
1332+ HB4959 Enrolled - 38 - LRB103 36303 SPS 66401 b
1333+
1334+
1335+HB4959 Enrolled- 39 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 39 - LRB103 36303 SPS 66401 b
1336+ HB4959 Enrolled - 39 - LRB103 36303 SPS 66401 b
1337+1 to provide a $2.50 per hour wage increase for all direct
1338+2 support professionals and all other frontline personnel who
1339+3 are not subject to the Bureau of Labor Statistics' average
1340+4 wage increases and who work in residential and community day
1341+5 services settings. At least $1.25 of the per hour wage
1342+6 increase shall be provided as a direct increase to base wages,
1343+7 and the remaining $1.25 of the per hour wage increase shall be
1344+8 used flexibly for base wage increases. In addition, the rates
1345+9 taking effect for services delivered on or after January 1,
1346+10 2024 shall include an increase sufficient to provide wages for
1347+11 all residential non-executive direct care staff, excluding
1348+12 direct support professionals, at the federal Department of
1349+13 Labor, Bureau of Labor Statistics' average wage as defined in
1350+14 rule by the Department.
1351+15 The establishment of and any changes to the rate
1352+16 methodologies for community-based services provided to persons
1353+17 with intellectual/developmental disabilities are subject to
1354+18 federal approval of any relevant Waiver Amendment and shall be
1355+19 defined in rule by the Department. The Department shall adopt
1356+20 rules, including emergency rules as authorized by Section 5-45
1357+21 of the Illinois Administrative Procedure Act, to implement the
1358+22 provisions of this subsection.
1359+23 (g) For community-based providers serving persons with
1360+24 intellectual or developmental disabilities, subject to federal
1361+25 approval of any relevant Waiver Amendment, the rates taking
1362+26 effect for services delivered on or after January 1, 2025
1363+
1364+
1365+
1366+
1367+
1368+ HB4959 Enrolled - 39 - LRB103 36303 SPS 66401 b
1369+
1370+
1371+HB4959 Enrolled- 40 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 40 - LRB103 36303 SPS 66401 b
1372+ HB4959 Enrolled - 40 - LRB103 36303 SPS 66401 b
1373+1 shall include an increase in the rate methodology sufficient
1374+2 to provide a $1 per hour wage rate increase for all direct
1375+3 support personnel and all other frontline personnel who are
1376+4 not subject to the Bureau of Labor Statistics' average wage
1377+5 increases and who work in residential and community day
1378+6 services settings, with at least $0.75 of those funds to be
1379+7 provided as a direct increase to base wages and the remaining
1380+8 $0.25 to be used flexibly for base wage increases. These
1381+9 increases shall not be used by community-based providers for
1382+10 operational or administrative expenses. In addition, the rates
1383+11 taking effect for services delivered on or after January 1,
1384+12 2025 shall include an increase sufficient to provide wages for
1385+13 all residential non-executive direct care staff, excluding
1386+14 direct support personnel, at the federal Department of Labor,
1387+15 Bureau of Labor Statistics' average wage as defined by rule by
1388+16 the Department. For services delivered on or after January 1,
1389+17 2025, the rates shall include adjustments to
1390+18 employment-related expenses as defined by rule by the
1391+19 Department.
1392+20 The establishment of and any changes to the rate
1393+21 methodologies for community-based services provided to persons
1394+22 with intellectual or developmental disabilities are subject to
1395+23 federal approval of any relevant Waiver Amendment and shall be
1396+24 defined in rule by the Department. The Department shall adopt
1397+25 rules, including emergency rules as authorized by Section 5-45
1398+26 of the Illinois Administrative Procedure Act, to implement the
1399+
1400+
1401+
1402+
1403+
1404+ HB4959 Enrolled - 40 - LRB103 36303 SPS 66401 b
1405+
1406+
1407+HB4959 Enrolled- 41 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 41 - LRB103 36303 SPS 66401 b
1408+ HB4959 Enrolled - 41 - LRB103 36303 SPS 66401 b
1409+1 provisions of this subsection.
1410+2 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
1411+3 102-830, eff. 1-1-23; 103-8, eff. 6-7-23; 103-154, eff.
1412+4 6-30-23.)
1413+5 Section 3-10. The Governor's Office of Management and
1414+6 Budget Act is amended by adding Section 7.4 as follows:
1415+7 (20 ILCS 3005/7.4 new)
1416+8 Sec. 7.4. Monthly revenues reporting. No later than the
1417+9 15th day following the end of each month, the Office shall
1418+10 prepare and publish a written report including, at a minimum,
1419+11 the following information:
1420+12 (1) year-to-date general funds revenues as compared to
1421+13 anticipated revenues;
1422+14 (2) year-to-date general funds expenditures as
1423+15 compared to the then current fiscal year budget as
1424+16 enacted; and
1425+17 (3) any transfers between budget lines pursuant to
1426+18 Section 13.2 of the State Finance Act exceeding 2%.
1427+19 Section 3-11. The Illinois Emergency Management Agency Act
1428+20 is amended by changing Section 5 as follows:
1429+21 (20 ILCS 3305/5) (from Ch. 127, par. 1055)
1430+22 Sec. 5. Illinois Emergency Management Agency.
1431+
1432+
1433+
1434+
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1437+
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1440+ HB4959 Enrolled - 42 - LRB103 36303 SPS 66401 b
1441+1 (a) There is created within the executive branch of the
1442+2 State Government an Illinois Emergency Management Agency and a
1443+3 Director of the Illinois Emergency Management Agency, herein
1444+4 called the "Director" who shall be the head thereof. The
1445+5 Director shall be appointed by the Governor, with the advice
1446+6 and consent of the Senate, and shall serve for a term of 2
1447+7 years beginning on the third Monday in January of the
1448+8 odd-numbered year, and until a successor is appointed and has
1449+9 qualified; except that the term of the first Director
1450+10 appointed under this Act shall expire on the third Monday in
1451+11 January, 1989. The Director shall not hold any other
1452+12 remunerative public office. For terms beginning after January
1453+13 18, 2019 (the effective date of Public Act 100-1179) and
1454+14 before January 16, 2023, the annual salary of the Director
1455+15 shall be as provided in Section 5-300 of the Civil
1456+16 Administrative Code of Illinois. Notwithstanding any other
1457+17 provision of law, for terms beginning on or after January 16,
1458+18 2023, the Director shall receive an annual salary of $180,000
1459+19 or as set by the Governor, whichever is higher. On July 1,
1460+20 2023, and on each July 1 thereafter, the Director shall
1461+21 receive an increase in salary based on a cost of living
1462+22 adjustment as authorized by Senate Joint Resolution 192 of the
1463+23 86th General Assembly.
1464+24 For terms beginning on or after January 16, 2023, the
1465+25 Assistant Director of the Illinois Emergency Management Agency
1466+26 shall receive an annual salary of $156,600 or as set by the
1467+
1468+
1469+
1470+
1471+
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1473+
1474+
1475+HB4959 Enrolled- 43 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 43 - LRB103 36303 SPS 66401 b
1476+ HB4959 Enrolled - 43 - LRB103 36303 SPS 66401 b
1477+1 Governor, whichever is higher. On July 1, 2023, and on each
1478+2 July 1 thereafter, the Assistant Director shall receive an
1479+3 increase in salary based on a cost of living adjustment as
1480+4 authorized by Senate Joint Resolution 192 of the 86th General
1481+5 Assembly.
1482+6 (b) The Illinois Emergency Management Agency shall obtain,
1483+7 under the provisions of the Personnel Code, technical,
1484+8 clerical, stenographic and other administrative personnel, and
1485+9 may make expenditures within the appropriation therefor as may
1486+10 be necessary to carry out the purpose of this Act. The agency
1487+11 created by this Act is intended to be a successor to the agency
1488+12 created under the Illinois Emergency Services and Disaster
1489+13 Agency Act of 1975 and the personnel, equipment, records, and
1490+14 appropriations of that agency are transferred to the successor
1491+15 agency as of June 30, 1988 (the effective date of this Act).
1492+16 (c) The Director, subject to the direction and control of
1493+17 the Governor, shall be the executive head of the Illinois
1494+18 Emergency Management Agency and the State Emergency Response
1495+19 Commission and shall be responsible under the direction of the
1496+20 Governor, for carrying out the program for emergency
1497+21 management of this State. The Director shall also maintain
1498+22 liaison and cooperate with the emergency management
1499+23 organizations of this State and other states and of the
1500+24 federal government.
1501+25 (d) The Illinois Emergency Management Agency shall take an
1502+26 integral part in the development and revision of political
1503+
1504+
1505+
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1512+ HB4959 Enrolled - 44 - LRB103 36303 SPS 66401 b
1513+1 subdivision emergency operations plans prepared under
1514+2 paragraph (f) of Section 10. To this end it shall employ or
1515+3 otherwise secure the services of professional and technical
1516+4 personnel capable of providing expert assistance to the
1517+5 emergency services and disaster agencies. These personnel
1518+6 shall consult with emergency services and disaster agencies on
1519+7 a regular basis and shall make field examinations of the
1520+8 areas, circumstances, and conditions that particular political
1521+9 subdivision emergency operations plans are intended to apply.
1522+10 (e) The Illinois Emergency Management Agency and political
1523+11 subdivisions shall be encouraged to form an emergency
1524+12 management advisory committee composed of private and public
1525+13 personnel representing the emergency management phases of
1526+14 mitigation, preparedness, response, and recovery. The Local
1527+15 Emergency Planning Committee, as created under the Illinois
1528+16 Emergency Planning and Community Right to Know Act, shall
1529+17 serve as an advisory committee to the emergency services and
1530+18 disaster agency or agencies serving within the boundaries of
1531+19 that Local Emergency Planning Committee planning district for:
1532+20 (1) the development of emergency operations plan
1533+21 provisions for hazardous chemical emergencies; and
1534+22 (2) the assessment of emergency response capabilities
1535+23 related to hazardous chemical emergencies.
1536+24 (f) The Illinois Emergency Management Agency shall:
1537+25 (1) Coordinate the overall emergency management
1538+26 program of the State.
1539+
1540+
1541+
1542+
1543+
1544+ HB4959 Enrolled - 44 - LRB103 36303 SPS 66401 b
1545+
1546+
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1548+ HB4959 Enrolled - 45 - LRB103 36303 SPS 66401 b
1549+1 (2) Cooperate with local governments, the federal
1550+2 government, and any public or private agency or entity in
1551+3 achieving any purpose of this Act and in implementing
1552+4 emergency management programs for mitigation,
1553+5 preparedness, response, and recovery.
1554+6 (2.5) Develop a comprehensive emergency preparedness
1555+7 and response plan for any nuclear accident in accordance
1556+8 with Section 65 of the Nuclear Safety Law of 2004 and in
1557+9 development of the Illinois Nuclear Safety Preparedness
1558+10 program in accordance with Section 8 of the Illinois
1559+11 Nuclear Safety Preparedness Act.
1560+12 (2.6) Coordinate with the Department of Public Health
1561+13 with respect to planning for and responding to public
1562+14 health emergencies.
1563+15 (3) Prepare, for issuance by the Governor, executive
1564+16 orders, proclamations, and regulations as necessary or
1565+17 appropriate in coping with disasters.
1566+18 (4) Promulgate rules and requirements for political
1567+19 subdivision emergency operations plans that are not
1568+20 inconsistent with and are at least as stringent as
1569+21 applicable federal laws and regulations.
1570+22 (5) Review and approve, in accordance with Illinois
1571+23 Emergency Management Agency rules, emergency operations
1572+24 plans for those political subdivisions required to have an
1573+25 emergency services and disaster agency pursuant to this
1574+26 Act.
1575+
1576+
1577+
1578+
1579+
1580+ HB4959 Enrolled - 45 - LRB103 36303 SPS 66401 b
1581+
1582+
1583+HB4959 Enrolled- 46 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 46 - LRB103 36303 SPS 66401 b
1584+ HB4959 Enrolled - 46 - LRB103 36303 SPS 66401 b
1585+1 (5.5) Promulgate rules and requirements for the
1586+2 political subdivision emergency management exercises,
1587+3 including, but not limited to, exercises of the emergency
1588+4 operations plans.
1589+5 (5.10) Review, evaluate, and approve, in accordance
1590+6 with Illinois Emergency Management Agency rules, political
1591+7 subdivision emergency management exercises for those
1592+8 political subdivisions required to have an emergency
1593+9 services and disaster agency pursuant to this Act.
1594+10 (6) Determine requirements of the State and its
1595+11 political subdivisions for food, clothing, and other
1596+12 necessities in event of a disaster.
1597+13 (7) Establish a register of persons with types of
1598+14 emergency management training and skills in mitigation,
1599+15 preparedness, response, and recovery.
1600+16 (8) Establish a register of government and private
1601+17 response resources available for use in a disaster.
1602+18 (9) Expand the Earthquake Awareness Program and its
1603+19 efforts to distribute earthquake preparedness materials to
1604+20 schools, political subdivisions, community groups, civic
1605+21 organizations, and the media. Emphasis will be placed on
1606+22 those areas of the State most at risk from an earthquake.
1607+23 Maintain the list of all school districts, hospitals,
1608+24 airports, power plants, including nuclear power plants,
1609+25 lakes, dams, emergency response facilities of all types,
1610+26 and all other major public or private structures which are
1611+
1612+
1613+
1614+
1615+
1616+ HB4959 Enrolled - 46 - LRB103 36303 SPS 66401 b
1617+
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1619+HB4959 Enrolled- 47 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 47 - LRB103 36303 SPS 66401 b
1620+ HB4959 Enrolled - 47 - LRB103 36303 SPS 66401 b
1621+1 at the greatest risk of damage from earthquakes under
1622+2 circumstances where the damage would cause subsequent harm
1623+3 to the surrounding communities and residents.
1624+4 (10) Disseminate all information, completely and
1625+5 without delay, on water levels for rivers and streams and
1626+6 any other data pertaining to potential flooding supplied
1627+7 by the Division of Water Resources within the Department
1628+8 of Natural Resources to all political subdivisions to the
1629+9 maximum extent possible.
1630+10 (11) Develop agreements, if feasible, with medical
1631+11 supply and equipment firms to supply resources as are
1632+12 necessary to respond to an earthquake or any other
1633+13 disaster as defined in this Act. These resources will be
1634+14 made available upon notifying the vendor of the disaster.
1635+15 Payment for the resources will be in accordance with
1636+16 Section 7 of this Act. The Illinois Department of Public
1637+17 Health shall determine which resources will be required
1638+18 and requested.
1639+19 (11.5) In coordination with the Illinois State Police,
1640+20 develop and implement a community outreach program to
1641+21 promote awareness among the State's parents and children
1642+22 of child abduction prevention and response.
1643+23 (12) Out of funds appropriated for these purposes,
1644+24 award capital and non-capital grants to Illinois hospitals
1645+25 or health care facilities located outside of a city with a
1646+26 population in excess of 1,000,000 to be used for purposes
1647+
1648+
1649+
1650+
1651+
1652+ HB4959 Enrolled - 47 - LRB103 36303 SPS 66401 b
1653+
1654+
1655+HB4959 Enrolled- 48 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 48 - LRB103 36303 SPS 66401 b
1656+ HB4959 Enrolled - 48 - LRB103 36303 SPS 66401 b
1657+1 that include, but are not limited to, preparing to respond
1658+2 to mass casualties and disasters, maintaining and
1659+3 improving patient safety and quality of care, and
1660+4 protecting the confidentiality of patient information. No
1661+5 single grant for a capital expenditure shall exceed
1662+6 $300,000. No single grant for a non-capital expenditure
1663+7 shall exceed $100,000. In awarding such grants, preference
1664+8 shall be given to hospitals that serve a significant
1665+9 number of Medicaid recipients, but do not qualify for
1666+10 disproportionate share hospital adjustment payments under
1667+11 the Illinois Public Aid Code. To receive such a grant, a
1668+12 hospital or health care facility must provide funding of
1669+13 at least 50% of the cost of the project for which the grant
1670+14 is being requested. In awarding such grants the Illinois
1671+15 Emergency Management Agency shall consider the
1672+16 recommendations of the Illinois Hospital Association.
1673+17 (13) Do all other things necessary, incidental or
1674+18 appropriate for the implementation of this Act.
1675+19 (g) The Illinois Emergency Management Agency is authorized
1676+20 to make grants to various higher education institutions,
1677+21 public K-12 school districts, area vocational centers as
1678+22 designated by the State Board of Education, inter-district
1679+23 special education cooperatives, regional safe schools, and
1680+24 nonpublic K-12 schools for safety and security improvements.
1681+25 For the purpose of this subsection (g), "higher education
1682+26 institution" means a public university, a public community
1683+
1684+
1685+
1686+
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1688+ HB4959 Enrolled - 48 - LRB103 36303 SPS 66401 b
1689+
1690+
1691+HB4959 Enrolled- 49 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 49 - LRB103 36303 SPS 66401 b
1692+ HB4959 Enrolled - 49 - LRB103 36303 SPS 66401 b
1693+1 college, or an independent, not-for-profit or for-profit
1694+2 higher education institution located in this State. Grants
1695+3 made under this subsection (g) shall be paid out of moneys
1696+4 appropriated for that purpose from the Build Illinois Bond
1697+5 Fund. The Illinois Emergency Management Agency shall adopt
1698+6 rules to implement this subsection (g). These rules may
1699+7 specify: (i) the manner of applying for grants; (ii) project
1700+8 eligibility requirements; (iii) restrictions on the use of
1701+9 grant moneys; (iv) the manner in which the various higher
1702+10 education institutions must account for the use of grant
1703+11 moneys; and (v) any other provision that the Illinois
1704+12 Emergency Management Agency determines to be necessary or
1705+13 useful for the administration of this subsection (g).
1706+14 (g-5) The Illinois Emergency Management Agency is
1707+15 authorized to make grants to not-for-profit organizations
1708+16 which are exempt from federal income taxation under section
1709+17 501(c)(3) of the Federal Internal Revenue Code for eligible
1710+18 security improvements that assist the organization in
1711+19 preventing, preparing for, or responding to threats, attacks,
1712+20 or acts of terrorism. To be eligible for a grant under the
1713+21 program, the Agency must determine that the organization is at
1714+22 a high risk of being subject to threats, attacks, or acts of
1715+23 terrorism based on the organization's profile, ideology,
1716+24 mission, or beliefs. Eligible security improvements shall
1717+25 include all eligible preparedness activities under the federal
1718+26 Nonprofit Security Grant Program, including, but not limited
1719+
1720+
1721+
1722+
1723+
1724+ HB4959 Enrolled - 49 - LRB103 36303 SPS 66401 b
1725+
1726+
1727+HB4959 Enrolled- 50 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 50 - LRB103 36303 SPS 66401 b
1728+ HB4959 Enrolled - 50 - LRB103 36303 SPS 66401 b
1729+1 to, physical security upgrades, security training exercises,
1730+2 preparedness training exercises, contracting with security
1731+3 personnel, and any other security upgrades deemed eligible by
1732+4 the Director. Eligible security improvements shall not
1733+5 duplicate, in part or in whole, a project included under any
1734+6 awarded federal grant or in a pending federal application. The
1735+7 Director shall establish procedures and forms by which
1736+8 applicants may apply for a grant and procedures for
1737+9 distributing grants to recipients. Any security improvements
1738+10 awarded shall remain at the physical property listed in the
1739+11 grant application, unless authorized by Agency rule or
1740+12 approved by the Agency in writing. The procedures shall
1741+13 require each applicant to do the following:
1742+14 (1) identify and substantiate prior or current
1743+15 threats, attacks, or acts of terrorism against the
1744+16 not-for-profit organization;
1745+17 (2) indicate the symbolic or strategic value of one or
1746+18 more sites that renders the site a possible target of a
1747+19 threat, attack, or act of terrorism;
1748+20 (3) discuss potential consequences to the organization
1749+21 if the site is damaged, destroyed, or disrupted by a
1750+22 threat, attack, or act of terrorism;
1751+23 (4) describe how the grant will be used to integrate
1752+24 organizational preparedness with broader State and local
1753+25 preparedness efforts, as described by the Agency in each
1754+26 Notice of Opportunity for Funding;
1755+
1756+
1757+
1758+
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1764+ HB4959 Enrolled - 51 - LRB103 36303 SPS 66401 b
1765+1 (5) submit (i) a vulnerability assessment conducted by
1766+2 experienced security, law enforcement, or military
1767+3 personnel, or conducted using an Agency-approved or
1768+4 federal Nonprofit Security Grant Program self-assessment
1769+5 tool, and (ii) a description of how the grant award will be
1770+6 used to address the vulnerabilities identified in the
1771+7 assessment; and
1772+8 (6) submit any other relevant information as may be
1773+9 required by the Director.
1774+10 The Agency is authorized to use funds appropriated for the
1775+11 grant program described in this subsection (g-5) to administer
1776+12 the program. Any Agency Notice of Opportunity for Funding,
1777+13 proposed or final rulemaking, guidance, training opportunity,
1778+14 or other resource related to the grant program must be
1779+15 published on the Agency's publicly available website, and any
1780+16 announcements related to funding shall be shared with all
1781+17 State legislative offices, the Governor's office, emergency
1782+18 services and disaster agencies mandated or required pursuant
1783+19 to subsections (b) through (d) of Section 10, and any other
1784+20 State agencies as determined by the Agency. Subject to
1785+21 appropriation, the grant application period shall be open for
1786+22 no less than 45 calendar days during the first application
1787+23 cycle each fiscal year, unless the Agency determines that a
1788+24 shorter period is necessary to avoid conflicts with the annual
1789+25 federal Nonprofit Security Grant Program funding cycle.
1790+26 Additional application cycles may be conducted during the same
1791+
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1800+ HB4959 Enrolled - 52 - LRB103 36303 SPS 66401 b
1801+1 fiscal year, subject to availability of funds. Upon request,
1802+2 Agency staff shall provide reasonable assistance to any
1803+3 applicant in completing a grant application or meeting a
1804+4 post-award requirement.
1805+5 In addition to any advance payment rules or procedures
1806+6 adopted by the Agency, the Agency shall adopt rules or
1807+7 procedures by which grantees under this subsection (g-5) may
1808+8 receive a working capital advance of initial start-up costs
1809+9 and up to 2 months of program expenses, not to exceed 25% of
1810+10 the total award amount, if, during the application process,
1811+11 the grantee demonstrates a need for funds to commence a
1812+12 project. The remaining funds must be paid through
1813+13 reimbursement after the grantee presents sufficient supporting
1814+14 documentation of expenditures for eligible activities.
1815+15 (h) Except as provided in Section 17.5 of this Act, any
1816+16 moneys received by the Agency from donations or sponsorships
1817+17 unrelated to a disaster shall be deposited in the Emergency
1818+18 Planning and Training Fund and used by the Agency, subject to
1819+19 appropriation, to effectuate planning and training activities.
1820+20 Any moneys received by the Agency from donations during a
1821+21 disaster and intended for disaster response or recovery shall
1822+22 be deposited into the Disaster Response and Recovery Fund and
1823+23 used for disaster response and recovery pursuant to the
1824+24 Disaster Relief Act.
1825+25 (i) The Illinois Emergency Management Agency may by rule
1826+26 assess and collect reasonable fees for attendance at
1827+
1828+
1829+
1830+
1831+
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1836+ HB4959 Enrolled - 53 - LRB103 36303 SPS 66401 b
1837+1 Agency-sponsored conferences to enable the Agency to carry out
1838+2 the requirements of this Act. Any moneys received under this
1839+3 subsection shall be deposited in the Emergency Planning and
1840+4 Training Fund and used by the Agency, subject to
1841+5 appropriation, for planning and training activities.
1842+6 (j) The Illinois Emergency Management Agency is authorized
1843+7 to make grants to other State agencies, public universities,
1844+8 units of local government, and statewide mutual aid
1845+9 organizations to enhance statewide emergency preparedness and
1846+10 response.
1847+11 (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
1848+12 102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff.
1849+13 1-1-24.)
1850+14 Section 3-15. The State Finance Act is amended by changing
1851+15 Section 6z-129 as follows:
1852+16 (30 ILCS 105/6z-129)
1853+17 Sec. 6z-129. Horse Racing Purse Equity Fund. The Horse
1854+18 Racing Purse Equity Fund is a nonappropriated trust fund held
1855+19 outside of the State treasury. Within 30 calendar days after
1856+20 funds are deposited in the Horse Racing Purse Equity Fund and
1857+21 the applicable grant agreement is executed, whichever is
1858+22 later, the Department of Agriculture shall transfer the entire
1859+23 balance in the Fund to the organization licensees that hold
1860+24 purse moneys that support each of the legally recognized
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1867+
1868+
1869+HB4959 Enrolled- 54 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 54 - LRB103 36303 SPS 66401 b
1870+ HB4959 Enrolled - 54 - LRB103 36303 SPS 66401 b
1871+1 horsemen's associations that have contracted with an
1872+2 organization licensee over the immediately preceding 3
1873+3 calendar years under subsection (d) of Section 29 of the
1874+4 Illinois Horse Racing Act of 1975. The 2024 2023 division of
1875+5 such fund balance among the qualifying purse accounts shall be
1876+6 pursuant to the 2021 agreement of the involved horsemen
1877+7 associations with 45% being allocated to the thoroughbred
1878+8 purse account at a racetrack located in Stickney Township in
1879+9 Cook County, 30% being allocated to the harness purse account
1880+10 at a racetrack located in Stickney Township in Cook County,
1881+11 and 25% being allocated to the thoroughbred purse account at a
1882+12 racetrack located in Madison County. Transfers may be made to
1883+13 an organization licensee that has one or more executed grant
1884+14 agreements while the other organization licensee awaits
1885+15 finalization and execution of its grant agreement or
1886+16 agreements. All funds transferred to purse accounts pursuant
1887+17 to this Section shall be for the sole purpose of augmenting
1888+18 future purses during State fiscal year 2025 2024. For purposes
1889+19 of this Section, a legally recognized horsemen association is
1890+20 that horsemen association representing the largest number of
1891+21 owners, trainers, jockeys or Standardbred drivers who race
1892+22 horses at an Illinois organization licensee and that enter
1893+23 into agreements with Illinois organization licenses to govern
1894+24 the racing meet and that also provide required consents
1895+25 pursuant to the Illinois Horse Racing Act of 1975.
1896+26 (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23.)
1897+
1898+
1899+
1900+
1901+
1902+ HB4959 Enrolled - 54 - LRB103 36303 SPS 66401 b
1903+
1904+
1905+HB4959 Enrolled- 55 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 55 - LRB103 36303 SPS 66401 b
1906+ HB4959 Enrolled - 55 - LRB103 36303 SPS 66401 b
1907+1 Section 3-22. The Illinois Pension Code is amended by
1908+2 changing Sections 16-150.1 and 17-149, as follows:
1909+3 (40 ILCS 5/16-150.1)
1910+4 Sec. 16-150.1. Return to teaching in subject shortage
1911+5 area.
1912+6 (a) As used in this Section, "eligible employment" means
1913+7 employment beginning on or after July 1, 2003 and ending no
1914+8 later than June 30, 2027 2024, in a subject shortage area at a
1915+9 qualified school, in a position requiring certification under
1916+10 the law governing the certification of teachers.
1917+11 As used in this Section, "qualified school" means a public
1918+12 elementary or secondary school that meets all of the following
1919+13 requirements:
1920+14 (1) At the time of hiring a retired teacher under this
1921+15 Section, the school is experiencing a shortage of teachers
1922+16 in the subject shortage area for which the teacher is
1923+17 hired.
1924+18 (2) The school district to which the school belongs
1925+19 has complied with the requirements of subsection (e), and
1926+20 the regional superintendent has certified that compliance
1927+21 to the System.
1928+22 (3) If the school district to which the school belongs
1929+23 provides group health benefits for its teachers generally,
1930+24 substantially similar health benefits are made available
1931+
1932+
1933+
1934+
1935+
1936+ HB4959 Enrolled - 55 - LRB103 36303 SPS 66401 b
1937+
1938+
1939+HB4959 Enrolled- 56 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 56 - LRB103 36303 SPS 66401 b
1940+ HB4959 Enrolled - 56 - LRB103 36303 SPS 66401 b
1941+1 for teachers participating in the program under this
1942+2 Section, without any limitations based on pre-existing
1943+3 conditions.
1944+4 (b) An annuitant receiving a retirement annuity under this
1945+5 Article (other than a disability retirement annuity) may
1946+6 engage in eligible employment at a qualified school without
1947+7 impairing his or her retirement status or retirement annuity,
1948+8 subject to the following conditions:
1949+9 (1) the eligible employment does not begin within the
1950+10 school year during which service was terminated;
1951+11 (2) the annuitant has not received any early
1952+12 retirement incentive under Section 16-133.3, 16-133.4, or
1953+13 16-133.5;
1954+14 (3) if the annuitant retired before age 60 and with
1955+15 less than 34 years of service, the eligible employment
1956+16 does not begin within the year following the effective
1957+17 date of the retirement annuity;
1958+18 (4) if the annuitant retired at age 60 or above or with
1959+19 34 or more years of service, the eligible employment does
1960+20 not begin within the 90 days following the effective date
1961+21 of the retirement annuity; and
1962+22 (5) before the eligible employment begins, the
1963+23 employer notifies the System in writing of the annuitant's
1964+24 desire to participate in the program established under
1965+25 this Section.
1966+26 (c) An annuitant engaged in eligible employment in
1967+
1968+
1969+
1970+
1971+
1972+ HB4959 Enrolled - 56 - LRB103 36303 SPS 66401 b
1973+
1974+
1975+HB4959 Enrolled- 57 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 57 - LRB103 36303 SPS 66401 b
1976+ HB4959 Enrolled - 57 - LRB103 36303 SPS 66401 b
1977+1 accordance with subsection (b) shall be deemed a participant
1978+2 in the program established under this Section for so long as he
1979+3 or she remains employed in eligible employment.
1980+4 (d) A participant in the program established under this
1981+5 Section continues to be a retirement annuitant, rather than an
1982+6 active teacher, for all of the purposes of this Code, but shall
1983+7 be deemed an active teacher for other purposes, such as
1984+8 inclusion in a collective bargaining unit, eligibility for
1985+9 group health benefits, and compliance with the laws governing
1986+10 the employment, regulation, certification, treatment, and
1987+11 conduct of teachers.
1988+12 With respect to an annuitant's eligible employment under
1989+13 this Section, neither employee nor employer contributions
1990+14 shall be made to the System and no additional service credit
1991+15 shall be earned. Eligible employment does not affect the
1992+16 annuitant's final average salary or the amount of the
1993+17 retirement annuity.
1994+18 (e) Before hiring a teacher under this Section, the school
1995+19 district to which the school belongs must do the following:
1996+20 (1) If the school district to which the school belongs
1997+21 has honorably dismissed, within the calendar year
1998+22 preceding the beginning of the school term for which it
1999+23 seeks to employ a retired teacher under the program
2000+24 established in this Section, any teachers who are legally
2001+25 qualified to hold positions in the subject shortage area
2002+26 and have not yet begun to receive their retirement
2003+
2004+
2005+
2006+
2007+
2008+ HB4959 Enrolled - 57 - LRB103 36303 SPS 66401 b
2009+
2010+
2011+HB4959 Enrolled- 58 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 58 - LRB103 36303 SPS 66401 b
2012+ HB4959 Enrolled - 58 - LRB103 36303 SPS 66401 b
2013+1 annuities under this Article, the vacant positions must
2014+2 first be tendered to those teachers.
2015+3 (2) For a period of at least 90 days during the 6
2016+4 months preceding the beginning of either the fall or
2017+5 spring term for which it seeks to employ a retired teacher
2018+6 under the program established in this Section, the school
2019+7 district must, on an ongoing basis, (i) advertise its
2020+8 vacancies in the subject shortage area in employment
2021+9 bulletins published by college and university placement
2022+10 offices located near the school; (ii) search for teachers
2023+11 legally qualified to fill those vacancies through the
2024+12 Illinois Education Job Bank; and (iii) post all vacancies
2025+13 on the school district's website and list the vacancy in
2026+14 an online job portal or database.
2027+15 A school district replacing a teacher who is unable to
2028+16 continue employment with the school district because of
2029+17 documented illness, injury, or disability that occurred after
2030+18 being hired by a school district under this Section shall be
2031+19 exempt from the provisions of paragraph (2) for 90 school
2032+20 days. However, the school district must on an ongoing basis
2033+21 comply with items (i), (ii), and (iii) of paragraph (2).
2034+22 The school district must submit documentation of its
2035+23 compliance with this subsection to the regional
2036+24 superintendent. Upon receiving satisfactory documentation from
2037+25 the school district, the regional superintendent shall certify
2038+26 the district's compliance with this subsection to the System.
2039+
2040+
2041+
2042+
2043+
2044+ HB4959 Enrolled - 58 - LRB103 36303 SPS 66401 b
2045+
2046+
2047+HB4959 Enrolled- 59 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 59 - LRB103 36303 SPS 66401 b
2048+ HB4959 Enrolled - 59 - LRB103 36303 SPS 66401 b
2049+1 (f) This Section applies without regard to whether the
2050+2 annuitant was in service on or after the effective date of this
2051+3 amendatory Act of the 93rd General Assembly.
2052+4 (Source: P.A. 101-49, eff. 7-12-19; 102-440, eff. 8-20-21.)
2053+5 (40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)
2054+6 Sec. 17-149. Cancellation of pensions.
2055+7 (a) If any person receiving a disability retirement
2056+8 pension from the Fund is re-employed as a teacher by an
2057+9 Employer, the pension shall be cancelled on the date the
2058+10 re-employment begins, or on the first day of a payroll period
2059+11 for which service credit was validated, whichever is earlier.
2060+12 (b) If any person receiving a service retirement pension
2061+13 from the Fund is re-employed as a teacher on a permanent or
2062+14 annual basis by an Employer, the pension shall be cancelled on
2063+15 the date the re-employment begins, or on the first day of a
2064+16 payroll period for which service credit was validated,
2065+17 whichever is earlier. However, subject to the limitations and
2066+18 requirements of subsection (c-5), (c-6), (c-7), or (c-10), the
2067+19 pension shall not be cancelled in the case of a service
2068+20 retirement pensioner who is re-employed on a temporary and
2069+21 non-annual basis or on an hourly basis.
2070+22 (c) If the date of re-employment on a permanent or annual
2071+23 basis occurs within 5 school months after the date of previous
2072+24 retirement, exclusive of any vacation period, the member shall
2073+25 be deemed to have been out of service only temporarily and not
2074+
2075+
2076+
2077+
2078+
2079+ HB4959 Enrolled - 59 - LRB103 36303 SPS 66401 b
2080+
2081+
2082+HB4959 Enrolled- 60 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 60 - LRB103 36303 SPS 66401 b
2083+ HB4959 Enrolled - 60 - LRB103 36303 SPS 66401 b
2084+1 permanently retired. Such person shall be entitled to pension
2085+2 payments for the time he could have been employed as a teacher
2086+3 and received salary, but shall not be entitled to pension for
2087+4 or during the summer vacation prior to his return to service.
2088+5 When the member again retires on pension, the time of
2089+6 service and the money contributed by him during re-employment
2090+7 shall be added to the time and money previously credited. Such
2091+8 person must acquire 3 consecutive years of additional
2092+9 contributing service before he may retire again on a pension
2093+10 at a rate and under conditions other than those in force or
2094+11 attained at the time of his previous retirement.
2095+12 (c-5) For school years beginning on or after July 1, 2019
2096+13 and before July 1, 2022, the service retirement pension shall
2097+14 not be cancelled in the case of a service retirement pensioner
2098+15 who is re-employed as a teacher on a temporary and non-annual
2099+16 basis or on an hourly basis, so long as the person (1) does not
2100+17 work as a teacher for compensation on more than 120 days in a
2101+18 school year or (2) does not accept gross compensation for the
2102+19 re-employment in a school year in excess of (i) $30,000 or (ii)
2103+20 in the case of a person who retires with at least 5 years of
2104+21 service as a principal, an amount that is equal to the daily
2105+22 rate normally paid to retired principals multiplied by 100.
2106+23 These limitations apply only to school years that begin on or
2107+24 after July 1, 2019 and before July 1, 2022. Such re-employment
2108+25 does not require contributions, result in service credit, or
2109+26 constitute active membership in the Fund.
2110+
2111+
2112+
2113+
2114+
2115+ HB4959 Enrolled - 60 - LRB103 36303 SPS 66401 b
2116+
2117+
2118+HB4959 Enrolled- 61 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 61 - LRB103 36303 SPS 66401 b
2119+ HB4959 Enrolled - 61 - LRB103 36303 SPS 66401 b
2120+1 The service retirement pension shall not be cancelled in
2121+2 the case of a service retirement pensioner who is re-employed
2122+3 as a teacher on a temporary and non-annual basis or on an
2123+4 hourly basis, so long as the person (1) does not work as a
2124+5 teacher for compensation on more than 100 days in a school year
2125+6 or (2) does not accept gross compensation for the
2126+7 re-employment in a school year in excess of (i) $30,000 or (ii)
2127+8 in the case of a person who retires with at least 5 years of
2128+9 service as a principal, an amount that is equal to the daily
2129+10 rate normally paid to retired principals multiplied by 100.
2130+11 These limitations apply only to school years that begin on or
2131+12 after August 8, 2012 (the effective date of Public Act 97-912)
2132+13 and before July 1, 2019. Such re-employment does not require
2133+14 contributions, result in service credit, or constitute active
2134+15 membership in the Fund.
2135+16 Notwithstanding the 120-day limit set forth in item (1) of
2136+17 this subsection (c-5), the service retirement pension shall
2137+18 not be cancelled in the case of a service retirement pensioner
2138+19 who teaches only driver education courses after regular school
2139+20 hours and does not teach any other subject area, so long as the
2140+21 person does not work as a teacher for compensation for more
2141+22 than 900 hours in a school year. The $30,000 limit set forth in
2142+23 subitem (i) of item (2) of this subsection (c-5) shall apply to
2143+24 a service retirement pensioner who teaches only driver
2144+25 education courses after regular school hours and does not
2145+26 teach any other subject area.
2146+
2147+
2148+
2149+
2150+
2151+ HB4959 Enrolled - 61 - LRB103 36303 SPS 66401 b
2152+
2153+
2154+HB4959 Enrolled- 62 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 62 - LRB103 36303 SPS 66401 b
2155+ HB4959 Enrolled - 62 - LRB103 36303 SPS 66401 b
2156+1 To be eligible for such re-employment without cancellation
2157+2 of pension, the pensioner must notify the Fund and the Board of
2158+3 Education of his or her intention to accept re-employment
2159+4 under this subsection (c-5) before beginning that
2160+5 re-employment (or if the re-employment began before August 8,
2161+6 2012 (the effective date of Public Act 97-912), then within 30
2162+7 days after that effective date).
2163+8 An Employer must certify to the Fund the temporary and
2164+9 non-annual or hourly status and the compensation of each
2165+10 pensioner re-employed under this subsection at least
2166+11 quarterly, and when the pensioner is approaching the earnings
2167+12 limitation under this subsection.
2168+13 If the pensioner works more than 100 days or accepts
2169+14 excess gross compensation for such re-employment in any school
2170+15 year that begins on or after August 8, 2012 (the effective date
2171+16 of Public Act 97-912), the service retirement pension shall
2172+17 thereupon be cancelled.
2173+18 If the pensioner who only teaches drivers education
2174+19 courses after regular school hours works more than 900 hours
2175+20 or accepts excess gross compensation for such re-employment in
2176+21 any school year that begins on or after August 12, 2016 (the
2177+22 effective date of Public Act 99-786), the service retirement
2178+23 pension shall thereupon be cancelled.
2179+24 If the pensioner works more than 120 days or accepts
2180+25 excess gross compensation for such re-employment in any school
2181+26 year that begins on or after July 1, 2019, the service
2182+
2183+
2184+
2185+
2186+
2187+ HB4959 Enrolled - 62 - LRB103 36303 SPS 66401 b
2188+
2189+
2190+HB4959 Enrolled- 63 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 63 - LRB103 36303 SPS 66401 b
2191+ HB4959 Enrolled - 63 - LRB103 36303 SPS 66401 b
2192+1 retirement pension shall thereupon be cancelled.
2193+2 The Board of the Fund shall adopt rules for the
2194+3 implementation and administration of this subsection.
2195+4 (c-6) For school years beginning on or after July 1, 2022
2196+5 and before July 1, 2027 2024, the service retirement pension
2197+6 shall not be cancelled in the case of a service retirement
2198+7 pensioner who is re-employed as a teacher or an administrator
2199+8 on a temporary and non-annual basis or on an hourly basis, so
2200+9 long as the person does not work as a teacher or an
2201+10 administrator for compensation on more than 140 days in a
2202+11 school year. Such re-employment does not require
2203+12 contributions, result in service credit, or constitute active
2204+13 membership in the Fund.
2205+14 (c-7) For school years beginning on or after July 1, 2027
2206+15 2024, the service retirement pension shall not be cancelled in
2207+16 the case of a service retirement pensioner who is re-employed
2208+17 as a teacher or an administrator on a temporary and non-annual
2209+18 basis or on an hourly basis, so long as the person does not
2210+19 work as a teacher or an administrator for compensation on more
2211+20 than 120 days in a school year. Such re-employment does not
2212+21 require contributions, result in service credit, or constitute
2213+22 active membership in the Fund.
2214+23 (c-10) Until June 30, 2027 2024, the service retirement
2215+24 pension of a service retirement pensioner shall not be
2216+25 cancelled if the service retirement pensioner is employed in a
2217+26 subject shortage area and the Employer that is employing the
2218+
2219+
2220+
2221+
2222+
2223+ HB4959 Enrolled - 63 - LRB103 36303 SPS 66401 b
2224+
2225+
2226+HB4959 Enrolled- 64 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 64 - LRB103 36303 SPS 66401 b
2227+ HB4959 Enrolled - 64 - LRB103 36303 SPS 66401 b
2228+1 service retirement pensioner meets the following requirements:
2229+2 (1) If the Employer has honorably dismissed, within
2230+3 the calendar year preceding the beginning of the school
2231+4 term for which it seeks to employ a service retirement
2232+5 pensioner under this subsection, any teachers who are
2233+6 legally qualified to hold positions in the subject
2234+7 shortage area and have not yet begun to receive their
2235+8 service retirement pensions under this Article, the vacant
2236+9 positions must first be tendered to those teachers.
2237+10 (2) For a period of at least 90 days during the 6
2238+11 months preceding the beginning of either the fall or
2239+12 spring term for which it seeks to employ a service
2240+13 retirement pensioner under this subsection, the Employer
2241+14 must, on an ongoing basis, (i) advertise its vacancies in
2242+15 the subject shortage area in employment bulletins
2243+16 published by college and university placement offices
2244+17 located near the school; (ii) search for teachers legally
2245+18 qualified to fill those vacancies through the Illinois
2246+19 Education Job Bank; and (iii) post all vacancies on the
2247+20 Employer's website and list the vacancy in an online job
2248+21 portal or database.
2249+22 An Employer of a teacher who is unable to continue
2250+23 employment with the Employer because of documented illness,
2251+24 injury, or disability that occurred after being hired by the
2252+25 Employer under this subsection is exempt from the provisions
2253+26 of paragraph (2) for 90 school days. However, the Employer
2254+
2255+
2256+
2257+
2258+
2259+ HB4959 Enrolled - 64 - LRB103 36303 SPS 66401 b
2260+
2261+
2262+HB4959 Enrolled- 65 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 65 - LRB103 36303 SPS 66401 b
2263+ HB4959 Enrolled - 65 - LRB103 36303 SPS 66401 b
2264+1 must on an ongoing basis comply with items (i), (ii), and (iii)
2265+2 of paragraph (2).
2266+3 The Employer must submit documentation of its compliance
2267+4 with this subsection to the regional superintendent. Upon
2268+5 receiving satisfactory documentation from the Employer, the
2269+6 regional superintendent shall certify the Employer's
2270+7 compliance with this subsection to the Fund.
2271+8 (d) Notwithstanding Sections 1-103.1 and 17-157, the
2272+9 changes to this Section made by Public Act 90-32 apply without
2273+10 regard to whether termination of service occurred before the
2274+11 effective date of that Act and apply retroactively to August
2275+12 23, 1989.
2276+13 Notwithstanding Sections 1-103.1 and 17-157, the changes
2277+14 to this Section and Section 17-106 made by Public Act 92-599
2278+15 apply without regard to whether termination of service
2279+16 occurred before June 28, 2002 (the effective date of Public
2280+17 Act 92-599).
2281+18 Notwithstanding Sections 1-103.1 and 17-157, the changes
2282+19 to this Section made by Public Act 97-912 apply without regard
2283+20 to whether termination of service occurred before August 8,
2284+21 2012 (the effective date of Public Act 97-912).
2285+22 (Source: P.A. 102-1013, eff. 5-27-22; 102-1090, eff. 6-10-22;
2286+23 103-154, eff. 6-30-23.)
2287+24 Section 3-25. The Law Enforcement Camera Grant Act is
2288+25 amended by changing Section 10 as follows:
2289+
2290+
2291+
2292+
2293+
2294+ HB4959 Enrolled - 65 - LRB103 36303 SPS 66401 b
2295+
2296+
2297+HB4959 Enrolled- 66 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 66 - LRB103 36303 SPS 66401 b
2298+ HB4959 Enrolled - 66 - LRB103 36303 SPS 66401 b
2299+1 (50 ILCS 707/10)
2300+2 Sec. 10. Law Enforcement Camera Grant Fund; creation,
2301+3 rules.
2302+4 (a) The Law Enforcement Camera Grant Fund is created as a
2303+5 special fund in the State treasury. From appropriations to the
2304+6 Board from the Fund, the Board must make grants to units of
2305+7 local government in Illinois and Illinois public universities
2306+8 for the purpose of (1) purchasing or leasing in-car video
2307+9 cameras for use in law enforcement vehicles, (2) purchasing or
2308+10 leasing officer-worn body cameras and associated technology
2309+11 for law enforcement officers, and (3) training for law
2310+12 enforcement officers in the operation of the cameras. Grants
2311+13 under this Section may be used to offset data storage and
2312+14 related licensing costs for officer-worn body cameras. For the
2313+15 purposes of this Section, "purchasing or leasing" includes
2314+16 providing funding to units of local government in advance that
2315+17 can be used to obtain this equipment rather than only for
2316+18 reimbursement of purchased equipment.
2317+19 Moneys received for the purposes of this Section,
2318+20 including, without limitation, fee receipts and gifts, grants,
2319+21 and awards from any public or private entity, must be
2320+22 deposited into the Fund. Any interest earned on moneys in the
2321+23 Fund must be deposited into the Fund.
2322+24 (b) The Board may set requirements for the distribution of
2323+25 grant moneys and determine which law enforcement agencies are
2324+
2325+
2326+
2327+
2328+
2329+ HB4959 Enrolled - 66 - LRB103 36303 SPS 66401 b
2330+
2331+
2332+HB4959 Enrolled- 67 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 67 - LRB103 36303 SPS 66401 b
2333+ HB4959 Enrolled - 67 - LRB103 36303 SPS 66401 b
2334+1 eligible.
2335+2 (b-5) The Board shall consider compliance with the Uniform
2336+3 Crime Reporting Act as a factor in awarding grant moneys.
2337+4 (c) (Blank).
2338+5 (d) (Blank).
2339+6 (e) (Blank).
2340+7 (f) (Blank).
2341+8 (g) (Blank).
2342+9 (h) (Blank).
2343+10 (Source: P.A. 102-16, eff. 6-17-21; 102-1104, eff. 12-6-22.)
2344+11 Section 3-27. The Illinois Library System Act is amended
2345+12 by changing Section 8 as follows:
2346+13 (75 ILCS 10/8) (from Ch. 81, par. 118)
2347+14 Sec. 8. State grants.
2348+15 (a) There shall be a program of State grants within the
2349+16 limitations of funds appropriated by the Illinois General
2350+17 Assembly together with other funds made available by the
2351+18 federal government or other sources for this purpose. This
2352+19 program of State grants shall be administered by the State
2353+20 Librarian in accordance with rules and regulations as provided
2354+21 in Section 3 of this Act and shall include the following: (i)
2355+22 annual equalization grants; (ii) Library System grants; (iii)
2356+23 per capita grants to public libraries; and (iv) planning and
2357+24 construction grants to public libraries and library systems.
2358+
2359+
2360+
2361+
2362+
2363+ HB4959 Enrolled - 67 - LRB103 36303 SPS 66401 b
2364+
2365+
2366+HB4959 Enrolled- 68 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 68 - LRB103 36303 SPS 66401 b
2367+ HB4959 Enrolled - 68 - LRB103 36303 SPS 66401 b
2368+1 Libraries, in order to be eligible for grants under this
2369+2 Section, must be members of a library system.
2370+3 (b) An annual equalization grant shall be made to all
2371+4 public libraries for which the corporate authorities levy a
2372+5 tax for library purposes at a rate not less than .13% of the
2373+6 value of all the taxable property as equalized and assessed by
2374+7 the Department of Revenue if the amount of tax revenue
2375+8 obtained from a rate of .13% produces less than $17.50 per
2376+9 capita in property tax revenue from property taxes for Fiscal
2377+10 Year 2025 (i) $4.25 per capita in property tax revenue from
2378+11 property taxes for the 2006 taxable year payable in 2007 and
2379+12 (ii) $7.50 per capita in property tax revenue from property
2380+13 taxes for the 2007 taxable year and thereafter. In that case,
2381+14 the State Librarian is authorized to make an equalization
2382+15 grant equivalent to the difference between the amount obtained
2383+16 from a rate of .13% and an annual income of $17.50 per capita
2384+17 for grants made in Fiscal Year 2025 $4.25 per capita for grants
2385+18 made through Fiscal Year 2008, and an annual income of $7.50
2386+19 per capita for grants made in Fiscal Year 2009 and thereafter.
2387+20 If moneys appropriated for grants under this Section are not
2388+21 sufficient, then the State Librarian shall reduce the per
2389+22 capita amount of the grants so that the qualifying public
2390+23 libraries receive the same amount per capita, but in no event
2391+24 shall the grant be less than equivalent to the difference
2392+25 between the amount of the tax revenue obtained from the
2393+26 current levy and an annual income of $4.25 per capita. If a
2394+
2395+
2396+
2397+
2398+
2399+ HB4959 Enrolled - 68 - LRB103 36303 SPS 66401 b
2400+
2401+
2402+HB4959 Enrolled- 69 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 69 - LRB103 36303 SPS 66401 b
2403+ HB4959 Enrolled - 69 - LRB103 36303 SPS 66401 b
2404+1 library receiving an equalization grant reduces its tax levy
2405+2 below the amount levied at the time the original application
2406+3 is approved, it shall be ineligible to receive further
2407+4 equalization grants.
2408+5 If a library is subject to the Property Tax Extension
2409+6 Limitation Law in the Property Tax Code and its tax levy for
2410+7 library purposes has been lowered to a rate of less than .13%,
2411+8 the library will qualify for this grant if the library levied a
2412+9 tax for library purposes that met the requirements for this
2413+10 grant in the previous year and if the tax levied for library
2414+11 purposes in the current year produces tax revenue for the
2415+12 library that is an increase over the previous year's extension
2416+13 of 5% or the percentage increase in the Consumer Price Index,
2417+14 whichever is less, and the tax revenue produced by this levy is
2418+15 less than $17.50 per capita in property tax revenue from
2419+16 property taxes for the Fiscal Year 2025 (i) $4.25 per capita in
2420+17 property tax revenue from property taxes for the 2006 taxable
2421+18 year payable in 2007 and (ii) $7.50 per capita in property tax
2422+19 revenue from property taxes for the 2007 taxable year and
2423+20 thereafter. In this case, the State Librarian is authorized to
2424+21 make an equalization grant equivalent to the difference
2425+22 between the amount of tax revenue obtained from the current
2426+23 levy and an annual income of $17.50 per capita for grants made
2427+24 in Fiscal Year 2025 $4.25 per capita for grants made through
2428+25 Fiscal Year 2008, and an annual income of $7.50 per capita for
2429+26 grants made in Fiscal Year 2009 and thereafter. If moneys
2430+
2431+
2432+
2433+
2434+
2435+ HB4959 Enrolled - 69 - LRB103 36303 SPS 66401 b
2436+
2437+
2438+HB4959 Enrolled- 70 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 70 - LRB103 36303 SPS 66401 b
2439+ HB4959 Enrolled - 70 - LRB103 36303 SPS 66401 b
2440+1 appropriated for grants under this Section are not sufficient,
2441+2 then the State Librarian shall reduce the per capita amount of
2442+3 the grants so that the qualifying public libraries receive the
2443+4 same amount per capita, but in no event shall the grant be less
2444+5 than equivalent to the difference between the amount of the
2445+6 tax revenue obtained from the current levy and an annual
2446+7 income of $4.25 per capita. If a library receiving an
2447+8 equalization grant reduces its tax levy below the amount
2448+9 levied at the time the original application is approved, it
2449+10 shall be ineligible to receive further equalization grants.
2450+11 (c) Annual Library System grants shall be made, upon
2451+12 application, to each library system approved by the State
2452+13 Librarian on the following basis:
2453+14 (1) For library systems, the sum of $1.46 per capita
2454+15 of the population of the area served plus the sum of $50.75
2455+16 per square mile or fraction thereof of the area served
2456+17 except as provided in paragraph (4) of this subsection.
2457+18 (2) If the amounts appropriated for grants are
2458+19 different from the amount provided for in paragraph (1) of
2459+20 this subsection, the area and per capita funding shall be
2460+21 proportionately reduced or increased accordingly.
2461+22 (3) For library systems, additional funds may be
2462+23 appropriated. The appropriation shall be distributed on
2463+24 the same proportional per capita and per square mile basis
2464+25 as provided in paragraphs (1) and (4) of this subsection.
2465+26 (4) Per capita and area funding for a multitype
2466+
2467+
2468+
2469+
2470+
2471+ HB4959 Enrolled - 70 - LRB103 36303 SPS 66401 b
2472+
2473+
2474+HB4959 Enrolled- 71 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 71 - LRB103 36303 SPS 66401 b
2475+ HB4959 Enrolled - 71 - LRB103 36303 SPS 66401 b
2476+1 library system as defined in subparagraph (3) of the
2477+2 definition of "library system" in Section 2 and a public
2478+3 library system in cities with a population of 500,000 or
2479+4 more as defined in subparagraph (2) of the definition of
2480+5 "library system" in Section 2 shall be apportioned with
2481+6 25% of the funding granted to the multitype library system
2482+7 and 75% of the funding granted to the public library
2483+8 system.
2484+9 (d) The "area served" for the purposes of making and
2485+10 expending annual Library System grants means the area that
2486+11 lies within the geographic boundaries of the library system as
2487+12 approved by the State Librarian, except that grant funding
2488+13 awarded to a library system may also be expended for the
2489+14 provision of services to members of other library systems if
2490+15 such an expenditure is included in a library system's plan of
2491+16 service and is approved by the State Librarian. In determining
2492+17 the population of the area served by the library system, the
2493+18 Illinois State Library shall use the latest federal census for
2494+19 the political subdivisions in the area served.
2495+20 (e) In order to be eligible for a grant under this Section,
2496+21 the corporate authorities, instead of a tax levy at a
2497+22 particular rate, may provide an amount equivalent to the
2498+23 amount produced by that levy.
2499+24 (Source: P.A. 99-186, eff. 7-29-15.)
2500+25 Section 3-30. The School Code is amended by changing
2501+
2502+
2503+
2504+
2505+
2506+ HB4959 Enrolled - 71 - LRB103 36303 SPS 66401 b
2507+
2508+
2509+HB4959 Enrolled- 72 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 72 - LRB103 36303 SPS 66401 b
2510+ HB4959 Enrolled - 72 - LRB103 36303 SPS 66401 b
2511+1 Section 29-5 as follows:
2512+2 (105 ILCS 5/29-5) (from Ch. 122, par. 29-5)
2513+3 Sec. 29-5. Reimbursement by State for transportation. Any
2514+4 school district or State-authorized charter school,
2515+5 maintaining a school, transporting resident pupils to another
2516+6 school district's vocational program, offered through a joint
2517+7 agreement approved by the State Board of Education, as
2518+8 provided in Section 10-22.22 or transporting its resident
2519+9 pupils to a school which meets the standards for recognition
2520+10 as established by the State Board of Education which provides
2521+11 transportation meeting the standards of safety, comfort,
2522+12 convenience, efficiency and operation prescribed by the State
2523+13 Board of Education for resident pupils in kindergarten or any
2524+14 of grades 1 through 12 who: (a) reside at least 1 1/2 miles as
2525+15 measured by the customary route of travel, from the school
2526+16 attended; or (b) reside in areas where conditions are such
2527+17 that walking constitutes a hazard to the safety of the child
2528+18 when determined under Section 29-3; and (c) are transported to
2529+19 the school attended from pick-up points at the beginning of
2530+20 the school day and back again at the close of the school day or
2531+21 transported to and from their assigned attendance centers
2532+22 during the school day, shall be reimbursed by the State as
2533+23 hereinafter provided in this Section.
2534+24 The State will pay the prorated allowable cost of
2535+25 transporting eligible pupils less the real equalized assessed
2536+
2537+
2538+
2539+
2540+
2541+ HB4959 Enrolled - 72 - LRB103 36303 SPS 66401 b
2542+
2543+
2544+HB4959 Enrolled- 73 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 73 - LRB103 36303 SPS 66401 b
2545+ HB4959 Enrolled - 73 - LRB103 36303 SPS 66401 b
2546+1 valuation as computed under paragraph (3) of subsection (d) of
2547+2 Section 18-8.15 in a dual school district maintaining
2548+3 secondary grades 9 to 12 inclusive times a qualifying rate of
2549+4 .05%; in elementary school districts maintaining grades K to 8
2550+5 times a qualifying rate of .06%; and in unit districts
2551+6 maintaining grades K to 12, including partial elementary unit
2552+7 districts formed pursuant to Article 11E, times a qualifying
2553+8 rate of .07%. For a State-authorized charter school, the State
2554+9 shall pay the prorated allowable cost of transporting eligible
2555+10 pupils less a real equalized assessed valuation calculated
2556+11 pursuant to this Section times a qualifying rate. For purposes
2557+12 of calculating the real equalized assessed valuation for a
2558+13 State-authorized charter school whose resident district is not
2559+14 a school district organized under Article 34 of this Code, the
2560+15 State Board of Education shall calculate the average of the
2561+16 number of students in grades kindergarten through 12 reported
2562+17 as enrolled in the charter school in the State Board's Student
2563+18 Information System on October 1 and March 1 of the immediately
2564+19 preceding school year. That value shall be divided by the
2565+20 average of the number of students in grades kindergarten
2566+21 through 12 reported as enrolled in the charter school's
2567+22 resident district on October 1 and March 1 of the immediately
2568+23 preceding school year. That proportion shall be multiplied by
2569+24 the real equalized assessed valuation as computed under
2570+25 paragraph (3) of subsection (d) of Section 18-8.15 for each
2571+26 State-authorized charter school's applicable resident
2572+
2573+
2574+
2575+
2576+
2577+ HB4959 Enrolled - 73 - LRB103 36303 SPS 66401 b
2578+
2579+
2580+HB4959 Enrolled- 74 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 74 - LRB103 36303 SPS 66401 b
2581+ HB4959 Enrolled - 74 - LRB103 36303 SPS 66401 b
2582+1 district. A State-authorized charter school whose resident
2583+2 district is organized under Article 34 of this Code shall have
2584+3 a real equalized assessed valuation equal to the real
2585+4 equalized assessed valuation of its resident district as
2586+5 computed under paragraph (3) of subsection (d) of Section
2587+6 18-8.15. A State-authorized charter school's qualifying rate
2588+7 shall be the same as the rate that applies to the charter
2589+8 school's resident district.
2590+9 To be eligible to receive reimbursement in excess of 4/5
2591+10 of the cost to transport eligible pupils, a school district or
2592+11 partial elementary unit district formed pursuant to Article
2593+12 11E shall have a Transportation Fund tax rate of at least .12%.
2594+13 The Transportation Fund tax rate for a partial elementary unit
2595+14 district formed pursuant Article 11E shall be the combined
2596+15 elementary and high school rates pursuant to paragraph (4) of
2597+16 subsection (a) of Section 18-8.15.
2598+17 If a school district or partial elementary unit district
2599+18 formed pursuant to Article 11E does not have a .12%
2600+19 Transportation Fund tax rate, the amount of its claim in
2601+20 excess of 4/5 of the cost of transporting pupils shall be
2602+21 reduced by the sum arrived at by subtracting the
2603+22 Transportation Fund tax rate from .12% and multiplying that
2604+23 amount by the district's real equalized assessed valuation as
2605+24 computed under paragraph (3) of subsection (d) of Section
2606+25 18-8.15, provided that in no case shall said reduction result
2607+26 in reimbursement of less than 4/5 of the cost to transport
2608+
2609+
2610+
2611+
2612+
2613+ HB4959 Enrolled - 74 - LRB103 36303 SPS 66401 b
2614+
2615+
2616+HB4959 Enrolled- 75 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 75 - LRB103 36303 SPS 66401 b
2617+ HB4959 Enrolled - 75 - LRB103 36303 SPS 66401 b
2618+1 eligible pupils. No such adjustment may be applied to a claim
2619+2 filed by a State-authorized charter school.
2620+3 Subject to the calculation of equalized assessed
2621+4 valuation, an adjustment for an insufficient tax rate, and the
2622+5 use of a qualifying rate as provided in this Section, a
2623+6 State-authorized charter school may make a claim for
2624+7 reimbursement by the State that is calculated in the same
2625+8 manner as a school district.
2626+9 The minimum amount to be received by a district is $16
2627+10 times the number of eligible pupils transported.
2628+11 When calculating the reimbursement for transportation
2629+12 costs, the State Board of Education may not deduct the number
2630+13 of pupils enrolled in early education programs from the number
2631+14 of pupils eligible for reimbursement if the pupils enrolled in
2632+15 the early education programs are transported at the same time
2633+16 as other eligible pupils.
2634+17 Any such district transporting resident pupils during the
2635+18 school day to an area vocational school or another school
2636+19 district's vocational program more than 1 1/2 miles from the
2637+20 school attended, as provided in Sections 10-22.20a and
2638+21 10-22.22, shall be reimbursed by the State for 4/5 of the cost
2639+22 of transporting eligible pupils.
2640+23 School day means that period of time during which the
2641+24 pupil is required to be in attendance for instructional
2642+25 purposes.
2643+26 If a pupil is at a location within the school district
2644+
2645+
2646+
2647+
2648+
2649+ HB4959 Enrolled - 75 - LRB103 36303 SPS 66401 b
2650+
2651+
2652+HB4959 Enrolled- 76 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 76 - LRB103 36303 SPS 66401 b
2653+ HB4959 Enrolled - 76 - LRB103 36303 SPS 66401 b
2654+1 other than his residence for child care purposes at the time
2655+2 for transportation to school, that location may be considered
2656+3 for purposes of determining the 1 1/2 miles from the school
2657+4 attended.
2658+5 Claims for reimbursement that include children who attend
2659+6 any school other than a public school shall show the number of
2660+7 such children transported.
2661+8 Claims for reimbursement under this Section shall not be
2662+9 paid for the transportation of pupils for whom transportation
2663+10 costs are claimed for payment under other Sections of this
2664+11 Act.
2665+12 The allowable direct cost of transporting pupils for
2666+13 regular, vocational, and special education pupil
2667+14 transportation shall be limited to the sum of the cost of
2668+15 physical examinations required for employment as a school bus
2669+16 driver; the salaries of full-time or part-time drivers and
2670+17 school bus maintenance personnel; employee benefits excluding
2671+18 Illinois municipal retirement payments, social security
2672+19 payments, unemployment insurance payments and workers'
2673+20 compensation insurance premiums; expenditures to independent
2674+21 carriers who operate school buses; payments to other school
2675+22 districts for pupil transportation services; pre-approved
2676+23 contractual expenditures for computerized bus scheduling;
2677+24 expenditures for housing assistance and homeless prevention
2678+25 under Sections 1-17 and 1-18 of the Education for Homeless
2679+26 Children Act that are not in excess of the school district's
2680+
2681+
2682+
2683+
2684+
2685+ HB4959 Enrolled - 76 - LRB103 36303 SPS 66401 b
2686+
2687+
2688+HB4959 Enrolled- 77 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 77 - LRB103 36303 SPS 66401 b
2689+ HB4959 Enrolled - 77 - LRB103 36303 SPS 66401 b
2690+1 actual costs for providing transportation services and are not
2691+2 otherwise claimed in another State or federal grant that
2692+3 permits those costs to a parent, a legal guardian, any other
2693+4 person who enrolled a pupil, or a homeless assistance agency
2694+5 that is part of the federal McKinney-Vento Homeless Assistance
2695+6 Act's continuum of care for the area in which the district is
2696+7 located; the cost of gasoline, oil, tires, and other supplies
2697+8 necessary for the operation of school buses; the cost of
2698+9 converting buses' gasoline engines to more fuel efficient
2699+10 engines or to engines which use alternative energy sources;
2700+11 the cost of travel to meetings and workshops conducted by the
2701+12 regional superintendent or the State Superintendent of
2702+13 Education pursuant to the standards established by the
2703+14 Secretary of State under Section 6-106 of the Illinois Vehicle
2704+15 Code to improve the driving skills of school bus drivers; the
2705+16 cost of maintenance of school buses including parts and
2706+17 materials used; expenditures for leasing transportation
2707+18 vehicles, except interest and service charges; the cost of
2708+19 insurance and licenses for transportation vehicles;
2709+20 expenditures for the rental of transportation equipment; plus
2710+21 a depreciation allowance of 20% for 5 years for school buses
2711+22 and vehicles approved for transporting pupils to and from
2712+23 school and a depreciation allowance of 10% for 10 years for
2713+24 other transportation equipment so used. Each school year, if a
2714+25 school district has made expenditures to the Regional
2715+26 Transportation Authority or any of its service boards, a mass
2716+
2717+
2718+
2719+
2720+
2721+ HB4959 Enrolled - 77 - LRB103 36303 SPS 66401 b
2722+
2723+
2724+HB4959 Enrolled- 78 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 78 - LRB103 36303 SPS 66401 b
2725+ HB4959 Enrolled - 78 - LRB103 36303 SPS 66401 b
2726+1 transit district, or an urban transportation district under an
2727+2 intergovernmental agreement with the district to provide for
2728+3 the transportation of pupils and if the public transit carrier
2729+4 received direct payment for services or passes from a school
2730+5 district within its service area during the 2000-2001 school
2731+6 year, then the allowable direct cost of transporting pupils
2732+7 for regular, vocational, and special education pupil
2733+8 transportation shall also include the expenditures that the
2734+9 district has made to the public transit carrier. In addition
2735+10 to the above allowable costs, school districts shall also
2736+11 claim all transportation supervisory salary costs, including
2737+12 Illinois municipal retirement payments, and all transportation
2738+13 related building and building maintenance costs without
2739+14 limitation.
2740+15 Special education allowable costs shall also include
2741+16 expenditures for the salaries of attendants or aides for that
2742+17 portion of the time they assist special education pupils while
2743+18 in transit and expenditures for parents and public carriers
2744+19 for transporting special education pupils when pre-approved by
2745+20 the State Superintendent of Education.
2746+21 Indirect costs shall be included in the reimbursement
2747+22 claim for districts which own and operate their own school
2748+23 buses. Such indirect costs shall include administrative costs,
2749+24 or any costs attributable to transporting pupils from their
2750+25 attendance centers to another school building for
2751+26 instructional purposes. No school district which owns and
2752+
2753+
2754+
2755+
2756+
2757+ HB4959 Enrolled - 78 - LRB103 36303 SPS 66401 b
2758+
2759+
2760+HB4959 Enrolled- 79 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 79 - LRB103 36303 SPS 66401 b
2761+ HB4959 Enrolled - 79 - LRB103 36303 SPS 66401 b
2762+1 operates its own school buses may claim reimbursement for
2763+2 indirect costs which exceed 5% of the total allowable direct
2764+3 costs for pupil transportation.
2765+4 The State Board of Education shall prescribe uniform
2766+5 regulations for determining the above standards and shall
2767+6 prescribe forms of cost accounting and standards of
2768+7 determining reasonable depreciation. Such depreciation shall
2769+8 include the cost of equipping school buses with the safety
2770+9 features required by law or by the rules, regulations and
2771+10 standards promulgated by the State Board of Education, and the
2772+11 Department of Transportation for the safety and construction
2773+12 of school buses provided, however, any equipment cost
2774+13 reimbursed by the Department of Transportation for equipping
2775+14 school buses with such safety equipment shall be deducted from
2776+15 the allowable cost in the computation of reimbursement under
2777+16 this Section in the same percentage as the cost of the
2778+17 equipment is depreciated.
2779+18 On or before August 15, annually, the chief school
2780+19 administrator for the district shall certify to the State
2781+20 Superintendent of Education the district's claim for
2782+21 reimbursement for the school year ending on June 30 next
2783+22 preceding. The State Superintendent of Education shall check
2784+23 and approve the claims and prepare the vouchers showing the
2785+24 amounts due for district reimbursement claims. Each fiscal
2786+25 year, the State Superintendent of Education shall prepare and
2787+26 transmit the first 3 vouchers to the Comptroller on the 30th
2788+
2789+
2790+
2791+
2792+
2793+ HB4959 Enrolled - 79 - LRB103 36303 SPS 66401 b
2794+
2795+
2796+HB4959 Enrolled- 80 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 80 - LRB103 36303 SPS 66401 b
2797+ HB4959 Enrolled - 80 - LRB103 36303 SPS 66401 b
2798+1 day of September, December and March, respectively, and the
2799+2 final voucher, no later than June 20.
2800+3 If the amount appropriated for transportation
2801+4 reimbursement is insufficient to fund total claims for any
2802+5 fiscal year, the State Board of Education shall reduce each
2803+6 school district's allowable costs and flat grant amount
2804+7 proportionately to make total adjusted claims equal the total
2805+8 amount appropriated.
2806+9 For purposes of calculating claims for reimbursement under
2807+10 this Section for any school year beginning July 1, 2016, the
2808+11 equalized assessed valuation for a school district or partial
2809+12 elementary unit district formed pursuant to Article 11E used
2810+13 to compute reimbursement shall be the real equalized assessed
2811+14 valuation as computed under paragraph (3) of subsection (d) of
2812+15 Section 18-8.15.
2813+16 All reimbursements received from the State shall be
2814+17 deposited into the district's transportation fund or into the
2815+18 fund from which the allowable expenditures were made.
2816+19 Notwithstanding any other provision of law, any school
2817+20 district receiving a payment under this Section or under
2818+21 Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may
2819+22 classify all or a portion of the funds that it receives in a
2820+23 particular fiscal year or from State aid pursuant to Section
2821+24 18-8.15 of this Code as funds received in connection with any
2822+25 funding program for which it is entitled to receive funds from
2823+26 the State in that fiscal year (including, without limitation,
2824+
2825+
2826+
2827+
2828+
2829+ HB4959 Enrolled - 80 - LRB103 36303 SPS 66401 b
2830+
2831+
2832+HB4959 Enrolled- 81 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 81 - LRB103 36303 SPS 66401 b
2833+ HB4959 Enrolled - 81 - LRB103 36303 SPS 66401 b
2834+1 any funding program referenced in this Section), regardless of
2835+2 the source or timing of the receipt. The district may not
2836+3 classify more funds as funds received in connection with the
2837+4 funding program than the district is entitled to receive in
2838+5 that fiscal year for that program. Any classification by a
2839+6 district must be made by a resolution of its board of
2840+7 education. The resolution must identify the amount of any
2841+8 payments or general State aid to be classified under this
2842+9 paragraph and must specify the funding program to which the
2843+10 funds are to be treated as received in connection therewith.
2844+11 This resolution is controlling as to the classification of
2845+12 funds referenced therein. A certified copy of the resolution
2846+13 must be sent to the State Superintendent of Education. The
2847+14 resolution shall still take effect even though a copy of the
2848+15 resolution has not been sent to the State Superintendent of
2849+16 Education in a timely manner. No classification under this
2850+17 paragraph by a district shall affect the total amount or
2851+18 timing of money the district is entitled to receive under this
2852+19 Code. No classification under this paragraph by a district
2853+20 shall in any way relieve the district from or affect any
2854+21 requirements that otherwise would apply with respect to that
2855+22 funding program, including any accounting of funds by source,
2856+23 reporting expenditures by original source and purpose,
2857+24 reporting requirements, or requirements of providing services.
2858+25 Any school district with a population of not more than
2859+26 500,000 must deposit all funds received under this Article
2860+
2861+
2862+
2863+
2864+
2865+ HB4959 Enrolled - 81 - LRB103 36303 SPS 66401 b
2866+
2867+
2868+HB4959 Enrolled- 82 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 82 - LRB103 36303 SPS 66401 b
2869+ HB4959 Enrolled - 82 - LRB103 36303 SPS 66401 b
2870+1 into the transportation fund and use those funds for the
2871+2 provision of transportation services.
2872+3 (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
2873+4 Section 3-35. The Early Childhood Access Consortium for
2874+5 Equity Act is amended by changing Sections 15, 20, 25, and 30
2875+6 as follows:
2876+7 (110 ILCS 28/15)
2877+8 Sec. 15. Creation of Consortium; purpose; administrative
2878+9 support.
2879+10 (a) The Board of Higher Education and the Illinois
2880+11 Community College Board shall create and establish the Early
2881+12 Childhood Access Consortium for Equity.
2882+13 (b) The purpose of the Consortium is to serve the needs of
2883+14 the incumbent early childhood workforce and the employers of
2884+15 early childhood educators and to advance racial equity while
2885+16 meeting the needs of employers by streamlining, coordinating,
2886+17 and improving the accessibility of degree completion pathways
2887+18 for upskilling and the sustained expansion of educational
2888+19 pipelines at Illinois institutions of higher education.
2889+20 (c) The Board of Higher Education and the Illinois
2890+21 Community College Board shall convene the member institutions
2891+22 by July 1, 2021 or within 60 days after the effective date of
2892+23 this amendatory Act of the 102nd General Assembly. The Board
2893+24 of Higher Education and the Illinois Community College Board
2894+
2895+
2896+
2897+
2898+
2899+ HB4959 Enrolled - 82 - LRB103 36303 SPS 66401 b
2900+
2901+
2902+HB4959 Enrolled- 83 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 83 - LRB103 36303 SPS 66401 b
2903+ HB4959 Enrolled - 83 - LRB103 36303 SPS 66401 b
2904+1 shall provide administrative support for the start up and
2905+2 operation of the Consortium until a permanent governance
2906+3 structure is developed and implemented. The Board of Higher
2907+4 Education and the Illinois Community College Board shall work
2908+5 with member institutions to establish geographic regional
2909+6 hubs, including public universities and the proximate
2910+7 community colleges responsible for serving each regional hub.
2911+8 (Source: P.A. 102-174, eff. 7-28-21.)
2912+9 (110 ILCS 28/20)
2913+10 Sec. 20. Membership; functions.
2914+11 (a) Membership in the Consortium shall include all public
2915+12 universities and community colleges in this State that offer
2916+13 early childhood programs. Membership by private,
2917+14 not-for-profit universities is optional and conditional on the
2918+15 acceptance of the terms adopted by the public members, the
2919+16 related administrative rules, and the provisions of this Act.
2920+17 For-profit institutions of higher education are not eligible
2921+18 for membership in the Consortium. Participating institutions
2922+19 must be accredited by the Higher Learning Commission and
2923+20 entitled to offer Gateways Credentials.
2924+21 (b) The members of the Consortium shall operate jointly
2925+22 and in cooperation through regional hubs to provide
2926+23 streamlined paths for students to attain associate degrees,
2927+24 bachelor's degrees, master's degrees, certificates, and
2928+25 Gateways Credentials and other licensure endorsements in early
2929+
2930+
2931+
2932+
2933+
2934+ HB4959 Enrolled - 83 - LRB103 36303 SPS 66401 b
2935+
2936+
2937+HB4959 Enrolled- 84 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 84 - LRB103 36303 SPS 66401 b
2938+ HB4959 Enrolled - 84 - LRB103 36303 SPS 66401 b
2939+1 childhood education. The priority shall be to focus on the
2940+2 incumbent workforce, which includes working adults who require
2941+3 programs of study that offer flexibility in the times courses
2942+4 are offered, location, and format. The Consortium shall
2943+5 cooperate in all of the following:
2944+6 (1) Providing course offerings within each regional
2945+7 hub in online, hybrid, and in-person formats that are
2946+8 available to any student enrolled in a member institution
2947+9 in that hub for occasions in which a particular course is
2948+10 not available at the student's home institution. In this
2949+11 paragraph (1), "not available" may mean the course is not
2950+12 offered during a term, at a time, or in a format that works
2951+13 best for the student. Courses taken at any member
2952+14 institution shall be accepted toward the student's degree
2953+15 at any other member institution. Course offerings across
2954+16 institutions regional hubs may also be provided by an
2955+17 agreement between Consortium members. All course
2956+18 registration shall take place in consultation with a
2957+19 student's academic advisor.
2958+20 (2) Shared responsibilities through the Consortium and
2959+21 within and across the State regional hubs to expand access
2960+22 for students.
2961+23 (3) Transfers in accordance with Section 130-10 of the
2962+24 Transitions in Education Act.
2963+25 (4) The development of standardized methods for
2964+26 awarding credit for prior learning.
2965+
2966+
2967+
2968+
2969+
2970+ HB4959 Enrolled - 84 - LRB103 36303 SPS 66401 b
2971+
2972+
2973+HB4959 Enrolled- 85 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 85 - LRB103 36303 SPS 66401 b
2974+ HB4959 Enrolled - 85 - LRB103 36303 SPS 66401 b
2975+1 (5) The support necessary for student access,
2976+2 persistence, and completion shall be provided by the home
2977+3 institution, unless otherwise provided by agreement
2978+4 between Consortium members.
2979+5 (6) Admissions, financial arrangements, registration,
2980+6 and advising services shall be functions of the home
2981+7 institution but shall be honored across the Consortium.
2982+8 (7) Member institutions working with their regional
2983+9 pre-kindergarten through 12th grade and early childhood
2984+10 employer partners to determine demand throughout the
2985+11 region.
2986+12 (8) Data-sharing agreements.
2987+13 (9) An agreement that students enrolled in associate
2988+14 degree programs are encouraged to complete the associate
2989+15 degree program prior to transferring to a bachelor's
2990+16 degree program.
2991+17 (10) Development of other shared agreements and terms
2992+18 necessary to implement the Consortium and its
2993+19 responsibilities.
2994+20 By January 31, 2022, the Consortium shall decide how to
2995+21 assign college credit for the incumbent workers who have a
2996+22 Child Development Associate (CDA) credential and for future
2997+23 workers obtaining a CDA.
2998+24 (c) The Consortium may facilitate or implement the
2999+25 following if deemed beneficial and feasible:
3000+26 (1) the creation of an open education resource
3001+
3002+
3003+
3004+
3005+
3006+ HB4959 Enrolled - 85 - LRB103 36303 SPS 66401 b
3007+
3008+
3009+HB4959 Enrolled- 86 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 86 - LRB103 36303 SPS 66401 b
3010+ HB4959 Enrolled - 86 - LRB103 36303 SPS 66401 b
3011+1 library;
3012+2 (2) support and training for program coaches and
3013+3 cross-institutional navigators; and
3014+4 (3) support for the development, implementation, and
3015+5 participation in a statewide registry system through the
3016+6 Illinois Network of Child Care Resource and Referral
3017+7 Agencies (INCCRRA) to provide tracking and data
3018+8 capabilities for students across the system as they attain
3019+9 competency through coursework.
3020+10 (Source: P.A. 102-174, eff. 7-28-21.)
3021+11 (110 ILCS 28/25)
3022+12 Sec. 25. Advisory committee; membership.
3023+13 (a) The Board of Higher Education, the Illinois Community
3024+14 College Board, the State Board of Education, the Department of
3025+15 Human Services, and the Governor's Office of Early Childhood
3026+16 Development shall jointly convene a Consortium advisory
3027+17 committee to provide guidance on the operation of the
3028+18 Consortium.
3029+19 (b) Membership on the advisory committee shall be
3030+20 comprised of employers and experts appointed by the Board of
3031+21 Higher Education, the Illinois Community College Board, the
3032+22 Governor's Office of Early Childhood Development, and the
3033+23 State Board of Education. Membership shall also include all of
3034+24 the following members:
3035+25 (1) An employer from a community-based child care
3036+
3037+
3038+
3039+
3040+
3041+ HB4959 Enrolled - 86 - LRB103 36303 SPS 66401 b
3042+
3043+
3044+HB4959 Enrolled- 87 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 87 - LRB103 36303 SPS 66401 b
3045+ HB4959 Enrolled - 87 - LRB103 36303 SPS 66401 b
3046+1 provider, appointed by the Governor's Office of Early
3047+2 Childhood Development.
3048+3 (2) An employer from a for-profit child care provider,
3049+4 appointed by the Governor's Office of Early Childhood
3050+5 Development.
3051+6 (3) An employer from a nonprofit child care provider,
3052+7 appointed by the Governor's Office of Early Childhood
3053+8 Development.
3054+9 (4) A provider of family child care, appointed by the
3055+10 Governor's Office of Early Childhood Development.
3056+11 (5) An employer located in southern Illinois,
3057+12 appointed by the Governor's Office of Early Childhood
3058+13 Development.
3059+14 (6) An employer located in central Illinois, appointed
3060+15 by the Governor's Office of Early Childhood Development.
3061+16 (7) At least one member who represents an urban school
3062+17 district, appointed by the State Board of Education.
3063+18 (8) At least one member who represents a suburban
3064+19 school district, appointed by the State Board of
3065+20 Education.
3066+21 (9) At least one member who represents a rural school
3067+22 district, appointed by the State Board of Education.
3068+23 (10) At least one member who represents a school
3069+24 district in a city with a population of 500,000 or more,
3070+25 appointed by the State Board of Education.
3071+26 (11) Two early childhood advocates with statewide
3072+
3073+
3074+
3075+
3076+
3077+ HB4959 Enrolled - 87 - LRB103 36303 SPS 66401 b
3078+
3079+
3080+HB4959 Enrolled- 88 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 88 - LRB103 36303 SPS 66401 b
3081+ HB4959 Enrolled - 88 - LRB103 36303 SPS 66401 b
3082+1 expertise in early childhood workforce issues, appointed
3083+2 by the Governor's Office of Early Childhood Development.
3084+3 (12) The Chairperson or Vice-Chairperson and the
3085+4 Minority Spokesperson or a designee of the Senate
3086+5 Committee on Higher Education.
3087+6 (13) The Chairperson or Vice-Chairperson and the
3088+7 Minority Spokesperson or a designee of the House Committee
3089+8 on Higher Education.
3090+9 (14) One member representing the Illinois Community
3091+10 College Board, who shall serve as co-chairperson,
3092+11 appointed by the Illinois Community College Board.
3093+12 (15) One member representing the Board of Higher
3094+13 Education, who shall serve as co-chairperson, appointed by
3095+14 the Board of Higher Education.
3096+15 (16) One member representing the Illinois Student
3097+16 Assistance Commission, appointed by the Illinois Student
3098+17 Assistance Commission Board of Higher Education.
3099+18 (17) One member representing the State Board of
3100+19 Education, who shall serve as co-chairperson, appointed by
3101+20 the State Board of Education.
3102+21 (18) One member representing the Governor's Office of
3103+22 Early Childhood Development, who shall serve as
3104+23 co-chairperson, appointed by the Governor's Office of
3105+24 Early Childhood Development.
3106+25 (19) One member representing the Department of Human
3107+26 Services, who shall serve as co-chairperson, appointed by
3108+
3109+
3110+
3111+
3112+
3113+ HB4959 Enrolled - 88 - LRB103 36303 SPS 66401 b
3114+
3115+
3116+HB4959 Enrolled- 89 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 89 - LRB103 36303 SPS 66401 b
3117+ HB4959 Enrolled - 89 - LRB103 36303 SPS 66401 b
3118+1 the Governor's Office of Early Childhood Development.
3119+2 (20) One member representing INCCRRA, appointed by the
3120+3 Governor's Office of Early Childhood Development.
3121+4 (21) One member representing the Department of
3122+5 Children and Family Services, appointed by the Governor's
3123+6 Office of Early Childhood Development.
3124+7 (22) One member representing an organization that
3125+8 advocates on behalf of community college trustees,
3126+9 appointed by the Illinois Community College Board.
3127+10 (23) One member of a union representing child care and
3128+11 early childhood providers, appointed by the Governor's
3129+12 Office of Early Childhood Development.
3130+13 (24) Two members of unions representing higher
3131+14 education faculty, appointed by the Board of Higher
3132+15 Education.
3133+16 (25) A representative from the College of Education of
3134+17 an urban public university, appointed by the Board of
3135+18 Higher Education.
3136+19 (26) A representative from the College of Education of
3137+20 a suburban public university, appointed by the Board of
3138+21 Higher Education.
3139+22 (27) A representative from the College of Education of
3140+23 a rural public university, appointed by the Board of
3141+24 Higher Education.
3142+25 (28) A representative from the College of Education of
3143+26 a private university, appointed by the Board of Higher
3144+
3145+
3146+
3147+
3148+
3149+ HB4959 Enrolled - 89 - LRB103 36303 SPS 66401 b
3150+
3151+
3152+HB4959 Enrolled- 90 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 90 - LRB103 36303 SPS 66401 b
3153+ HB4959 Enrolled - 90 - LRB103 36303 SPS 66401 b
3154+1 Education.
3155+2 (29) A representative of an urban community college,
3156+3 appointed by the Illinois Community College Board.
3157+4 (30) A representative of a suburban community college,
3158+5 appointed by the Illinois Community College Board.
3159+6 (31) A representative of rural community college,
3160+7 appointed by the Illinois Community College Board.
3161+8 (c) The advisory committee shall meet at least twice a
3162+9 year quarterly. The committee meetings shall be open to the
3163+10 public in accordance with the provisions of the Open Meetings
3164+11 Act.
3165+12 (d) Except for the co-chairpersons of the advisory
3166+13 committee, the initial terms for advisory committee members
3167+14 after the effective date of this amendatory Act of the 103rd
3168+15 General Assembly shall be set by lottery at the first meeting
3169+16 after the effective date of this amendatory Act of the 103rd
3170+17 General Assembly as follows:
3171+18 (1) One-third of members shall serve a 1-year term.
3172+19 (2) One-third of members shall serve a 2-year term.
3173+20 (3) One-third of members shall serve a 3-year term.
3174+21 (e) The initial term of co-chairpersons of the advisory
3175+22 committee shall be for 3 years.
3176+23 (f) After the initial term, each subsequent term for the
3177+24 members of the advisory committee shall be for 3 years or until
3178+25 a successor is appointed.
3179+26 (g) The members of the advisory committee shall serve
3180+
3181+
3182+
3183+
3184+
3185+ HB4959 Enrolled - 90 - LRB103 36303 SPS 66401 b
3186+
3187+
3188+HB4959 Enrolled- 91 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 91 - LRB103 36303 SPS 66401 b
3189+ HB4959 Enrolled - 91 - LRB103 36303 SPS 66401 b
3190+1 without compensation, but shall be entitled to reimbursement
3191+2 for all necessary expenses incurred in the performance of
3192+3 their official duties as members of the advisory committee
3193+4 from funds appropriated for that purpose.
3194+5 (Source: P.A. 102-174, eff. 7-28-21.)
3195+6 (110 ILCS 28/30)
3196+7 Sec. 30. Reporting. The Consortium shall report to the
3197+8 General Assembly, to the Senate and House Committees with
3198+9 oversight over higher education, to the Governor, and to the
3199+10 advisory committee on the progress made by the Consortium. A
3200+11 report must include, but is not limited to, all of the
3201+12 following information:
3202+13 (1) Student enrollment numbers by academic year for
3203+14 the fall and spring terms or semesters, retention rates,
3204+15 persistence, and completion in relevant associate,
3205+16 baccalaureate, and credential programs, including
3206+17 demographic data that is disaggregated by race, ethnicity,
3207+18 geography, higher education sector, and federal Pell Grant
3208+19 status, reported annually twice per year. Completion
3209+20 numbers and rates, employer type, and years worked shall
3210+21 be reported annually.
3211+22 (2) For students enrolled in early childhood programs,
3212+23 average assessed tuition, average Tuition rates charged
3213+24 and net price, number of students receiving student loans,
3214+25 and average loan amount prices paid, reported both as
3215+
3216+
3217+
3218+
3219+
3220+ HB4959 Enrolled - 91 - LRB103 36303 SPS 66401 b
3221+
3222+
3223+HB4959 Enrolled- 92 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 92 - LRB103 36303 SPS 66401 b
3224+ HB4959 Enrolled - 92 - LRB103 36303 SPS 66401 b
3225+1 including and excluding student loans, by enrolled members
3226+2 of the incumbent workforce, reported annually.
3227+3 (3) Outreach plans to recruit and enroll incumbent
3228+4 workforce members, reported annually twice per year.
3229+5 (4) Participation of the incumbent workforce in
3230+6 outreach programs, which may include participation in an
3231+7 informational session, social media engagement, or other
3232+8 activities, reported annually twice per year.
3233+9 (5) Student academic and holistic support plans to
3234+10 help the enrolled incumbent workforce persist in their
3235+11 education, reported annually.
3236+12 (6) Evidence of engagement and responsiveness to the
3237+13 needs of employer partners, reported annually.
3238+14 (7) The Consortium budget including the use of federal
3239+15 funds, reported annually.
3240+16 (8) Member contributions, including financial,
3241+17 physical, or in-kind contributions, provided to the
3242+18 Consortium, reported annually.
3243+19 (9) Information on Early Childhood Access Consortium
3244+20 for Equity Scholarships awarded under the Higher Education
3245+21 Student Assistance Act, including demographic data that is
3246+22 disaggregated by race and ethnicity, federal Pell Grant
3247+23 eligibility status, geography, age, gender, and higher
3248+24 education sector, reported annually. Employer type and
3249+25 years worked, as provided by students via the scholarship
3250+26 application, reported annually. To the extent possible
3251+
3252+
3253+
3254+
3255+
3256+ HB4959 Enrolled - 92 - LRB103 36303 SPS 66401 b
3257+
3258+
3259+HB4959 Enrolled- 93 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 93 - LRB103 36303 SPS 66401 b
3260+ HB4959 Enrolled - 93 - LRB103 36303 SPS 66401 b
3261+1 given available data and resources, information on
3262+2 scholarship recipients' subsequent employment in the early
3263+3 childhood care and education field in this State.
3264+4 (Source: P.A. 102-174, eff. 7-28-21.)
3265+5 Section 3-37. The Higher Education Student Assistance Act
3266+6 is amended by adding Section 65.125 as follows:
3267+7 (110 ILCS 947/65.125 new)
3268+8 Sec. 65.125. Early Childhood Access Consortium for Equity
3269+9 Scholarship Program.
3270+10 (a) As used in this Section, "incumbent workforce" has the
3271+11 meaning ascribed to that term in the Early Childhood Access
3272+12 Consortium for Equity Act.
3273+13 (b) Subject to appropriation, the Commission shall
3274+14 implement and administer an early childhood educator
3275+15 scholarship program, to be known as the Early Childhood Access
3276+16 Consortium for Equity Scholarship Program. Under the Program,
3277+17 the Commission shall annually award scholarships to early
3278+18 childhood education students enrolled in institutions of
3279+19 higher education participating in the Early Childhood Access
3280+20 Consortium for Equity under the Early Childhood Access
3281+21 Consortium for Equity Act with preference given to members of
3282+22 the incumbent workforce.
3283+23 (c) To ensure alignment with Consortium goals and changing
3284+24 workforce needs, the Commission shall work in partnership with
3285+
3286+
3287+
3288+
3289+
3290+ HB4959 Enrolled - 93 - LRB103 36303 SPS 66401 b
3291+
3292+
3293+HB4959 Enrolled- 94 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 94 - LRB103 36303 SPS 66401 b
3294+ HB4959 Enrolled - 94 - LRB103 36303 SPS 66401 b
3295+1 the Board of Higher Education and the Illinois Community
3296+2 College Board in program design, and the Board of Higher
3297+3 Education and the Illinois Community College Board shall
3298+4 solicit feedback from the Consortium advisory committee
3299+5 established under Section 25 of the Early Childhood Access
3300+6 Consortium for Equity Act.
3301+7 (d) In awarding a scholarship under this Section, the
3302+8 Commission may give preference to applicants who received a
3303+9 scholarship under this Section during the prior academic year,
3304+10 to applicants with financial need, or both.
3305+11 (e) Prior to receiving scholarship assistance for any
3306+12 academic year, each recipient of a scholarship awarded under
3307+13 this Section shall be required by the Commission to sign an
3308+14 agreement under which the recipient pledges to continue or
3309+15 return to teaching or direct services in the early childhood
3310+16 care and education field in this State after they complete
3311+17 their program of study.
3312+18 (f) The Commission may adopt any rules necessary to
3313+19 implement and administer the Program.
3314+20 Section 3-45. The Illinois Horse Racing Act of 1975 is
3315+21 amended by changing Section 28.1 as follows:
3316+22 (230 ILCS 5/28.1)
3317+23 Sec. 28.1. Payments.
3318+24 (a) Beginning on January 1, 2000, moneys collected by the
3319+
3320+
3321+
3322+
3323+
3324+ HB4959 Enrolled - 94 - LRB103 36303 SPS 66401 b
3325+
3326+
3327+HB4959 Enrolled- 95 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 95 - LRB103 36303 SPS 66401 b
3328+ HB4959 Enrolled - 95 - LRB103 36303 SPS 66401 b
3329+1 Department of Revenue and the Racing Board pursuant to Section
3330+2 26 or Section 27 of this Act shall be deposited into the Horse
3331+3 Racing Fund, which is hereby created as a special fund in the
3332+4 State Treasury.
3333+5 (b) Appropriations, as approved by the General Assembly,
3334+6 may be made from the Horse Racing Fund to the Board to pay the
3335+7 salaries of the Board members, secretary, stewards, directors
3336+8 of mutuels, veterinarians, representatives, accountants,
3337+9 clerks, stenographers, inspectors and other employees of the
3338+10 Board, and all expenses of the Board incident to the
3339+11 administration of this Act, including, but not limited to, all
3340+12 expenses and salaries incident to the taking of saliva and
3341+13 urine samples in accordance with the rules and regulations of
3342+14 the Board.
3343+15 (c) (Blank).
3344+16 (d) Beginning January 1, 2000, payments to all programs in
3345+17 existence on the effective date of this amendatory Act of 1999
3346+18 that are identified in Sections 26(c), 26(f), 26(h)(11)(C),
3347+19 and 28, subsections (a), (b), (c), (d), (e), (f), (g), and (h)
3348+20 of Section 30, and subsections (a), (b), (c), (d), (e), (f),
3349+21 (g), and (h) of Section 31 shall be made from the General
3350+22 Revenue Fund at the funding levels determined by amounts paid
3351+23 under this Act in calendar year 1998. Beginning on the
3352+24 effective date of this amendatory Act of the 93rd General
3353+25 Assembly, payments to the Peoria Park District shall be made
3354+26 from the General Revenue Fund at the funding level determined
3355+
3356+
3357+
3358+
3359+
3360+ HB4959 Enrolled - 95 - LRB103 36303 SPS 66401 b
3361+
3362+
3363+HB4959 Enrolled- 96 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 96 - LRB103 36303 SPS 66401 b
3364+ HB4959 Enrolled - 96 - LRB103 36303 SPS 66401 b
3365+1 by amounts paid to that park district for museum purposes
3366+2 under this Act in calendar year 1994.
3367+3 If an inter-track wagering location licensee's facility
3368+4 changes its location, then the payments associated with that
3369+5 facility under this subsection (d) for museum purposes shall
3370+6 be paid to the park district in the area where the facility
3371+7 relocates, and the payments shall be used for museum purposes.
3372+8 If the facility does not relocate to a park district, then the
3373+9 payments shall be paid to the taxing district that is
3374+10 responsible for park or museum expenditures.
3375+11 (e) Beginning July 1, 2006, the payment authorized under
3376+12 subsection (d) to museums and aquariums located in park
3377+13 districts of over 500,000 population shall be paid to museums,
3378+14 aquariums, and zoos in amounts determined by Museums in the
3379+15 Park, an association of museums, aquariums, and zoos located
3380+16 on Chicago Park District property.
3381+17 (f) Beginning July 1, 2007, the Children's Discovery
3382+18 Museum in Normal, Illinois shall receive payments from the
3383+19 General Revenue Fund at the funding level determined by the
3384+20 amounts paid to the Miller Park Zoo in Bloomington, Illinois
3385+21 under this Section in calendar year 2006.
3386+22 (g) On July 3, 2024 2023, the Comptroller shall order
3387+23 transferred and the Treasurer shall transfer $3,200,000
3388+24 $5,100,000 from the Horse Racing Fund to the Horse Racing
3389+25 Purse Equity Fund.
3390+26 (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23.)
3391+
3392+
3393+
3394+
3395+
3396+ HB4959 Enrolled - 96 - LRB103 36303 SPS 66401 b
3397+
3398+
3399+HB4959 Enrolled- 97 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 97 - LRB103 36303 SPS 66401 b
3400+ HB4959 Enrolled - 97 - LRB103 36303 SPS 66401 b
3401+1 Section 3-50. The Illinois Public Aid Code is amended by
3402+2 changing Section 5-5.4 as follows:
3403+3 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
3404+4 Sec. 5-5.4. Standards of payment; Department Payment -
3405+5 Department of Healthcare and Family Services. The Department
3406+6 of Healthcare and Family Services shall develop standards of
3407+7 payment of nursing facility and ICF/DD services in facilities
3408+8 providing such services under this Article which:
3409+9 (1) Provide for the determination of a facility's payment
3410+10 for nursing facility or ICF/DD services on a prospective
3411+11 basis. The amount of the payment rate for all nursing
3412+12 facilities certified by the Department of Public Health under
3413+13 the ID/DD Community Care Act or the Nursing Home Care Act as
3414+14 Intermediate Care for the Developmentally Disabled facilities,
3415+15 Long Term Care for Under Age 22 facilities, Skilled Nursing
3416+16 facilities, or Intermediate Care facilities under the medical
3417+17 assistance program shall be prospectively established annually
3418+18 on the basis of historical, financial, and statistical data
3419+19 reflecting actual costs from prior years, which shall be
3420+20 applied to the current rate year and updated for inflation,
3421+21 except that the capital cost element for newly constructed
3422+22 facilities shall be based upon projected budgets. The annually
3423+23 established payment rate shall take effect on July 1 in 1984
3424+24 and subsequent years. No rate increase and no update for
3425+
3426+
3427+
3428+
3429+
3430+ HB4959 Enrolled - 97 - LRB103 36303 SPS 66401 b
3431+
3432+
3433+HB4959 Enrolled- 98 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 98 - LRB103 36303 SPS 66401 b
3434+ HB4959 Enrolled - 98 - LRB103 36303 SPS 66401 b
3435+1 inflation shall be provided on or after July 1, 1994, unless
3436+2 specifically provided for in this Section. The changes made by
3437+3 Public Act 93-841 extending the duration of the prohibition
3438+4 against a rate increase or update for inflation are effective
3439+5 retroactive to July 1, 2004.
3440+6 For facilities licensed by the Department of Public Health
3441+7 under the Nursing Home Care Act as Intermediate Care for the
3442+8 Developmentally Disabled facilities or Long Term Care for
3443+9 Under Age 22 facilities, the rates taking effect on July 1,
3444+10 1998 shall include an increase of 3%. For facilities licensed
3445+11 by the Department of Public Health under the Nursing Home Care
3446+12 Act as Skilled Nursing facilities or Intermediate Care
3447+13 facilities, the rates taking effect on July 1, 1998 shall
3448+14 include an increase of 3% plus $1.10 per resident-day, as
3449+15 defined by the Department. For facilities licensed by the
3450+16 Department of Public Health under the Nursing Home Care Act as
3451+17 Intermediate Care Facilities for the Developmentally Disabled
3452+18 or Long Term Care for Under Age 22 facilities, the rates taking
3453+19 effect on January 1, 2006 shall include an increase of 3%. For
3454+20 facilities licensed by the Department of Public Health under
3455+21 the Nursing Home Care Act as Intermediate Care Facilities for
3456+22 the Developmentally Disabled or Long Term Care for Under Age
3457+23 22 facilities, the rates taking effect on January 1, 2009
3458+24 shall include an increase sufficient to provide a $0.50 per
3459+25 hour wage increase for non-executive staff. For facilities
3460+26 licensed by the Department of Public Health under the ID/DD
3461+
3462+
3463+
3464+
3465+
3466+ HB4959 Enrolled - 98 - LRB103 36303 SPS 66401 b
3467+
3468+
3469+HB4959 Enrolled- 99 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 99 - LRB103 36303 SPS 66401 b
3470+ HB4959 Enrolled - 99 - LRB103 36303 SPS 66401 b
3471+1 Community Care Act as ID/DD Facilities the rates taking effect
3472+2 within 30 days after July 6, 2017 (the effective date of Public
3473+3 Act 100-23) shall include an increase sufficient to provide a
3474+4 $0.75 per hour wage increase for non-executive staff. The
3475+5 Department shall adopt rules, including emergency rules under
3476+6 subsection (y) of Section 5-45 of the Illinois Administrative
3477+7 Procedure Act, to implement the provisions of this paragraph.
3478+8 For facilities licensed by the Department of Public Health
3479+9 under the ID/DD Community Care Act as ID/DD Facilities and
3480+10 under the MC/DD Act as MC/DD Facilities, the rates taking
3481+11 effect within 30 days after June 5, 2019 (the effective date of
3482+12 Public Act 101-10) shall include an increase sufficient to
3483+13 provide a $0.50 per hour wage increase for non-executive
3484+14 front-line personnel, including, but not limited to, direct
3485+15 support persons, aides, front-line supervisors, qualified
3486+16 intellectual disabilities professionals, nurses, and
3487+17 non-administrative support staff. The Department shall adopt
3488+18 rules, including emergency rules under subsection (bb) of
3489+19 Section 5-45 of the Illinois Administrative Procedure Act, to
3490+20 implement the provisions of this paragraph.
3491+21 For facilities licensed by the Department of Public Health
3492+22 under the Nursing Home Care Act as Intermediate Care for the
3493+23 Developmentally Disabled facilities or Long Term Care for
3494+24 Under Age 22 facilities, the rates taking effect on July 1,
3495+25 1999 shall include an increase of 1.6% plus $3.00 per
3496+26 resident-day, as defined by the Department. For facilities
3497+
3498+
3499+
3500+
3501+
3502+ HB4959 Enrolled - 99 - LRB103 36303 SPS 66401 b
3503+
3504+
3505+HB4959 Enrolled- 100 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 100 - LRB103 36303 SPS 66401 b
3506+ HB4959 Enrolled - 100 - LRB103 36303 SPS 66401 b
3507+1 licensed by the Department of Public Health under the Nursing
3508+2 Home Care Act as Skilled Nursing facilities or Intermediate
3509+3 Care facilities, the rates taking effect on July 1, 1999 shall
3510+4 include an increase of 1.6% and, for services provided on or
3511+5 after October 1, 1999, shall be increased by $4.00 per
3512+6 resident-day, as defined by the Department.
3513+7 For facilities licensed by the Department of Public Health
3514+8 under the Nursing Home Care Act as Intermediate Care for the
3515+9 Developmentally Disabled facilities or Long Term Care for
3516+10 Under Age 22 facilities, the rates taking effect on July 1,
3517+11 2000 shall include an increase of 2.5% per resident-day, as
3518+12 defined by the Department. For facilities licensed by the
3519+13 Department of Public Health under the Nursing Home Care Act as
3520+14 Skilled Nursing facilities or Intermediate Care facilities,
3521+15 the rates taking effect on July 1, 2000 shall include an
3522+16 increase of 2.5% per resident-day, as defined by the
3523+17 Department.
3524+18 For facilities licensed by the Department of Public Health
3525+19 under the Nursing Home Care Act as skilled nursing facilities
3526+20 or intermediate care facilities, a new payment methodology
3527+21 must be implemented for the nursing component of the rate
3528+22 effective July 1, 2003. The Department of Public Aid (now
3529+23 Healthcare and Family Services) shall develop the new payment
3530+24 methodology using the Minimum Data Set (MDS) as the instrument
3531+25 to collect information concerning nursing home resident
3532+26 condition necessary to compute the rate. The Department shall
3533+
3534+
3535+
3536+
3537+
3538+ HB4959 Enrolled - 100 - LRB103 36303 SPS 66401 b
3539+
3540+
3541+HB4959 Enrolled- 101 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 101 - LRB103 36303 SPS 66401 b
3542+ HB4959 Enrolled - 101 - LRB103 36303 SPS 66401 b
3543+1 develop the new payment methodology to meet the unique needs
3544+2 of Illinois nursing home residents while remaining subject to
3545+3 the appropriations provided by the General Assembly. A
3546+4 transition period from the payment methodology in effect on
3547+5 June 30, 2003 to the payment methodology in effect on July 1,
3548+6 2003 shall be provided for a period not exceeding 3 years and
3549+7 184 days after implementation of the new payment methodology
3550+8 as follows:
3551+9 (A) For a facility that would receive a lower nursing
3552+10 component rate per patient day under the new system than
3553+11 the facility received effective on the date immediately
3554+12 preceding the date that the Department implements the new
3555+13 payment methodology, the nursing component rate per
3556+14 patient day for the facility shall be held at the level in
3557+15 effect on the date immediately preceding the date that the
3558+16 Department implements the new payment methodology until a
3559+17 higher nursing component rate of reimbursement is achieved
3560+18 by that facility.
3561+19 (B) For a facility that would receive a higher nursing
3562+20 component rate per patient day under the payment
3563+21 methodology in effect on July 1, 2003 than the facility
3564+22 received effective on the date immediately preceding the
3565+23 date that the Department implements the new payment
3566+24 methodology, the nursing component rate per patient day
3567+25 for the facility shall be adjusted.
3568+26 (C) Notwithstanding paragraphs (A) and (B), the
3569+
3570+
3571+
3572+
3573+
3574+ HB4959 Enrolled - 101 - LRB103 36303 SPS 66401 b
3575+
3576+
3577+HB4959 Enrolled- 102 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 102 - LRB103 36303 SPS 66401 b
3578+ HB4959 Enrolled - 102 - LRB103 36303 SPS 66401 b
3579+1 nursing component rate per patient day for the facility
3580+2 shall be adjusted subject to appropriations provided by
3581+3 the General Assembly.
3582+4 For facilities licensed by the Department of Public Health
3583+5 under the Nursing Home Care Act as Intermediate Care for the
3584+6 Developmentally Disabled facilities or Long Term Care for
3585+7 Under Age 22 facilities, the rates taking effect on March 1,
3586+8 2001 shall include a statewide increase of 7.85%, as defined
3587+9 by the Department.
3588+10 Notwithstanding any other provision of this Section, for
3589+11 facilities licensed by the Department of Public Health under
3590+12 the Nursing Home Care Act as skilled nursing facilities or
3591+13 intermediate care facilities, except facilities participating
3592+14 in the Department's demonstration program pursuant to the
3593+15 provisions of Title 77, Part 300, Subpart T of the Illinois
3594+16 Administrative Code, the numerator of the ratio used by the
3595+17 Department of Healthcare and Family Services to compute the
3596+18 rate payable under this Section using the Minimum Data Set
3597+19 (MDS) methodology shall incorporate the following annual
3598+20 amounts as the additional funds appropriated to the Department
3599+21 specifically to pay for rates based on the MDS nursing
3600+22 component methodology in excess of the funding in effect on
3601+23 December 31, 2006:
3602+24 (i) For rates taking effect January 1, 2007,
3603+25 $60,000,000.
3604+26 (ii) For rates taking effect January 1, 2008,
3605+
3606+
3607+
3608+
3609+
3610+ HB4959 Enrolled - 102 - LRB103 36303 SPS 66401 b
3611+
3612+
3613+HB4959 Enrolled- 103 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 103 - LRB103 36303 SPS 66401 b
3614+ HB4959 Enrolled - 103 - LRB103 36303 SPS 66401 b
3615+1 $110,000,000.
3616+2 (iii) For rates taking effect January 1, 2009,
3617+3 $194,000,000.
3618+4 (iv) For rates taking effect April 1, 2011, or the
3619+5 first day of the month that begins at least 45 days after
3620+6 February 16, 2011 (the effective date of Public Act
3621+7 96-1530), $416,500,000 or an amount as may be necessary to
3622+8 complete the transition to the MDS methodology for the
3623+9 nursing component of the rate. Increased payments under
3624+10 this item (iv) are not due and payable, however, until (i)
3625+11 the methodologies described in this paragraph are approved
3626+12 by the federal government in an appropriate State Plan
3627+13 amendment and (ii) the assessment imposed by Section 5B-2
3628+14 of this Code is determined to be a permissible tax under
3629+15 Title XIX of the Social Security Act.
3630+16 Notwithstanding any other provision of this Section, for
3631+17 facilities licensed by the Department of Public Health under
3632+18 the Nursing Home Care Act as skilled nursing facilities or
3633+19 intermediate care facilities, the support component of the
3634+20 rates taking effect on January 1, 2008 shall be computed using
3635+21 the most recent cost reports on file with the Department of
3636+22 Healthcare and Family Services no later than April 1, 2005,
3637+23 updated for inflation to January 1, 2006.
3638+24 For facilities licensed by the Department of Public Health
3639+25 under the Nursing Home Care Act as Intermediate Care for the
3640+26 Developmentally Disabled facilities or Long Term Care for
3641+
3642+
3643+
3644+
3645+
3646+ HB4959 Enrolled - 103 - LRB103 36303 SPS 66401 b
3647+
3648+
3649+HB4959 Enrolled- 104 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 104 - LRB103 36303 SPS 66401 b
3650+ HB4959 Enrolled - 104 - LRB103 36303 SPS 66401 b
3651+1 Under Age 22 facilities, the rates taking effect on April 1,
3652+2 2002 shall include a statewide increase of 2.0%, as defined by
3653+3 the Department. This increase terminates on July 1, 2002;
3654+4 beginning July 1, 2002 these rates are reduced to the level of
3655+5 the rates in effect on March 31, 2002, as defined by the
3656+6 Department.
3657+7 For facilities licensed by the Department of Public Health
3658+8 under the Nursing Home Care Act as skilled nursing facilities
3659+9 or intermediate care facilities, the rates taking effect on
3660+10 July 1, 2001 shall be computed using the most recent cost
3661+11 reports on file with the Department of Public Aid no later than
3662+12 April 1, 2000, updated for inflation to January 1, 2001. For
3663+13 rates effective July 1, 2001 only, rates shall be the greater
3664+14 of the rate computed for July 1, 2001 or the rate effective on
3665+15 June 30, 2001.
3666+16 Notwithstanding any other provision of this Section, for
3667+17 facilities licensed by the Department of Public Health under
3668+18 the Nursing Home Care Act as skilled nursing facilities or
3669+19 intermediate care facilities, the Illinois Department shall
3670+20 determine by rule the rates taking effect on July 1, 2002,
3671+21 which shall be 5.9% less than the rates in effect on June 30,
3672+22 2002.
3673+23 Notwithstanding any other provision of this Section, for
3674+24 facilities licensed by the Department of Public Health under
3675+25 the Nursing Home Care Act as skilled nursing facilities or
3676+26 intermediate care facilities, if the payment methodologies
3677+
3678+
3679+
3680+
3681+
3682+ HB4959 Enrolled - 104 - LRB103 36303 SPS 66401 b
3683+
3684+
3685+HB4959 Enrolled- 105 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 105 - LRB103 36303 SPS 66401 b
3686+ HB4959 Enrolled - 105 - LRB103 36303 SPS 66401 b
3687+1 required under Section 5A-12 and the waiver granted under 42
3688+2 CFR 433.68 are approved by the United States Centers for
3689+3 Medicare and Medicaid Services, the rates taking effect on
3690+4 July 1, 2004 shall be 3.0% greater than the rates in effect on
3691+5 June 30, 2004. These rates shall take effect only upon
3692+6 approval and implementation of the payment methodologies
3693+7 required under Section 5A-12.
3694+8 Notwithstanding any other provisions of this Section, for
3695+9 facilities licensed by the Department of Public Health under
3696+10 the Nursing Home Care Act as skilled nursing facilities or
3697+11 intermediate care facilities, the rates taking effect on
3698+12 January 1, 2005 shall be 3% more than the rates in effect on
3699+13 December 31, 2004.
3700+14 Notwithstanding any other provision of this Section, for
3701+15 facilities licensed by the Department of Public Health under
3702+16 the Nursing Home Care Act as skilled nursing facilities or
3703+17 intermediate care facilities, effective January 1, 2009, the
3704+18 per diem support component of the rates effective on January
3705+19 1, 2008, computed using the most recent cost reports on file
3706+20 with the Department of Healthcare and Family Services no later
3707+21 than April 1, 2005, updated for inflation to January 1, 2006,
3708+22 shall be increased to the amount that would have been derived
3709+23 using standard Department of Healthcare and Family Services
3710+24 methods, procedures, and inflators.
3711+25 Notwithstanding any other provisions of this Section, for
3712+26 facilities licensed by the Department of Public Health under
3713+
3714+
3715+
3716+
3717+
3718+ HB4959 Enrolled - 105 - LRB103 36303 SPS 66401 b
3719+
3720+
3721+HB4959 Enrolled- 106 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 106 - LRB103 36303 SPS 66401 b
3722+ HB4959 Enrolled - 106 - LRB103 36303 SPS 66401 b
3723+1 the Nursing Home Care Act as intermediate care facilities that
3724+2 are federally defined as Institutions for Mental Disease, or
3725+3 facilities licensed by the Department of Public Health under
3726+4 the Specialized Mental Health Rehabilitation Act of 2013, a
3727+5 socio-development component rate equal to 6.6% of the
3728+6 facility's nursing component rate as of January 1, 2006 shall
3729+7 be established and paid effective July 1, 2006. The
3730+8 socio-development component of the rate shall be increased by
3731+9 a factor of 2.53 on the first day of the month that begins at
3732+10 least 45 days after January 11, 2008 (the effective date of
3733+11 Public Act 95-707). As of August 1, 2008, the
3734+12 socio-development component rate shall be equal to 6.6% of the
3735+13 facility's nursing component rate as of January 1, 2006,
3736+14 multiplied by a factor of 3.53. For services provided on or
3737+15 after April 1, 2011, or the first day of the month that begins
3738+16 at least 45 days after February 16, 2011 (the effective date of
3739+17 Public Act 96-1530), whichever is later, the Illinois
3740+18 Department may by rule adjust these socio-development
3741+19 component rates, and may use different adjustment
3742+20 methodologies for those facilities participating, and those
3743+21 not participating, in the Illinois Department's demonstration
3744+22 program pursuant to the provisions of Title 77, Part 300,
3745+23 Subpart T of the Illinois Administrative Code, but in no case
3746+24 may such rates be diminished below those in effect on August 1,
3747+25 2008.
3748+26 For facilities licensed by the Department of Public Health
3749+
3750+
3751+
3752+
3753+
3754+ HB4959 Enrolled - 106 - LRB103 36303 SPS 66401 b
3755+
3756+
3757+HB4959 Enrolled- 107 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 107 - LRB103 36303 SPS 66401 b
3758+ HB4959 Enrolled - 107 - LRB103 36303 SPS 66401 b
3759+1 under the Nursing Home Care Act as Intermediate Care for the
3760+2 Developmentally Disabled facilities or as long-term care
3761+3 facilities for residents under 22 years of age, the rates
3762+4 taking effect on July 1, 2003 shall include a statewide
3763+5 increase of 4%, as defined by the Department.
3764+6 For facilities licensed by the Department of Public Health
3765+7 under the Nursing Home Care Act as Intermediate Care for the
3766+8 Developmentally Disabled facilities or Long Term Care for
3767+9 Under Age 22 facilities, the rates taking effect on the first
3768+10 day of the month that begins at least 45 days after January 11,
3769+11 2008 (the effective date of Public Act 95-707) shall include a
3770+12 statewide increase of 2.5%, as defined by the Department.
3771+13 Notwithstanding any other provision of this Section, for
3772+14 facilities licensed by the Department of Public Health under
3773+15 the Nursing Home Care Act as skilled nursing facilities or
3774+16 intermediate care facilities, effective January 1, 2005,
3775+17 facility rates shall be increased by the difference between
3776+18 (i) a facility's per diem property, liability, and malpractice
3777+19 insurance costs as reported in the cost report filed with the
3778+20 Department of Public Aid and used to establish rates effective
3779+21 July 1, 2001 and (ii) those same costs as reported in the
3780+22 facility's 2002 cost report. These costs shall be passed
3781+23 through to the facility without caps or limitations, except
3782+24 for adjustments required under normal auditing procedures.
3783+25 Rates established effective each July 1 shall govern
3784+26 payment for services rendered throughout that fiscal year,
3785+
3786+
3787+
3788+
3789+
3790+ HB4959 Enrolled - 107 - LRB103 36303 SPS 66401 b
3791+
3792+
3793+HB4959 Enrolled- 108 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 108 - LRB103 36303 SPS 66401 b
3794+ HB4959 Enrolled - 108 - LRB103 36303 SPS 66401 b
3795+1 except that rates established on July 1, 1996 shall be
3796+2 increased by 6.8% for services provided on or after January 1,
3797+3 1997. Such rates will be based upon the rates calculated for
3798+4 the year beginning July 1, 1990, and for subsequent years
3799+5 thereafter until June 30, 2001 shall be based on the facility
3800+6 cost reports for the facility fiscal year ending at any point
3801+7 in time during the previous calendar year, updated to the
3802+8 midpoint of the rate year. The cost report shall be on file
3803+9 with the Department no later than April 1 of the current rate
3804+10 year. Should the cost report not be on file by April 1, the
3805+11 Department shall base the rate on the latest cost report filed
3806+12 by each skilled care facility and intermediate care facility,
3807+13 updated to the midpoint of the current rate year. In
3808+14 determining rates for services rendered on and after July 1,
3809+15 1985, fixed time shall not be computed at less than zero. The
3810+16 Department shall not make any alterations of regulations which
3811+17 would reduce any component of the Medicaid rate to a level
3812+18 below what that component would have been utilizing in the
3813+19 rate effective on July 1, 1984.
3814+20 (2) Shall take into account the actual costs incurred by
3815+21 facilities in providing services for recipients of skilled
3816+22 nursing and intermediate care services under the medical
3817+23 assistance program.
3818+24 (3) Shall take into account the medical and psycho-social
3819+25 characteristics and needs of the patients.
3820+26 (4) Shall take into account the actual costs incurred by
3821+
3822+
3823+
3824+
3825+
3826+ HB4959 Enrolled - 108 - LRB103 36303 SPS 66401 b
3827+
3828+
3829+HB4959 Enrolled- 109 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 109 - LRB103 36303 SPS 66401 b
3830+ HB4959 Enrolled - 109 - LRB103 36303 SPS 66401 b
3831+1 facilities in meeting licensing and certification standards
3832+2 imposed and prescribed by the State of Illinois, any of its
3833+3 political subdivisions or municipalities and by the U.S.
3834+4 Department of Health and Human Services pursuant to Title XIX
3835+5 of the Social Security Act.
3836+6 The Department of Healthcare and Family Services shall
3837+7 develop precise standards for payments to reimburse nursing
3838+8 facilities for any utilization of appropriate rehabilitative
3839+9 personnel for the provision of rehabilitative services which
3840+10 is authorized by federal regulations, including reimbursement
3841+11 for services provided by qualified therapists or qualified
3842+12 assistants, and which is in accordance with accepted
3843+13 professional practices. Reimbursement also may be made for
3844+14 utilization of other supportive personnel under appropriate
3845+15 supervision.
3846+16 The Department shall develop enhanced payments to offset
3847+17 the additional costs incurred by a facility serving
3848+18 exceptional need residents and shall allocate at least
3849+19 $4,000,000 of the funds collected from the assessment
3850+20 established by Section 5B-2 of this Code for such payments.
3851+21 For the purpose of this Section, "exceptional needs" means,
3852+22 but need not be limited to, ventilator care and traumatic
3853+23 brain injury care. The enhanced payments for exceptional need
3854+24 residents under this paragraph are not due and payable,
3855+25 however, until (i) the methodologies described in this
3856+26 paragraph are approved by the federal government in an
3857+
3858+
3859+
3860+
3861+
3862+ HB4959 Enrolled - 109 - LRB103 36303 SPS 66401 b
3863+
3864+
3865+HB4959 Enrolled- 110 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 110 - LRB103 36303 SPS 66401 b
3866+ HB4959 Enrolled - 110 - LRB103 36303 SPS 66401 b
3867+1 appropriate State Plan amendment and (ii) the assessment
3868+2 imposed by Section 5B-2 of this Code is determined to be a
3869+3 permissible tax under Title XIX of the Social Security Act.
3870+4 Beginning January 1, 2014 the methodologies for
3871+5 reimbursement of nursing facility services as provided under
3872+6 this Section 5-5.4 shall no longer be applicable for services
3873+7 provided on or after January 1, 2014.
3874+8 No payment increase under this Section for the MDS
3875+9 methodology, exceptional care residents, or the
3876+10 socio-development component rate established by Public Act
3877+11 96-1530 of the 96th General Assembly and funded by the
3878+12 assessment imposed under Section 5B-2 of this Code shall be
3879+13 due and payable until after the Department notifies the
3880+14 long-term care providers, in writing, that the payment
3881+15 methodologies to long-term care providers required under this
3882+16 Section have been approved by the Centers for Medicare and
3883+17 Medicaid Services of the U.S. Department of Health and Human
3884+18 Services and the waivers under 42 CFR 433.68 for the
3885+19 assessment imposed by this Section, if necessary, have been
3886+20 granted by the Centers for Medicare and Medicaid Services of
3887+21 the U.S. Department of Health and Human Services. Upon
3888+22 notification to the Department of approval of the payment
3889+23 methodologies required under this Section and the waivers
3890+24 granted under 42 CFR 433.68, all increased payments otherwise
3891+25 due under this Section prior to the date of notification shall
3892+26 be due and payable within 90 days of the date federal approval
3893+
3894+
3895+
3896+
3897+
3898+ HB4959 Enrolled - 110 - LRB103 36303 SPS 66401 b
3899+
3900+
3901+HB4959 Enrolled- 111 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 111 - LRB103 36303 SPS 66401 b
3902+ HB4959 Enrolled - 111 - LRB103 36303 SPS 66401 b
3903+1 is received.
3904+2 On and after July 1, 2012, the Department shall reduce any
3905+3 rate of reimbursement for services or other payments or alter
3906+4 any methodologies authorized by this Code to reduce any rate
3907+5 of reimbursement for services or other payments in accordance
3908+6 with Section 5-5e.
3909+7 For facilities licensed by the Department of Public Health
3910+8 under the ID/DD Community Care Act as ID/DD Facilities and
3911+9 under the MC/DD Act as MC/DD Facilities, subject to federal
3912+10 approval, the rates taking effect for services delivered on or
3913+11 after August 1, 2019 shall be increased by 3.5% over the rates
3914+12 in effect on June 30, 2019. The Department shall adopt rules,
3915+13 including emergency rules under subsection (ii) of Section
3916+14 5-45 of the Illinois Administrative Procedure Act, to
3917+15 implement the provisions of this Section, including wage
3918+16 increases for direct care staff.
3919+17 For facilities licensed by the Department of Public Health
3920+18 under the ID/DD Community Care Act as ID/DD Facilities and
3921+19 under the MC/DD Act as MC/DD Facilities, subject to federal
3922+20 approval, the rates taking effect on the latter of the
3923+21 approval date of the State Plan Amendment for these facilities
3924+22 or the Waiver Amendment for the home and community-based
3925+23 services settings shall include an increase sufficient to
3926+24 provide a $0.26 per hour wage increase to the base wage for
3927+25 non-executive staff. The Department shall adopt rules,
3928+26 including emergency rules as authorized by Section 5-45 of the
3929+
3930+
3931+
3932+
3933+
3934+ HB4959 Enrolled - 111 - LRB103 36303 SPS 66401 b
3935+
3936+
3937+HB4959 Enrolled- 112 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 112 - LRB103 36303 SPS 66401 b
3938+ HB4959 Enrolled - 112 - LRB103 36303 SPS 66401 b
3939+1 Illinois Administrative Procedure Act, to implement the
3940+2 provisions of this Section, including wage increases for
3941+3 direct care staff.
3942+4 For facilities licensed by the Department of Public Health
3943+5 under the ID/DD Community Care Act as ID/DD Facilities and
3944+6 under the MC/DD Act as MC/DD Facilities, subject to federal
3945+7 approval of the State Plan Amendment and the Waiver Amendment
3946+8 for the home and community-based services settings, the rates
3947+9 taking effect for the services delivered on or after July 1,
3948+10 2020 shall include an increase sufficient to provide a $1.00
3949+11 per hour wage increase for non-executive staff. For services
3950+12 delivered on or after January 1, 2021, subject to federal
3951+13 approval of the State Plan Amendment and the Waiver Amendment
3952+14 for the home and community-based services settings, shall
3953+15 include an increase sufficient to provide a $0.50 per hour
3954+16 increase for non-executive staff. The Department shall adopt
3955+17 rules, including emergency rules as authorized by Section 5-45
3956+18 of the Illinois Administrative Procedure Act, to implement the
3957+19 provisions of this Section, including wage increases for
3958+20 direct care staff.
3959+21 For facilities licensed by the Department of Public Health
3960+22 under the ID/DD Community Care Act as ID/DD Facilities and
3961+23 under the MC/DD Act as MC/DD Facilities, subject to federal
3962+24 approval of the State Plan Amendment, the rates taking effect
3963+25 for the residential services delivered on or after July 1,
3964+26 2021, shall include an increase sufficient to provide a $0.50
3965+
3966+
3967+
3968+
3969+
3970+ HB4959 Enrolled - 112 - LRB103 36303 SPS 66401 b
3971+
3972+
3973+HB4959 Enrolled- 113 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 113 - LRB103 36303 SPS 66401 b
3974+ HB4959 Enrolled - 113 - LRB103 36303 SPS 66401 b
3975+1 per hour increase for aides in the rate methodology. For
3976+2 facilities licensed by the Department of Public Health under
3977+3 the ID/DD Community Care Act as ID/DD Facilities and under the
3978+4 MC/DD Act as MC/DD Facilities, subject to federal approval of
3979+5 the State Plan Amendment, the rates taking effect for the
3980+6 residential services delivered on or after January 1, 2022
3981+7 shall include an increase sufficient to provide a $1.00 per
3982+8 hour increase for aides in the rate methodology. In addition,
3983+9 for residential services delivered on or after January 1, 2022
3984+10 such rates shall include an increase sufficient to provide
3985+11 wages for all residential non-executive direct care staff,
3986+12 excluding aides, at the federal Department of Labor, Bureau of
3987+13 Labor Statistics' average wage as defined in rule by the
3988+14 Department. The Department shall adopt rules, including
3989+15 emergency rules as authorized by Section 5-45 of the Illinois
3990+16 Administrative Procedure Act, to implement the provisions of
3991+17 this Section.
3992+18 For facilities licensed by the Department of Public Health
3993+19 under the ID/DD Community Care Act as ID/DD facilities and
3994+20 under the MC/DD Act as MC/DD facilities, subject to federal
3995+21 approval of the State Plan Amendment, the rates taking effect
3996+22 for services delivered on or after January 1, 2023, shall
3997+23 include a $1.00 per hour wage increase for all direct support
3998+24 personnel and all other frontline personnel who are not
3999+25 subject to the Bureau of Labor Statistics' average wage
4000+26 increases, who work in residential and community day services
4001+
4002+
4003+
4004+
4005+
4006+ HB4959 Enrolled - 113 - LRB103 36303 SPS 66401 b
4007+
4008+
4009+HB4959 Enrolled- 114 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 114 - LRB103 36303 SPS 66401 b
4010+ HB4959 Enrolled - 114 - LRB103 36303 SPS 66401 b
4011+1 settings, with at least $0.50 of those funds to be provided as
4012+2 a direct increase to all aide base wages, with the remaining
4013+3 $0.50 to be used flexibly for base wage increases to the rate
4014+4 methodology for aides. In addition, for residential services
4015+5 delivered on or after January 1, 2023 the rates shall include
4016+6 an increase sufficient to provide wages for all residential
4017+7 non-executive direct care staff, excluding aides, at the
4018+8 federal Department of Labor, Bureau of Labor Statistics'
4019+9 average wage as determined by the Department. Also, for
4020+10 services delivered on or after January 1, 2023, the rates will
4021+11 include adjustments to employment-related expenses as defined
4022+12 in rule by the Department. The Department shall adopt rules,
4023+13 including emergency rules as authorized by Section 5-45 of the
4024+14 Illinois Administrative Procedure Act, to implement the
4025+15 provisions of this Section.
4026+16 For facilities licensed by the Department of Public Health
4027+17 under the ID/DD Community Care Act as ID/DD facilities and
4028+18 under the MC/DD Act as MC/DD facilities, subject to federal
4029+19 approval of the State Plan Amendment, the rates taking effect
4030+20 for services delivered on or after January 1, 2024 shall
4031+21 include a $2.50 per hour wage increase for all direct support
4032+22 personnel and all other frontline personnel who are not
4033+23 subject to the Bureau of Labor Statistics' average wage
4034+24 increases and who work in residential and community day
4035+25 services settings. At least $1.25 of the per hour wage
4036+26 increase shall be provided as a direct increase to all aide
4037+
4038+
4039+
4040+
4041+
4042+ HB4959 Enrolled - 114 - LRB103 36303 SPS 66401 b
4043+
4044+
4045+HB4959 Enrolled- 115 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 115 - LRB103 36303 SPS 66401 b
4046+ HB4959 Enrolled - 115 - LRB103 36303 SPS 66401 b
4047+1 base wages, and the remaining $1.25 of the per hour wage
4048+2 increase shall be used flexibly for base wage increases to the
4049+3 rate methodology for aides. In addition, for residential
4050+4 services delivered on or after January 1, 2024, the rates
4051+5 shall include an increase sufficient to provide wages for all
4052+6 residential non-executive direct care staff, excluding aides,
4053+7 at the federal Department of Labor, Bureau of Labor
4054+8 Statistics' average wage as determined by the Department.
4055+9 Also, for services delivered on or after January 1, 2024, the
4056+10 rates will include adjustments to employment-related expenses
4057+11 as defined in rule by the Department. The Department shall
4058+12 adopt rules, including emergency rules as authorized by
4059+13 Section 5-45 of the Illinois Administrative Procedure Act, to
4060+14 implement the provisions of this Section.
4061+15 For facilities licensed by the Department of Public Health
4062+16 under the ID/DD Community Care Act as ID/DD facilities and
4063+17 under the MC/DD Act as MC/DD facilities, subject to federal
4064+18 approval of a State Plan Amendment, the rates taking effect
4065+19 for services delivered on or after January 1, 2025 shall
4066+20 include a $1.00 per hour wage increase for all direct support
4067+21 personnel and all other frontline personnel who are not
4068+22 subject to the Bureau of Labor Statistics' average wage
4069+23 increases and who work in residential and community day
4070+24 services settings, with at least $0.75 of those funds to be
4071+25 provided as a direct increase to all aide base wages and the
4072+26 remaining $0.25 to be used flexibly for base wage increases to
4073+
4074+
4075+
4076+
4077+
4078+ HB4959 Enrolled - 115 - LRB103 36303 SPS 66401 b
4079+
4080+
4081+HB4959 Enrolled- 116 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 116 - LRB103 36303 SPS 66401 b
4082+ HB4959 Enrolled - 116 - LRB103 36303 SPS 66401 b
4083+1 the rate methodology for aides. These increases shall not be
4084+2 used by facilities for operational and administrative
4085+3 expenses. In addition, for residential services delivered on
4086+4 or after January 1, 2025, the rates shall include an increase
4087+5 sufficient to provide wages for all residential non-executive
4088+6 direct care staff, excluding aides, at the federal Department
4089+7 of Labor, Bureau of Labor Statistics' average wage as
4090+8 determined by the Department. Also, for services delivered on
4091+9 or after January 1, 2025, the rates will include adjustments
4092+10 to employment-related expenses as defined in rule by the
4093+11 Department. The Department shall adopt rules, including
4094+12 emergency rules as authorized by Section 5-45 of the Illinois
4095+13 Administrative Procedure Act, to implement the provisions of
4096+14 this Section.
4097+15 Notwithstanding any other provision of this Section to the
4098+16 contrary, any regional wage adjuster for facilities located
4099+17 outside of the counties of Cook, DuPage, Kane, Lake, McHenry,
4100+18 and Will shall be no lower than 1.00, and any regional wage
4101+19 adjuster for facilities located within the counties of Cook,
4102+20 DuPage, Kane, Lake, McHenry, and Will shall be no lower than
4103+21 1.15.
4104+22 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
4105+23 103-8, eff. 6-7-23.)
4106+24 Section 3-55. The Homelessness Prevention Act is amended
4107+25 by changing Section 12.5 as follows:
4108+
4109+
4110+
4111+
4112+
4113+ HB4959 Enrolled - 116 - LRB103 36303 SPS 66401 b
4114+
4115+
4116+HB4959 Enrolled- 117 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 117 - LRB103 36303 SPS 66401 b
4117+ HB4959 Enrolled - 117 - LRB103 36303 SPS 66401 b
4118+1 (310 ILCS 70/12.5)
4119+2 Sec. 12.5. Administrative costs and case management
4120+3 expenses. On an annual basis, a grantee's administrative costs
4121+4 and case management expenses shall not exceed 20% 15% of the
4122+5 grant amount it receives under the Act.
4123+6 (Source: P.A. 101-280, eff. 1-1-20.)
4124+7 Section 3-57. The Environmental Protection Act is amended
4125+8 by adding Section 9.20 as follows:
4126+9 (415 ILCS 5/9.20 new)
4127+10 Sec. 9.20. Fleet Electrification Incentive Program.
4128+11 (a) In this Section:
4129+12 "Eligible electric vehicle" means an electric truck or
4130+13 electric school bus categorized by the United States
4131+14 Environmental Protection Agency Emissions Classifications,
4132+15 using gross vehicle weight ratings, as a Class 2b, 3, 4, 5, 6,
4133+16 7, or 8 vehicle, with or without a properly ventilated,
4134+17 conventionally powered heater.
4135+18 "Eligible purchaser" means a person who the Agency
4136+19 determines:
4137+20 (1) is the purchaser of an eligible electric vehicle
4138+21 that is registered in this State or recognized under the
4139+22 International Registration Plan;
4140+23 (2) is domiciled in this State;
4141+
4142+
4143+
4144+
4145+
4146+ HB4959 Enrolled - 117 - LRB103 36303 SPS 66401 b
4147+
4148+
4149+HB4959 Enrolled- 118 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 118 - LRB103 36303 SPS 66401 b
4150+ HB4959 Enrolled - 118 - LRB103 36303 SPS 66401 b
4151+1 (3) in the case of a purchaser who is the lessee of an
4152+2 eligible electric vehicle, is the lessee of the vehicle
4153+3 for a term of at least 60 months; and
4154+4 (4) has demonstrated, to the satisfaction of the
4155+5 Agency, that the eligible electric vehicle will operate
4156+6 within the State for at least 80% of its operational hours
4157+7 once purchased and delivered.
4158+8 "Equity investment eligible community" has the meaning
4159+9 given in the Energy Transition Act.
4160+10 "Program" means the Fleet Electrification Incentive
4161+11 Program established under this Section.
4162+12 "Purchaser" means a fleet owner, operator, or provider
4163+13 that will operate or manage the vehicle for a minimum of 5
4164+14 years after receipt of the vehicle, whether through lease or
4165+15 direct purchase.
4166+16 (b) To promote the use of eligible electric vehicles and
4167+17 to increase access to federal funding programs, the Agency
4168+18 shall establish, by rule, a Fleet Electrification Incentive
4169+19 Program through which it provides eligible purchasers a grant
4170+20 of up to the following base amounts for the purchase of an
4171+21 eligible electric vehicle:
4172+22 (1) $7,500 for a Class 2b vehicle;
4173+23 (2) $45,000 for a Class 3 vehicle;
4174+24 (3) $60,000 for a Class 4 or Class 5 vehicle;
4175+25 (4) $85,000 for a Class 6 or Class 7 vehicle; and
4176+26 (5) $120,000 for a Class 8 vehicle.
4177+
4178+
4179+
4180+
4181+
4182+ HB4959 Enrolled - 118 - LRB103 36303 SPS 66401 b
4183+
4184+
4185+HB4959 Enrolled- 119 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 119 - LRB103 36303 SPS 66401 b
4186+ HB4959 Enrolled - 119 - LRB103 36303 SPS 66401 b
4187+1 In addition, the Agency shall offer increased grant
4188+2 incentives of an additional 65% of the base amount for the
4189+3 purchase of a school bus that will serve a public school
4190+4 district.
4191+5 (c) The Agency shall award grants under the Program to
4192+6 eligible purchasers on a competitive basis according to the
4193+7 availability of funding. The Agency shall use a points-based
4194+8 quantitative evaluation to be determined by the Agency by
4195+9 rule.
4196+10 The Agency shall award additional points to an application
4197+11 from an eligible purchaser whose eligible electric vehicles
4198+12 are to be domiciled in an equity investment eligible
4199+13 community.
4200+14 The Agency shall also award additional points to an
4201+15 eligible purchaser who has negotiated and entered into a
4202+16 collective bargaining agreement at the time of application for
4203+17 the grant.
4204+18 (d) A grant provided under the Program is limited to a
4205+19 maximum award of 80% of the purchase price per eligible
4206+20 electric vehicle. Multiple eligible electric vehicles may be
4207+21 included in each grant under the Program. An eligible
4208+22 purchaser may be awarded multiple grants under the Program;
4209+23 however, the Agency shall have the authority to implement, by
4210+24 rule, a limit on the number of grants awarded to each
4211+25 purchaser.
4212+26 (e) An eligible purchaser shall enter into a grant
4213+
4214+
4215+
4216+
4217+
4218+ HB4959 Enrolled - 119 - LRB103 36303 SPS 66401 b
4219+
4220+
4221+HB4959 Enrolled- 120 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 120 - LRB103 36303 SPS 66401 b
4222+ HB4959 Enrolled - 120 - LRB103 36303 SPS 66401 b
4223+1 agreement with the Agency upon notification from the Agency
4224+2 that the eligible purchaser's application has been approved.
4225+3 Grants under this Section shall be provided by the Agency with
4226+4 the submittal of a paid invoice for reimbursement. An eligible
4227+5 purchaser participating in the Program shall retain ownership
4228+6 of the eligible electric vehicle and meet all applicable
4229+7 project requirements for a minimum 5-year period after the
4230+8 date the eligible purchaser receives the vehicle. Resale of an
4231+9 eligible electric vehicle may be allowed within the 5-year
4232+10 period if necessitated by unforeseen or unavoidable
4233+11 circumstances with approval from the Agency. The Agency shall
4234+12 ensure the resale of an eligible electric vehicle serving a
4235+13 public school or located within an equity investment eligible
4236+14 community shall result in the vehicle servicing a similarly
4237+15 situated community.
4238+16 (f) The deployment of the eligible electric vehicle in the
4239+17 purchaser's fleet is required within 24 months after receipt
4240+18 of notice of approval of the purchaser's Program application.
4241+19 Total completion of the project for which the eligible
4242+20 electric vehicle is purchased or leased must occur within 36
4243+21 months after receipt of grant funds under the Program.
4244+22 (g) A grant under this Section may be combined with other
4245+23 public incentives to support fleet purchasing decisions.
4246+24 Receipt of any other public incentive for an eligible electric
4247+25 vehicle shall not preclude a purchaser from being awarded a
4248+26 grant under this Section. However, the combined total of
4249+
4250+
4251+
4252+
4253+
4254+ HB4959 Enrolled - 120 - LRB103 36303 SPS 66401 b
4255+
4256+
4257+HB4959 Enrolled- 121 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 121 - LRB103 36303 SPS 66401 b
4258+ HB4959 Enrolled - 121 - LRB103 36303 SPS 66401 b
4259+1 governmental incentives, including, but not limited to, tax
4260+2 credits, grants, or vouchers, shall not exceed 80% of the
4261+3 purchase price of the vehicle.
4262+4 (h) The Agency shall set aside 20% of the appropriated
4263+5 funds under the Program for grants to the eligible purchaser
4264+6 of an electric school bus.
4265+7 (i) All awards granted under this Section are subject to
4266+8 appropriation by the General Assembly.
4267+9 Section 3-60. The Open Space Lands Acquisition and
4268+10 Development Act is amended by adding Section 11.1 as follows:
4269+11 (525 ILCS 35/11.1 new)
4270+12 Sec. 11.1. Distressed Local Government Report. No later
4271+13 than March 31, 2025, the Department shall prepare and submit a
4272+14 report to the General Assembly evaluating distressed local
4273+15 governments that received grants under this Act in Fiscal
4274+16 Years 2023, 2024, and 2025. The report shall include the
4275+17 following, at a minimum:
4276+18 (1) a list of the local governments that applied for
4277+19 grants in each fiscal year;
4278+20 (2) a list of the local governments awarded grants and
4279+21 the amount awarded;
4280+22 (3) each grant recipient's total budget;
4281+23 (4) each grant recipient's population;
4282+24 (5) a description of whether the grant recipient
4283+
4284+
4285+
4286+
4287+
4288+ HB4959 Enrolled - 121 - LRB103 36303 SPS 66401 b
4289+
4290+
4291+HB4959 Enrolled- 122 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 122 - LRB103 36303 SPS 66401 b
4292+ HB4959 Enrolled - 122 - LRB103 36303 SPS 66401 b
4293+1 previously received a grant under this Act and, if so, the
4294+2 number of times and whether the local government provided
4295+3 a 50/50 or 90/10 match;
4296+4 (6) a description of whether the project was in a
4297+5 location designated as a disadvantaged community on the
4298+6 Climate and Economic Justice Screening Tool created by the
4299+7 Chair of the Council on Environmental Quality under
4300+8 subsection (a) of Section 222 of Presidential Executive
4301+9 Order 14008 "Tackling the Climate Crisis at Home and
4302+10 Abroad"; and
4303+11 (7) a description of the Department's criteria for
4304+12 waiving the matching criteria for distressed local
4305+13 government grant recipients in fiscal year 2025 that
4306+14 demonstrated their inability to provide any local match.
4307+15 Article 5.
4308+16 Section 5-5. The Illinois Act on the Aging is amended by
4309+17 adding Section 4.01b as follows:
4310+18 (20 ILCS 105/4.01b new)
4311+19 Sec. 4.01b. Indirect cost funds. The Department has the
4312+20 authority to apply for, accept, receive, expend, and
4313+21 administer on behalf of the State any indirect cost
4314+22 reimbursements, funds, or anything else of value made
4315+23 available to the Department from any source for assistance
4316+
4317+
4318+
4319+
4320+
4321+ HB4959 Enrolled - 122 - LRB103 36303 SPS 66401 b
4322+
4323+
4324+HB4959 Enrolled- 123 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 123 - LRB103 36303 SPS 66401 b
4325+ HB4959 Enrolled - 123 - LRB103 36303 SPS 66401 b
4326+1 with programmatic activities or administrative costs related
4327+2 to the Department's programs. Any federal indirect cost
4328+3 reimbursements received by the Department pursuant to this
4329+4 Section shall be deposited into the Department on Aging
4330+5 Federal Indirect Cost Fund, and such moneys shall be expended,
4331+6 subject to appropriation, only for authorized purposes.
4332+7 Section 5-10. The Department of Commerce and Economic
4333+8 Opportunity Law of the Civil Administrative Code of Illinois
4334+9 is amended by changing Sections 605-55, 605-420, and 605-515
4335+10 and by adding Section 605-60 as follows:
4336+11 (20 ILCS 605/605-55) (was 20 ILCS 605/46.21)
4337+12 Sec. 605-55. Contracts and other acts to accomplish
4338+13 Department's duties. To make and enter into contracts,
4339+14 including but not limited to making grants and loans to units
4340+15 of local government, private agencies as defined in the
4341+16 Illinois State Auditing Act, non-profit corporations,
4342+17 educational institutions, and for-profit businesses as
4343+18 authorized pursuant to appropriations by the General Assembly
4344+19 from the Build Illinois Bond Fund, the Rebuild Illinois
4345+20 Projects Fund, the Fund for Illinois' Future, the Capital
4346+21 Development Fund, and the General Revenue Fund, and, for
4347+22 Fiscal Year 2023 only, the Chicago Travel Industry Promotion
4348+23 Fund, and generally to do all things that, in its judgment, may
4349+24 be necessary, proper, and expedient in accomplishing its
4350+
4351+
4352+
4353+
4354+
4355+ HB4959 Enrolled - 123 - LRB103 36303 SPS 66401 b
4356+
4357+
4358+HB4959 Enrolled- 124 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 124 - LRB103 36303 SPS 66401 b
4359+ HB4959 Enrolled - 124 - LRB103 36303 SPS 66401 b
4360+1 duties.
4361+2 (Source: P.A. 102-699, eff. 4-19-22.)
4362+3 (20 ILCS 605/605-60 new)
4363+4 Sec. 605-60. DCEO Projects Fund. The DCEO Projects Fund is
4364+5 created as a trust fund in the State treasury. The Department
4365+6 is authorized to accept and deposit into the Fund moneys
4366+7 received from any gifts, grants, transfers, or other sources,
4367+8 public or private, unless deposit into a different fund is
4368+9 otherwise mandated. Subject to appropriation, the Department
4369+10 shall use moneys in the Fund to make grants or loans to and
4370+11 enter into contracts with units of local government, local and
4371+12 regional economic development corporations, and not-for-profit
4372+13 organizations for municipal development projects, for the
4373+14 specific purposes established by the terms and conditions of
4374+15 the gift, grant, or award, and for related administrative
4375+16 expenses. As used in this Section, the term "municipal
4376+17 development projects" includes, but is not limited to, grants
4377+18 for reducing food insecurity in urban and rural areas.
4378+19 (20 ILCS 605/605-420) (was 20 ILCS 605/46.75)
4379+20 Sec. 605-420. Workforce, Technology, and Economic
4380+21 Development Fund.
4381+22 (a) The Department may accept gifts, grants, awards,
4382+23 matching contributions, interest income, appropriations, and
4383+24 cost sharings from individuals, businesses, governments, and
4384+
4385+
4386+
4387+
4388+
4389+ HB4959 Enrolled - 124 - LRB103 36303 SPS 66401 b
4390+
4391+
4392+HB4959 Enrolled- 125 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 125 - LRB103 36303 SPS 66401 b
4393+ HB4959 Enrolled - 125 - LRB103 36303 SPS 66401 b
4394+1 other third-party sources, on terms that the Director deems
4395+2 advisable, for any or all of the following purposes:
4396+3 (1) (Blank);
4397+4 (2) to assist economically disadvantaged and other
4398+5 youth to make a successful transition from school to work;
4399+6 (3) to assist other individuals targeted for services
4400+7 through education, training, and workforce development
4401+8 programs to obtain employment-related skills and obtain
4402+9 employment;
4403+10 (4) to identify, develop, commercialize, or promote
4404+11 technology within the State; and
4405+12 (5) to promote economic development within the State.
4406+13 (b) The Workforce, Technology, and Economic Development
4407+14 Fund is created as a special fund in the State Treasury. All On
4408+15 September 1, 2000, or as soon thereafter as may be reasonably
4409+16 practicable, the State Comptroller shall transfer from the
4410+17 Fund into the Title III Social Security and Employment Fund
4411+18 all moneys that were received for the purposes of Section
4412+19 403(a)(5) of the federal Social Security Act and remain
4413+20 unobligated on that date. Beginning on the effective date of
4414+21 this amendatory Act of the 92nd General Assembly, all moneys
4415+22 received under this Section for the purposes of Section
4416+23 403(a)(5) of the federal Social Security Act, except moneys
4417+24 that may be necessary to pay liabilities outstanding as of
4418+25 June 30, 2000, shall be deposited into the Title III Social
4419+26 Security and Employment Fund, and all other moneys received
4420+
4421+
4422+
4423+
4424+
4425+ HB4959 Enrolled - 125 - LRB103 36303 SPS 66401 b
4426+
4427+
4428+HB4959 Enrolled- 126 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 126 - LRB103 36303 SPS 66401 b
4429+ HB4959 Enrolled - 126 - LRB103 36303 SPS 66401 b
4430+1 under this Section shall be deposited into the Workforce,
4431+2 Technology, and Economic Development Fund.
4432+3 Moneys received under this Section are subject to
4433+4 appropriation by the General Assembly may be expended for
4434+5 purposes consistent with the conditions under which those
4435+6 moneys were are received, including, but not limited to, the
4436+7 making of grants and any other purpose authorized by law
4437+8 subject to appropriations made by the General Assembly for
4438+9 those purposes.
4439+10 (Source: P.A. 91-34, eff. 7-1-99; 91-704, eff. 7-1-00; 92-298,
4440+11 eff. 8-9-01.)
4441+12 (20 ILCS 605/605-515) (was 20 ILCS 605/46.13a)
4442+13 Sec. 605-515. Environmental Regulatory Assistance Program.
4443+14 (a) In this Section, except where the context clearly
4444+15 requires otherwise, "small business stationary source" means a
4445+16 business that is owned or operated by a person that employs 100
4446+17 or fewer individuals; is a small business; is not a major
4447+18 stationary source as defined in Titles I and III of the federal
4448+19 1990 Clean Air Act Amendments; does not emit 50 tons or more
4449+20 per year of any regulated pollutant (as defined under the
4450+21 federal Clean Air Act); and emits less than 75 tons per year of
4451+22 all regulated pollutants.
4452+23 (b) The Department may:
4453+24 (1) Provide access to technical and compliance
4454+25 information for Illinois firms, including small and middle
4455+
4456+
4457+
4458+
4459+
4460+ HB4959 Enrolled - 126 - LRB103 36303 SPS 66401 b
4461+
4462+
4463+HB4959 Enrolled- 127 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 127 - LRB103 36303 SPS 66401 b
4464+ HB4959 Enrolled - 127 - LRB103 36303 SPS 66401 b
4465+1 market companies, to facilitate local business compliance
4466+2 with the federal, State, and local environmental
4467+3 regulations.
4468+4 (2) Coordinate and enter into cooperative agreements
4469+5 with a State ombudsman office, which shall be established
4470+6 in accordance with the federal 1990 Clean Air Act
4471+7 Amendments to provide direct oversight to the program
4472+8 established under that Act.
4473+9 (3) Enter into contracts, cooperative agreements, and
4474+10 financing agreements and establish and collect charges and
4475+11 fees necessary or incidental to the performance of duties
4476+12 and the execution of powers under this Section.
4477+13 (4) Accept and expend, subject to appropriation,
4478+14 gifts, grants, awards, funds, contributions, charges,
4479+15 fees, and other financial or nonfinancial aid from
4480+16 federal, State, and local governmental agencies,
4481+17 businesses, educational agencies, not-for-profit
4482+18 organizations, and other entities, for the purposes of
4483+19 this Section.
4484+20 (5) Establish, staff, and administer programs and
4485+21 services and adopt such rules and regulations necessary to
4486+22 carry out the intent of this Section and Section 507,
4487+23 "Small Business Stationary Source Technical and
4488+24 Environmental Compliance Assistance Program", of the
4489+25 federal 1990 Clean Air Act Amendments.
4490+26 (c) The Department's environmental compliance programs and
4491+
4492+
4493+
4494+
4495+
4496+ HB4959 Enrolled - 127 - LRB103 36303 SPS 66401 b
4497+
4498+
4499+HB4959 Enrolled- 128 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 128 - LRB103 36303 SPS 66401 b
4500+ HB4959 Enrolled - 128 - LRB103 36303 SPS 66401 b
4501+1 services for businesses may include, but need not be limited
4502+2 to, the following:
4503+3 (1) Communication and outreach services to or on
4504+4 behalf of individual companies, including collection and
4505+5 compilation of appropriate information on regulatory
4506+6 compliance issues and control technologies, and
4507+7 dissemination of that information through publications,
4508+8 direct mailings, electronic communications, conferences,
4509+9 workshops, one-on-one counseling, and other means of
4510+10 technical assistance.
4511+11 (2) Provision of referrals and access to technical
4512+12 assistance, pollution prevention and facility audits, and
4513+13 otherwise serving as an information clearinghouse on
4514+14 pollution prevention through the coordination of the
4515+15 Illinois Sustainable Technology Center of the University
4516+16 of Illinois. In addition, environmental and regulatory
4517+17 compliance issues and techniques, which may include
4518+18 business rights and responsibilities, applicable
4519+19 permitting and compliance requirements, compliance methods
4520+20 and acceptable control technologies, release detection,
4521+21 and other applicable information may be provided.
4522+22 (3) Coordination with and provision of administrative
4523+23 and logistical support to the State Compliance Advisory
4524+24 Panel.
4525+25 (d) There is hereby created a special fund in the State
4526+26 Treasury to be known as the Small Business Environmental
4527+
4528+
4529+
4530+
4531+
4532+ HB4959 Enrolled - 128 - LRB103 36303 SPS 66401 b
4533+
4534+
4535+HB4959 Enrolled- 129 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 129 - LRB103 36303 SPS 66401 b
4536+ HB4959 Enrolled - 129 - LRB103 36303 SPS 66401 b
4537+1 Assistance Fund. Monies received under subdivision (b)(4) of
4538+2 this Section shall be deposited into the Fund.
4539+3 Monies in the Small Business Environmental Assistance Fund
4540+4 may be used, subject to appropriation, only for the purposes
4541+5 authorized by this Section.
4542+6 (e) Subject to appropriation, the Department may use
4543+7 moneys from the Clean Air Act Permit Fund for the purposes
4544+8 authorized by this Section.
4545+9 (Source: P.A. 98-346, eff. 8-14-13.)
4546+10 Section 5-15. The Renewable Energy, Energy Efficiency, and
4547+11 Coal Resources Development Law of 1997 is amended by changing
4548+12 Section 6-6 as follows:
4549+13 (20 ILCS 687/6-6)
4550+14 (Section scheduled to be repealed on December 31, 2025)
4551+15 Sec. 6-6. Energy efficiency program.
4552+16 (a) For the year beginning January 1, 1998, and thereafter
4553+17 as provided in this Section, each electric utility as defined
4554+18 in Section 3-105 of the Public Utilities Act and each
4555+19 alternative retail electric supplier as defined in Section
4556+20 16-102 of the Public Utilities Act supplying electric power
4557+21 and energy to retail customers located in the State of
4558+22 Illinois shall contribute annually a pro rata share of a total
4559+23 amount of $3,000,000 based upon the number of kilowatt-hours
4560+24 sold by each such entity in the 12 months preceding the year of
4561+
4562+
4563+
4564+
4565+
4566+ HB4959 Enrolled - 129 - LRB103 36303 SPS 66401 b
4567+
4568+
4569+HB4959 Enrolled- 130 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 130 - LRB103 36303 SPS 66401 b
4570+ HB4959 Enrolled - 130 - LRB103 36303 SPS 66401 b
4571+1 contribution. On or before May 1 of each year, the Illinois
4572+2 Commerce Commission shall determine and notify the Agency of
4573+3 the pro rata share owed by each electric utility and each
4574+4 alternative retail electric supplier based upon information
4575+5 supplied annually to the Illinois Commerce Commission. On or
4576+6 before June 1 of each year, the Agency shall send written
4577+7 notification to each electric utility and each alternative
4578+8 retail electric supplier of the amount of pro rata share they
4579+9 owe. These contributions shall be remitted to the Illinois
4580+10 Environmental Protection Agency on or before June 30 of each
4581+11 year the contribution is due on a return prescribed and
4582+12 furnished by the Illinois Environmental Protection Agency
4583+13 showing such information as the Illinois Environmental
4584+14 Protection Agency may reasonably require. The funds received
4585+15 pursuant to this Section shall be subject to the appropriation
4586+16 of funds by the General Assembly. The Illinois Environmental
4587+17 Protection Agency shall place the funds remitted under this
4588+18 Section in a trust fund, that is hereby created in the State
4589+19 Treasury, called the Energy Efficiency Trust Fund. If an
4590+20 electric utility or alternative retail electric supplier does
4591+21 not remit its pro rata share to the Illinois Environmental
4592+22 Protection Agency, the Illinois Environmental Protection
4593+23 Agency must inform the Illinois Commerce Commission of such
4594+24 failure. The Illinois Commerce Commission may then revoke the
4595+25 certification of that electric utility or alternative retail
4596+26 electric supplier. The Illinois Commerce Commission may not
4597+
4598+
4599+
4600+
4601+
4602+ HB4959 Enrolled - 130 - LRB103 36303 SPS 66401 b
4603+
4604+
4605+HB4959 Enrolled- 131 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 131 - LRB103 36303 SPS 66401 b
4606+ HB4959 Enrolled - 131 - LRB103 36303 SPS 66401 b
4607+1 renew the certification of any electric utility or alternative
4608+2 retail electric supplier that is delinquent in paying its pro
4609+3 rata share. These changes made to this subsection (a) by
4610+4 Public Act 103-363 this amendatory Act of the 103rd General
4611+5 Assembly apply beginning July 1, 2023.
4612+6 (b) The Agency shall disburse the moneys in the Energy
4613+7 Efficiency Trust Fund to benefit residential electric
4614+8 customers through projects which the Agency has determined
4615+9 will promote energy efficiency in the State of Illinois and to
4616+10 pay the associated operational expenses of the Agency in
4617+11 administering the grant program. The Agency Department of
4618+12 Commerce and Economic Opportunity shall establish a list of
4619+13 projects eligible for grants from the Energy Efficiency Trust
4620+14 Fund including, but not limited to, supporting energy
4621+15 efficiency efforts for low-income households, replacing energy
4622+16 inefficient windows with more efficient windows, replacing
4623+17 energy inefficient appliances with more efficient appliances,
4624+18 replacing energy inefficient lighting with more efficient
4625+19 lighting, insulating dwellings and buildings, using market
4626+20 incentives to encourage energy efficiency, and such other
4627+21 projects which will increase energy efficiency in homes and
4628+22 rental properties.
4629+23 (c) The Agency may, by administrative rule, establish
4630+24 criteria and an application process for this grant program.
4631+25 (d) (Blank).
4632+26 (e) (Blank).
4633+
4634+
4635+
4636+
4637+
4638+ HB4959 Enrolled - 131 - LRB103 36303 SPS 66401 b
4639+
4640+
4641+HB4959 Enrolled- 132 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 132 - LRB103 36303 SPS 66401 b
4642+ HB4959 Enrolled - 132 - LRB103 36303 SPS 66401 b
4643+1 (Source: P.A. 102-444, eff. 8-20-21; 103-363, eff. 7-28-23.)
4644+2 Section 5-17. The Department of Natural Resources
4645+3 (Conservation) Law of the Civil Administrative Code of
4646+4 Illinois is amended by changing Section 805-305 as follows:
4647+5 (20 ILCS 805/805-305) (was 20 ILCS 805/63a23)
4648+6 Sec. 805-305. Campsites and housing facilities.
4649+7 (a) The Department has the power to provide facilities for
4650+8 overnight tent and trailer campsites and to provide suitable
4651+9 housing facilities for student and juvenile overnight camping
4652+10 groups. The Department of Natural Resources may regulate, by
4653+11 administrative order, the fees to be charged for tent and
4654+12 trailer camping units at individual park areas based upon the
4655+13 facilities available.
4656+14 (b) However, for campsites with access to showers or
4657+15 electricity, any Illinois resident who is age 62 or older or
4658+16 has a Class 2 disability as defined in Section 4A of the
4659+17 Illinois Identification Card Act shall be charged only
4660+18 one-half of the camping fee charged to the general public
4661+19 during the period Monday through Thursday of any week and
4662+20 shall be charged the same camping fee as the general public on
4663+21 all other days. For campsites without access to showers or
4664+22 electricity, no camping fee authorized by this Section shall
4665+23 be charged to any resident of Illinois who has a Class 2
4666+24 disability as defined in Section 4A of the Illinois
4667+
4668+
4669+
4670+
4671+
4672+ HB4959 Enrolled - 132 - LRB103 36303 SPS 66401 b
4673+
4674+
4675+HB4959 Enrolled- 133 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 133 - LRB103 36303 SPS 66401 b
4676+ HB4959 Enrolled - 133 - LRB103 36303 SPS 66401 b
4677+1 Identification Card Act. For campsites without access to
4678+2 showers or electricity, no camping fee authorized by this
4679+3 Section shall be charged to any resident of Illinois who is age
4680+4 62 or older for the use of a campsite unit during the period
4681+5 Monday through Thursday of any week. No camping fee authorized
4682+6 by this Section shall be charged to any resident of Illinois
4683+7 who is a veteran with a disability or a former prisoner of war,
4684+8 as defined in Section 5 of the Department of Veterans' Affairs
4685+9 Act. No camping fee authorized by this Section shall be
4686+10 charged to any resident of Illinois after returning from
4687+11 service abroad or mobilization by the President of the United
4688+12 States as an active duty member of the United States Armed
4689+13 Forces, the Illinois National Guard, or the Reserves of the
4690+14 United States Armed Forces for the amount of time that the
4691+15 active duty member spent in service abroad or mobilized if the
4692+16 person applies for a pass with the Department within 2 years
4693+17 after returning and provides acceptable verification of
4694+18 service or mobilization to the Department. Any portion of a
4695+19 year that the active duty member spent in service abroad or
4696+20 mobilized shall count as a full year. The procedure by which a
4697+21 person may provide to the Department verification of service
4698+22 abroad or mobilization by the President of the United States
4699+23 shall be set by administrative rule. Nonresidents shall be
4700+24 charged the same fees as are authorized for the general public
4701+25 regardless of age. The Department shall provide by regulation
4702+26 for suitable proof of age, or either a valid driver's license
4703+
4704+
4705+
4706+
4707+
4708+ HB4959 Enrolled - 133 - LRB103 36303 SPS 66401 b
4709+
4710+
4711+HB4959 Enrolled- 134 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 134 - LRB103 36303 SPS 66401 b
4712+ HB4959 Enrolled - 134 - LRB103 36303 SPS 66401 b
4713+1 or a "Golden Age Passport" issued by the federal government
4714+2 shall be acceptable as proof of age. The Department shall
4715+3 further provide by regulation that notice of these reduced
4716+4 admission fees be posted in a conspicuous place and manner.
4717+5 Reduced fees authorized in this Section shall not apply to
4718+6 any charge for utility service.
4719+7 For the purposes of this Section, "acceptable verification
4720+8 of service or mobilization" means official documentation from
4721+9 the Department of Defense or the appropriate Major Command
4722+10 showing mobilization dates or service abroad dates, including:
4723+11 (i) a DD-214, (ii) a letter from the Illinois Department of
4724+12 Military Affairs for members of the Illinois National Guard,
4725+13 (iii) a letter from the Regional Reserve Command for members
4726+14 of the Armed Forces Reserve, (iv) a letter from the Major
4727+15 Command covering Illinois for active duty members, (v)
4728+16 personnel records for mobilized State employees, and (vi) any
4729+17 other documentation that the Department, by administrative
4730+18 rule, deems acceptable to establish dates of mobilization or
4731+19 service abroad.
4732+20 For the purposes of this Section, the term "service
4733+21 abroad" means active duty service outside of the 50 United
4734+22 States and the District of Columbia, and includes all active
4735+23 duty service in territories and possessions of the United
4736+24 States.
4737+25 (c) To promote State campground use and Illinois State
4738+26 Fair attendance, the Department shall waive the camping fees
4739+
4740+
4741+
4742+
4743+
4744+ HB4959 Enrolled - 134 - LRB103 36303 SPS 66401 b
4745+
4746+
4747+HB4959 Enrolled- 135 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 135 - LRB103 36303 SPS 66401 b
4748+ HB4959 Enrolled - 135 - LRB103 36303 SPS 66401 b
4749+1 for up to 2 nights of camping at Jim Edgar Panther Creek State
4750+2 Fish and Wildlife Area, Sangchris Lake State Park, or
4751+3 Lincoln's New Salem State Historic Site during the period from
4752+4 August 11, 2024 to August 15, 2024 for a camper who:
4753+5 (1) is 18 years of age or older;
4754+6 (2) provides proof of having purchased, between June
4755+7 26, 2024 and July 3, 2024, a season admission ticket
4756+8 booklet from the Department of Agriculture for entry into
4757+9 the 2024 Illinois State Fair in Springfield; and
4758+10 (3) requests the camping fee waiver in person at the
4759+11 time of permit issuance at the State campground.
4760+12 The waivers under this subsection (c) shall be granted on
4761+13 a first-come, first-served basis for a maximum of 40 sites at
4762+14 each of the 3 identified State campgrounds. Fees for utility
4763+15 service are not subject to waiver. Waivers under this
4764+16 subsection (c) are limited to one per camper.
4765+17 (Source: P.A. 102-780, eff. 5-13-22.)
4766+18 Section 5-18. The Department of Innovation and Technology
4767+19 Act is amended by changing Section 1-5 as follows:
4768+20 (20 ILCS 1370/1-5)
4769+21 Sec. 1-5. Definitions. In this Act:
4770+22 "Client agency" means each transferring agency, or its
4771+23 successor, and any other public agency to which the Department
4772+24 provides service to the extent specified in an interagency
4773+
4774+
4775+
4776+
4777+
4778+ HB4959 Enrolled - 135 - LRB103 36303 SPS 66401 b
4779+
4780+
4781+HB4959 Enrolled- 136 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 136 - LRB103 36303 SPS 66401 b
4782+ HB4959 Enrolled - 136 - LRB103 36303 SPS 66401 b
4783+1 agreement with the public agency.
4784+2 "Dedicated unit" means the dedicated bureau, division,
4785+3 office, or other unit within a transferring agency that is
4786+4 responsible for the information technology functions of the
4787+5 transferring agency.
4788+6 "Department" means the Department of Innovation and
4789+7 Technology.
4790+8 "Information technology" means technology,
4791+9 infrastructure, equipment, systems, software, networks, and
4792+10 processes used to create, send, receive, and store electronic
4793+11 or digital information, including, without limitation,
4794+12 computer systems and telecommunication services and systems.
4795+13 "Information technology" shall be construed broadly to
4796+14 incorporate future technologies that change or supplant those
4797+15 in effect as of the effective date of this Act.
4798+16 "Information technology functions" means the development,
4799+17 procurement, installation, retention, maintenance, operation,
4800+18 possession, storage, and related functions of all information
4801+19 technology.
4802+20 "Secretary" means the Secretary of Innovation and
4803+21 Technology.
4804+22 "State agency" means each State agency, department, board,
4805+23 and commission under the jurisdiction of the Governor.
4806+24 "Transferring agency" means the Department on Aging; the
4807+25 Departments of Agriculture, Central Management Services,
4808+26 Children and Family Services, Commerce and Economic
4809+
4810+
4811+
4812+
4813+
4814+ HB4959 Enrolled - 136 - LRB103 36303 SPS 66401 b
4815+
4816+
4817+HB4959 Enrolled- 137 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 137 - LRB103 36303 SPS 66401 b
4818+ HB4959 Enrolled - 137 - LRB103 36303 SPS 66401 b
4819+1 Opportunity, Corrections, Employment Security, Financial and
4820+2 Professional Regulation, Healthcare and Family Services, Human
4821+3 Rights, Human Services, Insurance, Juvenile Justice, Labor,
4822+4 Lottery, Military Affairs, Natural Resources, Public Health,
4823+5 Revenue, Transportation, and Veterans' Affairs; the Illinois
4824+6 State Police; the Capital Development Board; the Deaf and Hard
4825+7 of Hearing Commission; the Environmental Protection Agency;
4826+8 the Governor's Office of Management and Budget; the
4827+9 Guardianship and Advocacy Commission; the Abraham Lincoln
4828+10 Presidential Library and Museum; the Illinois Arts Council;
4829+11 the Illinois Council on Developmental Disabilities; the
4830+12 Illinois Emergency Management Agency; the Illinois Gaming
4831+13 Board; the Illinois Liquor Control Commission; the Office of
4832+14 the State Fire Marshal; and the Prisoner Review Board; and the
4833+15 Department of Early Childhood.
4834+16 (Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21;
4835+17 102-813, eff. 5-13-22; 102-870, eff. 1-1-23.)
4836+18 Section 5-20. The Illinois Lottery Law is amended by
4837+19 changing Section 21.16 as follows:
4838+20 (20 ILCS 1605/21.16)
4839+21 Sec. 21.16. Illinois DREAM scratch-off.
4840+22 (a) The Department shall offer a special Illinois DREAM
4841+23 instant scratch-off game for the benefit of the Illinois DREAM
4842+24 Fund Commission. The new revenue from the Illinois DREAM
4843+
4844+
4845+
4846+
4847+
4848+ HB4959 Enrolled - 137 - LRB103 36303 SPS 66401 b
4849+
4850+
4851+HB4959 Enrolled- 138 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 138 - LRB103 36303 SPS 66401 b
4852+ HB4959 Enrolled - 138 - LRB103 36303 SPS 66401 b
4853+1 scratch-off game shall be deposited into the Illinois DREAM
4854+2 Fund, a special fund that is created in the State treasury.
4855+3 Subject to appropriation to the Illinois Student Assistance
4856+4 Commission, money in the Illinois DREAM Fund shall be used to
4857+5 assist in funding scholarships and other statutory
4858+6 responsibilities of the Illinois DREAM Fund Commission. The
4859+7 game shall commence on January 1, 2024 or as soon thereafter as
4860+8 is reasonably practical. The Department shall consult with the
4861+9 Illinois DREAM Fund Commission established under Section 67 of
4862+10 the Higher Education Student Assistance Act regarding the
4863+11 design and promotion of the game.
4864+12 (b) The operation of any games under this Section shall be
4865+13 governed by this Act, and any rules shall be adopted by the
4866+14 Department.
4867+15 (c) For purposes of this Section, "net revenue" means the
4868+16 total amount for which tickets have been sold less the sum of
4869+17 the amount paid out in prizes and the actual administrative
4870+18 expenses of the Department solely related to the Illinois
4871+19 DREAM scratch-off game.
4872+20 (d) During the time that tickets are sold for the Illinois
4873+21 DREAM scratch-off game, the Department shall not unreasonably
4874+22 diminish the efforts devoted to marketing any other instant
4875+23 scratch-off lottery game.
4876+24 (e) The Department may adopt any rules necessary to
4877+25 implement and administer this Section in consultation with the
4878+26 Illinois DREAM Fund Commission.
4879+
4880+
4881+
4882+
4883+
4884+ HB4959 Enrolled - 138 - LRB103 36303 SPS 66401 b
4885+
4886+
4887+HB4959 Enrolled- 139 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 139 - LRB103 36303 SPS 66401 b
4888+ HB4959 Enrolled - 139 - LRB103 36303 SPS 66401 b
4889+1 (Source: P.A. 103-381, eff. 7-28-23.)
4890+2 Section 5-25. The Illinois Emergency Management Agency Act
4891+3 is amended by changing Section 17.8 as follows:
4892+4 (20 ILCS 3305/17.8)
4893+5 Sec. 17.8. IEMA State Projects Fund. The IEMA State
4894+6 Projects Fund is created as a trust fund in the State treasury.
4895+7 The Fund shall consist of any moneys appropriated to the
4896+8 Agency for purposes of the Illinois' Not-For-Profit Security
4897+9 Grant Program, a grant program authorized by subsection (g-5)
4898+10 of Section 5 of this Act, to provide funding support for target
4899+11 hardening activities and other physical security enhancements
4900+12 for qualifying not-for-profit organizations that are at high
4901+13 risk of terrorist attack. The Agency is authorized to use
4902+14 moneys appropriated from the Fund to make grants to
4903+15 not-for-profit organizations for target hardening activities,
4904+16 security personnel, and physical security enhancements and for
4905+17 the payment of administrative expenses associated with the
4906+18 Not-For-Profit Security Grant Program, except that, beginning
4907+19 July 1, 2024, the Agency shall not award grants under this
4908+20 Section to those entities whose primary purpose is to provide
4909+21 medical or mental health services. As used in this Section,
4910+22 "target hardening activities" include, but are not limited to,
4911+23 the purchase and installation of security equipment on real
4912+24 property owned or leased by the not-for-profit organization.
4913+
4914+
4915+
4916+
4917+
4918+ HB4959 Enrolled - 139 - LRB103 36303 SPS 66401 b
4919+
4920+
4921+HB4959 Enrolled- 140 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 140 - LRB103 36303 SPS 66401 b
4922+ HB4959 Enrolled - 140 - LRB103 36303 SPS 66401 b
4923+1 Grants, gifts, and moneys from any other source, public or
4924+2 private, may also be deposited into the Fund and used for the
4925+3 purposes authorized by this Act.
4926+4 (Source: P.A. 103-8, eff. 6-7-23.)
4927+5 Section 5-30. The State Finance Act is amended by changing
4928+6 Sections 5.1015, 6z-27, 6z-32, 6z-47, 6z-70, 6z-111, 8.3,
4929+7 8.12, 8g-1, 12-2, and 13.2 and by adding Sections 5e-2 and
4930+8 6z-140 as follows:
4931+9 (30 ILCS 105/5.1015 new)
4932+10 Sec. 5.1015. The Professions Licensure Fund.
4933+11 (30 ILCS 105/5e-2 new)
4934+12 Sec. 5e-2. Transfers from Road Fund. In addition to any
4935+13 other transfers that may be provided for by law, on July 1,
4936+14 2024, or as soon thereafter as practical, the State
4937+15 Comptroller shall direct and the State Treasurer shall
4938+16 transfer the sum of $20,000,000 from the Road Fund to the
4939+17 Federal/State/Local Airport Fund to be used for purposes
4940+18 consistent with Section 11 of Article IX of the Illinois
4941+19 Constitution. This Section is repealed on January 1, 2026.
4942+20 (30 ILCS 105/6z-27)
4943+21 Sec. 6z-27. All moneys in the Audit Expense Fund shall be
4944+22 transferred, appropriated and used only for the purposes
4945+
4946+
4947+
4948+
4949+
4950+ HB4959 Enrolled - 140 - LRB103 36303 SPS 66401 b
4951+
4952+
4953+HB4959 Enrolled- 141 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 141 - LRB103 36303 SPS 66401 b
4954+ HB4959 Enrolled - 141 - LRB103 36303 SPS 66401 b
4955+1 authorized by, and subject to the limitations and conditions
4956+2 prescribed by, the Illinois State Auditing Act.
4957+3 Within 30 days after July 1, 2024 2023, or as soon
4958+4 thereafter as practical, the State Comptroller shall order
4959+5 transferred and the State Treasurer shall transfer from the
4960+6 following funds moneys in the specified amounts for deposit
4961+7 into the Audit Expense Fund:
4962+8 Attorney General Court Ordered and Voluntary
4963+9 Compliance Payment Projects Fund..................$22,470
4964+10 Aggregate Operations Regulatory Fund.....................$605
4965+11 Agricultural Premium Fund.............................$21,002
4966+12 Attorney General's State Projects and
4967+13 Court Ordered Distribution Fund...................$36,873
4968+14 Anna Veterans Home Fund................................$1,205
4969+15 Appraisal Administration Fund..........................$2,670
4970+16 Attorney General Whistleblower Reward
4971+17 and Protection Fund..................................$938
4972+18 Bank and Trust Company Fund...........................$82,945
4973+19 Brownfields Redevelopment Fund.........................$1,893
4974+20 Cannabis Business Development Fund....................$15,750
4975+21 Cannabis Expungement Fund..............................$2,511
4976+22 Capital Development Board Revolving Fund...............$4,668
4977+23 Care Provider Fund for Persons with
4978+24 a Developmental Disability.........................$6,794
4979+25 CDLIS/AAMVAnet/NMVTIS Trust Fund.......................$1,679
4980+26 Cemetery Oversight Licensing and Disciplinary Fund.....$6,187
4981+
4982+
4983+
4984+
4985+
4986+ HB4959 Enrolled - 141 - LRB103 36303 SPS 66401 b
4987+
4988+
4989+HB4959 Enrolled- 142 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 142 - LRB103 36303 SPS 66401 b
4990+ HB4959 Enrolled - 142 - LRB103 36303 SPS 66401 b
4991+1 Chicago State University Education Improvement Fund...$16,893
4992+2 Chicago Travel Industry Promotion Fund.................$9,146
4993+3 Child Support Administrative Fund......................$2,669
4994+4 Clean Air Act Permit Fund.............................$11,283
4995+5 Coal Technology Development Assistance Fund...........$22,087
4996+6 Community Association Manager
4997+7 Licensing and Disciplinary Fund....................$1,178
4998+8 Commitment to Human Services Fund ...................$259,050
4999+9 Common School Fund ..................................$385,362
5000+10 Community Mental Health Medicaid Trust Fund............$6,972
5001+11 Community Water Supply Laboratory Fund...................$835
5002+12 Credit Union Fund.....................................$21,944
5003+13 Cycle Rider Safety Training Fund.........................$704
5004+14 DCFS Children's Services Fund........................$164,036
5005+15 Department of Business Services Special Operations Fund.$4,564
5006+16 Department of Corrections Reimbursement
5007+17 and Education Fund................................$23,892
5008+18 Design Professionals Administration
5009+19 and Investigation Fund.............................$3,892
5010+20 Department of Human Services Community Services Fund...$6,314
5011+21 Downstate Public Transportation Fund..................$40,428
5012+22 Drivers Education Fund...................................$904
5013+23 Drug Rebate Fund......................................$40,707
5014+24 Drug Treatment Fund......................................$810
5015+25 Drycleaner Environmental Response Trust Fund...........$1,555
5016+26 Education Assistance Fund..........................$2,347,928
5017+
5018+
5019+
5020+
5021+
5022+ HB4959 Enrolled - 142 - LRB103 36303 SPS 66401 b
5023+
5024+
5025+HB4959 Enrolled- 143 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 143 - LRB103 36303 SPS 66401 b
5026+ HB4959 Enrolled - 143 - LRB103 36303 SPS 66401 b
5027+1 Electric Vehicle Rebate Fund..........................$24,101
5028+2 Energy Efficiency Trust Fund.............................$955
5029+3 Energy Transition Assistance Fund......................$1,193
5030+4 Environmental Protection Permit and Inspection Fund...$17,475
5031+5 Facilities Management Revolving Fund..................$21,298
5032+6 Fair and Exposition Fund.................................$782
5033+7 Federal Asset Forfeiture Fund..........................$1,195
5034+8 Federal High Speed Rail Trust Fund.......................$910
5035+9 Federal Workforce Training Fund......................$113,609
5036+10 Feed Control Fund......................................$1,263
5037+11 Fertilizer Control Fund..................................$778
5038+12 Fire Prevention Fund...................................$4,470
5039+13 Freedom Schools Fund.....................................$636
5040+14 Fund for the Advancement of Education.................$61,767
5041+15 General Professions Dedicated Fund....................$36,108
5042+16 General Revenue Fund..............................$17,653,153
5043+17 Grade Crossing Protection Fund.........................$7,759
5044+18 Hazardous Waste Fund...................................$9,036
5045+19 Health and Human Services Medicaid Trust Fund............$793
5046+20 Healthcare Provider Relief Fund......................$209,863
5047+21 Historic Property Administrative Fund....................$791
5048+22 Horse Racing Fund....................................$233,685
5049+23 Hospital Provider Fund................................$66,984
5050+24 Illinois Affordable Housing Trust Fund................$30,424
5051+25 Illinois Charity Bureau Fund...........................$2,025
5052+26 Illinois Clean Water Fund.............................$18,928
5053+
5054+
5055+
5056+
5057+
5058+ HB4959 Enrolled - 143 - LRB103 36303 SPS 66401 b
5059+
5060+
5061+HB4959 Enrolled- 144 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 144 - LRB103 36303 SPS 66401 b
5062+ HB4959 Enrolled - 144 - LRB103 36303 SPS 66401 b
5063+1 Illinois Forestry Development Fund....................$13,054
5064+2 Illinois Gaming Law Enforcement Fund...................$1,411
5065+3 IMSA Income Fund......................................$10,499
5066+4 Illinois Military Family Relief Fund...................$2,963
5067+5 Illinois National Guard Construction Fund..............$4,944
5068+6 Illinois Power Agency Operations Fund................$154,375
5069+7 Illinois State Dental Disciplinary Fund................$3,947
5070+8 Illinois State Fair Fund...............................$5,871
5071+9 Illinois State Medical Disciplinary Fund..............$32,809
5072+10 Illinois State Pharmacy Disciplinary Fund.............$10,993
5073+11 Illinois Student Assistance Commission
5074+12 Contracts and Grants Fund............................$950
5075+13 Illinois Veterans Assistance Fund......................$2,738
5076+14 Illinois Veterans' Rehabilitation Fund...................$685
5077+15 Illinois Wildlife Preservation Fund....................$2,646
5078+16 Illinois Workers' Compensation Commission
5079+17 Operations Fund...................................$94,942
5080+18 Illinois Works Fund....................................$5,577
5081+19 Income Tax Refund Fund...............................$232,364
5082+20 Insurance Financial Regulation Fund..................$158,266
5083+21 Insurance Premium Tax Refund Fund.....................$10,972
5084+22 Insurance Producer Administration Fund...............$208,185
5085+23 International Tourism Fund.............................$1,317
5086+24 LaSalle Veterans Home Fund.............................$2,656
5087+25 Law Enforcement Recruitment and Retention Fund........$10,249
5088+26 Law Enforcement Training Fund.........................$28,714
5089+
5090+
5091+
5092+
5093+
5094+ HB4959 Enrolled - 144 - LRB103 36303 SPS 66401 b
5095+
5096+
5097+HB4959 Enrolled- 145 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 145 - LRB103 36303 SPS 66401 b
5098+ HB4959 Enrolled - 145 - LRB103 36303 SPS 66401 b
5099+1 LEADS Maintenance Fund...................................$573
5100+2 Live and Learn Fund....................................$8,419
5101+3 Local Government Distributive Fund...................$120,745
5102+4 Local Tourism Fund....................................$16,582
5103+5 Long Term Care Ombudsman Fund............................$635
5104+6 Long-Term Care Provider Fund..........................$10,352
5105+7 Manteno Veterans Home Fund.............................$3,941
5106+8 Mental Health Fund.....................................$3,560
5107+9 Mental Health Reporting Fund.............................$878
5108+10 Military Affairs Trust Fund............................$1,017
5109+11 Monitoring Device Driving Permit
5110+12 Administration Fee Fund..............................$657
5111+13 Motor Carrier Safety Inspection Fund...................$1,892
5112+14 Motor Fuel Tax Fund..................................$124,570
5113+15 Motor Vehicle License Plate Fund.......................$6,363
5114+16 Nursing Dedicated and Professional Fund...............$14,671
5115+17 Off-Highway Vehicle Trails Fund........................$1,431
5116+18 Open Space Lands Acquisition and Development Fund.....$67,764
5117+19 Optometric Licensing and Disciplinary Board Fund.........$922
5118+20 Parity Advancement Fund................................$9,349
5119+21 Partners For Conservation Fund........................$25,309
5120+22 Pawnbroker Regulation Fund...............................$659
5121+23 Pension Stabilization Fund.............................$3,009
5122+24 Personal Property Tax Replacement Fund...............$251,569
5123+25 Pesticide Control Fund.................................$4,715
5124+26 Prisoner Review Board Vehicle and Equipment Fund.......$3,035
5125+
5126+
5127+
5128+
5129+
5130+ HB4959 Enrolled - 145 - LRB103 36303 SPS 66401 b
5131+
5132+
5133+HB4959 Enrolled- 146 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 146 - LRB103 36303 SPS 66401 b
5134+ HB4959 Enrolled - 146 - LRB103 36303 SPS 66401 b
5135+1 Professional Services Fund.............................$3,093
5136+2 Professions Indirect Cost Fund.......................$194,398
5137+3 Public Pension Regulation Fund.........................$3,519
5138+4 Public Transportation Fund...........................$108,264
5139+5 Quincy Veterans Home Fund.............................$25,455
5140+6 Real Estate License Administration Fund...............$27,976
5141+7 Rebuild Illinois Projects Fund.........................$3,682
5142+8 Regional Transportation Authority Occupation and Use Tax
5143+9 Replacement Fund...................................$3,226
5144+10 Registered Certified Public Accountants' Administration
5145+11 and Disciplinary Fund..............................$3,213
5146+12 Renewable Energy Resources Trust Fund..................$2,463
5147+13 Rental Housing Support Program Fund......................$560
5148+14 Residential Finance Regulatory Fund...................$21,672
5149+15 Road Fund............................................$524,729
5150+16 Salmon Fund..............................................$837
5151+17 Savings Bank Regulatory Fund.............................$528
5152+18 School Infrastructure Fund............................$10,122
5153+19 Secretary of State DUI Administration Fund.............$1,021
5154+20 Secretary of State Identification Security and
5155+21 Theft Prevention Fund..............................$4,877
5156+22 Secretary of State Special License Plate Fund..........$1,410
5157+23 Secretary of State Special Services Fund..............$11,665
5158+24 Securities Audit and Enforcement Fund..................$2,279
5159+25 Serve Illinois Commission Fund...........................$950
5160+26 Snowmobile Trail Establishment Fund......................$653
5161+
5162+
5163+
5164+
5165+
5166+ HB4959 Enrolled - 146 - LRB103 36303 SPS 66401 b
5167+
5168+
5169+HB4959 Enrolled- 147 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 147 - LRB103 36303 SPS 66401 b
5170+ HB4959 Enrolled - 147 - LRB103 36303 SPS 66401 b
5171+1 Solid Waste Management Fund...........................$17,540
5172+2 Special Education Medicaid Matching Fund...............$2,916
5173+3 Sports Wagering Fund..................................$14,696
5174+4 State Police Law Enforcement Administration Fund.......$3,635
5175+5 State and Local Sales Tax Reform Fund..................$6,676
5176+6 State Asset Forfeiture Fund............................$1,445
5177+7 State Aviation Program Fund............................$2,125
5178+8 State Construction Account Fund......................$151,079
5179+9 State Crime Laboratory Fund............................$6,342
5180+10 State Gaming Fund....................................$216,475
5181+11 State Garage Revolving Fund............................$4,892
5182+12 State Lottery Fund...................................$106,169
5183+13 State Pensions Fund .................................$500,000
5184+14 State Police Firearm Services Fund....................$16,049
5185+15 State Police Services Fund............................$20,688
5186+16 State Police Vehicle Fund..............................$7,562
5187+17 State Police Whistleblower Reward
5188+18 and Protection Fund................................$3,858
5189+19 State Small Business Credit Initiative Fund...........$20,739
5190+20 State's Attorneys Appellate
5191+21 Prosecutor's County Fund..........................$20,621
5192+22 Subtitle D Management Fund.............................$2,669
5193+23 Supplemental Low-Income Energy Assistance Fund.......$158,173
5194+24 Tax Compliance and Administration Fund.................$3,789
5195+25 Technology Management Revolving Fund.................$620,435
5196+26 Tobacco Settlement Recovery Fund.......................$4,747
5197+
5198+
5199+
5200+
5201+
5202+ HB4959 Enrolled - 147 - LRB103 36303 SPS 66401 b
5203+
5204+
5205+HB4959 Enrolled- 148 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 148 - LRB103 36303 SPS 66401 b
5206+ HB4959 Enrolled - 148 - LRB103 36303 SPS 66401 b
5207+1 Tourism Promotion Fund................................$46,998
5208+2 Traffic and Criminal Conviction Surcharge Fund........$41,173
5209+3 Underground Storage Tank Fund.........................$31,314
5210+4 University of Illinois Hospital Services Fund..........$3,257
5211+5 Vehicle Hijacking and Motor Vehicle Theft
5212+6 Prevention and Insurance Verification Trust Fund...$8,183
5213+7 Vehicle Inspection Fund...............................$19,811
5214+8 Weights and Measures Fund..............................$3,636
5215+9 African-American HIV/AIDS Response RESP Fund...........$1,421
5216+10 Agricultural Premium Fund............................$122,719
5217+11 Alzheimer's Awareness Fund.............................$1,499
5218+12 Alzheimer's Disease Research, Care, and Support Fund.....$662
5219+13 Amusement Ride and Patron Safety Fund..................$6,315
5220+14 Assisted Living and & Shared Housing Regulatory
5221+15 House Regulation Fund..............................$2,564
5222+16 Capital Development Board Revolving Fund..............$15,118
5223+17 Care Provider Fund for Persons with a Developmental
5224+18 Disability........................................$15,392
5225+19 Carolyn Adams Ticket For The Cure Grant Fund.............$927
5226+20 CDLIS/AAMVANET/NMVTIS Trust Fund (Commercial
5227+21 Driver's License Information
5228+22 System/American Association of
5229+23 Motor Vehicle Administrators
5230+24 network/National Motor Vehicle
5231+25 Title Information Service Trust Fund)..............$5,236
5232+26 Chicago Police Memorial Foundation Fund..................$708
5233+
5234+
5235+
5236+
5237+
5238+ HB4959 Enrolled - 148 - LRB103 36303 SPS 66401 b
5239+
5240+
5241+HB4959 Enrolled- 149 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 149 - LRB103 36303 SPS 66401 b
5242+ HB4959 Enrolled - 149 - LRB103 36303 SPS 66401 b
5243+1 Chicago State University Education Improvement Fund...$13,666
5244+2 Child Labor and Day and Temporary Labor
5245+3 Services Enforcement Fund.........................$11,991
5246+4 Child Support Administrative Fund......................$5,287
5247+5 Clean Air Act Permit Fund..............................$1,556
5248+6 Coal Technology Development Assistance Fund............$6,936
5249+7 Common School Fund...................................$343,892
5250+8 Community Mental Health Medicaid Trust Fund...........$14,084
5251+9 Corporate Franchise Tax Refund Fund....................$1,096
5252+10 DCFS Children's Services Fund..........................$8,766
5253+11 Death Certificate Surcharge Fund.......................$2,060
5254+12 Death Penalty Abolition Fund...........................$2,448
5255+13 Department of Business Services Service Special
5256+14 Operations Fund...................................$13,889
5257+15 Department of Human Services DHS Community
5258+16 Services Fund......................................$7,970
5259+17 Downstate Public Transportation Fund..................$11,631
5260+18 Dram Shop Fund.......................................$142,500
5261+19 Driver Services Administration Fund....................$1,873
5262+20 Drug Rebate Fund......................................$42,473
5263+21 Drug Treatment Fund....................................$1,767
5264+22 Education Assistance Fund..........................$2,031,292
5265+23 Emergency Public Health Fund...........................$5,162
5266+24 Environmental Protection Permit and Inspection Fund....$1,447
5267+25 Estate Tax Refund Fund...................................$852
5268+26 Facilities Management Revolving Fund..................$50,148
5269+
5270+
5271+
5272+
5273+
5274+ HB4959 Enrolled - 149 - LRB103 36303 SPS 66401 b
5275+
5276+
5277+HB4959 Enrolled- 150 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 150 - LRB103 36303 SPS 66401 b
5278+ HB4959 Enrolled - 150 - LRB103 36303 SPS 66401 b
5279+1 Facility Licensing Fund................................$5,522
5280+2 Fair and & Exposition Fund.............................$4,248
5281+3 Feed Control Fund......................................$7,709
5282+4 Fertilizer Control Fund................................$6,849
5283+5 Fire Prevention Fund...................................$3,859
5284+6 Fund for the Advancement of Education.................$24,772
5285+7 General Assembly Operations Revolving Rev Fund.........$1,146
5286+8 General Professions Dedicated Fund.....................$4,039
5287+9 General Revenue Fund..............................$17,653,153
5288+10 Governor's Administrative Fund.........................$2,832
5289+11 Governor's Grant Fund.................................$17,709
5290+12 Grade Crossing Protection Fund...........................$930
5291+13 Grant Accountability and / Transparency Fund.............$805
5292+14 Guardianship and & Advocacy Fund......................$14,843
5293+15 Hazardous Waste Fund.....................................$835
5294+16 Health Facility Plan Review Fund.......................$1,776
5295+17 Health and Human Services Service Medicaid Trust Fund..$6,554
5296+18 Healthcare Provider Relief Fund......................$407,107
5297+19 Healthy Smiles Fund......................................$738
5298+20 Home Care Services Agency Licensure Fund...............$3,101
5299+21 Hospital Licensure Fund................................$1,688
5300+22 Hospital Provider Fund...............................$138,829
5301+23 ICCB Federal Trust Fund...............................$9,968
5302+24 ICJIA Violence Prevention Fund...........................$932
5303+25 Illinois IL Affordable Housing Trust Fund.............$17,236
5304+26 Illinois IL Clean Water Fund...........................$2,152
5305+
5306+
5307+
5308+
5309+
5310+ HB4959 Enrolled - 150 - LRB103 36303 SPS 66401 b
5311+
5312+
5313+HB4959 Enrolled- 151 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 151 - LRB103 36303 SPS 66401 b
5314+ HB4959 Enrolled - 151 - LRB103 36303 SPS 66401 b
5315+1 IL Community College Board
5316+2 Contracts and Grants ...............................9,968
5317+3 Illinois IL Health Facilities Planning Fund............$3,094
5318+4 IMSA Income Fund......................................$12,417
5319+5 Illinois IL Power Agency Operations Fund..............$62,583
5320+6 Illinois IL School Asbestos Abatement Fund...............$784
5321+7 Illinois IL State Fair Fund...........................$29,752
5322+8 Illinois IL State Police Memorial Park Fund..............$681
5323+9 Illinois Telecommunications IL Telecom Access
5324+10 Corporation Fund...................................$1,668
5325+11 Illinois IL Underground Utility Facilities
5326+12 Facility Damage Prevention Fund....................$4,276
5327+13 Illinois IL Veterans' Rehabilitation Fund..............$5,943
5328+14 Illinois IL Workers' Compensation Commission
5329+15 Operations Fund..................................$243,187
5330+16 Income Tax Refund Fund................................$54,420
5331+17 Lead Poisoning Screening, Prevention, and
5332+18 Abatement Fund....................................$16,379
5333+19 Live and Learn Fund...................................$25,492
5334+20 Lobbyist Registration Administration Fund..............$1,471
5335+21 Local Government Distributive Fund....................$44,025
5336+22 Long Term Care Monitor/Receiver Receive Fund..........$42,016
5337+23 Long-Term Long Term Care Provider Fund................$13,537
5338+24 Low-Level Radioactive Low Level Rad Facility
5339+25 Development and Operation Dev & Op Fund..............$618
5340+26 Mandatory Arbitration Fund.............................$2,104
5341+
5342+
5343+
5344+
5345+
5346+ HB4959 Enrolled - 151 - LRB103 36303 SPS 66401 b
5347+
5348+
5349+HB4959 Enrolled- 152 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 152 - LRB103 36303 SPS 66401 b
5350+ HB4959 Enrolled - 152 - LRB103 36303 SPS 66401 b
5351+1 Medical Special Purposes Purpose Trust Fund..............$786
5352+2 Mental Health Fund.....................................$9,376
5353+3 Mental Health Reporting Fund...........................$1,443
5354+4 Metabolic Screening and & Treatment Fund..............$32,049
5355+5 Monitoring Device Driving Permit Administration
5356+6 Fee Fund...........................................$1,616
5357+7 Motor Fuel Tax Fund...................................$36,238
5358+8 Motor Vehicle License Plate Fund......................$17,694
5359+9 Motor Vehicle Theft Prevention and Insurance
5360+10 Verification Trust.................................10,970
5361+11 Multiple Sclerosis Research Fund.........................$758
5362+12 Nuclear Safety Emergency Preparedness Fund............$26,117
5363+13 Nursing Dedicated and Professional Fund................$2,420
5364+14 Open Space Lands Acquisition and & Development Fund......$658
5365+15 Partners For Conservation Fund........................$89,847
5366+16 Pension Stabilization Fund.............................$1,031
5367+17 Personal Property Tax Replacement Fund...............$290,755
5368+18 Pesticide Control Fund................................$30,513
5369+19 Plumbing Licensure and & Program Fund..................$6,276
5370+20 Police Memorial Committee Fund...........................$813
5371+21 Professional Services Fund............................$72,029
5372+22 Public Health Laboratory Lab Services Revolving
5373+23 Rev Fund...........................................$5,816
5374+24 Public Transportation Fund............................$46,826
5375+25 Public Utility Fund..................................$198,423
5376+26 Radiation Protection Fund.............................$11,034
5377+
5378+
5379+
5380+
5381+
5382+ HB4959 Enrolled - 152 - LRB103 36303 SPS 66401 b
5383+
5384+
5385+HB4959 Enrolled- 153 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 153 - LRB103 36303 SPS 66401 b
5386+ HB4959 Enrolled - 153 - LRB103 36303 SPS 66401 b
5387+1 Renewable Energy Resources Trust Fund..................$7,834
5388+2 Road Fund............................................$226,150
5389+3 Regional Transportation Authority RTA Occupation
5390+4 and & Use Tax Replacement Fund.....................$1,167
5391+5 School Infrastructure Fund.............................$7,749
5392+6 Secretary of State DUI Administration Fund.............$2,694
5393+7 Secretary of State Identification & Security
5394+8 and Theft Prevention Fund.........................$12,676
5395+9 Secretary of State Police Services Fund..................$717
5396+10 Secretary of State Special License Plate Fund..........$4,203
5397+11 Secretary of State Special Services Fund..............$34,491
5398+12 Securities Audit and Enforcement Fund..................$8,198
5399+13 Solid Waste Management Fund............................$1,613
5400+14 Special Olympics Illinois and Special
5401+15 Children's Charities Fund............................$852
5402+16 Special Education Medicaid Matching Fund...............$5,131
5403+17 Sports Wagering Fund...................................$4,450
5404+18 State and Local Sales Tax Reform Fund..................$2,361
5405+19 State Construction Account Fund.......................$37,865
5406+20 State Gaming Fund.....................................$94,435
5407+21 State Garage Revolving Fund............................$8,977
5408+22 State Lottery Fund...................................$340,323
5409+23 State Pensions Fund..................................$500,000
5410+24 State Treasurer's Bank Services Trust Fund.............$1,295
5411+25 Supreme Court Special Purposes Fund....................$1,722
5412+26 Tattoo and & Body Piercing Establishment
5413+
5414+
5415+
5416+
5417+
5418+ HB4959 Enrolled - 153 - LRB103 36303 SPS 66401 b
5419+
5420+
5421+HB4959 Enrolled- 154 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 154 - LRB103 36303 SPS 66401 b
5422+ HB4959 Enrolled - 154 - LRB103 36303 SPS 66401 b
5423+1 Registration Fund....................................$950
5424+2 Tax Compliance and & Administration Fund...............$1,483
5425+3 Technology Management Revolving Fund.................$186,193
5426+4 Tobacco Settlement Recovery Fund......................$29,864
5427+5 Tourism Promotion Fund................................$50,155
5428+6 Transportation Regulatory Fund........................$78,256
5429+7 Trauma Center Fund.....................................$1,960
5430+8 Underground Storage Tank Fund..........................$3,630
5431+9 University of Illinois IL Hospital Services Fund.......$6,712
5432+10 Vehicle Hijacking and Motor Vehicle
5433+11 Theft Prevention and Insurance
5434+12 Verification Trust Fund...........................$10,970
5435+13 Vehicle Inspection Fund................................$5,069
5436+14 Weights and Measures Fund.............................$22,129
5437+15 Youth Alcoholism and & Substance Abuse Prevention Fund...$526
5438+16 Notwithstanding any provision of the law to the contrary,
5439+17 the General Assembly hereby authorizes the use of such funds
5440+18 for the purposes set forth in this Section.
5441+19 These provisions do not apply to funds classified by the
5442+20 Comptroller as federal trust funds or State trust funds. The
5443+21 Audit Expense Fund may receive transfers from those trust
5444+22 funds only as directed herein, except where prohibited by the
5445+23 terms of the trust fund agreement. The Auditor General shall
5446+24 notify the trustees of those funds of the estimated cost of the
5447+25 audit to be incurred under the Illinois State Auditing Act for
5448+26 the fund. The trustees of those funds shall direct the State
5449+
5450+
5451+
5452+
5453+
5454+ HB4959 Enrolled - 154 - LRB103 36303 SPS 66401 b
5455+
5456+
5457+HB4959 Enrolled- 155 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 155 - LRB103 36303 SPS 66401 b
5458+ HB4959 Enrolled - 155 - LRB103 36303 SPS 66401 b
5459+1 Comptroller and Treasurer to transfer the estimated amount to
5460+2 the Audit Expense Fund.
5461+3 The Auditor General may bill entities that are not subject
5462+4 to the above transfer provisions, including private entities,
5463+5 related organizations and entities whose funds are
5464+6 locally-held, for the cost of audits, studies, and
5465+7 investigations incurred on their behalf. Any revenues received
5466+8 under this provision shall be deposited into the Audit Expense
5467+9 Fund.
5468+10 In the event that moneys on deposit in any fund are
5469+11 unavailable, by reason of deficiency or any other reason
5470+12 preventing their lawful transfer, the State Comptroller shall
5471+13 order transferred and the State Treasurer shall transfer the
5472+14 amount deficient or otherwise unavailable from the General
5473+15 Revenue Fund for deposit into the Audit Expense Fund.
5474+16 On or before December 1, 1992, and each December 1
5475+17 thereafter, the Auditor General shall notify the Governor's
5476+18 Office of Management and Budget (formerly Bureau of the
5477+19 Budget) of the amount estimated to be necessary to pay for
5478+20 audits, studies, and investigations in accordance with the
5479+21 Illinois State Auditing Act during the next succeeding fiscal
5480+22 year for each State fund for which a transfer or reimbursement
5481+23 is anticipated.
5482+24 Beginning with fiscal year 1994 and during each fiscal
5483+25 year thereafter, the Auditor General may direct the State
5484+26 Comptroller and Treasurer to transfer moneys from funds
5485+
5486+
5487+
5488+
5489+
5490+ HB4959 Enrolled - 155 - LRB103 36303 SPS 66401 b
5491+
5492+
5493+HB4959 Enrolled- 156 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 156 - LRB103 36303 SPS 66401 b
5494+ HB4959 Enrolled - 156 - LRB103 36303 SPS 66401 b
5495+1 authorized by the General Assembly for that fund. In the event
5496+2 funds, including federal and State trust funds but excluding
5497+3 the General Revenue Fund, are transferred, during fiscal year
5498+4 1994 and during each fiscal year thereafter, in excess of the
5499+5 amount to pay actual costs attributable to audits, studies,
5500+6 and investigations as permitted or required by the Illinois
5501+7 State Auditing Act or specific action of the General Assembly,
5502+8 the Auditor General shall, on September 30, or as soon
5503+9 thereafter as is practicable, direct the State Comptroller and
5504+10 Treasurer to transfer the excess amount back to the fund from
5505+11 which it was originally transferred.
5506+12 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
5507+13 103-8, eff. 6-7-23; 103-129, eff. 6-30-23; revised 11-21-23.)
5508+14 (30 ILCS 105/6z-32)
5509+15 Sec. 6z-32. Partners for Planning and Conservation.
5510+16 (a) The Partners for Conservation Fund (formerly known as
5511+17 the Conservation 2000 Fund) and the Partners for Conservation
5512+18 Projects Fund (formerly known as the Conservation 2000
5513+19 Projects Fund) are created as special funds in the State
5514+20 Treasury. These funds shall be used to establish a
5515+21 comprehensive program to protect Illinois' natural resources
5516+22 through cooperative partnerships between State government and
5517+23 public and private landowners. Moneys in these Funds may be
5518+24 used, subject to appropriation, by the Department of Natural
5519+25 Resources, Environmental Protection Agency, and the Department
5520+
5521+
5522+
5523+
5524+
5525+ HB4959 Enrolled - 156 - LRB103 36303 SPS 66401 b
5526+
5527+
5528+HB4959 Enrolled- 157 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 157 - LRB103 36303 SPS 66401 b
5529+ HB4959 Enrolled - 157 - LRB103 36303 SPS 66401 b
5530+1 of Agriculture for purposes relating to natural resource
5531+2 protection, planning, recreation, tourism, climate resilience,
5532+3 and compatible agricultural and economic development
5533+4 activities. Without limiting these general purposes, moneys in
5534+5 these Funds may be used, subject to appropriation, for the
5535+6 following specific purposes:
5536+7 (1) To foster sustainable agriculture practices and
5537+8 control soil erosion, sedimentation, and nutrient loss
5538+9 from farmland, including grants to Soil and Water
5539+10 Conservation Districts for conservation practice
5540+11 cost-share grants and for personnel, educational, and
5541+12 administrative expenses.
5542+13 (2) To establish and protect a system of ecosystems in
5543+14 public and private ownership through conservation
5544+15 easements, incentives to public and private landowners,
5545+16 natural resource restoration and preservation, water
5546+17 quality protection and improvement, land use and watershed
5547+18 planning, technical assistance and grants, and land
5548+19 acquisition provided these mechanisms are all voluntary on
5549+20 the part of the landowner and do not involve the use of
5550+21 eminent domain.
5551+22 (3) To develop a systematic and long-term program to
5552+23 effectively measure and monitor natural resources and
5553+24 ecological conditions through investments in technology
5554+25 and involvement of scientific experts.
5555+26 (4) To initiate strategies to enhance, use, and
5556+
5557+
5558+
5559+
5560+
5561+ HB4959 Enrolled - 157 - LRB103 36303 SPS 66401 b
5562+
5563+
5564+HB4959 Enrolled- 158 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 158 - LRB103 36303 SPS 66401 b
5565+ HB4959 Enrolled - 158 - LRB103 36303 SPS 66401 b
5566+1 maintain Illinois' inland lakes through education,
5567+2 technical assistance, research, and financial incentives.
5568+3 (5) To partner with private landowners and with units
5569+4 of State, federal, and local government and with
5570+5 not-for-profit organizations in order to integrate State
5571+6 and federal programs with Illinois' natural resource
5572+7 protection and restoration efforts and to meet
5573+8 requirements to obtain federal and other funds for
5574+9 conservation or protection of natural resources.
5575+10 (6) To support the State's Nutrient Loss Reduction
5576+11 Strategy, including, but not limited to, funding the
5577+12 resources needed to support the Strategy's Policy Working
5578+13 Group, cover water quality monitoring in support of
5579+14 Strategy implementation, prepare a biennial report on the
5580+15 progress made on the Strategy every 2 years, and provide
5581+16 cost share funding for nutrient capture projects.
5582+17 (7) To provide capacity grants to support soil and
5583+18 water conservation districts, including, but not limited
5584+19 to, developing soil health plans, conducting soil health
5585+20 assessments, peer-to-peer training, convening
5586+21 producer-led dialogues, professional memberships, lab
5587+22 analysis, and and travel stipends for meetings and
5588+23 educational events.
5589+24 (8) To develop guidelines and local soil health
5590+25 assessments for advancing soil health.
5591+26 (b) The State Comptroller and State Treasurer shall
5592+
5593+
5594+
5595+
5596+
5597+ HB4959 Enrolled - 158 - LRB103 36303 SPS 66401 b
5598+
5599+
5600+HB4959 Enrolled- 159 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 159 - LRB103 36303 SPS 66401 b
5601+ HB4959 Enrolled - 159 - LRB103 36303 SPS 66401 b
5602+1 automatically transfer on the last day of each month,
5603+2 beginning on September 30, 1995 and ending on June 30, 2025
5604+3 2024, from the General Revenue Fund to the Partners for
5605+4 Conservation Fund, an amount equal to 1/10 of the amount set
5606+5 forth below in fiscal year 1996 and an amount equal to 1/12 of
5607+6 the amount set forth below in each of the other specified
5608+7 fiscal years:
5609+8Fiscal Year Amount 91996$ 3,500,000 101997$ 9,000,000 111998$10,000,000 121999$11,000,000 132000$12,500,000 142001 through 2004$14,000,000152005 $7,000,000162006 $11,000,000 172007 $0 182008 through 2011 $14,000,000 192012 $12,200,000 202013 through 2017 $14,000,000212018 $1,500,000 222019 $14,000,000 232020 $7,500,000 242021 through 2023 $14,000,000 252024 $18,000,000262025 $14,000,000 8 Fiscal Year Amount 9 1996 $ 3,500,000 10 1997 $ 9,000,000 11 1998 $10,000,000 12 1999 $11,000,000 13 2000 $12,500,000 14 2001 through 2004 $14,000,000 15 2005 $7,000,000 16 2006 $11,000,000 17 2007 $0 18 2008 through 2011 $14,000,000 19 2012 $12,200,000 20 2013 through 2017 $14,000,000 21 2018 $1,500,000 22 2019 $14,000,000 23 2020 $7,500,000 24 2021 through 2023 $14,000,000 25 2024 $18,000,000 26 2025 $14,000,000
5610+8 Fiscal Year Amount
5611+9 1996 $ 3,500,000
5612+10 1997 $ 9,000,000
5613+11 1998 $10,000,000
5614+12 1999 $11,000,000
5615+13 2000 $12,500,000
5616+14 2001 through 2004 $14,000,000
5617+15 2005 $7,000,000
5618+16 2006 $11,000,000
5619+17 2007 $0
5620+18 2008 through 2011 $14,000,000
5621+19 2012 $12,200,000
5622+20 2013 through 2017 $14,000,000
5623+21 2018 $1,500,000
5624+22 2019 $14,000,000
5625+23 2020 $7,500,000
5626+24 2021 through 2023 $14,000,000
5627+25 2024 $18,000,000
5628+26 2025 $14,000,000
5629+
5630+
5631+
5632+
5633+
5634+ HB4959 Enrolled - 159 - LRB103 36303 SPS 66401 b
5635+
5636+
5637+8 Fiscal Year Amount
5638+9 1996 $ 3,500,000
5639+10 1997 $ 9,000,000
5640+11 1998 $10,000,000
5641+12 1999 $11,000,000
5642+13 2000 $12,500,000
5643+14 2001 through 2004 $14,000,000
5644+15 2005 $7,000,000
5645+16 2006 $11,000,000
5646+17 2007 $0
5647+18 2008 through 2011 $14,000,000
5648+19 2012 $12,200,000
5649+20 2013 through 2017 $14,000,000
5650+21 2018 $1,500,000
5651+22 2019 $14,000,000
5652+23 2020 $7,500,000
5653+24 2021 through 2023 $14,000,000
5654+25 2024 $18,000,000
5655+26 2025 $14,000,000
5656+
5657+
5658+HB4959 Enrolled- 160 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 160 - LRB103 36303 SPS 66401 b
5659+ HB4959 Enrolled - 160 - LRB103 36303 SPS 66401 b
5660+1 (c) The State Comptroller and State Treasurer shall
5661+2 automatically transfer on the last day of each month beginning
5662+3 on July 31, 2021 and ending June 30, 2022, from the
5663+4 Environmental Protection Permit and Inspection Fund to the
5664+5 Partners for Conservation Fund, an amount equal to 1/12 of
5665+6 $4,135,000.
5666+7 (c-1) The State Comptroller and State Treasurer shall
5667+8 automatically transfer on the last day of each month beginning
5668+9 on July 31, 2022 and ending June 30, 2023, from the
5669+10 Environmental Protection Permit and Inspection Fund to the
5670+11 Partners for Conservation Fund, an amount equal to 1/12 of
5671+12 $5,900,000.
5672+13 (d) There shall be deposited into the Partners for
5673+14 Conservation Projects Fund such bond proceeds and other moneys
5674+15 as may, from time to time, be provided by law.
5675+16 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
5676+17 103-8, eff. 6-7-23; 103-494, eff. 8-4-23; revised 9-7-23.)
5677+18 (30 ILCS 105/6z-47)
5678+19 Sec. 6z-47. Fund for Illinois' Future.
5679+20 (a) The Fund for Illinois' Future is hereby created as a
5680+21 special fund in the State Treasury.
5681+22 (b) On June 15, 1999 ( Upon the effective date of Public Act
5682+23 91-38) this amendatory Act of the 91st General Assembly, or as
5683+24 soon as possible thereafter, the Comptroller shall order
5684+25 transferred and the Treasurer shall transfer $260,000,000 from
5685+
5686+
5687+
5688+
5689+
5690+ HB4959 Enrolled - 160 - LRB103 36303 SPS 66401 b
5691+
5692+
5693+HB4959 Enrolled- 161 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 161 - LRB103 36303 SPS 66401 b
5694+ HB4959 Enrolled - 161 - LRB103 36303 SPS 66401 b
5695+1 the General Revenue Fund to the Fund for Illinois' Future.
5696+2 On July 15, 2000, or as soon as possible thereafter, the
5697+3 Comptroller shall order transferred and the Treasurer shall
5698+4 transfer $260,000,000 from the General Revenue Fund to the
5699+5 Fund for Illinois' Future.
5700+6 Revenues in the Fund for Illinois' Future shall include
5701+7 any other funds appropriated or transferred into the Fund.
5702+8 (c) Moneys in the Fund for Illinois' Future may be
5703+9 appropriated for the making of grants and expenditures for
5704+10 planning, engineering, acquisition, construction,
5705+11 reconstruction, development, improvement, and extension of
5706+12 public infrastructure in the State of Illinois, including
5707+13 grants to local governments for public infrastructure, grants
5708+14 to public elementary and secondary school districts for public
5709+15 infrastructure, grants to universities, colleges, community
5710+16 colleges, and non-profit corporations for public
5711+17 infrastructure, and expenditures for public infrastructure of
5712+18 the State and other related purposes, including but not
5713+19 limited to expenditures for equipment, vehicles, community
5714+20 programs, and recreational facilities.
5715+21 (d) Moneys in the Fund for Illinois' Future may also be
5716+22 appropriated for the making of grants to local governments,
5717+23 public and private elementary and secondary schools,
5718+24 non-profit corporations, and community-based providers for
5719+25 costs associated with violence prevention, community
5720+26 development, educational programs, social services, community
5721+
5722+
5723+
5724+
5725+
5726+ HB4959 Enrolled - 161 - LRB103 36303 SPS 66401 b
5727+
5728+
5729+HB4959 Enrolled- 162 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 162 - LRB103 36303 SPS 66401 b
5730+ HB4959 Enrolled - 162 - LRB103 36303 SPS 66401 b
5731+1 programs, and operational expenses.
5732+2 (Source: P.A. 91-38, eff. 6-15-99.)
5733+3 (30 ILCS 105/6z-70)
5734+4 Sec. 6z-70. The Secretary of State Identification Security
5735+5 and Theft Prevention Fund.
5736+6 (a) The Secretary of State Identification Security and
5737+7 Theft Prevention Fund is created as a special fund in the State
5738+8 treasury. The Fund shall consist of any fund transfers,
5739+9 grants, fees, or moneys from other sources received for the
5740+10 purpose of funding identification security and theft
5741+11 prevention measures.
5742+12 (b) All moneys in the Secretary of State Identification
5743+13 Security and Theft Prevention Fund shall be used, subject to
5744+14 appropriation, for any costs related to implementing
5745+15 identification security and theft prevention measures.
5746+16 (c) (Blank).
5747+17 (d) (Blank).
5748+18 (e) (Blank).
5749+19 (f) (Blank).
5750+20 (g) (Blank).
5751+21 (h) (Blank).
5752+22 (i) (Blank).
5753+23 (j) (Blank).
5754+24 (k) (Blank).
5755+25 (l) (Blank).
5756+
5757+
5758+
5759+
5760+
5761+ HB4959 Enrolled - 162 - LRB103 36303 SPS 66401 b
5762+
5763+
5764+HB4959 Enrolled- 163 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 163 - LRB103 36303 SPS 66401 b
5765+ HB4959 Enrolled - 163 - LRB103 36303 SPS 66401 b
5766+1 (m) (Blank).
5767+2 (n) (Blank).
5768+3 (o) (Blank). Notwithstanding any other provision of State
5769+4 law to the contrary, on or after July 1, 2022, and until June
5770+5 30, 2023, in addition to any other transfers that may be
5771+6 provided for by law, at the direction of and upon notification
5772+7 of the Secretary of State, the State Comptroller shall direct
5773+8 and the State Treasurer shall transfer amounts into the
5774+9 Secretary of State Identification Security and Theft
5775+10 Prevention Fund from the designated funds not exceeding the
5776+11 following totals:
5777+12 Division of Corporations Registered Limited
5778+13 Liability Partnership Fund...................$400,000
5779+14 Department of Business Services Special
5780+15 Operations Fund............................$5,500,000
5781+16 Securities Audit and Enforcement Fund..........$4,000,000
5782+17 Corporate Franchise Tax Refund Fund............$4,000,000
5783+18 (p) Notwithstanding any other provision of State law to
5784+19 the contrary, on or after July 1, 2023, and until June 30,
5785+20 2024, in addition to any other transfers that may be provided
5786+21 for by law, at the direction of and upon notification of the
5787+22 Secretary of State, the State Comptroller shall direct and the
5788+23 State Treasurer shall transfer amounts into the Secretary of
5789+24 State Identification Security and Theft Prevention Fund from
5790+25 the designated funds not exceeding the following totals:
5791+26 Division of Corporations Registered Limited
5792+
5793+
5794+
5795+
5796+
5797+ HB4959 Enrolled - 163 - LRB103 36303 SPS 66401 b
5798+
5799+
5800+HB4959 Enrolled- 164 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 164 - LRB103 36303 SPS 66401 b
5801+ HB4959 Enrolled - 164 - LRB103 36303 SPS 66401 b
5802+1 Liability Partnership Fund..................$400,000
5803+2 Department of Business Services Special
5804+3 Operations Fund...........................$5,500,000
5805+4 Securities Audit and Enforcement Fund.........$4,000,000
5806+5 (q) Notwithstanding any other provision of State law to
5807+6 the contrary, on or after July 1, 2024, and until June 30,
5808+7 2025, in addition to any other transfers that may be provided
5809+8 for by law, at the direction of and upon notification of the
5810+9 Secretary of State, the State Comptroller shall direct and the
5811+10 State Treasurer shall transfer amounts into the Secretary of
5812+11 State Identification Security and Theft Prevention Fund from
5813+12 the designated funds not exceeding the following totals:
5814+13 Division of Corporations Registered Limited
5815+14 Liability Partnership Fund...................$400,000
5816+15 Department of Business Services Special
5817+16 Operations Fund............................$5,500,000
5818+17 Securities Audit and Enforcement Fund..........$4,000,000
5819+18 Corporate Franchise Tax Refund Fund............$3,000,000
5820+19 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
5821+20 103-8, eff. 6-7-23.)
5822+21 (30 ILCS 105/6z-111)
5823+22 Sec. 6z-111. Rebuild Illinois Projects Fund.
5824+23 (a) The Rebuild Illinois Projects Fund is created as a
5825+24 special fund in the State treasury and shall receive moneys
5826+25 from the collection of license fees on initial licenses issued
5827+
5828+
5829+
5830+
5831+
5832+ HB4959 Enrolled - 164 - LRB103 36303 SPS 66401 b
5833+
5834+
5835+HB4959 Enrolled- 165 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 165 - LRB103 36303 SPS 66401 b
5836+ HB4959 Enrolled - 165 - LRB103 36303 SPS 66401 b
5837+1 for newly licensed gaming facilities or wagering platforms in
5838+2 Fiscal Year 2019 or thereafter, and any other moneys
5839+3 appropriated or transferred to it as provided by law.
5840+4 (b) Money in the Rebuild Illinois Projects Fund shall be
5841+5 used, subject to appropriation, for grants that support
5842+6 community development, including capital projects and other
5843+7 purposes authorized by law.
5844+8 (Source: P.A. 101-30, eff. 6-28-19.)
5845+9 (30 ILCS 105/6z-140 new)
5846+10 Sec. 6z-140. Professions Licensure Fund. The Professions
5847+11 Licensure Fund is created as a special fund in the State
5848+12 treasury. The Fund may receive revenue from any authorized
5849+13 source, including, but not limited to, gifts, grants, awards,
5850+14 transfers, and appropriations. Subject to appropriation, the
5851+15 Department of Financial and Professional Regulation may use
5852+16 moneys in the Fund for costs directly associated with the
5853+17 procurement of electronic data processing software, licenses,
5854+18 or any other information technology system products and for
5855+19 the ongoing costs of electronic data processing software,
5856+20 licenses, or other information technology system products
5857+21 related to the granting, renewal, or administration of all
5858+22 licenses under the Department's jurisdiction.
5859+23 (30 ILCS 105/8.3)
5860+24 Sec. 8.3. Money in the Road Fund shall, if and when the
5861+
5862+
5863+
5864+
5865+
5866+ HB4959 Enrolled - 165 - LRB103 36303 SPS 66401 b
5867+
5868+
5869+HB4959 Enrolled- 166 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 166 - LRB103 36303 SPS 66401 b
5870+ HB4959 Enrolled - 166 - LRB103 36303 SPS 66401 b
5871+1 State of Illinois incurs any bonded indebtedness for the
5872+2 construction of permanent highways, be set aside and used for
5873+3 the purpose of paying and discharging annually the principal
5874+4 and interest on that bonded indebtedness then due and payable,
5875+5 and for no other purpose. The surplus, if any, in the Road Fund
5876+6 after the payment of principal and interest on that bonded
5877+7 indebtedness then annually due shall be used as follows:
5878+8 first -- to pay the cost of administration of Chapters
5879+9 2 through 10 of the Illinois Vehicle Code, except the cost
5880+10 of administration of Articles I and II of Chapter 3 of that
5881+11 Code, and to pay the costs of the Executive Ethics
5882+12 Commission for oversight and administration of the Chief
5883+13 Procurement Officer appointed under paragraph (2) of
5884+14 subsection (a) of Section 10-20 of the Illinois
5885+15 Procurement Code for transportation; and
5886+16 secondly -- for expenses of the Department of
5887+17 Transportation for construction, reconstruction,
5888+18 improvement, repair, maintenance, operation, and
5889+19 administration of highways in accordance with the
5890+20 provisions of laws relating thereto, or for any purpose
5891+21 related or incident to and connected therewith, including
5892+22 the separation of grades of those highways with railroads
5893+23 and with highways and including the payment of awards made
5894+24 by the Illinois Workers' Compensation Commission under the
5895+25 terms of the Workers' Compensation Act or Workers'
5896+26 Occupational Diseases Act for injury or death of an
5897+
5898+
5899+
5900+
5901+
5902+ HB4959 Enrolled - 166 - LRB103 36303 SPS 66401 b
5903+
5904+
5905+HB4959 Enrolled- 167 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 167 - LRB103 36303 SPS 66401 b
5906+ HB4959 Enrolled - 167 - LRB103 36303 SPS 66401 b
5907+1 employee of the Division of Highways in the Department of
5908+2 Transportation; or for the acquisition of land and the
5909+3 erection of buildings for highway purposes, including the
5910+4 acquisition of highway right-of-way or for investigations
5911+5 to determine the reasonably anticipated future highway
5912+6 needs; or for making of surveys, plans, specifications and
5913+7 estimates for and in the construction and maintenance of
5914+8 flight strips and of highways necessary to provide access
5915+9 to military and naval reservations, to defense industries
5916+10 and defense-industry sites, and to the sources of raw
5917+11 materials and for replacing existing highways and highway
5918+12 connections shut off from general public use at military
5919+13 and naval reservations and defense-industry sites, or for
5920+14 the purchase of right-of-way, except that the State shall
5921+15 be reimbursed in full for any expense incurred in building
5922+16 the flight strips; or for the operating and maintaining of
5923+17 highway garages; or for patrolling and policing the public
5924+18 highways and conserving the peace; or for the operating
5925+19 expenses of the Department relating to the administration
5926+20 of public transportation programs; or, during fiscal year
5927+21 2023, for the purposes of a grant not to exceed $8,394,800
5928+22 to the Regional Transportation Authority on behalf of PACE
5929+23 for the purpose of ADA/Para-transit expenses; or, during
5930+24 fiscal year 2024, for the purposes of a grant not to exceed
5931+25 $9,108,400 to the Regional Transportation Authority on
5932+26 behalf of PACE for the purpose of ADA/Para-transit
5933+
5934+
5935+
5936+
5937+
5938+ HB4959 Enrolled - 167 - LRB103 36303 SPS 66401 b
5939+
5940+
5941+HB4959 Enrolled- 168 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 168 - LRB103 36303 SPS 66401 b
5942+ HB4959 Enrolled - 168 - LRB103 36303 SPS 66401 b
5943+1 expenses; or, during fiscal year 2025, for the purposes of
5944+2 a grant not to exceed $10,020,000 to the Regional
5945+3 Transportation Authority on behalf of PACE for the purpose
5946+4 of ADA/Para-transit expenses; or for any of those purposes
5947+5 or any other purpose that may be provided by law.
5948+6 Appropriations for any of those purposes are payable from
5949+7 the Road Fund. Appropriations may also be made from the Road
5950+8 Fund for the administrative expenses of any State agency that
5951+9 are related to motor vehicles or arise from the use of motor
5952+10 vehicles.
5953+11 Beginning with fiscal year 1980 and thereafter, no Road
5954+12 Fund monies shall be appropriated to the following Departments
5955+13 or agencies of State government for administration, grants, or
5956+14 operations; but this limitation is not a restriction upon
5957+15 appropriating for those purposes any Road Fund monies that are
5958+16 eligible for federal reimbursement:
5959+17 1. Department of Public Health;
5960+18 2. Department of Transportation, only with respect to
5961+19 subsidies for one-half fare Student Transportation and
5962+20 Reduced Fare for Elderly, except fiscal year 2023 when no
5963+21 more than $17,570,000 may be expended and except fiscal
5964+22 year 2024 when no more than $19,063,500 may be expended
5965+23 and except fiscal year 2025 when no more than $20,969,900
5966+24 may be expended;
5967+25 3. Department of Central Management Services, except
5968+26 for expenditures incurred for group insurance premiums of
5969+
5970+
5971+
5972+
5973+
5974+ HB4959 Enrolled - 168 - LRB103 36303 SPS 66401 b
5975+
5976+
5977+HB4959 Enrolled- 169 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 169 - LRB103 36303 SPS 66401 b
5978+ HB4959 Enrolled - 169 - LRB103 36303 SPS 66401 b
5979+1 appropriate personnel;
5980+2 4. Judicial Systems and Agencies.
5981+3 Beginning with fiscal year 1981 and thereafter, no Road
5982+4 Fund monies shall be appropriated to the following Departments
5983+5 or agencies of State government for administration, grants, or
5984+6 operations; but this limitation is not a restriction upon
5985+7 appropriating for those purposes any Road Fund monies that are
5986+8 eligible for federal reimbursement:
5987+9 1. Illinois State Police, except for expenditures with
5988+10 respect to the Division of Patrol and Division of Criminal
5989+11 Investigation;
5990+12 2. Department of Transportation, only with respect to
5991+13 Intercity Rail Subsidies, except fiscal year 2023 when no
5992+14 more than $55,000,000 may be expended and except fiscal
5993+15 year 2024 when no more than $60,000,000 may be expended
5994+16 and except fiscal year 2025 when no more than $67,000,000
5995+17 may be expended, and Rail Freight Services.
5996+18 Beginning with fiscal year 1982 and thereafter, no Road
5997+19 Fund monies shall be appropriated to the following Departments
5998+20 or agencies of State government for administration, grants, or
5999+21 operations; but this limitation is not a restriction upon
6000+22 appropriating for those purposes any Road Fund monies that are
6001+23 eligible for federal reimbursement: Department of Central
6002+24 Management Services, except for awards made by the Illinois
6003+25 Workers' Compensation Commission under the terms of the
6004+26 Workers' Compensation Act or Workers' Occupational Diseases
6005+
6006+
6007+
6008+
6009+
6010+ HB4959 Enrolled - 169 - LRB103 36303 SPS 66401 b
6011+
6012+
6013+HB4959 Enrolled- 170 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 170 - LRB103 36303 SPS 66401 b
6014+ HB4959 Enrolled - 170 - LRB103 36303 SPS 66401 b
6015+1 Act for injury or death of an employee of the Division of
6016+2 Highways in the Department of Transportation.
6017+3 Beginning with fiscal year 1984 and thereafter, no Road
6018+4 Fund monies shall be appropriated to the following Departments
6019+5 or agencies of State government for administration, grants, or
6020+6 operations; but this limitation is not a restriction upon
6021+7 appropriating for those purposes any Road Fund monies that are
6022+8 eligible for federal reimbursement:
6023+9 1. Illinois State Police, except not more than 40% of
6024+10 the funds appropriated for the Division of Patrol and
6025+11 Division of Criminal Investigation;
6026+12 2. State Officers.
6027+13 Beginning with fiscal year 1984 and thereafter, no Road
6028+14 Fund monies shall be appropriated to any Department or agency
6029+15 of State government for administration, grants, or operations
6030+16 except as provided hereafter; but this limitation is not a
6031+17 restriction upon appropriating for those purposes any Road
6032+18 Fund monies that are eligible for federal reimbursement. It
6033+19 shall not be lawful to circumvent the above appropriation
6034+20 limitations by governmental reorganization or other methods.
6035+21 Appropriations shall be made from the Road Fund only in
6036+22 accordance with the provisions of this Section.
6037+23 Money in the Road Fund shall, if and when the State of
6038+24 Illinois incurs any bonded indebtedness for the construction
6039+25 of permanent highways, be set aside and used for the purpose of
6040+26 paying and discharging during each fiscal year the principal
6041+
6042+
6043+
6044+
6045+
6046+ HB4959 Enrolled - 170 - LRB103 36303 SPS 66401 b
6047+
6048+
6049+HB4959 Enrolled- 171 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 171 - LRB103 36303 SPS 66401 b
6050+ HB4959 Enrolled - 171 - LRB103 36303 SPS 66401 b
6051+1 and interest on that bonded indebtedness as it becomes due and
6052+2 payable as provided in the Transportation Bond Act, and for no
6053+3 other purpose. The surplus, if any, in the Road Fund after the
6054+4 payment of principal and interest on that bonded indebtedness
6055+5 then annually due shall be used as follows:
6056+6 first -- to pay the cost of administration of Chapters
6057+7 2 through 10 of the Illinois Vehicle Code; and
6058+8 secondly -- no Road Fund monies derived from fees,
6059+9 excises, or license taxes relating to registration,
6060+10 operation and use of vehicles on public highways or to
6061+11 fuels used for the propulsion of those vehicles, shall be
6062+12 appropriated or expended other than for costs of
6063+13 administering the laws imposing those fees, excises, and
6064+14 license taxes, statutory refunds and adjustments allowed
6065+15 thereunder, administrative costs of the Department of
6066+16 Transportation, including, but not limited to, the
6067+17 operating expenses of the Department relating to the
6068+18 administration of public transportation programs, payment
6069+19 of debts and liabilities incurred in construction and
6070+20 reconstruction of public highways and bridges, acquisition
6071+21 of rights-of-way for and the cost of construction,
6072+22 reconstruction, maintenance, repair, and operation of
6073+23 public highways and bridges under the direction and
6074+24 supervision of the State, political subdivision, or
6075+25 municipality collecting those monies, or during fiscal
6076+26 year 2023 for the purposes of a grant not to exceed
6077+
6078+
6079+
6080+
6081+
6082+ HB4959 Enrolled - 171 - LRB103 36303 SPS 66401 b
6083+
6084+
6085+HB4959 Enrolled- 172 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 172 - LRB103 36303 SPS 66401 b
6086+ HB4959 Enrolled - 172 - LRB103 36303 SPS 66401 b
6087+1 $8,394,800 to the Regional Transportation Authority on
6088+2 behalf of PACE for the purpose of ADA/Para-transit
6089+3 expenses, or during fiscal year 2024 for the purposes of a
6090+4 grant not to exceed $9,108,400 to the Regional
6091+5 Transportation Authority on behalf of PACE for the purpose
6092+6 of ADA/Para-transit expenses, or during fiscal year 2025
6093+7 for the purposes of a grant not to exceed $10,020,000 to
6094+8 the Regional Transportation Authority on behalf of PACE
6095+9 for the purpose of ADA/Para-transit expenses, and the
6096+10 costs for patrolling and policing the public highways (by
6097+11 the State, political subdivision, or municipality
6098+12 collecting that money) for enforcement of traffic laws.
6099+13 The separation of grades of such highways with railroads
6100+14 and costs associated with protection of at-grade highway
6101+15 and railroad crossing shall also be permissible.
6102+16 Appropriations for any of such purposes are payable from
6103+17 the Road Fund or the Grade Crossing Protection Fund as
6104+18 provided in Section 8 of the Motor Fuel Tax Law.
6105+19 Except as provided in this paragraph, beginning with
6106+20 fiscal year 1991 and thereafter, no Road Fund monies shall be
6107+21 appropriated to the Illinois State Police for the purposes of
6108+22 this Section in excess of its total fiscal year 1990 Road Fund
6109+23 appropriations for those purposes unless otherwise provided in
6110+24 Section 5g of this Act. For fiscal years 2003, 2004, 2005,
6111+25 2006, and 2007 only, no Road Fund monies shall be appropriated
6112+26 to the Department of State Police for the purposes of this
6113+
6114+
6115+
6116+
6117+
6118+ HB4959 Enrolled - 172 - LRB103 36303 SPS 66401 b
6119+
6120+
6121+HB4959 Enrolled- 173 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 173 - LRB103 36303 SPS 66401 b
6122+ HB4959 Enrolled - 173 - LRB103 36303 SPS 66401 b
6123+1 Section in excess of $97,310,000. For fiscal year 2008 only,
6124+2 no Road Fund monies shall be appropriated to the Department of
6125+3 State Police for the purposes of this Section in excess of
6126+4 $106,100,000. For fiscal year 2009 only, no Road Fund monies
6127+5 shall be appropriated to the Department of State Police for
6128+6 the purposes of this Section in excess of $114,700,000.
6129+7 Beginning in fiscal year 2010, no Road Fund road fund moneys
6130+8 shall be appropriated to the Illinois State Police. It shall
6131+9 not be lawful to circumvent this limitation on appropriations
6132+10 by governmental reorganization or other methods unless
6133+11 otherwise provided in Section 5g of this Act.
6134+12 In fiscal year 1994, no Road Fund monies shall be
6135+13 appropriated to the Secretary of State for the purposes of
6136+14 this Section in excess of the total fiscal year 1991 Road Fund
6137+15 appropriations to the Secretary of State for those purposes,
6138+16 plus $9,800,000. It shall not be lawful to circumvent this
6139+17 limitation on appropriations by governmental reorganization or
6140+18 other method.
6141+19 Beginning with fiscal year 1995 and thereafter, no Road
6142+20 Fund monies shall be appropriated to the Secretary of State
6143+21 for the purposes of this Section in excess of the total fiscal
6144+22 year 1994 Road Fund appropriations to the Secretary of State
6145+23 for those purposes. It shall not be lawful to circumvent this
6146+24 limitation on appropriations by governmental reorganization or
6147+25 other methods.
6148+26 Beginning with fiscal year 2000, total Road Fund
6149+
6150+
6151+
6152+
6153+
6154+ HB4959 Enrolled - 173 - LRB103 36303 SPS 66401 b
6155+
6156+
6157+HB4959 Enrolled- 174 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 174 - LRB103 36303 SPS 66401 b
6158+ HB4959 Enrolled - 174 - LRB103 36303 SPS 66401 b
6159+1 appropriations to the Secretary of State for the purposes of
6160+2 this Section shall not exceed the amounts specified for the
6161+3 following fiscal years:
6162+4 Fiscal Year 2000$80,500,000;5 Fiscal Year 2001$80,500,000;6 Fiscal Year 2002$80,500,000;7 Fiscal Year 2003$130,500,000;8 Fiscal Year 2004$130,500,000;9 Fiscal Year 2005$130,500,000; 10 Fiscal Year 2006 $130,500,000; 11 Fiscal Year 2007 $130,500,000; 12 Fiscal Year 2008$130,500,000; 13 Fiscal Year 2009 $130,500,000. 4 Fiscal Year 2000 $80,500,000; 5 Fiscal Year 2001 $80,500,000; 6 Fiscal Year 2002 $80,500,000; 7 Fiscal Year 2003 $130,500,000; 8 Fiscal Year 2004 $130,500,000; 9 Fiscal Year 2005 $130,500,000; 10 Fiscal Year 2006 $130,500,000; 11 Fiscal Year 2007 $130,500,000; 12 Fiscal Year 2008 $130,500,000; 13 Fiscal Year 2009 $130,500,000.
6163+4 Fiscal Year 2000 $80,500,000;
6164+5 Fiscal Year 2001 $80,500,000;
6165+6 Fiscal Year 2002 $80,500,000;
6166+7 Fiscal Year 2003 $130,500,000;
6167+8 Fiscal Year 2004 $130,500,000;
6168+9 Fiscal Year 2005 $130,500,000;
6169+10 Fiscal Year 2006 $130,500,000;
6170+11 Fiscal Year 2007 $130,500,000;
6171+12 Fiscal Year 2008 $130,500,000;
6172+13 Fiscal Year 2009 $130,500,000.
6173+14 For fiscal year 2010, no road fund moneys shall be
6174+15 appropriated to the Secretary of State.
6175+16 Beginning in fiscal year 2011, moneys in the Road Fund
6176+17 shall be appropriated to the Secretary of State for the
6177+18 exclusive purpose of paying refunds due to overpayment of fees
6178+19 related to Chapter 3 of the Illinois Vehicle Code unless
6179+20 otherwise provided for by law.
6180+21 Beginning in fiscal year 2025, moneys in the Road Fund may
6181+22 be appropriated to the Environmental Protection Agency for the
6182+23 exclusive purpose of making deposits into the Electric Vehicle
6183+24 Rebate Fund, subject to appropriation, to be used for purposes
6184+25 consistent with Section 11 of Article IX of the Illinois
6185+26 Constitution.
6186+
6187+
6188+
6189+
6190+
6191+ HB4959 Enrolled - 174 - LRB103 36303 SPS 66401 b
6192+
6193+
6194+4 Fiscal Year 2000 $80,500,000;
6195+5 Fiscal Year 2001 $80,500,000;
6196+6 Fiscal Year 2002 $80,500,000;
6197+7 Fiscal Year 2003 $130,500,000;
6198+8 Fiscal Year 2004 $130,500,000;
6199+9 Fiscal Year 2005 $130,500,000;
6200+10 Fiscal Year 2006 $130,500,000;
6201+11 Fiscal Year 2007 $130,500,000;
6202+12 Fiscal Year 2008 $130,500,000;
6203+13 Fiscal Year 2009 $130,500,000.
6204+
6205+
6206+HB4959 Enrolled- 175 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 175 - LRB103 36303 SPS 66401 b
6207+ HB4959 Enrolled - 175 - LRB103 36303 SPS 66401 b
6208+1 It shall not be lawful to circumvent this limitation on
6209+2 appropriations by governmental reorganization or other
6210+3 methods.
6211+4 No new program may be initiated in fiscal year 1991 and
6212+5 thereafter that is not consistent with the limitations imposed
6213+6 by this Section for fiscal year 1984 and thereafter, insofar
6214+7 as appropriation of Road Fund monies is concerned.
6215+8 Nothing in this Section prohibits transfers from the Road
6216+9 Fund to the State Construction Account Fund under Section 5e
6217+10 of this Act; nor to the General Revenue Fund, as authorized by
6218+11 Public Act 93-25.
6219+12 The additional amounts authorized for expenditure in this
6220+13 Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
6221+14 shall be repaid to the Road Fund from the General Revenue Fund
6222+15 in the next succeeding fiscal year that the General Revenue
6223+16 Fund has a positive budgetary balance, as determined by
6224+17 generally accepted accounting principles applicable to
6225+18 government.
6226+19 The additional amounts authorized for expenditure by the
6227+20 Secretary of State and the Department of State Police in this
6228+21 Section by Public Act 94-91 shall be repaid to the Road Fund
6229+22 from the General Revenue Fund in the next succeeding fiscal
6230+23 year that the General Revenue Fund has a positive budgetary
6231+24 balance, as determined by generally accepted accounting
6232+25 principles applicable to government.
6233+26 (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
6234+
6235+
6236+
6237+
6238+
6239+ HB4959 Enrolled - 175 - LRB103 36303 SPS 66401 b
6240+
6241+
6242+HB4959 Enrolled- 176 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 176 - LRB103 36303 SPS 66401 b
6243+ HB4959 Enrolled - 176 - LRB103 36303 SPS 66401 b
6244+1 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.
6245+2 6-7-23; 103-34, eff. 1-1-24; revised 12-12-23.)
6246+3 (30 ILCS 105/8.12) (from Ch. 127, par. 144.12)
6247+4 Sec. 8.12. State Pensions Fund.
6248+5 (a) The moneys in the State Pensions Fund shall be used
6249+6 exclusively for the administration of the Revised Uniform
6250+7 Unclaimed Property Act and for the expenses incurred by the
6251+8 Auditor General for administering the provisions of Section
6252+9 2-8.1 of the Illinois State Auditing Act and for operational
6253+10 expenses of the Office of the State Treasurer and for the
6254+11 funding of the unfunded liabilities of the designated
6255+12 retirement systems. For the purposes of this Section,
6256+13 "operational expenses of the Office of the State Treasurer"
6257+14 includes the acquisition of land and buildings in State fiscal
6258+15 years 2019 and 2020 for use by the Office of the State
6259+16 Treasurer, as well as construction, reconstruction,
6260+17 improvement, repair, and maintenance, in accordance with the
6261+18 provisions of laws relating thereto, of such lands and
6262+19 buildings beginning in State fiscal year 2019 and thereafter.
6263+20 Beginning in State fiscal year 2026 2025, payments to the
6264+21 designated retirement systems under this Section shall be in
6265+22 addition to, and not in lieu of, any State contributions
6266+23 required under the Illinois Pension Code.
6267+24 "Designated retirement systems" means:
6268+25 (1) the State Employees' Retirement System of
6269+
6270+
6271+
6272+
6273+
6274+ HB4959 Enrolled - 176 - LRB103 36303 SPS 66401 b
6275+
6276+
6277+HB4959 Enrolled- 177 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 177 - LRB103 36303 SPS 66401 b
6278+ HB4959 Enrolled - 177 - LRB103 36303 SPS 66401 b
6279+1 Illinois;
6280+2 (2) the Teachers' Retirement System of the State of
6281+3 Illinois;
6282+4 (3) the State Universities Retirement System;
6283+5 (4) the Judges Retirement System of Illinois; and
6284+6 (5) the General Assembly Retirement System.
6285+7 (b) Each year the General Assembly may make appropriations
6286+8 from the State Pensions Fund for the administration of the
6287+9 Revised Uniform Unclaimed Property Act.
6288+10 (c) (Blank).
6289+11 (c-5) For fiscal years 2006 through 2025 2024, the General
6290+12 Assembly shall appropriate from the State Pensions Fund to the
6291+13 State Universities Retirement System the amount estimated to
6292+14 be available during the fiscal year in the State Pensions
6293+15 Fund; provided, however, that the amounts appropriated under
6294+16 this subsection (c-5) shall not reduce the amount in the State
6295+17 Pensions Fund below $5,000,000.
6296+18 (c-6) For fiscal year 2026 2025 and each fiscal year
6297+19 thereafter, as soon as may be practical after any money is
6298+20 deposited into the State Pensions Fund from the Unclaimed
6299+21 Property Trust Fund, the State Treasurer shall apportion the
6300+22 deposited amount among the designated retirement systems as
6301+23 defined in subsection (a) to reduce their actuarial reserve
6302+24 deficiencies. The State Comptroller and State Treasurer shall
6303+25 pay the apportioned amounts to the designated retirement
6304+26 systems to fund the unfunded liabilities of the designated
6305+
6306+
6307+
6308+
6309+
6310+ HB4959 Enrolled - 177 - LRB103 36303 SPS 66401 b
6311+
6312+
6313+HB4959 Enrolled- 178 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 178 - LRB103 36303 SPS 66401 b
6314+ HB4959 Enrolled - 178 - LRB103 36303 SPS 66401 b
6315+1 retirement systems. The amount apportioned to each designated
6316+2 retirement system shall constitute a portion of the amount
6317+3 estimated to be available for appropriation from the State
6318+4 Pensions Fund that is the same as that retirement system's
6319+5 portion of the total actual reserve deficiency of the systems,
6320+6 as determined annually by the Governor's Office of Management
6321+7 and Budget at the request of the State Treasurer. The amounts
6322+8 apportioned under this subsection shall not reduce the amount
6323+9 in the State Pensions Fund below $5,000,000.
6324+10 (d) The Governor's Office of Management and Budget shall
6325+11 determine the individual and total reserve deficiencies of the
6326+12 designated retirement systems. For this purpose, the
6327+13 Governor's Office of Management and Budget shall utilize the
6328+14 latest available audit and actuarial reports of each of the
6329+15 retirement systems and the relevant reports and statistics of
6330+16 the Public Employee Pension Fund Division of the Department of
6331+17 Insurance.
6332+18 (d-1) (Blank).
6333+19 (e) The changes to this Section made by Public Act 88-593
6334+20 shall first apply to distributions from the Fund for State
6335+21 fiscal year 1996.
6336+22 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
6337+23 103-8, eff. 6-7-23.)
6338+24 (30 ILCS 105/8g-1)
6339+25 Sec. 8g-1. Fund transfers.
6340+
6341+
6342+
6343+
6344+
6345+ HB4959 Enrolled - 178 - LRB103 36303 SPS 66401 b
6346+
6347+
6348+HB4959 Enrolled- 179 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 179 - LRB103 36303 SPS 66401 b
6349+ HB4959 Enrolled - 179 - LRB103 36303 SPS 66401 b
6350+1 (a) (Blank).
6351+2 (b) (Blank).
6352+3 (c) (Blank).
6353+4 (d) (Blank).
6354+5 (e) (Blank).
6355+6 (f) (Blank).
6356+7 (g) (Blank).
6357+8 (h) (Blank).
6358+9 (i) (Blank).
6359+10 (j) (Blank).
6360+11 (k) (Blank).
6361+12 (l) (Blank).
6362+13 (m) (Blank).
6363+14 (n) (Blank).
6364+15 (o) (Blank).
6365+16 (p) (Blank).
6366+17 (q) (Blank).
6367+18 (r) (Blank).
6368+19 (s) (Blank).
6369+20 (t) (Blank).
6370+21 (u) (Blank). In addition to any other transfers that may
6371+22 be provided for by law, on July 1, 2021, or as soon thereafter
6372+23 as practical, only as directed by the Director of the
6373+24 Governor's Office of Management and Budget, the State
6374+25 Comptroller shall direct and the State Treasurer shall
6375+26 transfer the sum of $5,000,000 from the General Revenue Fund
6376+
6377+
6378+
6379+
6380+
6381+ HB4959 Enrolled - 179 - LRB103 36303 SPS 66401 b
6382+
6383+
6384+HB4959 Enrolled- 180 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 180 - LRB103 36303 SPS 66401 b
6385+ HB4959 Enrolled - 180 - LRB103 36303 SPS 66401 b
6386+1 to the DoIT Special Projects Fund, and on June 1, 2022, or as
6387+2 soon thereafter as practical, but no later than June 30, 2022,
6388+3 the State Comptroller shall direct and the State Treasurer
6389+4 shall transfer the sum so transferred from the DoIT Special
6390+5 Projects Fund to the General Revenue Fund.
6391+6 (v) (Blank). In addition to any other transfers that may
6392+7 be provided for by law, on July 1, 2021, or as soon thereafter
6393+8 as practical, the State Comptroller shall direct and the State
6394+9 Treasurer shall transfer the sum of $500,000 from the General
6395+10 Revenue Fund to the Governor's Administrative Fund.
6396+11 (w) (Blank). In addition to any other transfers that may
6397+12 be provided for by law, on July 1, 2021, or as soon thereafter
6398+13 as practical, the State Comptroller shall direct and the State
6399+14 Treasurer shall transfer the sum of $500,000 from the General
6400+15 Revenue Fund to the Grant Accountability and Transparency
6401+16 Fund.
6402+17 (x) (Blank). In addition to any other transfers that may
6403+18 be provided for by law, at a time or times during Fiscal Year
6404+19 2022 as directed by the Governor, the State Comptroller shall
6405+20 direct and the State Treasurer shall transfer up to a total of
6406+21 $20,000,000 from the General Revenue Fund to the Illinois
6407+22 Sports Facilities Fund to be credited to the Advance Account
6408+23 within the Fund.
6409+24 (y) (Blank). In addition to any other transfers that may
6410+25 be provided for by law, on June 15, 2021, or as soon thereafter
6411+26 as practical, but no later than June 30, 2021, the State
6412+
6413+
6414+
6415+
6416+
6417+ HB4959 Enrolled - 180 - LRB103 36303 SPS 66401 b
6418+
6419+
6420+HB4959 Enrolled- 181 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 181 - LRB103 36303 SPS 66401 b
6421+ HB4959 Enrolled - 181 - LRB103 36303 SPS 66401 b
6422+1 Comptroller shall direct and the State Treasurer shall
6423+2 transfer the sum of $100,000,000 from the General Revenue Fund
6424+3 to the Technology Management Revolving Fund.
6425+4 (z) (Blank). In addition to any other transfers that may
6426+5 be provided for by law, on April 19, 2022 (the effective date
6427+6 of Public Act 102-699), or as soon thereafter as practical,
6428+7 but no later than June 30, 2022, the State Comptroller shall
6429+8 direct and the State Treasurer shall transfer the sum of
6430+9 $148,000,000 from the General Revenue Fund to the Build
6431+10 Illinois Bond Fund.
6432+11 (aa) (Blank). In addition to any other transfers that may
6433+12 be provided for by law, on April 19, 2022 (the effective date
6434+13 of Public Act 102-699), or as soon thereafter as practical,
6435+14 but no later than June 30, 2022, the State Comptroller shall
6436+15 direct and the State Treasurer shall transfer the sum of
6437+16 $180,000,000 from the General Revenue Fund to the Rebuild
6438+17 Illinois Projects Fund.
6439+18 (bb) (Blank). In addition to any other transfers that may
6440+19 be provided for by law, on July 1, 2022, or as soon thereafter
6441+20 as practical, the State Comptroller shall direct and the State
6442+21 Treasurer shall transfer the sum of $500,000 from the General
6443+22 Revenue Fund to the Governor's Administrative Fund.
6444+23 (cc) (Blank). In addition to any other transfers that may
6445+24 be provided for by law, on July 1, 2022, or as soon thereafter
6446+25 as practical, the State Comptroller shall direct and the State
6447+26 Treasurer shall transfer the sum of $500,000 from the General
6448+
6449+
6450+
6451+
6452+
6453+ HB4959 Enrolled - 181 - LRB103 36303 SPS 66401 b
6454+
6455+
6456+HB4959 Enrolled- 182 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 182 - LRB103 36303 SPS 66401 b
6457+ HB4959 Enrolled - 182 - LRB103 36303 SPS 66401 b
6458+1 Revenue Fund to the Grant Accountability and Transparency
6459+2 Fund.
6460+3 (dd) (Blank). In addition to any other transfers that may
6461+4 be provided by law, on April 19, 2022 (the effective date of
6462+5 Public Act 102-700), or as soon thereafter as practical, but
6463+6 no later than June 30, 2022, the State Comptroller shall
6464+7 direct and the State Treasurer shall transfer the sum of
6465+8 $685,000,000 from the General Revenue Fund to the Income Tax
6466+9 Refund Fund. Moneys from this transfer shall be used for the
6467+10 purpose of making the one-time rebate payments provided under
6468+11 Section 212.1 of the Illinois Income Tax Act.
6469+12 (ee) (Blank). In addition to any other transfers that may
6470+13 be provided by law, beginning on April 19, 2022 (the effective
6471+14 date of Public Act 102-700) and until December 31, 2023, at the
6472+15 direction of the Department of Revenue, the State Comptroller
6473+16 shall direct and the State Treasurer shall transfer from the
6474+17 General Revenue Fund to the Income Tax Refund Fund any amounts
6475+18 needed beyond the amounts transferred in subsection (dd) to
6476+19 make payments of the one-time rebate payments provided under
6477+20 Section 212.1 of the Illinois Income Tax Act.
6478+21 (ff) (Blank). In addition to any other transfers that may
6479+22 be provided for by law, on April 19, 2022 (the effective date
6480+23 of Public Act 102-700), or as soon thereafter as practical,
6481+24 but no later than June 30, 2022, the State Comptroller shall
6482+25 direct and the State Treasurer shall transfer the sum of
6483+26 $720,000,000 from the General Revenue Fund to the Budget
6484+
6485+
6486+
6487+
6488+
6489+ HB4959 Enrolled - 182 - LRB103 36303 SPS 66401 b
6490+
6491+
6492+HB4959 Enrolled- 183 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 183 - LRB103 36303 SPS 66401 b
6493+ HB4959 Enrolled - 183 - LRB103 36303 SPS 66401 b
6494+1 Stabilization Fund.
6495+2 (gg) (Blank). In addition to any other transfers that may
6496+3 be provided for by law, on July 1, 2022, or as soon thereafter
6497+4 as practical, the State Comptroller shall direct and the State
6498+5 Treasurer shall transfer the sum of $280,000,000 from the
6499+6 General Revenue Fund to the Budget Stabilization Fund.
6500+7 (hh) (Blank). In addition to any other transfers that may
6501+8 be provided for by law, on July 1, 2022, or as soon thereafter
6502+9 as practical, the State Comptroller shall direct and the State
6503+10 Treasurer shall transfer the sum of $200,000,000 from the
6504+11 General Revenue Fund to the Pension Stabilization Fund.
6505+12 (ii) (Blank). In addition to any other transfers that may
6506+13 be provided for by law, on January 1, 2023, or as soon
6507+14 thereafter as practical, the State Comptroller shall direct
6508+15 and the State Treasurer shall transfer the sum of $850,000,000
6509+16 from the General Revenue Fund to the Budget Stabilization
6510+17 Fund.
6511+18 (jj) (Blank). In addition to any other transfers that may
6512+19 be provided for by law, at a time or times during Fiscal Year
6513+20 2023 as directed by the Governor, the State Comptroller shall
6514+21 direct and the State Treasurer shall transfer up to a total of
6515+22 $400,000,000 from the General Revenue Fund to the Large
6516+23 Business Attraction Fund.
6517+24 (kk) (Blank). In addition to any other transfers that may
6518+25 be provided for by law, on January 1, 2023, or as soon
6519+26 thereafter as practical, the State Comptroller shall direct
6520+
6521+
6522+
6523+
6524+
6525+ HB4959 Enrolled - 183 - LRB103 36303 SPS 66401 b
6526+
6527+
6528+HB4959 Enrolled- 184 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 184 - LRB103 36303 SPS 66401 b
6529+ HB4959 Enrolled - 184 - LRB103 36303 SPS 66401 b
6530+1 and the State Treasurer shall transfer the sum of $72,000,000
6531+2 from the General Revenue Fund to the Disaster Response and
6532+3 Recovery Fund.
6533+4 (ll) (Blank). In addition to any other transfers that may
6534+5 be provided for by law, on the effective date of the changes
6535+6 made to this Section by this amendatory Act of the 103rd
6536+7 General Assembly, or as soon thereafter as practical, but no
6537+8 later than June 30, 2023, the State Comptroller shall direct
6538+9 and the State Treasurer shall transfer the sum of $200,000,000
6539+10 from the General Revenue Fund to the Pension Stabilization
6540+11 Fund.
6541+12 (mm) In addition to any other transfers that may be
6542+13 provided for by law, beginning on the effective date of the
6543+14 changes made to this Section by this amendatory Act of the
6544+15 103rd General Assembly and until June 30, 2024, as directed by
6545+16 the Governor, the State Comptroller shall direct and the State
6546+17 Treasurer shall transfer up to a total of $1,500,000,000 from
6547+18 the General Revenue Fund to the State Coronavirus Urgent
6548+19 Remediation Emergency Fund.
6549+20 (nn) In addition to any other transfers that may be
6550+21 provided for by law, beginning on the effective date of the
6551+22 changes made to this Section by this amendatory Act of the
6552+23 103rd General Assembly and until June 30, 2024, as directed by
6553+24 the Governor, the State Comptroller shall direct and the State
6554+25 Treasurer shall transfer up to a total of $424,000,000 from
6555+26 the General Revenue Fund to the Build Illinois Bond Fund.
6556+
6557+
6558+
6559+
6560+
6561+ HB4959 Enrolled - 184 - LRB103 36303 SPS 66401 b
6562+
6563+
6564+HB4959 Enrolled- 185 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 185 - LRB103 36303 SPS 66401 b
6565+ HB4959 Enrolled - 185 - LRB103 36303 SPS 66401 b
6566+1 (oo) In addition to any other transfers that may be
6567+2 provided for by law, on July 1, 2023, or as soon thereafter as
6568+3 practical, the State Comptroller shall direct and the State
6569+4 Treasurer shall transfer the sum of $500,000 from the General
6570+5 Revenue Fund to the Governor's Administrative Fund.
6571+6 (pp) In addition to any other transfers that may be
6572+7 provided for by law, on July 1, 2023, or as soon thereafter as
6573+8 practical, the State Comptroller shall direct and the State
6574+9 Treasurer shall transfer the sum of $500,000 from the General
6575+10 Revenue Fund to the Grant Accountability and Transparency
6576+11 Fund.
6577+12 (qq) In addition to any other transfers that may be
6578+13 provided for by law, beginning on the effective date of the
6579+14 changes made to this Section by this amendatory Act of the
6580+15 103rd General Assembly and until June 30, 2024, as directed by
6581+16 the Governor, the State Comptroller shall direct and the State
6582+17 Treasurer shall transfer up to a total of $350,000,000 from
6583+18 the General Revenue Fund to the Fund for Illinois' Future.
6584+19 (rr) In addition to any other transfers that may be
6585+20 provided for by law, on July 1, 2024, or as soon thereafter as
6586+21 practical, the State Comptroller shall direct and the State
6587+22 Treasurer shall transfer the sum of $500,000 from the General
6588+23 Revenue Fund to the Governor's Administrative Fund.
6589+24 (ss) In addition to any other transfers that may be
6590+25 provided for by law, on July 1, 2024, or as soon thereafter as
6591+26 practical, the State Comptroller shall direct and the State
6592+
6593+
6594+
6595+
6596+
6597+ HB4959 Enrolled - 185 - LRB103 36303 SPS 66401 b
6598+
6599+
6600+HB4959 Enrolled- 186 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 186 - LRB103 36303 SPS 66401 b
6601+ HB4959 Enrolled - 186 - LRB103 36303 SPS 66401 b
6602+1 Treasurer shall transfer the sum of $500,000 from the General
6603+2 Revenue Fund to the Grant Accountability and Transparency
6604+3 Fund.
6605+4 (tt) In addition to any other transfers that may be
6606+5 provided for by law, on July 1, 2024, or as soon thereafter as
6607+6 practical, the State Comptroller shall direct and the State
6608+7 Treasurer shall transfer the sum of $25,000,000 from the
6609+8 Violent Crime Witness Protection Program Fund to the General
6610+9 Revenue Fund.
6611+10 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
6612+11 102-700, Article 40, Section 40-5, eff. 4-19-22; 102-700,
6613+12 Article 80, Section 80-5, eff. 4-19-22; 102-1115, eff. 1-9-23;
6614+13 103-8, eff. 6-7-23.)
6615+14 (30 ILCS 105/12-2) (from Ch. 127, par. 148-2)
6616+15 Sec. 12-2. Travel Regulation Council; State travel
6617+16 reimbursement.
6618+17 (a) The chairmen of the travel control boards established
6619+18 by Section 12-1, or their designees, shall together comprise
6620+19 the Travel Regulation Council. The Travel Regulation Council
6621+20 shall be chaired by the Director of Central Management
6622+21 Services, who shall be a nonvoting member of the Council,
6623+22 unless he is otherwise qualified to vote by virtue of being the
6624+23 designee of a voting member. No later than March 1, 1986, and
6625+24 at least biennially thereafter, the Council shall adopt State
6626+25 Travel Regulations and Reimbursement Rates which shall be
6627+
6628+
6629+
6630+
6631+
6632+ HB4959 Enrolled - 186 - LRB103 36303 SPS 66401 b
6633+
6634+
6635+HB4959 Enrolled- 187 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 187 - LRB103 36303 SPS 66401 b
6636+ HB4959 Enrolled - 187 - LRB103 36303 SPS 66401 b
6637+1 applicable to all personnel subject to the jurisdiction of the
6638+2 travel control boards established by Section 12-1. An
6639+3 affirmative vote of a majority of the members of the Council
6640+4 shall be required to adopt regulations and reimbursement
6641+5 rates. If the Council fails to adopt regulations by March 1 of
6642+6 any odd-numbered year, the Director of Central Management
6643+7 Services shall adopt emergency regulations and reimbursement
6644+8 rates pursuant to the Illinois Administrative Procedure Act.
6645+9 As soon as practicable after January 23, 2023 (the effective
6646+10 date of Public Act 102-1119) this amendatory Act of the 102nd
6647+11 General Assembly, the Travel Regulation Council and the Higher
6648+12 Education Travel Control Board shall adopt amendments to their
6649+13 existing rules to ensure that reimbursement rates for public
6650+14 institutions of higher education, as defined in Section 1-13
6651+15 of the Illinois Procurement Code, are set in accordance with
6652+16 the requirements of subsection (f) of this Section.
6653+17 (b) (Blank).
6654+18 (c) (Blank).
6655+19 (d) Reimbursements to travelers shall be made pursuant to
6656+20 the rates and regulations applicable to the respective State
6657+21 agency as of January 1, 1986 (the effective date of Public Act
6658+22 84-345) this amendatory Act, until the State Travel
6659+23 Regulations and Reimbursement Rates established by this
6660+24 Section are adopted and effective.
6661+25 (e) (Blank).
6662+26 (f) (f) Notwithstanding any rule or law to the contrary,
6663+
6664+
6665+
6666+
6667+
6668+ HB4959 Enrolled - 187 - LRB103 36303 SPS 66401 b
6669+
6670+
6671+HB4959 Enrolled- 188 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 188 - LRB103 36303 SPS 66401 b
6672+ HB4959 Enrolled - 188 - LRB103 36303 SPS 66401 b
6673+1 State travel reimbursement rates for lodging and mileage for
6674+2 automobile travel, as well as allowances for meals, shall be
6675+3 set at the maximum rates established by the federal government
6676+4 for travel expenses, subsistence expenses, and mileage
6677+5 allowances under 5 U.S.C. 5701 through 5711 and any
6678+6 regulations promulgated thereunder. If the rates set under
6679+7 federal regulations increase or decrease during the course of
6680+8 the State's fiscal year, the effective date of the new rate
6681+9 shall be the effective date of the change in the federal rate.
6682+10 (g) Notwithstanding any other provision of this Section,
6683+11 the Council may provide, by rule, for alternative methods of
6684+12 determining the appropriate reimbursement rate for a
6685+13 traveler's subsistence expenses based upon the length of
6686+14 travel, as well as the embarkation point and destination.
6687+15 (Source: P.A. 102-1119, eff. 1-23-23; 103-8, eff. 1-1-24;
6688+16 revised 1-2-24.)
6689+17 (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
6690+18 Sec. 13.2. Transfers among line item appropriations.
6691+19 (a) Transfers among line item appropriations from the same
6692+20 treasury fund for the objects specified in this Section may be
6693+21 made in the manner provided in this Section when the balance
6694+22 remaining in one or more such line item appropriations is
6695+23 insufficient for the purpose for which the appropriation was
6696+24 made.
6697+25 (a-1) No transfers may be made from one agency to another
6698+
6699+
6700+
6701+
6702+
6703+ HB4959 Enrolled - 188 - LRB103 36303 SPS 66401 b
6704+
6705+
6706+HB4959 Enrolled- 189 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 189 - LRB103 36303 SPS 66401 b
6707+ HB4959 Enrolled - 189 - LRB103 36303 SPS 66401 b
6708+1 agency, nor may transfers be made from one institution of
6709+2 higher education to another institution of higher education
6710+3 except as provided by subsection (a-4).
6711+4 (a-2) Except as otherwise provided in this Section,
6712+5 transfers may be made only among the objects of expenditure
6713+6 enumerated in this Section, except that no funds may be
6714+7 transferred from any appropriation for personal services, from
6715+8 any appropriation for State contributions to the State
6716+9 Employees' Retirement System, from any separate appropriation
6717+10 for employee retirement contributions paid by the employer,
6718+11 nor from any appropriation for State contribution for employee
6719+12 group insurance.
6720+13 (a-2.5) (Blank).
6721+14 (a-3) Further, if an agency receives a separate
6722+15 appropriation for employee retirement contributions paid by
6723+16 the employer, any transfer by that agency into an
6724+17 appropriation for personal services must be accompanied by a
6725+18 corresponding transfer into the appropriation for employee
6726+19 retirement contributions paid by the employer, in an amount
6727+20 sufficient to meet the employer share of the employee
6728+21 contributions required to be remitted to the retirement
6729+22 system.
6730+23 (a-4) Long-Term Care Rebalancing. The Governor may
6731+24 designate amounts set aside for institutional services
6732+25 appropriated from the General Revenue Fund or any other State
6733+26 fund that receives monies for long-term care services to be
6734+
6735+
6736+
6737+
6738+
6739+ HB4959 Enrolled - 189 - LRB103 36303 SPS 66401 b
6740+
6741+
6742+HB4959 Enrolled- 190 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 190 - LRB103 36303 SPS 66401 b
6743+ HB4959 Enrolled - 190 - LRB103 36303 SPS 66401 b
6744+1 transferred to all State agencies responsible for the
6745+2 administration of community-based long-term care programs,
6746+3 including, but not limited to, community-based long-term care
6747+4 programs administered by the Department of Healthcare and
6748+5 Family Services, the Department of Human Services, and the
6749+6 Department on Aging, provided that the Director of Healthcare
6750+7 and Family Services first certifies that the amounts being
6751+8 transferred are necessary for the purpose of assisting persons
6752+9 in or at risk of being in institutional care to transition to
6753+10 community-based settings, including the financial data needed
6754+11 to prove the need for the transfer of funds. The total amounts
6755+12 transferred shall not exceed 4% in total of the amounts
6756+13 appropriated from the General Revenue Fund or any other State
6757+14 fund that receives monies for long-term care services for each
6758+15 fiscal year. A notice of the fund transfer must be made to the
6759+16 General Assembly and posted at a minimum on the Department of
6760+17 Healthcare and Family Services website, the Governor's Office
6761+18 of Management and Budget website, and any other website the
6762+19 Governor sees fit. These postings shall serve as notice to the
6763+20 General Assembly of the amounts to be transferred. Notice
6764+21 shall be given at least 30 days prior to transfer.
6765+22 (b) In addition to the general transfer authority provided
6766+23 under subsection (c), the following agencies have the specific
6767+24 transfer authority granted in this subsection:
6768+25 The Department of Healthcare and Family Services is
6769+26 authorized to make transfers representing savings attributable
6770+
6771+
6772+
6773+
6774+
6775+ HB4959 Enrolled - 190 - LRB103 36303 SPS 66401 b
6776+
6777+
6778+HB4959 Enrolled- 191 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 191 - LRB103 36303 SPS 66401 b
6779+ HB4959 Enrolled - 191 - LRB103 36303 SPS 66401 b
6780+1 to not increasing grants due to the births of additional
6781+2 children from line items for payments of cash grants to line
6782+3 items for payments for employment and social services for the
6783+4 purposes outlined in subsection (f) of Section 4-2 of the
6784+5 Illinois Public Aid Code.
6785+6 The Department of Children and Family Services is
6786+7 authorized to make transfers not exceeding 2% of the aggregate
6787+8 amount appropriated to it within the same treasury fund for
6788+9 the following line items among these same line items: Foster
6789+10 Home and Specialized Foster Care and Prevention, Institutions
6790+11 and Group Homes and Prevention, and Purchase of Adoption and
6791+12 Guardianship Services.
6792+13 The Department on Aging is authorized to make transfers
6793+14 not exceeding 10% of the aggregate amount appropriated to it
6794+15 within the same treasury fund for the following Community Care
6795+16 Program line items among these same line items: purchase of
6796+17 services covered by the Community Care Program and
6797+18 Comprehensive Case Coordination.
6798+19 The State Board of Education is authorized to make
6799+20 transfers from line item appropriations within the same
6800+21 treasury fund for General State Aid, General State Aid - Hold
6801+22 Harmless, and Evidence-Based Funding, provided that no such
6802+23 transfer may be made unless the amount transferred is no
6803+24 longer required for the purpose for which that appropriation
6804+25 was made, to the line item appropriation for Transitional
6805+26 Assistance when the balance remaining in such line item
6806+
6807+
6808+
6809+
6810+
6811+ HB4959 Enrolled - 191 - LRB103 36303 SPS 66401 b
6812+
6813+
6814+HB4959 Enrolled- 192 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 192 - LRB103 36303 SPS 66401 b
6815+ HB4959 Enrolled - 192 - LRB103 36303 SPS 66401 b
6816+1 appropriation is insufficient for the purpose for which the
6817+2 appropriation was made.
6818+3 The State Board of Education is authorized to make
6819+4 transfers between the following line item appropriations
6820+5 within the same treasury fund: Disabled Student
6821+6 Services/Materials (Section 14-13.01 of the School Code),
6822+7 Disabled Student Transportation Reimbursement (Section
6823+8 14-13.01 of the School Code), Disabled Student Tuition -
6824+9 Private Tuition (Section 14-7.02 of the School Code),
6825+10 Extraordinary Special Education (Section 14-7.02b of the
6826+11 School Code), Reimbursement for Free Lunch/Breakfast Program,
6827+12 Summer School Payments (Section 18-4.3 of the School Code),
6828+13 and Transportation - Regular/Vocational Reimbursement (Section
6829+14 29-5 of the School Code). Such transfers shall be made only
6830+15 when the balance remaining in one or more such line item
6831+16 appropriations is insufficient for the purpose for which the
6832+17 appropriation was made and provided that no such transfer may
6833+18 be made unless the amount transferred is no longer required
6834+19 for the purpose for which that appropriation was made.
6835+20 The Department of Healthcare and Family Services is
6836+21 authorized to make transfers not exceeding 4% of the aggregate
6837+22 amount appropriated to it, within the same treasury fund,
6838+23 among the various line items appropriated for Medical
6839+24 Assistance.
6840+25 The Department of Central Management Services is
6841+26 authorized to make transfers not exceeding 2% of the aggregate
6842+
6843+
6844+
6845+
6846+
6847+ HB4959 Enrolled - 192 - LRB103 36303 SPS 66401 b
6848+
6849+
6850+HB4959 Enrolled- 193 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 193 - LRB103 36303 SPS 66401 b
6851+ HB4959 Enrolled - 193 - LRB103 36303 SPS 66401 b
6852+1 amount appropriated to it, within the same treasury fund, from
6853+2 the various line items appropriated to the Department, into
6854+3 the following line item appropriations: auto liability claims
6855+4 and related expenses and payment of claims under the State
6856+5 Employee Indemnification Act.
6857+6 (c) The sum of such transfers for an agency in a fiscal
6858+7 year shall not exceed 2% of the aggregate amount appropriated
6859+8 to it within the same treasury fund for the following objects:
6860+9 Personal Services; Extra Help; Student and Inmate
6861+10 Compensation; State Contributions to Retirement Systems; State
6862+11 Contributions to Social Security; State Contribution for
6863+12 Employee Group Insurance; Contractual Services; Travel;
6864+13 Commodities; Printing; Equipment; Electronic Data Processing;
6865+14 Operation of Automotive Equipment; Telecommunications
6866+15 Services; Travel and Allowance for Committed, Paroled and
6867+16 Discharged Prisoners; Library Books; Federal Matching Grants
6868+17 for Student Loans; Refunds; Workers' Compensation,
6869+18 Occupational Disease, and Tort Claims; Late Interest Penalties
6870+19 under the State Prompt Payment Act and Sections 368a and 370a
6871+20 of the Illinois Insurance Code; and, in appropriations to
6872+21 institutions of higher education, Awards and Grants.
6873+22 Notwithstanding the above, any amounts appropriated for
6874+23 payment of workers' compensation claims to an agency to which
6875+24 the authority to evaluate, administer and pay such claims has
6876+25 been delegated by the Department of Central Management
6877+26 Services may be transferred to any other expenditure object
6878+
6879+
6880+
6881+
6882+
6883+ HB4959 Enrolled - 193 - LRB103 36303 SPS 66401 b
6884+
6885+
6886+HB4959 Enrolled- 194 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 194 - LRB103 36303 SPS 66401 b
6887+ HB4959 Enrolled - 194 - LRB103 36303 SPS 66401 b
6888+1 where such amounts exceed the amount necessary for the payment
6889+2 of such claims.
6890+3 (c-1) (Blank).
6891+4 (c-2) (Blank).
6892+5 (c-3) (Blank).
6893+6 (c-4) (Blank).
6894+7 (c-5) (Blank).
6895+8 (c-6) (Blank).
6896+9 (c-7) (Blank).
6897+10 (c-8) (Blank).
6898+11 (c-9) (Blank). Special provisions for State fiscal year
6899+12 2023. Notwithstanding any other provision of this Section, for
6900+13 State fiscal year 2023, transfers among line item
6901+14 appropriations to a State agency from the same State treasury
6902+15 fund may be made for operational or lump sum expenses only,
6903+16 provided that the sum of such transfers for a State agency in
6904+17 State fiscal year 2023 shall not exceed 4% of the aggregate
6905+18 amount appropriated to that State agency for operational or
6906+19 lump sum expenses for State fiscal year 2023. For the purpose
6907+20 of this subsection, "operational or lump sum expenses"
6908+21 includes the following objects: personal services; extra help;
6909+22 student and inmate compensation; State contributions to
6910+23 retirement systems; State contributions to social security;
6911+24 State contributions for employee group insurance; contractual
6912+25 services; travel; commodities; printing; equipment; electronic
6913+26 data processing; operation of automotive equipment;
6914+
6915+
6916+
6917+
6918+
6919+ HB4959 Enrolled - 194 - LRB103 36303 SPS 66401 b
6920+
6921+
6922+HB4959 Enrolled- 195 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 195 - LRB103 36303 SPS 66401 b
6923+ HB4959 Enrolled - 195 - LRB103 36303 SPS 66401 b
6924+1 telecommunications services; travel and allowance for
6925+2 committed, paroled, and discharged prisoners; library books;
6926+3 federal matching grants for student loans; refunds; workers'
6927+4 compensation, occupational disease, and tort claims; late
6928+5 interest penalties under the State Prompt Payment Act and
6929+6 Sections 368a and 370a of the Illinois Insurance Code; lump
6930+7 sum and other purposes; and lump sum operations. For the
6931+8 purpose of this subsection, "State agency" does not include
6932+9 the Attorney General, the Secretary of State, the Comptroller,
6933+10 the Treasurer, or the judicial or legislative branches.
6934+11 (c-10) Special provisions for State fiscal year 2024.
6935+12 Notwithstanding any other provision of this Section, for State
6936+13 fiscal year 2024, transfers among line item appropriations to
6937+14 a State agency from the same State treasury fund may be made
6938+15 for operational or lump sum expenses only, provided that the
6939+16 sum of such transfers for a State agency in State fiscal year
6940+17 2024 shall not exceed 8% of the aggregate amount appropriated
6941+18 to that State agency for operational or lump sum expenses for
6942+19 State fiscal year 2024. For the purpose of this subsection,
6943+20 "operational or lump sum expenses" includes the following
6944+21 objects: personal services; extra help; student and inmate
6945+22 compensation; State contributions to retirement systems; State
6946+23 contributions to social security; State contributions for
6947+24 employee group insurance; contractual services; travel;
6948+25 commodities; printing; equipment; electronic data processing;
6949+26 operation of automotive equipment; telecommunications
6950+
6951+
6952+
6953+
6954+
6955+ HB4959 Enrolled - 195 - LRB103 36303 SPS 66401 b
6956+
6957+
6958+HB4959 Enrolled- 196 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 196 - LRB103 36303 SPS 66401 b
6959+ HB4959 Enrolled - 196 - LRB103 36303 SPS 66401 b
6960+1 services; travel and allowance for committed, paroled, and
6961+2 discharged prisoners; library books; federal matching grants
6962+3 for student loans; refunds; workers' compensation,
6963+4 occupational disease, and tort claims; late interest penalties
6964+5 under the State Prompt Payment Act and Sections 368a and 370a
6965+6 of the Illinois Insurance Code; lump sum and other purposes;
6966+7 and lump sum operations. For the purpose of this subsection,
6967+8 "State agency" does not include the Attorney General, the
6968+9 Secretary of State, the Comptroller, the Treasurer, or the
6969+10 judicial or legislative branches.
6970+11 (c-11) Special provisions for State fiscal year 2025.
6971+12 Notwithstanding any other provision of this Section, for State
6972+13 fiscal year 2025, transfers among line item appropriations to
6973+14 a State agency from the same State treasury fund may be made
6974+15 for operational or lump sum expenses only, provided that the
6975+16 sum of such transfers for a State agency in State fiscal year
6976+17 2025 shall not exceed 4% of the aggregate amount appropriated
6977+18 to that State agency for operational or lump sum expenses for
6978+19 State fiscal year 2025. For the purpose of this subsection,
6979+20 "operational or lump sum expenses" includes the following
6980+21 objects: personal services; extra help; student and inmate
6981+22 compensation; State contributions to retirement systems; State
6982+23 contributions to social security; State contributions for
6983+24 employee group insurance; contractual services; travel;
6984+25 commodities; printing; equipment; electronic data processing;
6985+26 operation of automotive equipment; telecommunications
6986+
6987+
6988+
6989+
6990+
6991+ HB4959 Enrolled - 196 - LRB103 36303 SPS 66401 b
6992+
6993+
6994+HB4959 Enrolled- 197 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 197 - LRB103 36303 SPS 66401 b
6995+ HB4959 Enrolled - 197 - LRB103 36303 SPS 66401 b
6996+1 services; travel and allowance for committed, paroled, and
6997+2 discharged prisoners; library books; federal matching grants
6998+3 for student loans; refunds; workers' compensation,
6999+4 occupational disease, and tort claims; late interest penalties
7000+5 under the State Prompt Payment Act and Sections 368a and 370a
7001+6 of the Illinois Insurance Code; lump sum and other purposes;
7002+7 and lump sum operations. For the purpose of this subsection,
7003+8 "State agency" does not include the Attorney General, the
7004+9 Comptroller, the Treasurer, or the judicial or legislative
7005+10 branches.
7006+11 (d) Transfers among appropriations made to agencies of the
7007+12 Legislative and Judicial departments and to the
7008+13 constitutionally elected officers in the Executive branch
7009+14 require the approval of the officer authorized in Section 10
7010+15 of this Act to approve and certify vouchers. Transfers among
7011+16 appropriations made to the University of Illinois, Southern
7012+17 Illinois University, Chicago State University, Eastern
7013+18 Illinois University, Governors State University, Illinois
7014+19 State University, Northeastern Illinois University, Northern
7015+20 Illinois University, Western Illinois University, the Illinois
7016+21 Mathematics and Science Academy and the Board of Higher
7017+22 Education require the approval of the Board of Higher
7018+23 Education and the Governor. Transfers among appropriations to
7019+24 all other agencies require the approval of the Governor.
7020+25 The officer responsible for approval shall certify that
7021+26 the transfer is necessary to carry out the programs and
7022+
7023+
7024+
7025+
7026+
7027+ HB4959 Enrolled - 197 - LRB103 36303 SPS 66401 b
7028+
7029+
7030+HB4959 Enrolled- 198 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 198 - LRB103 36303 SPS 66401 b
7031+ HB4959 Enrolled - 198 - LRB103 36303 SPS 66401 b
7032+1 purposes for which the appropriations were made by the General
7033+2 Assembly and shall transmit to the State Comptroller a
7034+3 certified copy of the approval which shall set forth the
7035+4 specific amounts transferred so that the Comptroller may
7036+5 change his records accordingly. The Comptroller shall furnish
7037+6 the Governor with information copies of all transfers approved
7038+7 for agencies of the Legislative and Judicial departments and
7039+8 transfers approved by the constitutionally elected officials
7040+9 of the Executive branch other than the Governor, showing the
7041+10 amounts transferred and indicating the dates such changes were
7042+11 entered on the Comptroller's records.
7043+12 (e) The State Board of Education, in consultation with the
7044+13 State Comptroller, may transfer line item appropriations for
7045+14 General State Aid or Evidence-Based Funding among the Common
7046+15 School Fund and the Education Assistance Fund, and, for State
7047+16 fiscal year 2020 and each fiscal year thereafter, the Fund for
7048+17 the Advancement of Education. With the advice and consent of
7049+18 the Governor's Office of Management and Budget, the State
7050+19 Board of Education, in consultation with the State
7051+20 Comptroller, may transfer line item appropriations between the
7052+21 General Revenue Fund and the Education Assistance Fund for the
7053+22 following programs:
7054+23 (1) Disabled Student Personnel Reimbursement (Section
7055+24 14-13.01 of the School Code);
7056+25 (2) Disabled Student Transportation Reimbursement
7057+26 (subsection (b) of Section 14-13.01 of the School Code);
7058+
7059+
7060+
7061+
7062+
7063+ HB4959 Enrolled - 198 - LRB103 36303 SPS 66401 b
7064+
7065+
7066+HB4959 Enrolled- 199 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 199 - LRB103 36303 SPS 66401 b
7067+ HB4959 Enrolled - 199 - LRB103 36303 SPS 66401 b
7068+1 (3) Disabled Student Tuition - Private Tuition
7069+2 (Section 14-7.02 of the School Code);
7070+3 (4) Extraordinary Special Education (Section 14-7.02b
7071+4 of the School Code);
7072+5 (5) Reimbursement for Free Lunch/Breakfast Programs;
7073+6 (6) Summer School Payments (Section 18-4.3 of the
7074+7 School Code);
7075+8 (7) Transportation - Regular/Vocational Reimbursement
7076+9 (Section 29-5 of the School Code);
7077+10 (8) Regular Education Reimbursement (Section 18-3 of
7078+11 the School Code); and
7079+12 (9) Special Education Reimbursement (Section 14-7.03
7080+13 of the School Code).
7081+14 (f) For State fiscal year 2020 and each fiscal year
7082+15 thereafter, the Department on Aging, in consultation with the
7083+16 State Comptroller, with the advice and consent of the
7084+17 Governor's Office of Management and Budget, may transfer line
7085+18 item appropriations for purchase of services covered by the
7086+19 Community Care Program between the General Revenue Fund and
7087+20 the Commitment to Human Services Fund.
7088+21 (g) For State fiscal year 2024 and each fiscal year
7089+22 thereafter, if requested by an agency chief executive officer
7090+23 and authorized and approved by the Comptroller, the
7091+24 Comptroller may direct and the Treasurer shall transfer funds
7092+25 from the General Revenue Fund to fund payroll expenses that
7093+26 meet the payroll transaction exception criteria as defined by
7094+
7095+
7096+
7097+
7098+
7099+ HB4959 Enrolled - 199 - LRB103 36303 SPS 66401 b
7100+
7101+
7102+HB4959 Enrolled- 200 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 200 - LRB103 36303 SPS 66401 b
7103+ HB4959 Enrolled - 200 - LRB103 36303 SPS 66401 b
7104+1 the Comptroller in the Statewide Accounting Management System
7105+2 (SAMS) Manual. The agency shall then transfer these funds back
7106+3 to the General Revenue Fund within 7 days.
7107+4 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
7108+5 103-8, eff. 6-7-23.)
7109+6 Section 5-35. The State Revenue Sharing Act is amended by
7110+7 changing Section 12 as follows:
7111+8 (30 ILCS 115/12) (from Ch. 85, par. 616)
7112+9 Sec. 12. Personal Property Tax Replacement Fund. There is
7113+10 hereby created the Personal Property Tax Replacement Fund, a
7114+11 special fund in the State Treasury into which shall be paid all
7115+12 revenue realized:
7116+13 (a) all amounts realized from the additional personal
7117+14 property tax replacement income tax imposed by subsections
7118+15 (c) and (d) of Section 201 of the Illinois Income Tax Act,
7119+16 except for those amounts deposited into the Income Tax
7120+17 Refund Fund pursuant to subsection (c) of Section 901 of
7121+18 the Illinois Income Tax Act; and
7122+19 (b) all amounts realized from the additional personal
7123+20 property replacement invested capital taxes imposed by
7124+21 Section 2a.1 of the Messages Tax Act, Section 2a.1 of the
7125+22 Gas Revenue Tax Act, Section 2a.1 of the Public Utilities
7126+23 Revenue Act, and Section 3 of the Water Company Invested
7127+24 Capital Tax Act, and amounts payable to the Department of
7128+
7129+
7130+
7131+
7132+
7133+ HB4959 Enrolled - 200 - LRB103 36303 SPS 66401 b
7134+
7135+
7136+HB4959 Enrolled- 201 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 201 - LRB103 36303 SPS 66401 b
7137+ HB4959 Enrolled - 201 - LRB103 36303 SPS 66401 b
7138+1 Revenue under the Telecommunications Infrastructure
7139+2 Maintenance Fee Act.
7140+3 As soon as may be after the end of each month, the
7141+4 Department of Revenue shall certify to the Treasurer and the
7142+5 Comptroller the amount of all refunds paid out of the General
7143+6 Revenue Fund through the preceding month on account of
7144+7 overpayment of liability on taxes paid into the Personal
7145+8 Property Tax Replacement Fund. Upon receipt of such
7146+9 certification, the Treasurer and the Comptroller shall
7147+10 transfer the amount so certified from the Personal Property
7148+11 Tax Replacement Fund into the General Revenue Fund.
7149+12 The payments of revenue into the Personal Property Tax
7150+13 Replacement Fund shall be used exclusively for distribution to
7151+14 taxing districts, regional offices and officials, and local
7152+15 officials as provided in this Section and in the School Code,
7153+16 payment of the ordinary and contingent expenses of the
7154+17 Property Tax Appeal Board, payment of the expenses of the
7155+18 Department of Revenue incurred in administering the collection
7156+19 and distribution of monies paid into the Personal Property Tax
7157+20 Replacement Fund and transfers due to refunds to taxpayers for
7158+21 overpayment of liability for taxes paid into the Personal
7159+22 Property Tax Replacement Fund.
7160+23 In addition, moneys in the Personal Property Tax
7161+24 Replacement Fund may be used to pay any of the following: (i)
7162+25 salary, stipends, and additional compensation as provided by
7163+26 law for chief election clerks, county clerks, and county
7164+
7165+
7166+
7167+
7168+
7169+ HB4959 Enrolled - 201 - LRB103 36303 SPS 66401 b
7170+
7171+
7172+HB4959 Enrolled- 202 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 202 - LRB103 36303 SPS 66401 b
7173+ HB4959 Enrolled - 202 - LRB103 36303 SPS 66401 b
7174+1 recorders; (ii) costs associated with regional offices of
7175+2 education and educational service centers; (iii)
7176+3 reimbursements payable by the State Board of Elections under
7177+4 Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
7178+5 Election Code; (iv) expenses of the Illinois Educational Labor
7179+6 Relations Board; and (v) salary, personal services, and
7180+7 additional compensation as provided by law for court reporters
7181+8 under the Court Reporters Act.
7182+9 As soon as may be after June 26, 1980 (the effective date
7183+10 of Public Act 81-1255), the Department of Revenue shall
7184+11 certify to the Treasurer the amount of net replacement revenue
7185+12 paid into the General Revenue Fund prior to that effective
7186+13 date from the additional tax imposed by Section 2a.1 of the
7187+14 Messages Tax Act; Section 2a.1 of the Gas Revenue Tax Act;
7188+15 Section 2a.1 of the Public Utilities Revenue Act; Section 3 of
7189+16 the Water Company Invested Capital Tax Act; amounts collected
7190+17 by the Department of Revenue under the Telecommunications
7191+18 Infrastructure Maintenance Fee Act; and the additional
7192+19 personal property tax replacement income tax imposed by the
7193+20 Illinois Income Tax Act, as amended by Public Act 81-1st
7194+21 Special Session-1. Net replacement revenue shall be defined as
7195+22 the total amount paid into and remaining in the General
7196+23 Revenue Fund as a result of those Acts minus the amount
7197+24 outstanding and obligated from the General Revenue Fund in
7198+25 state vouchers or warrants prior to June 26, 1980 (the
7199+26 effective date of Public Act 81-1255) as refunds to taxpayers
7200+
7201+
7202+
7203+
7204+
7205+ HB4959 Enrolled - 202 - LRB103 36303 SPS 66401 b
7206+
7207+
7208+HB4959 Enrolled- 203 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 203 - LRB103 36303 SPS 66401 b
7209+ HB4959 Enrolled - 203 - LRB103 36303 SPS 66401 b
7210+1 for overpayment of liability under those Acts.
7211+2 All interest earned by monies accumulated in the Personal
7212+3 Property Tax Replacement Fund shall be deposited in such Fund.
7213+4 All amounts allocated pursuant to this Section are
7214+5 appropriated on a continuing basis.
7215+6 Prior to December 31, 1980, as soon as may be after the end
7216+7 of each quarter beginning with the quarter ending December 31,
7217+8 1979, and on and after December 31, 1980, as soon as may be
7218+9 after January 1, March 1, April 1, May 1, July 1, August 1,
7219+10 October 1 and December 1 of each year, the Department of
7220+11 Revenue shall allocate to each taxing district as defined in
7221+12 Section 1-150 of the Property Tax Code, in accordance with the
7222+13 provisions of paragraph (2) of this Section the portion of the
7223+14 funds held in the Personal Property Tax Replacement Fund which
7224+15 is required to be distributed, as provided in paragraph (1),
7225+16 for each quarter. Provided, however, under no circumstances
7226+17 shall any taxing district during each of the first two years of
7227+18 distribution of the taxes imposed by Public Act 81-1st Special
7228+19 Session-1 be entitled to an annual allocation which is less
7229+20 than the funds such taxing district collected from the 1978
7230+21 personal property tax. Provided further that under no
7231+22 circumstances shall any taxing district during the third year
7232+23 of distribution of the taxes imposed by Public Act 81-1st
7233+24 Special Session-1 receive less than 60% of the funds such
7234+25 taxing district collected from the 1978 personal property tax.
7235+26 In the event that the total of the allocations made as above
7236+
7237+
7238+
7239+
7240+
7241+ HB4959 Enrolled - 203 - LRB103 36303 SPS 66401 b
7242+
7243+
7244+HB4959 Enrolled- 204 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 204 - LRB103 36303 SPS 66401 b
7245+ HB4959 Enrolled - 204 - LRB103 36303 SPS 66401 b
7246+1 provided for all taxing districts, during either of such 3
7247+2 years, exceeds the amount available for distribution the
7248+3 allocation of each taxing district shall be proportionately
7249+4 reduced. Except as provided in Section 13 of this Act, the
7250+5 Department shall then certify, pursuant to appropriation, such
7251+6 allocations to the State Comptroller who shall pay over to the
7252+7 several taxing districts the respective amounts allocated to
7253+8 them.
7254+9 Any township which receives an allocation based in whole
7255+10 or in part upon personal property taxes which it levied
7256+11 pursuant to Section 6-507 or 6-512 of the Illinois Highway
7257+12 Code and which was previously required to be paid over to a
7258+13 municipality shall immediately pay over to that municipality a
7259+14 proportionate share of the personal property replacement funds
7260+15 which such township receives.
7261+16 Any municipality or township, other than a municipality
7262+17 with a population in excess of 500,000, which receives an
7263+18 allocation based in whole or in part on personal property
7264+19 taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6 of
7265+20 the Illinois Local Library Act and which was previously
7266+21 required to be paid over to a public library shall immediately
7267+22 pay over to that library a proportionate share of the personal
7268+23 property tax replacement funds which such municipality or
7269+24 township receives; provided that if such a public library has
7270+25 converted to a library organized under the Illinois Public
7271+26 Library District Act, regardless of whether such conversion
7272+
7273+
7274+
7275+
7276+
7277+ HB4959 Enrolled - 204 - LRB103 36303 SPS 66401 b
7278+
7279+
7280+HB4959 Enrolled- 205 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 205 - LRB103 36303 SPS 66401 b
7281+ HB4959 Enrolled - 205 - LRB103 36303 SPS 66401 b
7282+1 has occurred on, after or before January 1, 1988, such
7283+2 proportionate share shall be immediately paid over to the
7284+3 library district which maintains and operates the library.
7285+4 However, any library that has converted prior to January 1,
7286+5 1988, and which hitherto has not received the personal
7287+6 property tax replacement funds, shall receive such funds
7288+7 commencing on January 1, 1988.
7289+8 Any township which receives an allocation based in whole
7290+9 or in part on personal property taxes which it levied pursuant
7291+10 to Section 1c of the Public Graveyards Act and which taxes were
7292+11 previously required to be paid over to or used for such public
7293+12 cemetery or cemeteries shall immediately pay over to or use
7294+13 for such public cemetery or cemeteries a proportionate share
7295+14 of the personal property tax replacement funds which the
7296+15 township receives.
7297+16 Any taxing district which receives an allocation based in
7298+17 whole or in part upon personal property taxes which it levied
7299+18 for another governmental body or school district in Cook
7300+19 County in 1976 or for another governmental body or school
7301+20 district in the remainder of the State in 1977 shall
7302+21 immediately pay over to that governmental body or school
7303+22 district the amount of personal property replacement funds
7304+23 which such governmental body or school district would receive
7305+24 directly under the provisions of paragraph (2) of this
7306+25 Section, had it levied its own taxes.
7307+26 (1) The portion of the Personal Property Tax
7308+
7309+
7310+
7311+
7312+
7313+ HB4959 Enrolled - 205 - LRB103 36303 SPS 66401 b
7314+
7315+
7316+HB4959 Enrolled- 206 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 206 - LRB103 36303 SPS 66401 b
7317+ HB4959 Enrolled - 206 - LRB103 36303 SPS 66401 b
7318+1 Replacement Fund required to be distributed as of the time
7319+2 allocation is required to be made shall be the amount
7320+3 available in such Fund as of the time allocation is
7321+4 required to be made.
7322+5 The amount available for distribution shall be the
7323+6 total amount in the fund at such time minus the necessary
7324+7 administrative and other authorized expenses as limited by
7325+8 the appropriation and the amount determined by: (a) $2.8
7326+9 million for fiscal year 1981; (b) for fiscal year 1982,
7327+10 .54% of the funds distributed from the fund during the
7328+11 preceding fiscal year; (c) for fiscal year 1983 through
7329+12 fiscal year 1988, .54% of the funds distributed from the
7330+13 fund during the preceding fiscal year less .02% of such
7331+14 fund for fiscal year 1983 and less .02% of such funds for
7332+15 each fiscal year thereafter; (d) for fiscal year 1989
7333+16 through fiscal year 2011 no more than 105% of the actual
7334+17 administrative expenses of the prior fiscal year; (e) for
7335+18 fiscal year 2012 and beyond, a sufficient amount to pay
7336+19 (i) stipends, additional compensation, salary
7337+20 reimbursements, and other amounts directed to be paid out
7338+21 of this Fund for local officials as authorized or required
7339+22 by statute and (ii) the ordinary and contingent expenses
7340+23 of the Property Tax Appeal Board and the expenses of the
7341+24 Department of Revenue incurred in administering the
7342+25 collection and distribution of moneys paid into the Fund;
7343+26 (f) for fiscal years 2012 and 2013 only, a sufficient
7344+
7345+
7346+
7347+
7348+
7349+ HB4959 Enrolled - 206 - LRB103 36303 SPS 66401 b
7350+
7351+
7352+HB4959 Enrolled- 207 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 207 - LRB103 36303 SPS 66401 b
7353+ HB4959 Enrolled - 207 - LRB103 36303 SPS 66401 b
7354+1 amount to pay stipends, additional compensation, salary
7355+2 reimbursements, and other amounts directed to be paid out
7356+3 of this Fund for regional offices and officials as
7357+4 authorized or required by statute; or (g) for fiscal years
7358+5 2018 through 2025 2024 only, a sufficient amount to pay
7359+6 amounts directed to be paid out of this Fund for public
7360+7 community college base operating grants and local health
7361+8 protection grants to certified local health departments as
7362+9 authorized or required by appropriation or statute. Such
7363+10 portion of the fund shall be determined after the transfer
7364+11 into the General Revenue Fund due to refunds, if any, paid
7365+12 from the General Revenue Fund during the preceding
7366+13 quarter. If at any time, for any reason, there is
7367+14 insufficient amount in the Personal Property Tax
7368+15 Replacement Fund for payments for regional offices and
7369+16 officials or local officials or payment of costs of
7370+17 administration or for transfers due to refunds at the end
7371+18 of any particular month, the amount of such insufficiency
7372+19 shall be carried over for the purposes of payments for
7373+20 regional offices and officials, local officials, transfers
7374+21 into the General Revenue Fund, and costs of administration
7375+22 to the following month or months. Net replacement revenue
7376+23 held, and defined above, shall be transferred by the
7377+24 Treasurer and Comptroller to the Personal Property Tax
7378+25 Replacement Fund within 10 days of such certification.
7379+26 (2) Each quarterly allocation shall first be
7380+
7381+
7382+
7383+
7384+
7385+ HB4959 Enrolled - 207 - LRB103 36303 SPS 66401 b
7386+
7387+
7388+HB4959 Enrolled- 208 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 208 - LRB103 36303 SPS 66401 b
7389+ HB4959 Enrolled - 208 - LRB103 36303 SPS 66401 b
7390+1 apportioned in the following manner: 51.65% for taxing
7391+2 districts in Cook County and 48.35% for taxing districts
7392+3 in the remainder of the State.
7393+4 The Personal Property Replacement Ratio of each taxing
7394+5 district outside Cook County shall be the ratio which the Tax
7395+6 Base of that taxing district bears to the Downstate Tax Base.
7396+7 The Tax Base of each taxing district outside of Cook County is
7397+8 the personal property tax collections for that taxing district
7398+9 for the 1977 tax year. The Downstate Tax Base is the personal
7399+10 property tax collections for all taxing districts in the State
7400+11 outside of Cook County for the 1977 tax year. The Department of
7401+12 Revenue shall have authority to review for accuracy and
7402+13 completeness the personal property tax collections for each
7403+14 taxing district outside Cook County for the 1977 tax year.
7404+15 The Personal Property Replacement Ratio of each Cook
7405+16 County taxing district shall be the ratio which the Tax Base of
7406+17 that taxing district bears to the Cook County Tax Base. The Tax
7407+18 Base of each Cook County taxing district is the personal
7408+19 property tax collections for that taxing district for the 1976
7409+20 tax year. The Cook County Tax Base is the personal property tax
7410+21 collections for all taxing districts in Cook County for the
7411+22 1976 tax year. The Department of Revenue shall have authority
7412+23 to review for accuracy and completeness the personal property
7413+24 tax collections for each taxing district within Cook County
7414+25 for the 1976 tax year.
7415+26 For all purposes of this Section 12, amounts paid to a
7416+
7417+
7418+
7419+
7420+
7421+ HB4959 Enrolled - 208 - LRB103 36303 SPS 66401 b
7422+
7423+
7424+HB4959 Enrolled- 209 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 209 - LRB103 36303 SPS 66401 b
7425+ HB4959 Enrolled - 209 - LRB103 36303 SPS 66401 b
7426+1 taxing district for such tax years as may be applicable by a
7427+2 foreign corporation under the provisions of Section 7-202 of
7428+3 the Public Utilities Act, as amended, shall be deemed to be
7429+4 personal property taxes collected by such taxing district for
7430+5 such tax years as may be applicable. The Director shall
7431+6 determine from the Illinois Commerce Commission, for any tax
7432+7 year as may be applicable, the amounts so paid by any such
7433+8 foreign corporation to any and all taxing districts. The
7434+9 Illinois Commerce Commission shall furnish such information to
7435+10 the Director. For all purposes of this Section 12, the
7436+11 Director shall deem such amounts to be collected personal
7437+12 property taxes of each such taxing district for the applicable
7438+13 tax year or years.
7439+14 Taxing districts located both in Cook County and in one or
7440+15 more other counties shall receive both a Cook County
7441+16 allocation and a Downstate allocation determined in the same
7442+17 way as all other taxing districts.
7443+18 If any taxing district in existence on July 1, 1979 ceases
7444+19 to exist, or discontinues its operations, its Tax Base shall
7445+20 thereafter be deemed to be zero. If the powers, duties and
7446+21 obligations of the discontinued taxing district are assumed by
7447+22 another taxing district, the Tax Base of the discontinued
7448+23 taxing district shall be added to the Tax Base of the taxing
7449+24 district assuming such powers, duties and obligations.
7450+25 If two or more taxing districts in existence on July 1,
7451+26 1979, or a successor or successors thereto shall consolidate
7452+
7453+
7454+
7455+
7456+
7457+ HB4959 Enrolled - 209 - LRB103 36303 SPS 66401 b
7458+
7459+
7460+HB4959 Enrolled- 210 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 210 - LRB103 36303 SPS 66401 b
7461+ HB4959 Enrolled - 210 - LRB103 36303 SPS 66401 b
7462+1 into one taxing district, the Tax Base of such consolidated
7463+2 taxing district shall be the sum of the Tax Bases of each of
7464+3 the taxing districts which have consolidated.
7465+4 If a single taxing district in existence on July 1, 1979,
7466+5 or a successor or successors thereto shall be divided into two
7467+6 or more separate taxing districts, the tax base of the taxing
7468+7 district so divided shall be allocated to each of the
7469+8 resulting taxing districts in proportion to the then current
7470+9 equalized assessed value of each resulting taxing district.
7471+10 If a portion of the territory of a taxing district is
7472+11 disconnected and annexed to another taxing district of the
7473+12 same type, the Tax Base of the taxing district from which
7474+13 disconnection was made shall be reduced in proportion to the
7475+14 then current equalized assessed value of the disconnected
7476+15 territory as compared with the then current equalized assessed
7477+16 value within the entire territory of the taxing district prior
7478+17 to disconnection, and the amount of such reduction shall be
7479+18 added to the Tax Base of the taxing district to which
7480+19 annexation is made.
7481+20 If a community college district is created after July 1,
7482+21 1979, beginning on January 1, 1996 (the effective date of
7483+22 Public Act 89-327), its Tax Base shall be 3.5% of the sum of
7484+23 the personal property tax collected for the 1977 tax year
7485+24 within the territorial jurisdiction of the district.
7486+25 The amounts allocated and paid to taxing districts
7487+26 pursuant to the provisions of Public Act 81-1st Special
7488+
7489+
7490+
7491+
7492+
7493+ HB4959 Enrolled - 210 - LRB103 36303 SPS 66401 b
7494+
7495+
7496+HB4959 Enrolled- 211 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 211 - LRB103 36303 SPS 66401 b
7497+ HB4959 Enrolled - 211 - LRB103 36303 SPS 66401 b
7498+1 Session-1 shall be deemed to be substitute revenues for the
7499+2 revenues derived from taxes imposed on personal property
7500+3 pursuant to the provisions of the "Revenue Act of 1939" or "An
7501+4 Act for the assessment and taxation of private car line
7502+5 companies", approved July 22, 1943, as amended, or Section 414
7503+6 of the Illinois Insurance Code, prior to the abolition of such
7504+7 taxes and shall be used for the same purposes as the revenues
7505+8 derived from ad valorem taxes on real estate.
7506+9 Monies received by any taxing districts from the Personal
7507+10 Property Tax Replacement Fund shall be first applied toward
7508+11 payment of the proportionate amount of debt service which was
7509+12 previously levied and collected from extensions against
7510+13 personal property on bonds outstanding as of December 31, 1978
7511+14 and next applied toward payment of the proportionate share of
7512+15 the pension or retirement obligations of the taxing district
7513+16 which were previously levied and collected from extensions
7514+17 against personal property. For each such outstanding bond
7515+18 issue, the County Clerk shall determine the percentage of the
7516+19 debt service which was collected from extensions against real
7517+20 estate in the taxing district for 1978 taxes payable in 1979,
7518+21 as related to the total amount of such levies and collections
7519+22 from extensions against both real and personal property. For
7520+23 1979 and subsequent years' taxes, the County Clerk shall levy
7521+24 and extend taxes against the real estate of each taxing
7522+25 district which will yield the said percentage or percentages
7523+26 of the debt service on such outstanding bonds. The balance of
7524+
7525+
7526+
7527+
7528+
7529+ HB4959 Enrolled - 211 - LRB103 36303 SPS 66401 b
7530+
7531+
7532+HB4959 Enrolled- 212 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 212 - LRB103 36303 SPS 66401 b
7533+ HB4959 Enrolled - 212 - LRB103 36303 SPS 66401 b
7534+1 the amount necessary to fully pay such debt service shall
7535+2 constitute a first and prior lien upon the monies received by
7536+3 each such taxing district through the Personal Property Tax
7537+4 Replacement Fund and shall be first applied or set aside for
7538+5 such purpose. In counties having fewer than 3,000,000
7539+6 inhabitants, the amendments to this paragraph as made by
7540+7 Public Act 81-1255 shall be first applicable to 1980 taxes to
7541+8 be collected in 1981.
7542+9 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
7543+10 103-8, eff. 6-7-23.)
7544+11 Section 5-40. The Illinois Procurement Code is amended by
7545+12 changing Section 10-20 as follows:
7546+13 (30 ILCS 500/10-20)
7547+14 Sec. 10-20. Independent chief procurement officers.
7548+15 (a) Appointment. Within 60 calendar days after July 1,
7549+16 2010 (the effective date of Public Act 96-795) this amendatory
7550+17 Act of the 96th General Assembly, the Executive Ethics
7551+18 Commission, with the advice and consent of the Senate shall
7552+19 appoint or approve 4 chief procurement officers, one for each
7553+20 of the following categories:
7554+21 (1) for procurements for construction and
7555+22 construction-related services committed by law to the
7556+23 jurisdiction or responsibility of the Capital Development
7557+24 Board;
7558+
7559+
7560+
7561+
7562+
7563+ HB4959 Enrolled - 212 - LRB103 36303 SPS 66401 b
7564+
7565+
7566+HB4959 Enrolled- 213 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 213 - LRB103 36303 SPS 66401 b
7567+ HB4959 Enrolled - 213 - LRB103 36303 SPS 66401 b
7568+1 (2) for procurements for all construction,
7569+2 construction-related services, operation of any facility,
7570+3 and the provision of any service or activity committed by
7571+4 law to the jurisdiction or responsibility of the Illinois
7572+5 Department of Transportation, including the direct or
7573+6 reimbursable expenditure of all federal funds for which
7574+7 the Department of Transportation is responsible or
7575+8 accountable for the use thereof in accordance with federal
7576+9 law, regulation, or procedure, the chief procurement
7577+10 officer recommended for approval under this item appointed
7578+11 by the Secretary of Transportation after consent by the
7579+12 Executive Ethics Commission;
7580+13 (3) for all procurements made by a public institution
7581+14 of higher education; and
7582+15 (4) for all other procurement needs of State agencies.
7583+16 For fiscal years year 2024 and 2025, the Executive Ethics
7584+17 Commission shall set aside from its appropriation those
7585+18 amounts necessary for the use of the 4 chief procurement
7586+19 officers for the ordinary and contingent expenses of their
7587+20 respective procurement offices. From the amounts set aside by
7588+21 the Commission, each chief procurement officer shall control
7589+22 the internal operations of his or her procurement office and
7590+23 shall procure the necessary equipment, materials, and services
7591+24 to perform the duties of that office, including hiring
7592+25 necessary procurement personnel, legal advisors, and other
7593+26 employees, and may establish, in the exercise of the chief
7594+
7595+
7596+
7597+
7598+
7599+ HB4959 Enrolled - 213 - LRB103 36303 SPS 66401 b
7600+
7601+
7602+HB4959 Enrolled- 214 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 214 - LRB103 36303 SPS 66401 b
7603+ HB4959 Enrolled - 214 - LRB103 36303 SPS 66401 b
7604+1 procurement officer's discretion, the compensation of the
7605+2 office's employees, which includes the State purchasing
7606+3 officers and any legal advisors. The Executive Ethics
7607+4 Commission shall have no control over the employees of the
7608+5 chief procurement officers. The Executive Ethics Commission
7609+6 shall provide administrative support services, including
7610+7 payroll, for each procurement office.
7611+8 (b) Terms and independence. Each chief procurement officer
7612+9 appointed under this Section shall serve for a term of 5 years
7613+10 beginning on the date of the officer's appointment. The chief
7614+11 procurement officer may be removed for cause after a hearing
7615+12 by the Executive Ethics Commission. The Governor or the
7616+13 director of a State agency directly responsible to the
7617+14 Governor may institute a complaint against the officer by
7618+15 filing such complaint with the Commission. The Commission
7619+16 shall have a hearing based on the complaint. The officer and
7620+17 the complainant shall receive reasonable notice of the hearing
7621+18 and shall be permitted to present their respective arguments
7622+19 on the complaint. After the hearing, the Commission shall make
7623+20 a finding on the complaint and may take disciplinary action,
7624+21 including but not limited to removal of the officer.
7625+22 The salary of a chief procurement officer shall be
7626+23 established by the Executive Ethics Commission and may not be
7627+24 diminished during the officer's term. The salary may not
7628+25 exceed the salary of the director of a State agency for which
7629+26 the officer serves as chief procurement officer.
7630+
7631+
7632+
7633+
7634+
7635+ HB4959 Enrolled - 214 - LRB103 36303 SPS 66401 b
7636+
7637+
7638+HB4959 Enrolled- 215 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 215 - LRB103 36303 SPS 66401 b
7639+ HB4959 Enrolled - 215 - LRB103 36303 SPS 66401 b
7640+1 (c) Qualifications. In addition to any other requirement
7641+2 or qualification required by State law, each chief procurement
7642+3 officer must within 12 months of employment be a Certified
7643+4 Professional Public Buyer or a Certified Public Purchasing
7644+5 Officer, pursuant to certification by the Universal Public
7645+6 Purchasing Certification Council, and must reside in Illinois.
7646+7 (d) Fiduciary duty. Each chief procurement officer owes a
7647+8 fiduciary duty to the State.
7648+9 (e) Vacancy. In case of a vacancy in one or more of the
7649+10 offices of a chief procurement officer under this Section
7650+11 during the recess of the Senate, the Executive Ethics
7651+12 Commission shall make a temporary appointment until the next
7652+13 meeting of the Senate, when the Executive Ethics Commission
7653+14 shall nominate some person to fill the office, and any person
7654+15 so nominated who is confirmed by the Senate shall hold office
7655+16 during the remainder of the term and until his or her successor
7656+17 is appointed and qualified. If the Senate is not in session at
7657+18 the time Public Act 96-920 this amendatory Act of the 96th
7658+19 General Assembly takes effect, the Executive Ethics Commission
7659+20 shall make a temporary appointment as in the case of a vacancy.
7660+21 (f) (Blank).
7661+22 (g) (Blank).
7662+23 (Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.)
7663+24 Section 5-43. The State Prompt Payment Act is amended by
7664+25 changing Section 3-6 and by adding Section 3-7 as follows:
7665+
7666+
7667+
7668+
7669+
7670+ HB4959 Enrolled - 215 - LRB103 36303 SPS 66401 b
7671+
7672+
7673+HB4959 Enrolled- 216 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 216 - LRB103 36303 SPS 66401 b
7674+ HB4959 Enrolled - 216 - LRB103 36303 SPS 66401 b
7675+1 (30 ILCS 540/3-6)
7676+2 Sec. 3-6. Federal funds; lack of authority. If an agency
7677+3 incurs an interest liability under this Act that cannot be
7678+4 charged to the same expenditure authority account to which the
7679+5 related goods or services were charged due to federal
7680+6 prohibitions, the agency is authorized to pay the interest
7681+7 from its available appropriations from the General Revenue
7682+8 Fund, except that the Department of Transportation is
7683+9 authorized to pay the interest from its available
7684+10 appropriations from the Road Fund, as long as the original
7685+11 goods or services were for purposes consistent with Section 11
7686+12 of Article IX of the Illinois Constitution.
7687+13 (Source: P.A. 100-587, eff. 6-4-18.)
7688+14 (30 ILCS 540/3-7 new)
7689+15 Sec. 3-7. Transportation bond funds. If the Department of
7690+16 Transportation incurs an interest liability under this Act
7691+17 that would be payable from a transportation bond fund, the
7692+18 Department of Transportation is authorized to pay the interest
7693+19 from its available appropriations from the Road Fund, as long
7694+20 as the original purpose to which the bond funds were applied
7695+21 was consistent with Section 11 of Article IX of the Illinois
7696+22 Constitution. As used in this Section, "transportation bond
7697+23 fund" means any of the following funds in the State treasury:
7698+24 the Transportation Bond, Series A Fund; the Transportation
7699+
7700+
7701+
7702+
7703+
7704+ HB4959 Enrolled - 216 - LRB103 36303 SPS 66401 b
7705+
7706+
7707+HB4959 Enrolled- 217 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 217 - LRB103 36303 SPS 66401 b
7708+ HB4959 Enrolled - 217 - LRB103 36303 SPS 66401 b
7709+1 Bond, Series B Fund; the Transportation Bond Series D Fund;
7710+2 and the Multi-modal Transportation Bond Fund.
7711+3 Section 5-45. The Illinois Works Jobs Program Act is
7712+4 amended by changing Section 20-15 as follows:
7713+5 (30 ILCS 559/20-15)
7714+6 Sec. 20-15. Illinois Works Preapprenticeship Program;
7715+7 Illinois Works Bid Credit Program.
7716+8 (a) The Illinois Works Preapprenticeship Program is
7717+9 established and shall be administered by the Department. The
7718+10 goal of the Illinois Works Preapprenticeship Program is to
7719+11 create a network of community-based organizations throughout
7720+12 the State that will recruit, prescreen, and provide
7721+13 preapprenticeship skills training, for which participants may
7722+14 attend free of charge and receive a stipend, to create a
7723+15 qualified, diverse pipeline of workers who are prepared for
7724+16 careers in the construction and building trades. Upon
7725+17 completion of the Illinois Works Preapprenticeship Program,
7726+18 the candidates will be skilled and work-ready.
7727+19 (b) There is created the Illinois Works Fund, a special
7728+20 fund in the State treasury. The Illinois Works Fund shall be
7729+21 administered by the Department. The Illinois Works Fund shall
7730+22 be used to provide funding for community-based organizations
7731+23 throughout the State. In addition to any other transfers that
7732+24 may be provided for by law, on and after July 1, 2019 at the
7733+
7734+
7735+
7736+
7737+
7738+ HB4959 Enrolled - 217 - LRB103 36303 SPS 66401 b
7739+
7740+
7741+HB4959 Enrolled- 218 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 218 - LRB103 36303 SPS 66401 b
7742+ HB4959 Enrolled - 218 - LRB103 36303 SPS 66401 b
7743+1 direction of the Director of the Governor's Office of
7744+2 Management and Budget, the State Comptroller shall direct and
7745+3 the State Treasurer shall transfer amounts not exceeding a
7746+4 total of $50,000,000 from the Rebuild Illinois Projects Fund
7747+5 to the Illinois Works Fund.
7748+6 (b-5) In addition to any other transfers that may be
7749+7 provided for by law, beginning July 1, 2024 and each July 1
7750+8 thereafter, or as soon thereafter as practical, the State
7751+9 Comptroller shall direct and the State Treasurer shall
7752+10 transfer $20,000,000 from the Capital Projects Fund to the
7753+11 Illinois Works Fund.
7754+12 (c) Each community-based organization that receives
7755+13 funding from the Illinois Works Fund shall provide an annual
7756+14 report to the Illinois Works Review Panel by April 1 of each
7757+15 calendar year. The annual report shall include the following
7758+16 information:
7759+17 (1) a description of the community-based
7760+18 organization's recruitment, screening, and training
7761+19 efforts;
7762+20 (2) the number of individuals who apply to,
7763+21 participate in, and complete the community-based
7764+22 organization's program, broken down by race, gender, age,
7765+23 and veteran status; and
7766+24 (3) the number of the individuals referenced in item (2)
7767+25 of this subsection who are initially accepted and placed
7768+26 into apprenticeship programs in the construction and
7769+
7770+
7771+
7772+
7773+
7774+ HB4959 Enrolled - 218 - LRB103 36303 SPS 66401 b
7775+
7776+
7777+HB4959 Enrolled- 219 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 219 - LRB103 36303 SPS 66401 b
7778+ HB4959 Enrolled - 219 - LRB103 36303 SPS 66401 b
7779+1 building trades.
7780+2 (d) The Department shall create and administer the
7781+3 Illinois Works Bid Credit Program that shall provide economic
7782+4 incentives, through bid credits, to encourage contractors and
7783+5 subcontractors to provide contracting and employment
7784+6 opportunities to historically underrepresented populations in
7785+7 the construction industry.
7786+8 The Illinois Works Bid Credit Program shall allow
7787+9 contractors and subcontractors to earn bid credits for use
7788+10 toward future bids for public works projects contracted by the
7789+11 State or an agency of the State in order to increase the
7790+12 chances that the contractor and the subcontractors will be
7791+13 selected.
7792+14 Contractors or subcontractors may be eligible to earn bid
7793+15 credits for employing apprentices who have completed the
7794+16 Illinois Works Preapprenticeship Program. Contractors or
7795+17 subcontractors shall earn bid credits at a rate established by
7796+18 the Department and based on labor hours worked by apprentices
7797+19 who have completed the Illinois Works Preapprenticeship
7798+20 Program. In order to earn bid credits, contractors and
7799+21 subcontractors shall provide the Department with certified
7800+22 payroll documenting the hours performed by apprentices who
7801+23 have completed the Illinois Works Preapprenticeship Program.
7802+24 Contractors and subcontractors can use bid credits toward
7803+25 future bids for public works projects contracted or funded by
7804+26 the State or an agency of the State in order to increase the
7805+
7806+
7807+
7808+
7809+
7810+ HB4959 Enrolled - 219 - LRB103 36303 SPS 66401 b
7811+
7812+
7813+HB4959 Enrolled- 220 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 220 - LRB103 36303 SPS 66401 b
7814+ HB4959 Enrolled - 220 - LRB103 36303 SPS 66401 b
7815+1 likelihood of being selected as the contractor for the public
7816+2 works project toward which they have applied the bid credit.
7817+3 The Department shall establish the rate by rule and shall
7818+4 publish it on the Department's website. The rule may include
7819+5 maximum bid credits allowed per contractor, per subcontractor,
7820+6 per apprentice, per bid, or per year.
7821+7 The Illinois Works Credit Bank is hereby created and shall
7822+8 be administered by the Department. The Illinois Works Credit
7823+9 Bank shall track the bid credits.
7824+10 A contractor or subcontractor who has been awarded bid
7825+11 credits under any other State program for employing
7826+12 apprentices who have completed the Illinois Works
7827+13 Preapprenticeship Program is not eligible to receive bid
7828+14 credits under the Illinois Works Bid Credit Program relating
7829+15 to the same contract.
7830+16 The Department shall report to the Illinois Works Review
7831+17 Panel the following: (i) the number of bid credits awarded by
7832+18 the Department; (ii) the number of bid credits submitted by
7833+19 the contractor or subcontractor to the agency administering
7834+20 the public works contract; and (iii) the number of bid credits
7835+21 accepted by the agency for such contract. Any agency that
7836+22 awards bid credits pursuant to the Illinois Works Credit Bank
7837+23 Program shall report to the Department the number of bid
7838+24 credits it accepted for the public works contract.
7839+25 Upon a finding that a contractor or subcontractor has
7840+26 reported falsified records to the Department in order to
7841+
7842+
7843+
7844+
7845+
7846+ HB4959 Enrolled - 220 - LRB103 36303 SPS 66401 b
7847+
7848+
7849+HB4959 Enrolled- 221 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 221 - LRB103 36303 SPS 66401 b
7850+ HB4959 Enrolled - 221 - LRB103 36303 SPS 66401 b
7851+1 fraudulently obtain bid credits, the Department may bar the
7852+2 contractor or subcontractor from participating in the Illinois
7853+3 Works Bid Credit Program and may suspend the contractor or
7854+4 subcontractor from bidding on or participating in any public
7855+5 works project. False or fraudulent claims for payment relating
7856+6 to false bid credits may be subject to damages and penalties
7857+7 under applicable law.
7858+8 (e) The Department shall adopt any rules deemed necessary
7859+9 to implement this Section. In order to provide for the
7860+10 expeditious and timely implementation of this Act, the
7861+11 Department may adopt emergency rules. The adoption of
7862+12 emergency rules authorized by this subsection is deemed to be
7863+13 necessary for the public interest, safety, and welfare.
7864+14 (Source: P.A. 103-8, eff. 6-7-23; 103-305, eff. 7-28-23;
7865+15 revised 9-6-23.)
7866+16 Section 5-47. The Downstate Public Transportation Act is
7867+17 amended by changing Section 2-3 as follows:
7868+18 (30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)
7869+19 Sec. 2-3. (a) As soon as possible after the first day of
7870+20 each month, beginning July 1, 1984, upon certification of the
7871+21 Department of Revenue, the Comptroller shall order
7872+22 transferred, and the Treasurer shall transfer, from the
7873+23 General Revenue Fund to a special fund in the State Treasury
7874+24 which is hereby created, to be known as the Downstate Public
7875+
7876+
7877+
7878+
7879+
7880+ HB4959 Enrolled - 221 - LRB103 36303 SPS 66401 b
7881+
7882+
7883+HB4959 Enrolled- 222 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 222 - LRB103 36303 SPS 66401 b
7884+ HB4959 Enrolled - 222 - LRB103 36303 SPS 66401 b
7885+1 Transportation Fund, an amount equal to 2/32 (beginning July
7886+2 1, 2005, 3/32) of the net revenue realized from the Retailers'
7887+3 Occupation Tax Act, the Service Occupation Tax Act, the Use
7888+4 Tax Act, and the Service Use Tax Act from persons incurring
7889+5 municipal or county retailers' or service occupation tax
7890+6 liability for the benefit of any municipality or county
7891+7 located wholly within the boundaries of each participant,
7892+8 other than any Metro-East Transit District participant
7893+9 certified pursuant to subsection (c) of this Section during
7894+10 the preceding month, except that the Department shall pay into
7895+11 the Downstate Public Transportation Fund 2/32 (beginning July
7896+12 1, 2005, 3/32) of 80% of the net revenue realized under the
7897+13 State tax Acts named above within any municipality or county
7898+14 located wholly within the boundaries of each participant,
7899+15 other than any Metro-East participant, for tax periods
7900+16 beginning on or after January 1, 1990. Net revenue realized
7901+17 for a month shall be the revenue collected by the State
7902+18 pursuant to such Acts during the previous month from persons
7903+19 incurring municipal or county retailers' or service occupation
7904+20 tax liability for the benefit of any municipality or county
7905+21 located wholly within the boundaries of a participant, less
7906+22 the amount paid out during that same month as refunds or credit
7907+23 memoranda to taxpayers for overpayment of liability under such
7908+24 Acts for the benefit of any municipality or county located
7909+25 wholly within the boundaries of a participant.
7910+26 Notwithstanding any provision of law to the contrary,
7911+
7912+
7913+
7914+
7915+
7916+ HB4959 Enrolled - 222 - LRB103 36303 SPS 66401 b
7917+
7918+
7919+HB4959 Enrolled- 223 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 223 - LRB103 36303 SPS 66401 b
7920+ HB4959 Enrolled - 223 - LRB103 36303 SPS 66401 b
7921+1 beginning on July 6, 2017 (the effective date of Public Act
7922+2 100-23), those amounts required under this subsection (a) to
7923+3 be transferred by the Treasurer into the Downstate Public
7924+4 Transportation Fund from the General Revenue Fund shall be
7925+5 directly deposited into the Downstate Public Transportation
7926+6 Fund as the revenues are realized from the taxes indicated.
7927+7 (b) As soon as possible after the first day of each month,
7928+8 beginning July 1, 1989, upon certification of the Department
7929+9 of Revenue, the Comptroller shall order transferred, and the
7930+10 Treasurer shall transfer, from the General Revenue Fund to a
7931+11 special fund in the State Treasury which is hereby created, to
7932+12 be known as the Metro-East Public Transportation Fund, an
7933+13 amount equal to 2/32 of the net revenue realized, as above,
7934+14 from within the boundaries of Madison, Monroe, and St. Clair
7935+15 Counties, except that the Department shall pay into the
7936+16 Metro-East Public Transportation Fund 2/32 of 80% of the net
7937+17 revenue realized under the State tax Acts specified in
7938+18 subsection (a) of this Section within the boundaries of
7939+19 Madison, Monroe and St. Clair Counties for tax periods
7940+20 beginning on or after January 1, 1990. A local match
7941+21 equivalent to an amount which could be raised by a tax levy at
7942+22 the rate of .05% on the assessed value of property within the
7943+23 boundaries of Madison County is required annually to cause a
7944+24 total of 2/32 of the net revenue to be deposited in the
7945+25 Metro-East Public Transportation Fund. Failure to raise the
7946+26 required local match annually shall result in only 1/32 being
7947+
7948+
7949+
7950+
7951+
7952+ HB4959 Enrolled - 223 - LRB103 36303 SPS 66401 b
7953+
7954+
7955+HB4959 Enrolled- 224 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 224 - LRB103 36303 SPS 66401 b
7956+ HB4959 Enrolled - 224 - LRB103 36303 SPS 66401 b
7957+1 deposited into the Metro-East Public Transportation Fund after
7958+2 July 1, 1989, or 1/32 of 80% of the net revenue realized for
7959+3 tax periods beginning on or after January 1, 1990.
7960+4 (b-5) As soon as possible after the first day of each
7961+5 month, beginning July 1, 2005, upon certification of the
7962+6 Department of Revenue, the Comptroller shall order
7963+7 transferred, and the Treasurer shall transfer, from the
7964+8 General Revenue Fund to the Downstate Public Transportation
7965+9 Fund, an amount equal to 3/32 of 80% of the net revenue
7966+10 realized from within the boundaries of Monroe and St. Clair
7967+11 Counties under the State Tax Acts specified in subsection (a)
7968+12 of this Section and provided further that, beginning July 1,
7969+13 2005, the provisions of subsection (b) shall no longer apply
7970+14 with respect to such tax receipts from Monroe and St. Clair
7971+15 Counties.
7972+16 Notwithstanding any provision of law to the contrary,
7973+17 beginning on July 6, 2017 (the effective date of Public Act
7974+18 100-23), those amounts required under this subsection (b-5) to
7975+19 be transferred by the Treasurer into the Downstate Public
7976+20 Transportation Fund from the General Revenue Fund shall be
7977+21 directly deposited into the Downstate Public Transportation
7978+22 Fund as the revenues are realized from the taxes indicated.
7979+23 (b-6) As soon as possible after the first day of each
7980+24 month, beginning July 1, 2008, upon certification by the
7981+25 Department of Revenue, the Comptroller shall order transferred
7982+26 and the Treasurer shall transfer, from the General Revenue
7983+
7984+
7985+
7986+
7987+
7988+ HB4959 Enrolled - 224 - LRB103 36303 SPS 66401 b
7989+
7990+
7991+HB4959 Enrolled- 225 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 225 - LRB103 36303 SPS 66401 b
7992+ HB4959 Enrolled - 225 - LRB103 36303 SPS 66401 b
7993+1 Fund to the Downstate Public Transportation Fund, an amount
7994+2 equal to 3/32 of 80% of the net revenue realized from within
7995+3 the boundaries of Madison County under the State Tax Acts
7996+4 specified in subsection (a) of this Section and provided
7997+5 further that, beginning July 1, 2008, the provisions of
7998+6 subsection (b) shall no longer apply with respect to such tax
7999+7 receipts from Madison County.
8000+8 Notwithstanding any provision of law to the contrary,
8001+9 beginning on July 6, 2017 (the effective date of Public Act
8002+10 100-23), those amounts required under this subsection (b-6) to
8003+11 be transferred by the Treasurer into the Downstate Public
8004+12 Transportation Fund from the General Revenue Fund shall be
8005+13 directly deposited into the Downstate Public Transportation
8006+14 Fund as the revenues are realized from the taxes indicated.
8007+15 (b-7) Beginning July 1, 2018, notwithstanding any the
8008+16 other provisions of law to the contrary this Section, instead
8009+17 of the Comptroller making monthly transfers from the General
8010+18 Revenue Fund to the Downstate Public Transportation Fund, the
8011+19 Department of Revenue shall deposit the designated fraction of
8012+20 the net revenue realized from collections under the Retailers'
8013+21 Occupation Tax Act, the Service Occupation Tax Act, the Use
8014+22 Tax Act, and the Service Use Tax Act directly into the
8015+23 Downstate Public Transportation Fund, except that, for the
8016+24 State fiscal year beginning July 1, 2024, the first
8017+25 $75,000,000 that would have otherwise been deposited as
8018+26 provided in this subsection shall instead be transferred from
8019+
8020+
8021+
8022+
8023+
8024+ HB4959 Enrolled - 225 - LRB103 36303 SPS 66401 b
8025+
8026+
8027+HB4959 Enrolled- 226 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 226 - LRB103 36303 SPS 66401 b
8028+ HB4959 Enrolled - 226 - LRB103 36303 SPS 66401 b
8029+1 the Road Fund to the Downstate Public Transportation Fund by
8030+2 the Treasurer upon certification by the Department of Revenue
8031+3 and order of the Comptroller. The funds authorized and
8032+4 transferred pursuant to this amendatory Act of the 103rd
8033+5 General Assembly are not intended or planned for road
8034+6 construction projects.
8035+7 (c) The Department shall certify to the Department of
8036+8 Revenue the eligible participants under this Article and the
8037+9 territorial boundaries of such participants for the purposes
8038+10 of the Department of Revenue in subsections (a) and (b) of this
8039+11 Section.
8040+12 (d) For the purposes of this Article, beginning in fiscal
8041+13 year 2009 the General Assembly shall appropriate an amount
8042+14 from the Downstate Public Transportation Fund equal to the sum
8043+15 total of funds projected to be paid to the participants
8044+16 pursuant to Section 2-7. If the General Assembly fails to make
8045+17 appropriations sufficient to cover the amounts projected to be
8046+18 paid pursuant to Section 2-7, this Act shall constitute an
8047+19 irrevocable and continuing appropriation from the Downstate
8048+20 Public Transportation Fund of all amounts necessary for those
8049+21 purposes.
8050+22 (e) (Blank).
8051+23 (f) (Blank).
8052+24 (g) (Blank).
8053+25 (h) For State fiscal year 2020 only, notwithstanding any
8054+26 provision of law to the contrary, the total amount of revenue
8055+
8056+
8057+
8058+
8059+
8060+ HB4959 Enrolled - 226 - LRB103 36303 SPS 66401 b
8061+
8062+
8063+HB4959 Enrolled- 227 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 227 - LRB103 36303 SPS 66401 b
8064+ HB4959 Enrolled - 227 - LRB103 36303 SPS 66401 b
8065+1 and deposits under this Section attributable to revenues
8066+2 realized during State fiscal year 2020 shall be reduced by 5%.
8067+3 (i) For State fiscal year 2021 only, notwithstanding any
8068+4 provision of law to the contrary, the total amount of revenue
8069+5 and deposits under this Section attributable to revenues
8070+6 realized during State fiscal year 2021 shall be reduced by 5%.
8071+7 (j) Commencing with State fiscal year 2022 programs, and
8072+8 for each fiscal year thereafter, all appropriations made under
8073+9 the provisions of this Act shall not constitute a grant
8074+10 program subject to the requirements of the Grant
8075+11 Accountability and Transparency Act. The Department shall
8076+12 approve programs of proposed expenditures and services
8077+13 submitted by participants under the requirements of Sections
8078+14 2-5 and 2-11.
8079+15 (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
8080+16 102-626, eff. 8-27-21.)
8081+17 Section 5-50. The Illinois Income Tax Act is amended by
8082+18 changing Section 901 as follows:
8083+19 (35 ILCS 5/901)
8084+20 Sec. 901. Collection authority.
8085+21 (a) In general. The Department shall collect the taxes
8086+22 imposed by this Act. The Department shall collect certified
8087+23 past due child support amounts under Section 2505-650 of the
8088+24 Department of Revenue Law of the Civil Administrative Code of
8089+
8090+
8091+
8092+
8093+
8094+ HB4959 Enrolled - 227 - LRB103 36303 SPS 66401 b
8095+
8096+
8097+HB4959 Enrolled- 228 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 228 - LRB103 36303 SPS 66401 b
8098+ HB4959 Enrolled - 228 - LRB103 36303 SPS 66401 b
8099+1 Illinois. Except as provided in subsections (b), (c), (e),
8100+2 (f), (g), and (h) of this Section, money collected pursuant to
8101+3 subsections (a) and (b) of Section 201 of this Act shall be
8102+4 paid into the General Revenue Fund in the State treasury;
8103+5 money collected pursuant to subsections (c) and (d) of Section
8104+6 201 of this Act shall be paid into the Personal Property Tax
8105+7 Replacement Fund, a special fund in the State Treasury; and
8106+8 money collected under Section 2505-650 of the Department of
8107+9 Revenue Law of the Civil Administrative Code of Illinois shall
8108+10 be paid into the Child Support Enforcement Trust Fund, a
8109+11 special fund outside the State Treasury, or to the State
8110+12 Disbursement Unit established under Section 10-26 of the
8111+13 Illinois Public Aid Code, as directed by the Department of
8112+14 Healthcare and Family Services.
8113+15 (b) Local Government Distributive Fund. Beginning August
8114+16 1, 2017 and continuing through July 31, 2022, the Treasurer
8115+17 shall transfer each month from the General Revenue Fund to the
8116+18 Local Government Distributive Fund an amount equal to the sum
8117+19 of: (i) 6.06% (10% of the ratio of the 3% individual income tax
8118+20 rate prior to 2011 to the 4.95% individual income tax rate
8119+21 after July 1, 2017) of the net revenue realized from the tax
8120+22 imposed by subsections (a) and (b) of Section 201 of this Act
8121+23 upon individuals, trusts, and estates during the preceding
8122+24 month; (ii) 6.85% (10% of the ratio of the 4.8% corporate
8123+25 income tax rate prior to 2011 to the 7% corporate income tax
8124+26 rate after July 1, 2017) of the net revenue realized from the
8125+
8126+
8127+
8128+
8129+
8130+ HB4959 Enrolled - 228 - LRB103 36303 SPS 66401 b
8131+
8132+
8133+HB4959 Enrolled- 229 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 229 - LRB103 36303 SPS 66401 b
8134+ HB4959 Enrolled - 229 - LRB103 36303 SPS 66401 b
8135+1 tax imposed by subsections (a) and (b) of Section 201 of this
8136+2 Act upon corporations during the preceding month; and (iii)
8137+3 beginning February 1, 2022, 6.06% of the net revenue realized
8138+4 from the tax imposed by subsection (p) of Section 201 of this
8139+5 Act upon electing pass-through entities. Beginning August 1,
8140+6 2022 and continuing through July 31, 2023, the Treasurer shall
8141+7 transfer each month from the General Revenue Fund to the Local
8142+8 Government Distributive Fund an amount equal to the sum of:
8143+9 (i) 6.16% of the net revenue realized from the tax imposed by
8144+10 subsections (a) and (b) of Section 201 of this Act upon
8145+11 individuals, trusts, and estates during the preceding month;
8146+12 (ii) 6.85% of the net revenue realized from the tax imposed by
8147+13 subsections (a) and (b) of Section 201 of this Act upon
8148+14 corporations during the preceding month; and (iii) 6.16% of
8149+15 the net revenue realized from the tax imposed by subsection
8150+16 (p) of Section 201 of this Act upon electing pass-through
8151+17 entities. Beginning August 1, 2023, the Treasurer shall
8152+18 transfer each month from the General Revenue Fund to the Local
8153+19 Government Distributive Fund an amount equal to the sum of:
8154+20 (i) 6.47% of the net revenue realized from the tax imposed by
8155+21 subsections (a) and (b) of Section 201 of this Act upon
8156+22 individuals, trusts, and estates during the preceding month;
8157+23 (ii) 6.85% of the net revenue realized from the tax imposed by
8158+24 subsections (a) and (b) of Section 201 of this Act upon
8159+25 corporations during the preceding month; and (iii) 6.47% of
8160+26 the net revenue realized from the tax imposed by subsection
8161+
8162+
8163+
8164+
8165+
8166+ HB4959 Enrolled - 229 - LRB103 36303 SPS 66401 b
8167+
8168+
8169+HB4959 Enrolled- 230 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 230 - LRB103 36303 SPS 66401 b
8170+ HB4959 Enrolled - 230 - LRB103 36303 SPS 66401 b
8171+1 (p) of Section 201 of this Act upon electing pass-through
8172+2 entities. Net revenue realized for a month shall be defined as
8173+3 the revenue from the tax imposed by subsections (a) and (b) of
8174+4 Section 201 of this Act which is deposited into the General
8175+5 Revenue Fund, the Education Assistance Fund, the Income Tax
8176+6 Surcharge Local Government Distributive Fund, the Fund for the
8177+7 Advancement of Education, and the Commitment to Human Services
8178+8 Fund during the month minus the amount paid out of the General
8179+9 Revenue Fund in State warrants during that same month as
8180+10 refunds to taxpayers for overpayment of liability under the
8181+11 tax imposed by subsections (a) and (b) of Section 201 of this
8182+12 Act.
8183+13 Notwithstanding any provision of law to the contrary,
8184+14 beginning on July 6, 2017 (the effective date of Public Act
8185+15 100-23), those amounts required under this subsection (b) to
8186+16 be transferred by the Treasurer into the Local Government
8187+17 Distributive Fund from the General Revenue Fund shall be
8188+18 directly deposited into the Local Government Distributive Fund
8189+19 as the revenue is realized from the tax imposed by subsections
8190+20 (a) and (b) of Section 201 of this Act.
8191+21 (c) Deposits Into Income Tax Refund Fund.
8192+22 (1) Beginning on January 1, 1989 and thereafter, the
8193+23 Department shall deposit a percentage of the amounts
8194+24 collected pursuant to subsections (a) and (b)(1), (2), and
8195+25 (3) of Section 201 of this Act into a fund in the State
8196+26 treasury known as the Income Tax Refund Fund. Beginning
8197+
8198+
8199+
8200+
8201+
8202+ HB4959 Enrolled - 230 - LRB103 36303 SPS 66401 b
8203+
8204+
8205+HB4959 Enrolled- 231 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 231 - LRB103 36303 SPS 66401 b
8206+ HB4959 Enrolled - 231 - LRB103 36303 SPS 66401 b
8207+1 with State fiscal year 1990 and for each fiscal year
8208+2 thereafter, the percentage deposited into the Income Tax
8209+3 Refund Fund during a fiscal year shall be the Annual
8210+4 Percentage. For fiscal year 2011, the Annual Percentage
8211+5 shall be 8.75%. For fiscal year 2012, the Annual
8212+6 Percentage shall be 8.75%. For fiscal year 2013, the
8213+7 Annual Percentage shall be 9.75%. For fiscal year 2014,
8214+8 the Annual Percentage shall be 9.5%. For fiscal year 2015,
8215+9 the Annual Percentage shall be 10%. For fiscal year 2018,
8216+10 the Annual Percentage shall be 9.8%. For fiscal year 2019,
8217+11 the Annual Percentage shall be 9.7%. For fiscal year 2020,
8218+12 the Annual Percentage shall be 9.5%. For fiscal year 2021,
8219+13 the Annual Percentage shall be 9%. For fiscal year 2022,
8220+14 the Annual Percentage shall be 9.25%. For fiscal year
8221+15 2023, the Annual Percentage shall be 9.25%. For fiscal
8222+16 year 2024, the Annual Percentage shall be 9.15%. For
8223+17 fiscal year 2025, the Annual Percentage shall be 9.15%.
8224+18 For all other fiscal years, the Annual Percentage shall be
8225+19 calculated as a fraction, the numerator of which shall be
8226+20 the amount of refunds approved for payment by the
8227+21 Department during the preceding fiscal year as a result of
8228+22 overpayment of tax liability under subsections (a) and
8229+23 (b)(1), (2), and (3) of Section 201 of this Act plus the
8230+24 amount of such refunds remaining approved but unpaid at
8231+25 the end of the preceding fiscal year, minus the amounts
8232+26 transferred into the Income Tax Refund Fund from the
8233+
8234+
8235+
8236+
8237+
8238+ HB4959 Enrolled - 231 - LRB103 36303 SPS 66401 b
8239+
8240+
8241+HB4959 Enrolled- 232 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 232 - LRB103 36303 SPS 66401 b
8242+ HB4959 Enrolled - 232 - LRB103 36303 SPS 66401 b
8243+1 Tobacco Settlement Recovery Fund, and the denominator of
8244+2 which shall be the amounts which will be collected
8245+3 pursuant to subsections (a) and (b)(1), (2), and (3) of
8246+4 Section 201 of this Act during the preceding fiscal year;
8247+5 except that in State fiscal year 2002, the Annual
8248+6 Percentage shall in no event exceed 7.6%. The Director of
8249+7 Revenue shall certify the Annual Percentage to the
8250+8 Comptroller on the last business day of the fiscal year
8251+9 immediately preceding the fiscal year for which it is to
8252+10 be effective.
8253+11 (2) Beginning on January 1, 1989 and thereafter, the
8254+12 Department shall deposit a percentage of the amounts
8255+13 collected pursuant to subsections (a) and (b)(6), (7), and
8256+14 (8), (c) and (d) of Section 201 of this Act into a fund in
8257+15 the State treasury known as the Income Tax Refund Fund.
8258+16 Beginning with State fiscal year 1990 and for each fiscal
8259+17 year thereafter, the percentage deposited into the Income
8260+18 Tax Refund Fund during a fiscal year shall be the Annual
8261+19 Percentage. For fiscal year 2011, the Annual Percentage
8262+20 shall be 17.5%. For fiscal year 2012, the Annual
8263+21 Percentage shall be 17.5%. For fiscal year 2013, the
8264+22 Annual Percentage shall be 14%. For fiscal year 2014, the
8265+23 Annual Percentage shall be 13.4%. For fiscal year 2015,
8266+24 the Annual Percentage shall be 14%. For fiscal year 2018,
8267+25 the Annual Percentage shall be 17.5%. For fiscal year
8268+26 2019, the Annual Percentage shall be 15.5%. For fiscal
8269+
8270+
8271+
8272+
8273+
8274+ HB4959 Enrolled - 232 - LRB103 36303 SPS 66401 b
8275+
8276+
8277+HB4959 Enrolled- 233 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 233 - LRB103 36303 SPS 66401 b
8278+ HB4959 Enrolled - 233 - LRB103 36303 SPS 66401 b
8279+1 year 2020, the Annual Percentage shall be 14.25%. For
8280+2 fiscal year 2021, the Annual Percentage shall be 14%. For
8281+3 fiscal year 2022, the Annual Percentage shall be 15%. For
8282+4 fiscal year 2023, the Annual Percentage shall be 14.5%.
8283+5 For fiscal year 2024, the Annual Percentage shall be 14%.
8284+6 For fiscal year 2025, the Annual Percentage shall be 14%.
8285+7 For all other fiscal years, the Annual Percentage shall be
8286+8 calculated as a fraction, the numerator of which shall be
8287+9 the amount of refunds approved for payment by the
8288+10 Department during the preceding fiscal year as a result of
8289+11 overpayment of tax liability under subsections (a) and
8290+12 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
8291+13 Act plus the amount of such refunds remaining approved but
8292+14 unpaid at the end of the preceding fiscal year, and the
8293+15 denominator of which shall be the amounts which will be
8294+16 collected pursuant to subsections (a) and (b)(6), (7), and
8295+17 (8), (c) and (d) of Section 201 of this Act during the
8296+18 preceding fiscal year; except that in State fiscal year
8297+19 2002, the Annual Percentage shall in no event exceed 23%.
8298+20 The Director of Revenue shall certify the Annual
8299+21 Percentage to the Comptroller on the last business day of
8300+22 the fiscal year immediately preceding the fiscal year for
8301+23 which it is to be effective.
8302+24 (3) The Comptroller shall order transferred and the
8303+25 Treasurer shall transfer from the Tobacco Settlement
8304+26 Recovery Fund to the Income Tax Refund Fund (i)
8305+
8306+
8307+
8308+
8309+
8310+ HB4959 Enrolled - 233 - LRB103 36303 SPS 66401 b
8311+
8312+
8313+HB4959 Enrolled- 234 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 234 - LRB103 36303 SPS 66401 b
8314+ HB4959 Enrolled - 234 - LRB103 36303 SPS 66401 b
8315+1 $35,000,000 in January, 2001, (ii) $35,000,000 in January,
8316+2 2002, and (iii) $35,000,000 in January, 2003.
8317+3 (d) Expenditures from Income Tax Refund Fund.
8318+4 (1) Beginning January 1, 1989, money in the Income Tax
8319+5 Refund Fund shall be expended exclusively for the purpose
8320+6 of paying refunds resulting from overpayment of tax
8321+7 liability under Section 201 of this Act and for making
8322+8 transfers pursuant to this subsection (d), except that in
8323+9 State fiscal years 2022 and 2023, moneys in the Income Tax
8324+10 Refund Fund shall also be used to pay one-time rebate
8325+11 payments as provided under Sections 208.5 and 212.1.
8326+12 (2) The Director shall order payment of refunds
8327+13 resulting from overpayment of tax liability under Section
8328+14 201 of this Act from the Income Tax Refund Fund only to the
8329+15 extent that amounts collected pursuant to Section 201 of
8330+16 this Act and transfers pursuant to this subsection (d) and
8331+17 item (3) of subsection (c) have been deposited and
8332+18 retained in the Fund.
8333+19 (3) As soon as possible after the end of each fiscal
8334+20 year, the Director shall order transferred and the State
8335+21 Treasurer and State Comptroller shall transfer from the
8336+22 Income Tax Refund Fund to the Personal Property Tax
8337+23 Replacement Fund an amount, certified by the Director to
8338+24 the Comptroller, equal to the excess of the amount
8339+25 collected pursuant to subsections (c) and (d) of Section
8340+26 201 of this Act deposited into the Income Tax Refund Fund
8341+
8342+
8343+
8344+
8345+
8346+ HB4959 Enrolled - 234 - LRB103 36303 SPS 66401 b
8347+
8348+
8349+HB4959 Enrolled- 235 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 235 - LRB103 36303 SPS 66401 b
8350+ HB4959 Enrolled - 235 - LRB103 36303 SPS 66401 b
8351+1 during the fiscal year over the amount of refunds
8352+2 resulting from overpayment of tax liability under
8353+3 subsections (c) and (d) of Section 201 of this Act paid
8354+4 from the Income Tax Refund Fund during the fiscal year.
8355+5 (4) As soon as possible after the end of each fiscal
8356+6 year, the Director shall order transferred and the State
8357+7 Treasurer and State Comptroller shall transfer from the
8358+8 Personal Property Tax Replacement Fund to the Income Tax
8359+9 Refund Fund an amount, certified by the Director to the
8360+10 Comptroller, equal to the excess of the amount of refunds
8361+11 resulting from overpayment of tax liability under
8362+12 subsections (c) and (d) of Section 201 of this Act paid
8363+13 from the Income Tax Refund Fund during the fiscal year
8364+14 over the amount collected pursuant to subsections (c) and
8365+15 (d) of Section 201 of this Act deposited into the Income
8366+16 Tax Refund Fund during the fiscal year.
8367+17 (4.5) As soon as possible after the end of fiscal year
8368+18 1999 and of each fiscal year thereafter, the Director
8369+19 shall order transferred and the State Treasurer and State
8370+20 Comptroller shall transfer from the Income Tax Refund Fund
8371+21 to the General Revenue Fund any surplus remaining in the
8372+22 Income Tax Refund Fund as of the end of such fiscal year;
8373+23 excluding for fiscal years 2000, 2001, and 2002 amounts
8374+24 attributable to transfers under item (3) of subsection (c)
8375+25 less refunds resulting from the earned income tax credit,
8376+26 and excluding for fiscal year 2022 amounts attributable to
8377+
8378+
8379+
8380+
8381+
8382+ HB4959 Enrolled - 235 - LRB103 36303 SPS 66401 b
8383+
8384+
8385+HB4959 Enrolled- 236 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 236 - LRB103 36303 SPS 66401 b
8386+ HB4959 Enrolled - 236 - LRB103 36303 SPS 66401 b
8387+1 transfers from the General Revenue Fund authorized by
8388+2 Public Act 102-700.
8389+3 (5) This Act shall constitute an irrevocable and
8390+4 continuing appropriation from the Income Tax Refund Fund
8391+5 for the purposes of (i) paying refunds upon the order of
8392+6 the Director in accordance with the provisions of this
8393+7 Section and (ii) paying one-time rebate payments under
8394+8 Sections 208.5 and 212.1.
8395+9 (e) Deposits into the Education Assistance Fund and the
8396+10 Income Tax Surcharge Local Government Distributive Fund. On
8397+11 July 1, 1991, and thereafter, of the amounts collected
8398+12 pursuant to subsections (a) and (b) of Section 201 of this Act,
8399+13 minus deposits into the Income Tax Refund Fund, the Department
8400+14 shall deposit 7.3% into the Education Assistance Fund in the
8401+15 State Treasury. Beginning July 1, 1991, and continuing through
8402+16 January 31, 1993, of the amounts collected pursuant to
8403+17 subsections (a) and (b) of Section 201 of the Illinois Income
8404+18 Tax Act, minus deposits into the Income Tax Refund Fund, the
8405+19 Department shall deposit 3.0% into the Income Tax Surcharge
8406+20 Local Government Distributive Fund in the State Treasury.
8407+21 Beginning February 1, 1993 and continuing through June 30,
8408+22 1993, of the amounts collected pursuant to subsections (a) and
8409+23 (b) of Section 201 of the Illinois Income Tax Act, minus
8410+24 deposits into the Income Tax Refund Fund, the Department shall
8411+25 deposit 4.4% into the Income Tax Surcharge Local Government
8412+26 Distributive Fund in the State Treasury. Beginning July 1,
8413+
8414+
8415+
8416+
8417+
8418+ HB4959 Enrolled - 236 - LRB103 36303 SPS 66401 b
8419+
8420+
8421+HB4959 Enrolled- 237 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 237 - LRB103 36303 SPS 66401 b
8422+ HB4959 Enrolled - 237 - LRB103 36303 SPS 66401 b
8423+1 1993, and continuing through June 30, 1994, of the amounts
8424+2 collected under subsections (a) and (b) of Section 201 of this
8425+3 Act, minus deposits into the Income Tax Refund Fund, the
8426+4 Department shall deposit 1.475% into the Income Tax Surcharge
8427+5 Local Government Distributive Fund in the State Treasury.
8428+6 (f) Deposits into the Fund for the Advancement of
8429+7 Education. Beginning February 1, 2015, the Department shall
8430+8 deposit the following portions of the revenue realized from
8431+9 the tax imposed upon individuals, trusts, and estates by
8432+10 subsections (a) and (b) of Section 201 of this Act, minus
8433+11 deposits into the Income Tax Refund Fund, into the Fund for the
8434+12 Advancement of Education:
8435+13 (1) beginning February 1, 2015, and prior to February
8436+14 1, 2025, 1/30; and
8437+15 (2) beginning February 1, 2025, 1/26.
8438+16 If the rate of tax imposed by subsection (a) and (b) of
8439+17 Section 201 is reduced pursuant to Section 201.5 of this Act,
8440+18 the Department shall not make the deposits required by this
8441+19 subsection (f) on or after the effective date of the
8442+20 reduction.
8443+21 (g) Deposits into the Commitment to Human Services Fund.
8444+22 Beginning February 1, 2015, the Department shall deposit the
8445+23 following portions of the revenue realized from the tax
8446+24 imposed upon individuals, trusts, and estates by subsections
8447+25 (a) and (b) of Section 201 of this Act, minus deposits into the
8448+26 Income Tax Refund Fund, into the Commitment to Human Services
8449+
8450+
8451+
8452+
8453+
8454+ HB4959 Enrolled - 237 - LRB103 36303 SPS 66401 b
8455+
8456+
8457+HB4959 Enrolled- 238 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 238 - LRB103 36303 SPS 66401 b
8458+ HB4959 Enrolled - 238 - LRB103 36303 SPS 66401 b
8459+1 Fund:
8460+2 (1) beginning February 1, 2015, and prior to February
8461+3 1, 2025, 1/30; and
8462+4 (2) beginning February 1, 2025, 1/26.
8463+5 If the rate of tax imposed by subsection (a) and (b) of
8464+6 Section 201 is reduced pursuant to Section 201.5 of this Act,
8465+7 the Department shall not make the deposits required by this
8466+8 subsection (g) on or after the effective date of the
8467+9 reduction.
8468+10 (h) Deposits into the Tax Compliance and Administration
8469+11 Fund. Beginning on the first day of the first calendar month to
8470+12 occur on or after August 26, 2014 (the effective date of Public
8471+13 Act 98-1098), each month the Department shall pay into the Tax
8472+14 Compliance and Administration Fund, to be used, subject to
8473+15 appropriation, to fund additional auditors and compliance
8474+16 personnel at the Department, an amount equal to 1/12 of 5% of
8475+17 the cash receipts collected during the preceding fiscal year
8476+18 by the Audit Bureau of the Department from the tax imposed by
8477+19 subsections (a), (b), (c), and (d) of Section 201 of this Act,
8478+20 net of deposits into the Income Tax Refund Fund made from those
8479+21 cash receipts.
8480+22 (Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21;
8481+23 102-658, eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff.
8482+24 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. 6-7-23; 103-154,
8483+25 eff. 6-30-23.)
8484+
8485+
8486+
8487+
8488+
8489+ HB4959 Enrolled - 238 - LRB103 36303 SPS 66401 b
8490+
8491+
8492+HB4959 Enrolled- 239 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 239 - LRB103 36303 SPS 66401 b
8493+ HB4959 Enrolled - 239 - LRB103 36303 SPS 66401 b
8494+1 Section 5-60. The Regional Transportation Authority Act is
8495+2 amended by changing Section 4.09 as follows:
8496+3 (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)
8497+4 Sec. 4.09. Public Transportation Fund and the Regional
8498+5 Transportation Authority Occupation and Use Tax Replacement
8499+6 Fund.
8500+7 (a)(1) Except as otherwise provided in paragraph (4), as
8501+8 soon as possible after the first day of each month, beginning
8502+9 July 1, 1984, upon certification of the Department of Revenue,
8503+10 the Comptroller shall order transferred and the Treasurer
8504+11 shall transfer from the General Revenue Fund to a special fund
8505+12 in the State Treasury to be known as the Public Transportation
8506+13 Fund an amount equal to 25% of the net revenue, before the
8507+14 deduction of the serviceman and retailer discounts pursuant to
8508+15 Section 9 of the Service Occupation Tax Act and Section 3 of
8509+16 the Retailers' Occupation Tax Act, realized from any tax
8510+17 imposed by the Authority pursuant to Sections 4.03 and 4.03.1
8511+18 and 25% of the amounts deposited into the Regional
8512+19 Transportation Authority tax fund created by Section 4.03 of
8513+20 this Act, from the County and Mass Transit District Fund as
8514+21 provided in Section 6z-20 of the State Finance Act and 25% of
8515+22 the amounts deposited into the Regional Transportation
8516+23 Authority Occupation and Use Tax Replacement Fund from the
8517+24 State and Local Sales Tax Reform Fund as provided in Section
8518+25 6z-17 of the State Finance Act. On the first day of the month
8519+
8520+
8521+
8522+
8523+
8524+ HB4959 Enrolled - 239 - LRB103 36303 SPS 66401 b
8525+
8526+
8527+HB4959 Enrolled- 240 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 240 - LRB103 36303 SPS 66401 b
8528+ HB4959 Enrolled - 240 - LRB103 36303 SPS 66401 b
8529+1 following the date that the Department receives revenues from
8530+2 increased taxes under Section 4.03(m) as authorized by Public
8531+3 Act 95-708, in lieu of the transfers authorized in the
8532+4 preceding sentence, upon certification of the Department of
8533+5 Revenue, the Comptroller shall order transferred and the
8534+6 Treasurer shall transfer from the General Revenue Fund to the
8535+7 Public Transportation Fund an amount equal to 25% of the net
8536+8 revenue, before the deduction of the serviceman and retailer
8537+9 discounts pursuant to Section 9 of the Service Occupation Tax
8538+10 Act and Section 3 of the Retailers' Occupation Tax Act,
8539+11 realized from (i) 80% of the proceeds of any tax imposed by the
8540+12 Authority at a rate of 1.25% in Cook County, (ii) 75% of the
8541+13 proceeds of any tax imposed by the Authority at the rate of 1%
8542+14 in Cook County, and (iii) one-third of the proceeds of any tax
8543+15 imposed by the Authority at the rate of 0.75% in the Counties
8544+16 of DuPage, Kane, Lake, McHenry, and Will, all pursuant to
8545+17 Section 4.03, and 25% of the net revenue realized from any tax
8546+18 imposed by the Authority pursuant to Section 4.03.1, and 25%
8547+19 of the amounts deposited into the Regional Transportation
8548+20 Authority tax fund created by Section 4.03 of this Act from the
8549+21 County and Mass Transit District Fund as provided in Section
8550+22 6z-20 of the State Finance Act, and 25% of the amounts
8551+23 deposited into the Regional Transportation Authority
8552+24 Occupation and Use Tax Replacement Fund from the State and
8553+25 Local Sales Tax Reform Fund as provided in Section 6z-17 of the
8554+26 State Finance Act. As used in this Section, net revenue
8555+
8556+
8557+
8558+
8559+
8560+ HB4959 Enrolled - 240 - LRB103 36303 SPS 66401 b
8561+
8562+
8563+HB4959 Enrolled- 241 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 241 - LRB103 36303 SPS 66401 b
8564+ HB4959 Enrolled - 241 - LRB103 36303 SPS 66401 b
8565+1 realized for a month shall be the revenue collected by the
8566+2 State pursuant to Sections 4.03 and 4.03.1 during the previous
8567+3 month from within the metropolitan region, less the amount
8568+4 paid out during that same month as refunds to taxpayers for
8569+5 overpayment of liability in the metropolitan region under
8570+6 Sections 4.03 and 4.03.1.
8571+7 Notwithstanding any provision of law to the contrary,
8572+8 beginning on July 6, 2017 (the effective date of Public Act
8573+9 100-23), those amounts required under this paragraph (1) of
8574+10 subsection (a) to be transferred by the Treasurer into the
8575+11 Public Transportation Fund from the General Revenue Fund shall
8576+12 be directly deposited into the Public Transportation Fund as
8577+13 the revenues are realized from the taxes indicated.
8578+14 (2) Except as otherwise provided in paragraph (4), on
8579+15 February 1, 2009 (the first day of the month following the
8580+16 effective date of Public Act 95-708) and each month
8581+17 thereafter, upon certification by the Department of Revenue,
8582+18 the Comptroller shall order transferred and the Treasurer
8583+19 shall transfer from the General Revenue Fund to the Public
8584+20 Transportation Fund an amount equal to 5% of the net revenue,
8585+21 before the deduction of the serviceman and retailer discounts
8586+22 pursuant to Section 9 of the Service Occupation Tax Act and
8587+23 Section 3 of the Retailers' Occupation Tax Act, realized from
8588+24 any tax imposed by the Authority pursuant to Sections 4.03 and
8589+25 4.03.1 and certified by the Department of Revenue under
8590+26 Section 4.03(n) of this Act to be paid to the Authority and 5%
8591+
8592+
8593+
8594+
8595+
8596+ HB4959 Enrolled - 241 - LRB103 36303 SPS 66401 b
8597+
8598+
8599+HB4959 Enrolled- 242 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 242 - LRB103 36303 SPS 66401 b
8600+ HB4959 Enrolled - 242 - LRB103 36303 SPS 66401 b
8601+1 of the amounts deposited into the Regional Transportation
8602+2 Authority tax fund created by Section 4.03 of this Act from the
8603+3 County and Mass Transit District Fund as provided in Section
8604+4 6z-20 of the State Finance Act, and 5% of the amounts deposited
8605+5 into the Regional Transportation Authority Occupation and Use
8606+6 Tax Replacement Fund from the State and Local Sales Tax Reform
8607+7 Fund as provided in Section 6z-17 of the State Finance Act, and
8608+8 5% of the revenue realized by the Chicago Transit Authority as
8609+9 financial assistance from the City of Chicago from the
8610+10 proceeds of any tax imposed by the City of Chicago under
8611+11 Section 8-3-19 of the Illinois Municipal Code.
8612+12 Notwithstanding any provision of law to the contrary,
8613+13 beginning on July 6, 2017 (the effective date of Public Act
8614+14 100-23), those amounts required under this paragraph (2) of
8615+15 subsection (a) to be transferred by the Treasurer into the
8616+16 Public Transportation Fund from the General Revenue Fund shall
8617+17 be directly deposited into the Public Transportation Fund as
8618+18 the revenues are realized from the taxes indicated.
8619+19 (3) Except as otherwise provided in paragraph (4), as soon
8620+20 as possible after the first day of January, 2009 and each month
8621+21 thereafter, upon certification of the Department of Revenue
8622+22 with respect to the taxes collected under Section 4.03, the
8623+23 Comptroller shall order transferred and the Treasurer shall
8624+24 transfer from the General Revenue Fund to the Public
8625+25 Transportation Fund an amount equal to 25% of the net revenue,
8626+26 before the deduction of the serviceman and retailer discounts
8627+
8628+
8629+
8630+
8631+
8632+ HB4959 Enrolled - 242 - LRB103 36303 SPS 66401 b
8633+
8634+
8635+HB4959 Enrolled- 243 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 243 - LRB103 36303 SPS 66401 b
8636+ HB4959 Enrolled - 243 - LRB103 36303 SPS 66401 b
8637+1 pursuant to Section 9 of the Service Occupation Tax Act and
8638+2 Section 3 of the Retailers' Occupation Tax Act, realized from
8639+3 (i) 20% of the proceeds of any tax imposed by the Authority at
8640+4 a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any
8641+5 tax imposed by the Authority at the rate of 1% in Cook County,
8642+6 and (iii) one-third of the proceeds of any tax imposed by the
8643+7 Authority at the rate of 0.75% in the Counties of DuPage, Kane,
8644+8 Lake, McHenry, and Will, all pursuant to Section 4.03, and the
8645+9 Comptroller shall order transferred and the Treasurer shall
8646+10 transfer from the General Revenue Fund to the Public
8647+11 Transportation Fund (iv) an amount equal to 25% of the revenue
8648+12 realized by the Chicago Transit Authority as financial
8649+13 assistance from the City of Chicago from the proceeds of any
8650+14 tax imposed by the City of Chicago under Section 8-3-19 of the
8651+15 Illinois Municipal Code.
8652+16 Notwithstanding any provision of law to the contrary,
8653+17 beginning on July 6, 2017 (the effective date of Public Act
8654+18 100-23), those amounts required under this paragraph (3) of
8655+19 subsection (a) to be transferred by the Treasurer into the
8656+20 Public Transportation Fund from the General Revenue Fund shall
8657+21 be directly deposited into the Public Transportation Fund as
8658+22 the revenues are realized from the taxes indicated.
8659+23 (4) Notwithstanding any provision of law to the contrary,
8660+24 for the State fiscal year beginning July 1, 2024 and each State
8661+25 fiscal year thereafter of the transfers to be made under
8662+26 paragraphs (1), (2), and (3) of this subsection (a) from the
8663+
8664+
8665+
8666+
8667+
8668+ HB4959 Enrolled - 243 - LRB103 36303 SPS 66401 b
8669+
8670+
8671+HB4959 Enrolled- 244 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 244 - LRB103 36303 SPS 66401 b
8672+ HB4959 Enrolled - 244 - LRB103 36303 SPS 66401 b
8673+1 General Revenue Fund to the Public Transportation Fund, the
8674+2 first $150,000,000 that would have otherwise been transferred
8675+3 from the General Revenue Fund and deposited into the Public
8676+4 Transportation Fund as provided in paragraphs (1), (2), and
8677+5 (3) of this subsection (a) shall instead be transferred from
8678+6 the Road Fund by the Treasurer upon certification by the
8679+7 Department of Revenue and order of the Comptroller. For the
8680+8 State fiscal year beginning July 1, 2024, only, the next
8681+9 $75,000,000 that would have otherwise been transferred from
8682+10 the General Revenue Fund and deposited into the Public
8683+11 Transportation Fund as provided in paragraphs (1), (2), and
8684+12 (3) of this subsection (a) shall instead be transferred from
8685+13 the Road Fund and deposited into the Public Transportation
8686+14 Fund by the Treasurer upon certification by the Department of
8687+15 Revenue and order of the Comptroller. The funds authorized and
8688+16 transferred pursuant to this amendatory Act of the 103rd
8689+17 General Assembly are not intended or planned for road
8690+18 construction projects. For the State fiscal year beginning
8691+19 July 1, 2024, only, the next $50,000,000 that would have
8692+20 otherwise been transferred from the General Revenue Fund and
8693+21 deposited into the Public Transportation Fund as provided in
8694+22 paragraphs (1), (2), and (3) of this subsection (a) shall
8695+23 instead be transferred from the Underground Storage Tank Fund
8696+24 and deposited into the Public Transportation Fund by the
8697+25 Treasurer upon certification by the Department of Revenue and
8698+26 order of the Comptroller. The remaining balance of such
8699+
8700+
8701+
8702+
8703+
8704+ HB4959 Enrolled - 244 - LRB103 36303 SPS 66401 b
8705+
8706+
8707+HB4959 Enrolled- 245 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 245 - LRB103 36303 SPS 66401 b
8708+ HB4959 Enrolled - 245 - LRB103 36303 SPS 66401 b
8709+1 transfers shall be deposited each State fiscal year as
8710+2 otherwise provided in paragraphs (1), (2), and (3) of this
8711+3 subsection (a) made from the General Revenue Fund.
8712+4 (5) (Blank).
8713+5 (6) (Blank).
8714+6 (7) For State fiscal year 2020 only, notwithstanding any
8715+7 provision of law to the contrary, the total amount of revenue
8716+8 and deposits under this Section attributable to revenues
8717+9 realized during State fiscal year 2020 shall be reduced by 5%.
8718+10 (8) For State fiscal year 2021 only, notwithstanding any
8719+11 provision of law to the contrary, the total amount of revenue
8720+12 and deposits under this Section attributable to revenues
8721+13 realized during State fiscal year 2021 shall be reduced by 5%.
8722+14 (b)(1) All moneys deposited in the Public Transportation
8723+15 Fund and the Regional Transportation Authority Occupation and
8724+16 Use Tax Replacement Fund, whether deposited pursuant to this
8725+17 Section or otherwise, are allocated to the Authority, except
8726+18 for amounts appropriated to the Office of the Executive
8727+19 Inspector General as authorized by subsection (h) of Section
8728+20 4.03.3 and amounts transferred to the Audit Expense Fund
8729+21 pursuant to Section 6z-27 of the State Finance Act. The
8730+22 Comptroller, as soon as possible after each monthly transfer
8731+23 provided in this Section and after each deposit into the
8732+24 Public Transportation Fund, shall order the Treasurer to pay
8733+25 to the Authority out of the Public Transportation Fund the
8734+26 amount so transferred or deposited. Any Additional State
8735+
8736+
8737+
8738+
8739+
8740+ HB4959 Enrolled - 245 - LRB103 36303 SPS 66401 b
8741+
8742+
8743+HB4959 Enrolled- 246 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 246 - LRB103 36303 SPS 66401 b
8744+ HB4959 Enrolled - 246 - LRB103 36303 SPS 66401 b
8745+1 Assistance and Additional Financial Assistance paid to the
8746+2 Authority under this Section shall be expended by the
8747+3 Authority for its purposes as provided in this Act. The
8748+4 balance of the amounts paid to the Authority from the Public
8749+5 Transportation Fund shall be expended by the Authority as
8750+6 provided in Section 4.03.3. The Comptroller, as soon as
8751+7 possible after each deposit into the Regional Transportation
8752+8 Authority Occupation and Use Tax Replacement Fund provided in
8753+9 this Section and Section 6z-17 of the State Finance Act, shall
8754+10 order the Treasurer to pay to the Authority out of the Regional
8755+11 Transportation Authority Occupation and Use Tax Replacement
8756+12 Fund the amount so deposited. Such amounts paid to the
8757+13 Authority may be expended by it for its purposes as provided in
8758+14 this Act. The provisions directing the distributions from the
8759+15 Public Transportation Fund and the Regional Transportation
8760+16 Authority Occupation and Use Tax Replacement Fund provided for
8761+17 in this Section shall constitute an irrevocable and continuing
8762+18 appropriation of all amounts as provided herein. The State
8763+19 Treasurer and State Comptroller are hereby authorized and
8764+20 directed to make distributions as provided in this Section.
8765+21 (2) Provided, however, no moneys deposited under subsection
8766+22 (a) of this Section shall be paid from the Public
8767+23 Transportation Fund to the Authority or its assignee for any
8768+24 fiscal year until the Authority has certified to the Governor,
8769+25 the Comptroller, and the Mayor of the City of Chicago that it
8770+26 has adopted for that fiscal year an Annual Budget and Two-Year
8771+
8772+
8773+
8774+
8775+
8776+ HB4959 Enrolled - 246 - LRB103 36303 SPS 66401 b
8777+
8778+
8779+HB4959 Enrolled- 247 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 247 - LRB103 36303 SPS 66401 b
8780+ HB4959 Enrolled - 247 - LRB103 36303 SPS 66401 b
8781+1 Financial Plan meeting the requirements in Section 4.01(b).
8782+2 (c) In recognition of the efforts of the Authority to
8783+3 enhance the mass transportation facilities under its control,
8784+4 the State shall provide financial assistance ("Additional
8785+5 State Assistance") in excess of the amounts transferred to the
8786+6 Authority from the General Revenue Fund under subsection (a)
8787+7 of this Section. Additional State Assistance shall be
8788+8 calculated as provided in subsection (d), but shall in no
8789+9 event exceed the following specified amounts with respect to
8790+10 the following State fiscal years:
8791+11 1990$5,000,000;12 1991$5,000,000;13 1992$10,000,000;14 1993$10,000,000;15 1994$20,000,000;16 1995$30,000,000;17 1996$40,000,000;18 1997$50,000,000;19 1998$55,000,000; and20 each year thereafter$55,000,000. 11 1990 $5,000,000; 12 1991 $5,000,000; 13 1992 $10,000,000; 14 1993 $10,000,000; 15 1994 $20,000,000; 16 1995 $30,000,000; 17 1996 $40,000,000; 18 1997 $50,000,000; 19 1998 $55,000,000; and 20 each year thereafter $55,000,000.
8792+11 1990 $5,000,000;
8793+12 1991 $5,000,000;
8794+13 1992 $10,000,000;
8795+14 1993 $10,000,000;
8796+15 1994 $20,000,000;
8797+16 1995 $30,000,000;
8798+17 1996 $40,000,000;
8799+18 1997 $50,000,000;
8800+19 1998 $55,000,000; and
8801+20 each year thereafter $55,000,000.
8802+21 (c-5) The State shall provide financial assistance
8803+22 ("Additional Financial Assistance") in addition to the
8804+23 Additional State Assistance provided by subsection (c) and the
8805+24 amounts transferred to the Authority from the General Revenue
8806+25 Fund under subsection (a) of this Section. Additional
8807+26 Financial Assistance provided by this subsection shall be
8808+
8809+
8810+
8811+
8812+
8813+ HB4959 Enrolled - 247 - LRB103 36303 SPS 66401 b
8814+
8815+
8816+11 1990 $5,000,000;
8817+12 1991 $5,000,000;
8818+13 1992 $10,000,000;
8819+14 1993 $10,000,000;
8820+15 1994 $20,000,000;
8821+16 1995 $30,000,000;
8822+17 1996 $40,000,000;
8823+18 1997 $50,000,000;
8824+19 1998 $55,000,000; and
8825+20 each year thereafter $55,000,000.
8826+
8827+
8828+HB4959 Enrolled- 248 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 248 - LRB103 36303 SPS 66401 b
8829+ HB4959 Enrolled - 248 - LRB103 36303 SPS 66401 b
8830+1 calculated as provided in subsection (d), but shall in no
8831+2 event exceed the following specified amounts with respect to
8832+3 the following State fiscal years:
8833+4 2000$0;5 2001$16,000,000;6 2002$35,000,000;7 2003$54,000,000;8 2004$73,000,000;9 2005$93,000,000; and10 each year thereafter$100,000,000. 4 2000 $0; 5 2001 $16,000,000; 6 2002 $35,000,000; 7 2003 $54,000,000; 8 2004 $73,000,000; 9 2005 $93,000,000; and 10 each year thereafter $100,000,000.
8834+4 2000 $0;
8835+5 2001 $16,000,000;
8836+6 2002 $35,000,000;
8837+7 2003 $54,000,000;
8838+8 2004 $73,000,000;
8839+9 2005 $93,000,000; and
8840+10 each year thereafter $100,000,000.
8841+11 (d) Beginning with State fiscal year 1990 and continuing
8842+12 for each State fiscal year thereafter, the Authority shall
8843+13 annually certify to the State Comptroller and State Treasurer,
8844+14 separately with respect to each of subdivisions (g)(2) and
8845+15 (g)(3) of Section 4.04 of this Act, the following amounts:
8846+16 (1) The amount necessary and required, during the
8847+17 State fiscal year with respect to which the certification
8848+18 is made, to pay its obligations for debt service on all
8849+19 outstanding bonds or notes issued by the Authority under
8850+20 subdivisions (g)(2) and (g)(3) of Section 4.04 of this
8851+21 Act.
8852+22 (2) An estimate of the amount necessary and required
8853+23 to pay its obligations for debt service for any bonds or
8854+24 notes which the Authority anticipates it will issue under
8855+25 subdivisions (g)(2) and (g)(3) of Section 4.04 during that
8856+26 State fiscal year.
8857+
8858+
8859+
8860+
8861+
8862+ HB4959 Enrolled - 248 - LRB103 36303 SPS 66401 b
8863+
8864+
8865+4 2000 $0;
8866+5 2001 $16,000,000;
8867+6 2002 $35,000,000;
8868+7 2003 $54,000,000;
8869+8 2004 $73,000,000;
8870+9 2005 $93,000,000; and
8871+10 each year thereafter $100,000,000.
8872+
8873+
8874+HB4959 Enrolled- 249 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 249 - LRB103 36303 SPS 66401 b
8875+ HB4959 Enrolled - 249 - LRB103 36303 SPS 66401 b
8876+1 (3) Its debt service savings during the preceding
8877+2 State fiscal year from refunding or advance refunding of
8878+3 bonds or notes issued under subdivisions (g)(2) and (g)(3)
8879+4 of Section 4.04.
8880+5 (4) The amount of interest, if any, earned by the
8881+6 Authority during the previous State fiscal year on the
8882+7 proceeds of bonds or notes issued pursuant to subdivisions
8883+8 (g)(2) and (g)(3) of Section 4.04, other than refunding or
8884+9 advance refunding bonds or notes.
8885+10 The certification shall include a specific schedule of
8886+11 debt service payments, including the date and amount of each
8887+12 payment for all outstanding bonds or notes and an estimated
8888+13 schedule of anticipated debt service for all bonds and notes
8889+14 it intends to issue, if any, during that State fiscal year,
8890+15 including the estimated date and estimated amount of each
8891+16 payment.
8892+17 Immediately upon the issuance of bonds for which an
8893+18 estimated schedule of debt service payments was prepared, the
8894+19 Authority shall file an amended certification with respect to
8895+20 item (2) above, to specify the actual schedule of debt service
8896+21 payments, including the date and amount of each payment, for
8897+22 the remainder of the State fiscal year.
8898+23 On the first day of each month of the State fiscal year in
8899+24 which there are bonds outstanding with respect to which the
8900+25 certification is made, the State Comptroller shall order
8901+26 transferred and the State Treasurer shall transfer from the
8902+
8903+
8904+
8905+
8906+
8907+ HB4959 Enrolled - 249 - LRB103 36303 SPS 66401 b
8908+
8909+
8910+HB4959 Enrolled- 250 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 250 - LRB103 36303 SPS 66401 b
8911+ HB4959 Enrolled - 250 - LRB103 36303 SPS 66401 b
8912+1 Road Fund to the Public Transportation Fund the Additional
8913+2 State Assistance and Additional Financial Assistance in an
8914+3 amount equal to the aggregate of (i) one-twelfth of the sum of
8915+4 the amounts certified under items (1) and (3) above less the
8916+5 amount certified under item (4) above, plus (ii) the amount
8917+6 required to pay debt service on bonds and notes issued during
8918+7 the fiscal year, if any, divided by the number of months
8919+8 remaining in the fiscal year after the date of issuance, or
8920+9 some smaller portion as may be necessary under subsection (c)
8921+10 or (c-5) of this Section for the relevant State fiscal year,
8922+11 plus (iii) any cumulative deficiencies in transfers for prior
8923+12 months, until an amount equal to the sum of the amounts
8924+13 certified under items (1) and (3) above, plus the actual debt
8925+14 service certified under item (2) above, less the amount
8926+15 certified under item (4) above, has been transferred; except
8927+16 that these transfers are subject to the following limits:
8928+17 (A) In no event shall the total transfers in any State
8929+18 fiscal year relating to outstanding bonds and notes issued
8930+19 by the Authority under subdivision (g)(2) of Section 4.04
8931+20 exceed the lesser of the annual maximum amount specified
8932+21 in subsection (c) or the sum of the amounts certified
8933+22 under items (1) and (3) above, plus the actual debt
8934+23 service certified under item (2) above, less the amount
8935+24 certified under item (4) above, with respect to those
8936+25 bonds and notes.
8937+26 (B) In no event shall the total transfers in any State
8938+
8939+
8940+
8941+
8942+
8943+ HB4959 Enrolled - 250 - LRB103 36303 SPS 66401 b
8944+
8945+
8946+HB4959 Enrolled- 251 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 251 - LRB103 36303 SPS 66401 b
8947+ HB4959 Enrolled - 251 - LRB103 36303 SPS 66401 b
8948+1 fiscal year relating to outstanding bonds and notes issued
8949+2 by the Authority under subdivision (g)(3) of Section 4.04
8950+3 exceed the lesser of the annual maximum amount specified
8951+4 in subsection (c-5) or the sum of the amounts certified
8952+5 under items (1) and (3) above, plus the actual debt
8953+6 service certified under item (2) above, less the amount
8954+7 certified under item (4) above, with respect to those
8955+8 bonds and notes.
8956+9 The term "outstanding" does not include bonds or notes for
8957+10 which refunding or advance refunding bonds or notes have been
8958+11 issued.
8959+12 (e) Neither Additional State Assistance nor Additional
8960+13 Financial Assistance may be pledged, either directly or
8961+14 indirectly as general revenues of the Authority, as security
8962+15 for any bonds issued by the Authority. The Authority may not
8963+16 assign its right to receive Additional State Assistance or
8964+17 Additional Financial Assistance, or direct payment of
8965+18 Additional State Assistance or Additional Financial
8966+19 Assistance, to a trustee or any other entity for the payment of
8967+20 debt service on its bonds.
8968+21 (f) The certification required under subsection (d) with
8969+22 respect to outstanding bonds and notes of the Authority shall
8970+23 be filed as early as practicable before the beginning of the
8971+24 State fiscal year to which it relates. The certification shall
8972+25 be revised as may be necessary to accurately state the debt
8973+26 service requirements of the Authority.
8974+
8975+
8976+
8977+
8978+
8979+ HB4959 Enrolled - 251 - LRB103 36303 SPS 66401 b
8980+
8981+
8982+HB4959 Enrolled- 252 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 252 - LRB103 36303 SPS 66401 b
8983+ HB4959 Enrolled - 252 - LRB103 36303 SPS 66401 b
8984+1 (g) Within 6 months of the end of each fiscal year, the
8985+2 Authority shall determine:
8986+3 (i) whether the aggregate of all system generated
8987+4 revenues for public transportation in the metropolitan
8988+5 region which is provided by, or under grant or purchase of
8989+6 service contracts with, the Service Boards equals 50% of
8990+7 the aggregate of all costs of providing such public
8991+8 transportation. "System generated revenues" include all
8992+9 the proceeds of fares and charges for services provided,
8993+10 contributions received in connection with public
8994+11 transportation from units of local government other than
8995+12 the Authority, except for contributions received by the
8996+13 Chicago Transit Authority from a real estate transfer tax
8997+14 imposed under subsection (i) of Section 8-3-19 of the
8998+15 Illinois Municipal Code, and from the State pursuant to
8999+16 subsection (i) of Section 2705-305 of the Department of
9000+17 Transportation Law, and all other revenues properly
9001+18 included consistent with generally accepted accounting
9002+19 principles but may not include: the proceeds from any
9003+20 borrowing, and, beginning with the 2007 fiscal year, all
9004+21 revenues and receipts, including but not limited to fares
9005+22 and grants received from the federal, State or any unit of
9006+23 local government or other entity, derived from providing
9007+24 ADA paratransit service pursuant to Section 2.30 of the
9008+25 Regional Transportation Authority Act. "Costs" include all
9009+26 items properly included as operating costs consistent with
9010+
9011+
9012+
9013+
9014+
9015+ HB4959 Enrolled - 252 - LRB103 36303 SPS 66401 b
9016+
9017+
9018+HB4959 Enrolled- 253 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 253 - LRB103 36303 SPS 66401 b
9019+ HB4959 Enrolled - 253 - LRB103 36303 SPS 66401 b
9020+1 generally accepted accounting principles, including
9021+2 administrative costs, but do not include: depreciation;
9022+3 payment of principal and interest on bonds, notes or other
9023+4 evidences of obligations for borrowed money of the
9024+5 Authority; payments with respect to public transportation
9025+6 facilities made pursuant to subsection (b) of Section
9026+7 2.20; any payments with respect to rate protection
9027+8 contracts, credit enhancements or liquidity agreements
9028+9 made under Section 4.14; any other cost as to which it is
9029+10 reasonably expected that a cash expenditure will not be
9030+11 made; costs for passenger security including grants,
9031+12 contracts, personnel, equipment and administrative
9032+13 expenses, except in the case of the Chicago Transit
9033+14 Authority, in which case the term does not include costs
9034+15 spent annually by that entity for protection against crime
9035+16 as required by Section 27a of the Metropolitan Transit
9036+17 Authority Act; the costs of Debt Service paid by the
9037+18 Chicago Transit Authority, as defined in Section 12c of
9038+19 the Metropolitan Transit Authority Act, or bonds or notes
9039+20 issued pursuant to that Section; the payment by the
9040+21 Commuter Rail Division of debt service on bonds issued
9041+22 pursuant to Section 3B.09; expenses incurred by the
9042+23 Suburban Bus Division for the cost of new public
9043+24 transportation services funded from grants pursuant to
9044+25 Section 2.01e of this Act for a period of 2 years from the
9045+26 date of initiation of each such service; costs as exempted
9046+
9047+
9048+
9049+
9050+
9051+ HB4959 Enrolled - 253 - LRB103 36303 SPS 66401 b
9052+
9053+
9054+HB4959 Enrolled- 254 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 254 - LRB103 36303 SPS 66401 b
9055+ HB4959 Enrolled - 254 - LRB103 36303 SPS 66401 b
9056+1 by the Board for projects pursuant to Section 2.09 of this
9057+2 Act; or, beginning with the 2007 fiscal year, expenses
9058+3 related to providing ADA paratransit service pursuant to
9059+4 Section 2.30 of the Regional Transportation Authority Act;
9060+5 or in fiscal years 2008 through 2012 inclusive, costs in
9061+6 the amount of $200,000,000 in fiscal year 2008, reducing
9062+7 by $40,000,000 in each fiscal year thereafter until this
9063+8 exemption is eliminated. If said system generated revenues
9064+9 are less than 50% of said costs, the Board shall remit an
9065+10 amount equal to the amount of the deficit to the State;
9066+11 however, due to the fiscal impacts from the COVID-19
9067+12 pandemic, for fiscal years 2021, 2022, 2023, 2024, and
9068+13 2025, no such payment shall be required. The Treasurer
9069+14 shall deposit any such payment in the Road Fund; and
9070+15 (ii) whether, beginning with the 2007 fiscal year, the
9071+16 aggregate of all fares charged and received for ADA
9072+17 paratransit services equals the system generated ADA
9073+18 paratransit services revenue recovery ratio percentage of
9074+19 the aggregate of all costs of providing such ADA
9075+20 paratransit services.
9076+21 (h) If the Authority makes any payment to the State under
9077+22 paragraph (g), the Authority shall reduce the amount provided
9078+23 to a Service Board from funds transferred under paragraph (a)
9079+24 in proportion to the amount by which that Service Board failed
9080+25 to meet its required system generated revenues recovery ratio.
9081+26 A Service Board which is affected by a reduction in funds under
9082+
9083+
9084+
9085+
9086+
9087+ HB4959 Enrolled - 254 - LRB103 36303 SPS 66401 b
9088+
9089+
9090+HB4959 Enrolled- 255 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 255 - LRB103 36303 SPS 66401 b
9091+ HB4959 Enrolled - 255 - LRB103 36303 SPS 66401 b
9092+1 this paragraph shall submit to the Authority concurrently with
9093+2 its next due quarterly report a revised budget incorporating
9094+3 the reduction in funds. The revised budget must meet the
9095+4 criteria specified in clauses (i) through (vi) of Section
9096+5 4.11(b)(2). The Board shall review and act on the revised
9097+6 budget as provided in Section 4.11(b)(3).
9098+7 (Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24.)
9099+8 Section 5-65. The Mental Health Early Action on Campus Act
9100+9 is amended by changing Section 55 as follows:
9101+10 (110 ILCS 58/55)
9102+11 Sec. 55. Funding. This Act is subject to appropriation.
9103+12 The Commission on Government Forecasting and Accountability,
9104+13 in conjunction with the Illinois Community College Board and
9105+14 the Board of Higher Education, must make recommendations to
9106+15 the General Assembly on the amounts necessary to implement
9107+16 this Act. The initial recommendation must be provided by the
9108+17 Commission no later than December 31, 2019. Any appropriation
9109+18 provided in advance of this initial recommendation may be used
9110+19 for planning purposes. No Section of this Act may be funded by
9111+20 student fees created on or after July 1, 2020. Public colleges
9112+21 or universities may seek federal funding or private grants, if
9113+22 available, to support the provisions of this Act. In order to
9114+23 raise mental health awareness on college campuses through
9115+24 training, peer support, and local partnerships, the Board of
9116+
9117+
9118+
9119+
9120+
9121+ HB4959 Enrolled - 255 - LRB103 36303 SPS 66401 b
9122+
9123+
9124+HB4959 Enrolled- 256 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 256 - LRB103 36303 SPS 66401 b
9125+ HB4959 Enrolled - 256 - LRB103 36303 SPS 66401 b
9126+1 Higher Education may, subject to appropriation, establish and
9127+2 administer a grant program to assist public universities in
9128+3 implementing this Act.
9129+4 (Source: P.A. 101-251, eff. 8-9-19.)
9130+5 Section 5-70. The Illinois Health Benefits Exchange Law is
9131+6 amended by changing Section 5-30 as follows:
9132+7 (215 ILCS 122/5-30)
9133+8 (Section scheduled to be repealed on January 1, 2025)
9134+9 Sec. 5-30. Transfers from Insurance Producer
9135+10 Administration Fund.
9136+11 (a) During fiscal year 2024 only, at the direction of and
9137+12 upon notification from the Director of Insurance, the State
9138+13 Comptroller shall direct and the State Treasurer shall
9139+14 transfer up to a total of $10,000,000 from the Insurance
9140+15 Producer Administration Fund to the Illinois Health Benefits
9141+16 Exchange Fund.
9142+17 (b) During fiscal year 2025 only, at the direction of and
9143+18 upon notification from the Director of Insurance, the State
9144+19 Comptroller shall direct and the State Treasurer shall
9145+20 transfer up to a total of $15,500,000 from the Insurance
9146+21 Producer Administration Fund to the Illinois Health Benefits
9147+22 Exchange Fund.
9148+23 (c) This Section is repealed on January 1, 2026 2025.
9149+24 (Source: P.A. 103-8, eff. 6-7-23.)
9150+
9151+
9152+
9153+
9154+
9155+ HB4959 Enrolled - 256 - LRB103 36303 SPS 66401 b
9156+
9157+
9158+HB4959 Enrolled- 257 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 257 - LRB103 36303 SPS 66401 b
9159+ HB4959 Enrolled - 257 - LRB103 36303 SPS 66401 b
9160+1 Section 5-72. The African-American HIV/AIDS Response Act
9161+2 is amended by changing Section 27 as follows:
9162+3 (410 ILCS 303/27)
9163+4 Sec. 27. African-American HIV/AIDS Response Fund.
9164+5 (a) The African-American HIV/AIDS Response Fund is created
9165+6 as a special fund in the State treasury. Moneys deposited into
9166+7 the Fund shall, subject to appropriation, be used for grants
9167+8 for programs to prevent the transmission of HIV and other
9168+9 programs and activities consistent with the purposes of this
9169+10 Act, including, but not limited to, preventing and treating
9170+11 HIV/AIDS, the creation of an HIV/AIDS service delivery system,
9171+12 and the administration of the Act. The grants under this
9172+13 Section may be administered by a lead agent selected by the
9173+14 Department of Public Health, considering the entity's ability
9174+15 to administer grants and familiarity with the grantees'
9175+16 programs, and that selection shall be exempt from the public
9176+17 notice of funding opportunity under the Grant Accountability
9177+18 and Transparency Act or any rule regarding the public notice
9178+19 of funding opportunity adopted under that Act. The lead agent
9179+20 must demonstrate the ability to administer the grant to
9180+21 subgrantees in compliance with the requirements of the Grant
9181+22 Accountability and Transparency Act. Moneys for the Fund shall
9182+23 come from appropriations by the General Assembly, federal
9183+24 funds, and other public resources.
9184+
9185+
9186+
9187+
9188+
9189+ HB4959 Enrolled - 257 - LRB103 36303 SPS 66401 b
9190+
9191+
9192+HB4959 Enrolled- 258 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 258 - LRB103 36303 SPS 66401 b
9193+ HB4959 Enrolled - 258 - LRB103 36303 SPS 66401 b
9194+1 (b) The Fund shall provide resources for communities in
9195+2 Illinois to create an HIV/AIDS service delivery system that
9196+3 reduces the disparity of HIV infection and AIDS cases between
9197+4 African-Americans and other population groups in Illinois that
9198+5 may be impacted by the disease by, including but, not limited
9199+6 to:
9200+7 (1) developing, implementing, and maintaining a
9201+8 comprehensive, culturally sensitive HIV Prevention Plan
9202+9 targeting communities that are identified as high-risk in
9203+10 terms of the impact of the disease on African-Americans;
9204+11 (2) developing, implementing, and maintaining a stable
9205+12 HIV/AIDS service delivery infrastructure in Illinois
9206+13 communities that will meet the needs of African-Americans;
9207+14 (3) developing, implementing, and maintaining a
9208+15 statewide HIV/AIDS testing program;
9209+16 (4) providing funding for HIV/AIDS social and
9210+17 scientific research to improve prevention and treatment;
9211+18 (5) providing comprehensive technical and other
9212+19 assistance to African-American community service
9213+20 organizations that are involved in HIV/AIDS prevention and
9214+21 treatment;
9215+22 (6) developing, implementing, and maintaining an
9216+23 infrastructure for African-American community service
9217+24 organizations to make them less dependent on government
9218+25 resources;
9219+26 (7) (blank); and
9220+
9221+
9222+
9223+
9224+
9225+ HB4959 Enrolled - 258 - LRB103 36303 SPS 66401 b
9226+
9227+
9228+HB4959 Enrolled- 259 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 259 - LRB103 36303 SPS 66401 b
9229+ HB4959 Enrolled - 259 - LRB103 36303 SPS 66401 b
9230+1 (8) creating, maintaining, or creating and maintaining
9231+2 at least one Black-led Center of Excellence HIV Biomedical
9232+3 Resource Hub for every $3,000,000 of available funding to
9233+4 improve Black health and eliminate Black HIV-related
9234+5 health disparities; a Center of Excellence may be
9235+6 developed on a stand-alone or a collaborative basis and
9236+7 may provide regional comprehensive HIV preventative care
9237+8 and essential support services, which may include, but are
9238+9 not limited to, PrEP assessment, same day prescription
9239+10 delivery, primary HIV medical care or referral, case
9240+11 management, outpatient mental health, outpatient substance
9241+12 abuse, treatment, medication adherence, nutritional
9242+13 supplemental support, housing, financial assistance,
9243+14 workforce development, criminal justice involvement, and
9244+15 advocacy services.
9245+16 (c) When providing grants pursuant to this Fund, the
9246+17 Department of Public Health shall give priority to the
9247+18 development of comprehensive medical and social services to
9248+19 African-Americans at risk of infection from or infected with
9249+20 HIV/AIDS in areas of the State determined to have the greatest
9250+21 geographic prevalence of HIV/AIDS in the African-American
9251+22 population.
9252+23 (d) (Blank).
9253+24 (Source: P.A. 102-1052, eff. 1-1-23.)
9254+25 Section 5-75. The Environmental Protection Act is amended
9255+
9256+
9257+
9258+
9259+
9260+ HB4959 Enrolled - 259 - LRB103 36303 SPS 66401 b
9261+
9262+
9263+HB4959 Enrolled- 260 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 260 - LRB103 36303 SPS 66401 b
9264+ HB4959 Enrolled - 260 - LRB103 36303 SPS 66401 b
9265+1 by changing Sections 22.15, 55.6, and 57.11 as follows:
9266+2 (415 ILCS 5/22.15)
9267+3 Sec. 22.15. Solid Waste Management Fund; fees.
9268+4 (a) There is hereby created within the State Treasury a
9269+5 special fund to be known as the Solid Waste Management Fund, to
9270+6 be constituted from the fees collected by the State pursuant
9271+7 to this Section, from repayments of loans made from the Fund
9272+8 for solid waste projects, from registration fees collected
9273+9 pursuant to the Consumer Electronics Recycling Act, from fees
9274+10 collected under the Paint Stewardship Act, and from amounts
9275+11 transferred into the Fund pursuant to Public Act 100-433.
9276+12 Moneys received by either the Agency or the Department of
9277+13 Commerce and Economic Opportunity in repayment of loans made
9278+14 pursuant to the Illinois Solid Waste Management Act shall be
9279+15 deposited into the General Revenue Fund.
9280+16 (b) The Agency shall assess and collect a fee in the amount
9281+17 set forth herein from the owner or operator of each sanitary
9282+18 landfill permitted or required to be permitted by the Agency
9283+19 to dispose of solid waste if the sanitary landfill is located
9284+20 off the site where such waste was produced and if such sanitary
9285+21 landfill is owned, controlled, and operated by a person other
9286+22 than the generator of such waste. The Agency shall deposit all
9287+23 fees collected into the Solid Waste Management Fund. If a site
9288+24 is contiguous to one or more landfills owned or operated by the
9289+25 same person, the volumes permanently disposed of by each
9290+
9291+
9292+
9293+
9294+
9295+ HB4959 Enrolled - 260 - LRB103 36303 SPS 66401 b
9296+
9297+
9298+HB4959 Enrolled- 261 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 261 - LRB103 36303 SPS 66401 b
9299+ HB4959 Enrolled - 261 - LRB103 36303 SPS 66401 b
9300+1 landfill shall be combined for purposes of determining the fee
9301+2 under this subsection. Beginning on July 1, 2018, and on the
9302+3 first day of each month thereafter during fiscal years 2019
9303+4 through 2025 2024, the State Comptroller shall direct and
9304+5 State Treasurer shall transfer an amount equal to 1/12 of
9305+6 $5,000,000 per fiscal year from the Solid Waste Management
9306+7 Fund to the General Revenue Fund.
9307+8 (1) If more than 150,000 cubic yards of non-hazardous
9308+9 solid waste is permanently disposed of at a site in a
9309+10 calendar year, the owner or operator shall either pay a
9310+11 fee of 95 cents per cubic yard or, alternatively, the
9311+12 owner or operator may weigh the quantity of the solid
9312+13 waste permanently disposed of with a device for which
9313+14 certification has been obtained under the Weights and
9314+15 Measures Act and pay a fee of $2.00 per ton of solid waste
9315+16 permanently disposed of. In no case shall the fee
9316+17 collected or paid by the owner or operator under this
9317+18 paragraph exceed $1.55 per cubic yard or $3.27 per ton.
9318+19 (2) If more than 100,000 cubic yards but not more than
9319+20 150,000 cubic yards of non-hazardous waste is permanently
9320+21 disposed of at a site in a calendar year, the owner or
9321+22 operator shall pay a fee of $52,630.
9322+23 (3) If more than 50,000 cubic yards but not more than
9323+24 100,000 cubic yards of non-hazardous solid waste is
9324+25 permanently disposed of at a site in a calendar year, the
9325+26 owner or operator shall pay a fee of $23,790.
9326+
9327+
9328+
9329+
9330+
9331+ HB4959 Enrolled - 261 - LRB103 36303 SPS 66401 b
9332+
9333+
9334+HB4959 Enrolled- 262 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 262 - LRB103 36303 SPS 66401 b
9335+ HB4959 Enrolled - 262 - LRB103 36303 SPS 66401 b
9336+1 (4) If more than 10,000 cubic yards but not more than
9337+2 50,000 cubic yards of non-hazardous solid waste is
9338+3 permanently disposed of at a site in a calendar year, the
9339+4 owner or operator shall pay a fee of $7,260.
9340+5 (5) If not more than 10,000 cubic yards of
9341+6 non-hazardous solid waste is permanently disposed of at a
9342+7 site in a calendar year, the owner or operator shall pay a
9343+8 fee of $1050.
9344+9 (c) (Blank).
9345+10 (d) The Agency shall establish rules relating to the
9346+11 collection of the fees authorized by this Section. Such rules
9347+12 shall include, but not be limited to:
9348+13 (1) necessary records identifying the quantities of
9349+14 solid waste received or disposed;
9350+15 (2) the form and submission of reports to accompany
9351+16 the payment of fees to the Agency;
9352+17 (3) the time and manner of payment of fees to the
9353+18 Agency, which payments shall not be more often than
9354+19 quarterly; and
9355+20 (4) procedures setting forth criteria establishing
9356+21 when an owner or operator may measure by weight or volume
9357+22 during any given quarter or other fee payment period.
9358+23 (e) Pursuant to appropriation, all monies in the Solid
9359+24 Waste Management Fund shall be used by the Agency for the
9360+25 purposes set forth in this Section and in the Illinois Solid
9361+26 Waste Management Act, including for the costs of fee
9362+
9363+
9364+
9365+
9366+
9367+ HB4959 Enrolled - 262 - LRB103 36303 SPS 66401 b
9368+
9369+
9370+HB4959 Enrolled- 263 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 263 - LRB103 36303 SPS 66401 b
9371+ HB4959 Enrolled - 263 - LRB103 36303 SPS 66401 b
9372+1 collection and administration, for administration of the Paint
9373+2 Stewardship Act, and for the administration of the Consumer
9374+3 Electronics Recycling Act, the Drug Take-Back Act, and the
9375+4 Statewide Recycling Needs Assessment Act.
9376+5 (f) The Agency is authorized to enter into such agreements
9377+6 and to promulgate such rules as are necessary to carry out its
9378+7 duties under this Section and the Illinois Solid Waste
9379+8 Management Act.
9380+9 (g) On the first day of January, April, July, and October
9381+10 of each year, beginning on July 1, 1996, the State Comptroller
9382+11 and Treasurer shall transfer $500,000 from the Solid Waste
9383+12 Management Fund to the Hazardous Waste Fund. Moneys
9384+13 transferred under this subsection (g) shall be used only for
9385+14 the purposes set forth in item (1) of subsection (d) of Section
9386+15 22.2.
9387+16 (h) The Agency is authorized to provide financial
9388+17 assistance to units of local government for the performance of
9389+18 inspecting, investigating, and enforcement activities pursuant
9390+19 to subsection (r) of Section 4 at nonhazardous solid waste
9391+20 disposal sites.
9392+21 (i) The Agency is authorized to conduct household waste
9393+22 collection and disposal programs.
9394+23 (j) A unit of local government, as defined in the Local
9395+24 Solid Waste Disposal Act, in which a solid waste disposal
9396+25 facility is located may establish a fee, tax, or surcharge
9397+26 with regard to the permanent disposal of solid waste. All
9398+
9399+
9400+
9401+
9402+
9403+ HB4959 Enrolled - 263 - LRB103 36303 SPS 66401 b
9404+
9405+
9406+HB4959 Enrolled- 264 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 264 - LRB103 36303 SPS 66401 b
9407+ HB4959 Enrolled - 264 - LRB103 36303 SPS 66401 b
9408+1 fees, taxes, and surcharges collected under this subsection
9409+2 shall be utilized for solid waste management purposes,
9410+3 including long-term monitoring and maintenance of landfills,
9411+4 planning, implementation, inspection, enforcement and other
9412+5 activities consistent with the Illinois Solid Waste Management
9413+6 Act and the Local Solid Waste Disposal Act, or for any other
9414+7 environment-related purpose, including, but not limited to, an
9415+8 environment-related public works project, but not for the
9416+9 construction of a new pollution control facility other than a
9417+10 household hazardous waste facility. However, the total fee,
9418+11 tax or surcharge imposed by all units of local government
9419+12 under this subsection (j) upon the solid waste disposal
9420+13 facility shall not exceed:
9421+14 (1) 60 per cubic yard if more than 150,000 cubic
9422+15 yards of non-hazardous solid waste is permanently disposed
9423+16 of at the site in a calendar year, unless the owner or
9424+17 operator weighs the quantity of the solid waste received
9425+18 with a device for which certification has been obtained
9426+19 under the Weights and Measures Act, in which case the fee
9427+20 shall not exceed $1.27 per ton of solid waste permanently
9428+21 disposed of.
9429+22 (2) $33,350 if more than 100,000 cubic yards, but not
9430+23 more than 150,000 cubic yards, of non-hazardous waste is
9431+24 permanently disposed of at the site in a calendar year.
9432+25 (3) $15,500 if more than 50,000 cubic yards, but not
9433+26 more than 100,000 cubic yards, of non-hazardous solid
9434+
9435+
9436+
9437+
9438+
9439+ HB4959 Enrolled - 264 - LRB103 36303 SPS 66401 b
9440+
9441+
9442+HB4959 Enrolled- 265 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 265 - LRB103 36303 SPS 66401 b
9443+ HB4959 Enrolled - 265 - LRB103 36303 SPS 66401 b
9444+1 waste is permanently disposed of at the site in a calendar
9445+2 year.
9446+3 (4) $4,650 if more than 10,000 cubic yards, but not
9447+4 more than 50,000 cubic yards, of non-hazardous solid waste
9448+5 is permanently disposed of at the site in a calendar year.
9449+6 (5) $650 if not more than 10,000 cubic yards of
9450+7 non-hazardous solid waste is permanently disposed of at
9451+8 the site in a calendar year.
9452+9 The corporate authorities of the unit of local government
9453+10 may use proceeds from the fee, tax, or surcharge to reimburse a
9454+11 highway commissioner whose road district lies wholly or
9455+12 partially within the corporate limits of the unit of local
9456+13 government for expenses incurred in the removal of
9457+14 nonhazardous, nonfluid municipal waste that has been dumped on
9458+15 public property in violation of a State law or local
9459+16 ordinance.
9460+17 For the disposal of solid waste from general construction
9461+18 or demolition debris recovery facilities as defined in
9462+19 subsection (a-1) of Section 3.160, the total fee, tax, or
9463+20 surcharge imposed by all units of local government under this
9464+21 subsection (j) upon the solid waste disposal facility shall
9465+22 not exceed 50% of the applicable amount set forth above. A unit
9466+23 of local government, as defined in the Local Solid Waste
9467+24 Disposal Act, in which a general construction or demolition
9468+25 debris recovery facility is located may establish a fee, tax,
9469+26 or surcharge on the general construction or demolition debris
9470+
9471+
9472+
9473+
9474+
9475+ HB4959 Enrolled - 265 - LRB103 36303 SPS 66401 b
9476+
9477+
9478+HB4959 Enrolled- 266 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 266 - LRB103 36303 SPS 66401 b
9479+ HB4959 Enrolled - 266 - LRB103 36303 SPS 66401 b
9480+1 recovery facility with regard to the permanent disposal of
9481+2 solid waste by the general construction or demolition debris
9482+3 recovery facility at a solid waste disposal facility, provided
9483+4 that such fee, tax, or surcharge shall not exceed 50% of the
9484+5 applicable amount set forth above, based on the total amount
9485+6 of solid waste transported from the general construction or
9486+7 demolition debris recovery facility for disposal at solid
9487+8 waste disposal facilities, and the unit of local government
9488+9 and fee shall be subject to all other requirements of this
9489+10 subsection (j).
9490+11 A county or Municipal Joint Action Agency that imposes a
9491+12 fee, tax, or surcharge under this subsection may use the
9492+13 proceeds thereof to reimburse a municipality that lies wholly
9493+14 or partially within its boundaries for expenses incurred in
9494+15 the removal of nonhazardous, nonfluid municipal waste that has
9495+16 been dumped on public property in violation of a State law or
9496+17 local ordinance.
9497+18 If the fees are to be used to conduct a local sanitary
9498+19 landfill inspection or enforcement program, the unit of local
9499+20 government must enter into a written delegation agreement with
9500+21 the Agency pursuant to subsection (r) of Section 4. The unit of
9501+22 local government and the Agency shall enter into such a
9502+23 written delegation agreement within 60 days after the
9503+24 establishment of such fees. At least annually, the Agency
9504+25 shall conduct an audit of the expenditures made by units of
9505+26 local government from the funds granted by the Agency to the
9506+
9507+
9508+
9509+
9510+
9511+ HB4959 Enrolled - 266 - LRB103 36303 SPS 66401 b
9512+
9513+
9514+HB4959 Enrolled- 267 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 267 - LRB103 36303 SPS 66401 b
9515+ HB4959 Enrolled - 267 - LRB103 36303 SPS 66401 b
9516+1 units of local government for purposes of local sanitary
9517+2 landfill inspection and enforcement programs, to ensure that
9518+3 the funds have been expended for the prescribed purposes under
9519+4 the grant.
9520+5 The fees, taxes or surcharges collected under this
9521+6 subsection (j) shall be placed by the unit of local government
9522+7 in a separate fund, and the interest received on the moneys in
9523+8 the fund shall be credited to the fund. The monies in the fund
9524+9 may be accumulated over a period of years to be expended in
9525+10 accordance with this subsection.
9526+11 A unit of local government, as defined in the Local Solid
9527+12 Waste Disposal Act, shall prepare and post on its website, in
9528+13 April of each year, a report that details spending plans for
9529+14 monies collected in accordance with this subsection. The
9530+15 report will at a minimum include the following:
9531+16 (1) The total monies collected pursuant to this
9532+17 subsection.
9533+18 (2) The most current balance of monies collected
9534+19 pursuant to this subsection.
9535+20 (3) An itemized accounting of all monies expended for
9536+21 the previous year pursuant to this subsection.
9537+22 (4) An estimation of monies to be collected for the
9538+23 following 3 years pursuant to this subsection.
9539+24 (5) A narrative detailing the general direction and
9540+25 scope of future expenditures for one, 2 and 3 years.
9541+26 The exemptions granted under Sections 22.16 and 22.16a,
9542+
9543+
9544+
9545+
9546+
9547+ HB4959 Enrolled - 267 - LRB103 36303 SPS 66401 b
9548+
9549+
9550+HB4959 Enrolled- 268 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 268 - LRB103 36303 SPS 66401 b
9551+ HB4959 Enrolled - 268 - LRB103 36303 SPS 66401 b
9552+1 and under subsection (k) of this Section, shall be applicable
9553+2 to any fee, tax or surcharge imposed under this subsection
9554+3 (j); except that the fee, tax or surcharge authorized to be
9555+4 imposed under this subsection (j) may be made applicable by a
9556+5 unit of local government to the permanent disposal of solid
9557+6 waste after December 31, 1986, under any contract lawfully
9558+7 executed before June 1, 1986 under which more than 150,000
9559+8 cubic yards (or 50,000 tons) of solid waste is to be
9560+9 permanently disposed of, even though the waste is exempt from
9561+10 the fee imposed by the State under subsection (b) of this
9562+11 Section pursuant to an exemption granted under Section 22.16.
9563+12 (k) In accordance with the findings and purposes of the
9564+13 Illinois Solid Waste Management Act, beginning January 1, 1989
9565+14 the fee under subsection (b) and the fee, tax or surcharge
9566+15 under subsection (j) shall not apply to:
9567+16 (1) waste which is hazardous waste;
9568+17 (2) waste which is pollution control waste;
9569+18 (3) waste from recycling, reclamation or reuse
9570+19 processes which have been approved by the Agency as being
9571+20 designed to remove any contaminant from wastes so as to
9572+21 render such wastes reusable, provided that the process
9573+22 renders at least 50% of the waste reusable; the exemption
9574+23 set forth in this paragraph (3) of this subsection (k)
9575+24 shall not apply to general construction or demolition
9576+25 debris recovery facilities as defined in subsection (a-1)
9577+26 of Section 3.160;
9578+
9579+
9580+
9581+
9582+
9583+ HB4959 Enrolled - 268 - LRB103 36303 SPS 66401 b
9584+
9585+
9586+HB4959 Enrolled- 269 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 269 - LRB103 36303 SPS 66401 b
9587+ HB4959 Enrolled - 269 - LRB103 36303 SPS 66401 b
9588+1 (4) non-hazardous solid waste that is received at a
9589+2 sanitary landfill and composted or recycled through a
9590+3 process permitted by the Agency; or
9591+4 (5) any landfill which is permitted by the Agency to
9592+5 receive only demolition or construction debris or
9593+6 landscape waste.
9594+7 (Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21;
9595+8 102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff.
9596+9 5-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154,
9597+10 eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23;
9598+11 revised 12-15-23.)
9599+12 (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
9600+13 Sec. 55.6. Used Tire Management Fund.
9601+14 (a) There is hereby created in the State Treasury a
9602+15 special fund to be known as the Used Tire Management Fund.
9603+16 There shall be deposited into the Fund all monies received as
9604+17 (1) recovered costs or proceeds from the sale of used tires
9605+18 under Section 55.3 of this Act, (2) repayment of loans from the
9606+19 Used Tire Management Fund, or (3) penalties or punitive
9607+20 damages for violations of this Title, except as provided by
9608+21 subdivision (b)(4) or (b)(4-5) of Section 42.
9609+22 (b) Beginning January 1, 1992, in addition to any other
9610+23 fees required by law, the owner or operator of each site
9611+24 required to be registered or permitted under subsection (d) or
9612+25 (d-5) of Section 55 shall pay to the Agency an annual fee of
9613+
9614+
9615+
9616+
9617+
9618+ HB4959 Enrolled - 269 - LRB103 36303 SPS 66401 b
9619+
9620+
9621+HB4959 Enrolled- 270 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 270 - LRB103 36303 SPS 66401 b
9622+ HB4959 Enrolled - 270 - LRB103 36303 SPS 66401 b
9623+1 $100. Fees collected under this subsection shall be deposited
9624+2 into the Environmental Protection Permit and Inspection Fund.
9625+3 (c) Pursuant to appropriation, moneys up to an amount of
9626+4 $4 million per fiscal year from the Used Tire Management Fund
9627+5 shall be allocated as follows:
9628+6 (1) 38% shall be available to the Agency for the
9629+7 following purposes, provided that priority shall be given
9630+8 to item (i):
9631+9 (i) To undertake preventive, corrective or removal
9632+10 action as authorized by and in accordance with Section
9633+11 55.3, and to recover costs in accordance with Section
9634+12 55.3.
9635+13 (ii) For the performance of inspection and
9636+14 enforcement activities for used and waste tire sites.
9637+15 (iii) (Blank).
9638+16 (iv) To provide financial assistance to units of
9639+17 local government for the performance of inspecting,
9640+18 investigating and enforcement activities pursuant to
9641+19 subsection (r) of Section 4 at used and waste tire
9642+20 sites.
9643+21 (v) To provide financial assistance for used and
9644+22 waste tire collection projects sponsored by local
9645+23 government or not-for-profit corporations.
9646+24 (vi) For the costs of fee collection and
9647+25 administration relating to used and waste tires, and
9648+26 to accomplish such other purposes as are authorized by
9649+
9650+
9651+
9652+
9653+
9654+ HB4959 Enrolled - 270 - LRB103 36303 SPS 66401 b
9655+
9656+
9657+HB4959 Enrolled- 271 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 271 - LRB103 36303 SPS 66401 b
9658+ HB4959 Enrolled - 271 - LRB103 36303 SPS 66401 b
9659+1 this Act and regulations thereunder.
9660+2 (vii) To provide financial assistance to units of
9661+3 local government and private industry for the purposes
9662+4 of:
9663+5 (A) assisting in the establishment of
9664+6 facilities and programs to collect, process, and
9665+7 utilize used and waste tires and tire-derived
9666+8 materials;
9667+9 (B) demonstrating the feasibility of
9668+10 innovative technologies as a means of collecting,
9669+11 storing, processing, and utilizing used and waste
9670+12 tires and tire-derived materials; and
9671+13 (C) applying demonstrated technologies as a
9672+14 means of collecting, storing, processing, and
9673+15 utilizing used and waste tires and tire-derived
9674+16 materials.
9675+17 (2) (Blank).
9676+18 (2.1) For the fiscal year beginning July 1, 2004 and
9677+19 for all fiscal years thereafter, 23% shall be deposited
9678+20 into the General Revenue Fund. Prior to the fiscal year
9679+21 beginning July 1, 2023, such transfers are at the
9680+22 direction of the Department of Revenue, and shall be made
9681+23 within 30 days after the end of each quarter. Beginning
9682+24 with the fiscal year beginning July 1, 2023, such
9683+25 transfers are at the direction of the Agency and shall be
9684+26 made within 30 days after the end of each quarter.
9685+
9686+
9687+
9688+
9689+
9690+ HB4959 Enrolled - 271 - LRB103 36303 SPS 66401 b
9691+
9692+
9693+HB4959 Enrolled- 272 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 272 - LRB103 36303 SPS 66401 b
9694+ HB4959 Enrolled - 272 - LRB103 36303 SPS 66401 b
9695+1 (3) 25% shall be available to the Illinois Department
9696+2 of Public Health for the following purposes:
9697+3 (A) To investigate threats or potential threats to
9698+4 the public health related to mosquitoes and other
9699+5 vectors of disease associated with the improper
9700+6 storage, handling and disposal of tires, improper
9701+7 waste disposal, or natural conditions.
9702+8 (B) To conduct surveillance and monitoring
9703+9 activities for mosquitoes and other arthropod vectors
9704+10 of disease, and surveillance of animals which provide
9705+11 a reservoir for disease-producing organisms.
9706+12 (C) To conduct training activities to promote
9707+13 vector control programs and integrated pest management
9708+14 as defined in the Vector Control Act.
9709+15 (D) To respond to inquiries, investigate
9710+16 complaints, conduct evaluations and provide technical
9711+17 consultation to help reduce or eliminate public health
9712+18 hazards and nuisance conditions associated with
9713+19 mosquitoes and other vectors.
9714+20 (E) To provide financial assistance to units of
9715+21 local government for training, investigation and
9716+22 response to public nuisances associated with
9717+23 mosquitoes and other vectors of disease.
9718+24 (4) 2% shall be available to the Department of
9719+25 Agriculture for its activities under the Illinois
9720+26 Pesticide Act relating to used and waste tires.
9721+
9722+
9723+
9724+
9725+
9726+ HB4959 Enrolled - 272 - LRB103 36303 SPS 66401 b
9727+
9728+
9729+HB4959 Enrolled- 273 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 273 - LRB103 36303 SPS 66401 b
9730+ HB4959 Enrolled - 273 - LRB103 36303 SPS 66401 b
9731+1 (5) 2% shall be available to the Pollution Control
9732+2 Board for administration of its activities relating to
9733+3 used and waste tires.
9734+4 (6) 10% shall be available to the University of
9735+5 Illinois for the Prairie Research Institute to perform
9736+6 research to study the biology, distribution, population
9737+7 ecology, and biosystematics of tire-breeding arthropods,
9738+8 especially mosquitoes, and the diseases they spread.
9739+9 (d) By January 1, 1998, and biennially thereafter, each
9740+10 State agency receiving an appropriation from the Used Tire
9741+11 Management Fund shall report to the Governor and the General
9742+12 Assembly on its activities relating to the Fund.
9743+13 (e) Any monies appropriated from the Used Tire Management
9744+14 Fund, but not obligated, shall revert to the Fund.
9745+15 (f) In administering the provisions of subdivisions (1),
9746+16 (2) and (3) of subsection (c) of this Section, the Agency, the
9747+17 Department of Commerce and Economic Opportunity, and the
9748+18 Illinois Department of Public Health shall ensure that
9749+19 appropriate funding assistance is provided to any municipality
9750+20 with a population over 1,000,000 or to any sanitary district
9751+21 which serves a population over 1,000,000.
9752+22 (g) Pursuant to appropriation, monies in excess of $4
9753+23 million per fiscal year from the Used Tire Management Fund
9754+24 shall be used as follows:
9755+25 (1) 55% shall be available to the Agency and, in State
9756+26 fiscal year 2025 only, the Department of Commerce and
9757+
9758+
9759+
9760+
9761+
9762+ HB4959 Enrolled - 273 - LRB103 36303 SPS 66401 b
9763+
9764+
9765+HB4959 Enrolled- 274 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 274 - LRB103 36303 SPS 66401 b
9766+ HB4959 Enrolled - 274 - LRB103 36303 SPS 66401 b
9767+1 Economic Opportunity for the following purposes, provided
9768+2 that priority shall be given to subparagraph (A):
9769+3 (A) To undertake preventive, corrective or renewed
9770+4 action as authorized by and in accordance with Section
9771+5 55.3 and to recover costs in accordance with Section
9772+6 55.3.
9773+7 (B) To provide financial assistance to units of
9774+8 local government and private industry for the purposes
9775+9 of:
9776+10 (i) assisting in the establishment of
9777+11 facilities and programs to collect, process, and
9778+12 utilize used and waste tires and tire-derived
9779+13 materials;
9780+14 (ii) demonstrating the feasibility of
9781+15 innovative technologies as a means of collecting,
9782+16 storing, processing, and utilizing used and waste
9783+17 tires and tire-derived materials; and
9784+18 (iii) applying demonstrated technologies as a
9785+19 means of collecting, storing, processing, and
9786+20 utilizing used and waste tires and tire-derived
9787+21 materials.
9788+22 (C) To provide grants to public universities and
9789+23 private industry for research and development related
9790+24 to reducing the toxicity of tires and tire materials,
9791+25 vector-related research, disease-related research, and
9792+26 for related laboratory-based equipment and field-based
9793+
9794+
9795+
9796+
9797+
9798+ HB4959 Enrolled - 274 - LRB103 36303 SPS 66401 b
9799+
9800+
9801+HB4959 Enrolled- 275 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 275 - LRB103 36303 SPS 66401 b
9802+ HB4959 Enrolled - 275 - LRB103 36303 SPS 66401 b
9803+1 equipment.
9804+2 (2) (Blank).
9805+3 (3) For the fiscal year beginning July 1, 2004 and for
9806+4 all fiscal years thereafter, 45% shall be deposited into
9807+5 the General Revenue Fund. Prior to the fiscal year
9808+6 beginning July 1, 2023, such transfers are at the
9809+7 direction of the Department of Revenue, and shall be made
9810+8 within 30 days after the end of each quarter. Beginning
9811+9 with the fiscal year beginning July 1, 2023, such
9812+10 transfers are at the direction of the Agency and shall be
9813+11 made within 30 days after the end of each quarter.
9814+12 (Source: P.A. 103-363, eff. 7-28-23.)
9815+13 (415 ILCS 5/57.11)
9816+14 Sec. 57.11. Underground Storage Tank Fund; creation.
9817+15 (a) There is hereby created in the State Treasury a
9818+16 special fund to be known as the Underground Storage Tank Fund.
9819+17 There shall be deposited into the Underground Storage Tank
9820+18 Fund all moneys received by the Office of the State Fire
9821+19 Marshal as fees for underground storage tanks under Sections 4
9822+20 and 5 of the Gasoline Storage Act, fees pursuant to the Motor
9823+21 Fuel Tax Law, and beginning July 1, 2013, payments pursuant to
9824+22 the Use Tax Act, the Service Use Tax Act, the Service
9825+23 Occupation Tax Act, and the Retailers' Occupation Tax Act. All
9826+24 amounts held in the Underground Storage Tank Fund shall be
9827+25 invested at interest by the State Treasurer. All income earned
9828+
9829+
9830+
9831+
9832+
9833+ HB4959 Enrolled - 275 - LRB103 36303 SPS 66401 b
9834+
9835+
9836+HB4959 Enrolled- 276 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 276 - LRB103 36303 SPS 66401 b
9837+ HB4959 Enrolled - 276 - LRB103 36303 SPS 66401 b
9838+1 from the investments shall be deposited into the Underground
9839+2 Storage Tank Fund no less frequently than quarterly. In
9840+3 addition to any other transfers that may be provided for by
9841+4 law, beginning on July 1, 2018 and on the first day of each
9842+5 month thereafter during fiscal years 2019 through 2025 2024
9843+6 only, the State Comptroller shall direct and the State
9844+7 Treasurer shall transfer an amount equal to 1/12 of
9845+8 $10,000,000 from the Underground Storage Tank Fund to the
9846+9 General Revenue Fund. Moneys in the Underground Storage Tank
9847+10 Fund, pursuant to appropriation, may be used by the Agency and
9848+11 the Office of the State Fire Marshal for the following
9849+12 purposes:
9850+13 (1) To take action authorized under Section 57.12 to
9851+14 recover costs under Section 57.12.
9852+15 (2) To assist in the reduction and mitigation of
9853+16 damage caused by leaks from underground storage tanks,
9854+17 including but not limited to, providing alternative water
9855+18 supplies to persons whose drinking water has become
9856+19 contaminated as a result of those leaks.
9857+20 (3) To be used as a matching amount towards federal
9858+21 assistance relative to the release of petroleum from
9859+22 underground storage tanks.
9860+23 (4) For the costs of administering activities of the
9861+24 Agency and the Office of the State Fire Marshal relative
9862+25 to the Underground Storage Tank Fund.
9863+26 (5) For payment of costs of corrective action incurred
9864+
9865+
9866+
9867+
9868+
9869+ HB4959 Enrolled - 276 - LRB103 36303 SPS 66401 b
9870+
9871+
9872+HB4959 Enrolled- 277 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 277 - LRB103 36303 SPS 66401 b
9873+ HB4959 Enrolled - 277 - LRB103 36303 SPS 66401 b
9874+1 by and indemnification to operators of underground storage
9875+2 tanks as provided in this Title.
9876+3 (6) For a total of 2 demonstration projects in amounts
9877+4 in excess of a $10,000 deductible charge designed to
9878+5 assess the viability of corrective action projects at
9879+6 sites which have experienced contamination from petroleum
9880+7 releases. Such demonstration projects shall be conducted
9881+8 in accordance with the provision of this Title.
9882+9 (7) Subject to appropriation, moneys in the
9883+10 Underground Storage Tank Fund may also be used by the
9884+11 Department of Revenue for the costs of administering its
9885+12 activities relative to the Fund and for refunds provided
9886+13 for in Section 13a.8 of the Motor Fuel Tax Law.
9887+14 (b) Moneys in the Underground Storage Tank Fund may,
9888+15 pursuant to appropriation, be used by the Office of the State
9889+16 Fire Marshal or the Agency to take whatever emergency action
9890+17 is necessary or appropriate to assure that the public health
9891+18 or safety is not threatened whenever there is a release or
9892+19 substantial threat of a release of petroleum from an
9893+20 underground storage tank and for the costs of administering
9894+21 its activities relative to the Underground Storage Tank Fund.
9895+22 (c) Beginning July 1, 1993, the Governor shall certify to
9896+23 the State Comptroller and State Treasurer the monthly amount
9897+24 necessary to pay debt service on State obligations issued
9898+25 pursuant to Section 6 of the General Obligation Bond Act. On
9899+26 the last day of each month, the Comptroller shall order
9900+
9901+
9902+
9903+
9904+
9905+ HB4959 Enrolled - 277 - LRB103 36303 SPS 66401 b
9906+
9907+
9908+HB4959 Enrolled- 278 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 278 - LRB103 36303 SPS 66401 b
9909+ HB4959 Enrolled - 278 - LRB103 36303 SPS 66401 b
9910+1 transferred and the Treasurer shall transfer from the
9911+2 Underground Storage Tank Fund to the General Obligation Bond
9912+3 Retirement and Interest Fund the amount certified by the
9913+4 Governor, plus any cumulative deficiency in those transfers
9914+5 for prior months.
9915+6 (d) Except as provided in subsection (c) of this Section,
9916+7 the Underground Storage Tank Fund is not subject to
9917+8 administrative charges authorized under Section 8h of the
9918+9 State Finance Act that would in any way transfer any funds from
9919+10 the Underground Storage Tank Fund into any other fund of the
9920+11 State.
9921+12 (e) Each fiscal year, subject to appropriation, the Agency
9922+13 may commit up to $10,000,000 of the moneys in the Underground
9923+14 Storage Tank Fund to the payment of corrective action costs
9924+15 for legacy sites that meet one or more of the following
9925+16 criteria as a result of the underground storage tank release:
9926+17 (i) the presence of free product, (ii) contamination within a
9927+18 regulated recharge area, a wellhead protection area, or the
9928+19 setback zone of a potable water supply well, (iii)
9929+20 contamination extending beyond the boundaries of the site
9930+21 where the release occurred, or (iv) such other criteria as may
9931+22 be adopted in Agency rules.
9932+23 (1) Fund moneys committed under this subsection (e)
9933+24 shall be held in the Fund for payment of the corrective
9934+25 action costs for which the moneys were committed.
9935+26 (2) The Agency may adopt rules governing the
9936+
9937+
9938+
9939+
9940+
9941+ HB4959 Enrolled - 278 - LRB103 36303 SPS 66401 b
9942+
9943+
9944+HB4959 Enrolled- 279 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 279 - LRB103 36303 SPS 66401 b
9945+ HB4959 Enrolled - 279 - LRB103 36303 SPS 66401 b
9946+1 commitment of Fund moneys under this subsection (e).
9947+2 (3) This subsection (e) does not limit the use of Fund
9948+3 moneys at legacy sites as otherwise provided under this
9949+4 Title.
9950+5 (4) For the purposes of this subsection (e), the term
9951+6 "legacy site" means a site for which (i) an underground
9952+7 storage tank release was reported prior to January 1,
9953+8 2005, (ii) the owner or operator has been determined
9954+9 eligible to receive payment from the Fund for corrective
9955+10 action costs, and (iii) the Agency did not receive any
9956+11 applications for payment prior to January 1, 2010.
9957+12 (f) Beginning July 1, 2013, if the amounts deposited into
9958+13 the Fund from moneys received by the Office of the State Fire
9959+14 Marshal as fees for underground storage tanks under Sections 4
9960+15 and 5 of the Gasoline Storage Act and as fees pursuant to the
9961+16 Motor Fuel Tax Law during a State fiscal year are sufficient to
9962+17 pay all claims for payment by the fund received during that
9963+18 State fiscal year, then the amount of any payments into the
9964+19 fund pursuant to the Use Tax Act, the Service Use Tax Act, the
9965+20 Service Occupation Tax Act, and the Retailers' Occupation Tax
9966+21 Act during that State fiscal year shall be deposited as
9967+22 follows: 75% thereof shall be paid into the State treasury and
9968+23 25% shall be reserved in a special account and used only for
9969+24 the transfer to the Common School Fund as part of the monthly
9970+25 transfer from the General Revenue Fund in accordance with
9971+26 Section 8a of the State Finance Act.
9972+
9973+
9974+
9975+
9976+
9977+ HB4959 Enrolled - 279 - LRB103 36303 SPS 66401 b
9978+
9979+
9980+HB4959 Enrolled- 280 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 280 - LRB103 36303 SPS 66401 b
9981+ HB4959 Enrolled - 280 - LRB103 36303 SPS 66401 b
9982+1 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
9983+2 103-8, eff. 6-7-23.)
9984+3 Section 5-78. The Open Space Lands Acquisition and
9985+4 Development Act is amended by changing Section 3 as follows:
9986+5 (525 ILCS 35/3) (from Ch. 85, par. 2103)
9987+6 Sec. 3. From appropriations made from the Capital
9988+7 Development Fund, Build Illinois Bond Fund or other available
9989+8 or designated funds for such purposes, the Department shall
9990+9 make grants to local governments as financial assistance for
9991+10 the capital development and improvement of park, recreation or
9992+11 conservation areas, marinas and shorelines, including planning
9993+12 and engineering costs, and for the acquisition of open space
9994+13 lands, including acquisition of easements and other property
9995+14 interests less than fee simple ownership if the Department
9996+15 determines that such property interests are sufficient to
9997+16 carry out the purposes of this Act, subject to the conditions
9998+17 and limitations set forth in this Act.
9999+18 No more than 10% of the amount so appropriated for any
10000+19 fiscal year may be committed or expended on any one project
10001+20 described in an application under this Act.
10002+21 Except for grants awarded from new appropriations in
10003+22 fiscal years year 2023 through and fiscal year 2025 2024, any
10004+23 grant under this Act to a local government shall be
10005+24 conditioned upon the state providing assistance on a 50/50
10006+
10007+
10008+
10009+
10010+
10011+ HB4959 Enrolled - 280 - LRB103 36303 SPS 66401 b
10012+
10013+
10014+HB4959 Enrolled- 281 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 281 - LRB103 36303 SPS 66401 b
10015+ HB4959 Enrolled - 281 - LRB103 36303 SPS 66401 b
10016+1 matching basis for the acquisition of open space lands and for
10017+2 capital development and improvement proposals. However, a
10018+3 local government defined as "distressed" under criteria
10019+4 adopted by the Department through administrative rule shall be
10020+5 eligible for assistance up to 90% for the acquisition of open
10021+6 space lands and for capital development and improvement
10022+7 proposals, provided that no more than 10% of the amount
10023+8 appropriated under this Act in any fiscal year is made
10024+9 available as grants to distressed local governments. For
10025+10 grants awarded from new appropriations in fiscal years year
10026+11 2023 through and fiscal year 2025 2024 only, a local
10027+12 government defined as "distressed" is eligible for assistance
10028+13 up to 100% for the acquisition of open space lands and for
10029+14 capital development and improvement proposals. The Department
10030+15 may make more than 10% of the amount appropriated in fiscal
10031+16 years year 2023 through and fiscal year 2025 2024 available as
10032+17 grants to distressed local governments.
10033+18 An advance payment of a minimum of 50% of any grant made to
10034+19 a unit of local government under this Act must be paid to the
10035+20 unit of local government at the time the Department awards the
10036+21 grant. A unit of local government may opt out of the advanced
10037+22 payment option at the time of the award of the grant. The
10038+23 remainder of the grant shall be distributed to the local
10039+24 government quarterly on a reimbursement basis. The Department
10040+25 shall consider an applicant's request for an extension to a
10041+26 grant under this Act if (i) the advanced payment is expended or
10042+
10043+
10044+
10045+
10046+
10047+ HB4959 Enrolled - 281 - LRB103 36303 SPS 66401 b
10048+
10049+
10050+HB4959 Enrolled- 282 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 282 - LRB103 36303 SPS 66401 b
10051+ HB4959 Enrolled - 282 - LRB103 36303 SPS 66401 b
10052+1 legally obligated within the 2 years required by Section 5 of
10053+2 the Illinois Grant Funds Recovery Act or (ii) no advanced
10054+3 payment was made.
10055+4 (Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22;
10056+5 103-8, eff. 6-7-23.)
10057+6 Section 5-80. The Illinois Aeronautics Act is amended by
10058+7 changing Section 40 as follows:
10059+8 (620 ILCS 5/40) (from Ch. 15 1/2, par. 22.40)
10060+9 Sec. 40. Disposition of federal funds. All monies accepted
10061+10 for disbursement by the Department pursuant to Section 38
10062+11 shall be deposited into the Federal/State/Local Airport Fund,
10063+12 which is established as a federal trust fund in the State
10064+13 treasury to be held by with the State Treasurer as ex officio
10065+14 ex-officio custodian. Moneys in the Federal/State/Local
10066+15 Airport Fund and shall be disbursed upon a voucher or order of
10067+16 Secretary of Transportation and paid by a warrant drawn by the
10068+17 State Comptroller and countersigned by the State Treasurer.
10069+18 All such monies are to be expended in accordance with Federal
10070+19 laws and rules and regulations thereunder and with this Act.
10071+20 The Department is authorized, whether acting for this State or
10072+21 as the agent of any of its municipalities or other political
10073+22 subdivision, or when requested by the United States Government
10074+23 or any agency or department thereof, subject to section 41,
10075+24 disburse such monies for the designated purposes, but this
10076+
10077+
10078+
10079+
10080+
10081+ HB4959 Enrolled - 282 - LRB103 36303 SPS 66401 b
10082+
10083+
10084+HB4959 Enrolled- 283 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 283 - LRB103 36303 SPS 66401 b
10085+ HB4959 Enrolled - 283 - LRB103 36303 SPS 66401 b
10086+1 shall not preclude any other authorized method of
10087+2 disbursement.
10088+3 (Source: P.A. 81-840.)
10089+4 Section 5-85. The Violent Crime Witness Protection Act is
10090+5 amended by changing Sections 5, 10, 15, and 20 as follows:
10091+6 (725 ILCS 173/5)
10092+7 Sec. 5. Definitions Definition. As used in this Act: ,
10093+8 "Local law enforcement agency" has the meaning given in
10094+9 Section 2 of the Illinois Police Training Act.
10095+10 "Violent violent crime" has the meaning given means a
10096+11 violent crime as that term is defined in Section 3 of the
10097+12 Rights of Crime Victims and Witnesses Act.
10098+13 (Source: P.A. 102-756, eff. 5-10-22.)
10099+14 (725 ILCS 173/10)
10100+15 Sec. 10. Financial Assistance Program. The No later than
10101+16 January 1, 2023, the Illinois Criminal Justice Information
10102+17 Authority, in consultation with the Office of the Attorney
10103+18 General, shall establish a program to provide financial
10104+19 assistance to State's Attorney's offices and local law
10105+20 enforcement agencies for the establishment and maintenance of
10106+21 violent crime witness protection programs. Grantees shall use
10107+22 funds to assist victims and witnesses who are actively aiding
10108+23 in the prosecution of perpetrators of violent crime, and
10109+
10110+
10111+
10112+
10113+
10114+ HB4959 Enrolled - 283 - LRB103 36303 SPS 66401 b
10115+
10116+
10117+HB4959 Enrolled- 284 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 284 - LRB103 36303 SPS 66401 b
10118+ HB4959 Enrolled - 284 - LRB103 36303 SPS 66401 b
10119+1 appropriate related persons or victims and witnesses
10120+2 determined by the Authority to be at risk of a discernible
10121+3 threat of violent crime. The program shall be administered by
10122+4 the Illinois Criminal Justice Information Authority. The
10123+5 program shall offer, among other things, financial assistance,
10124+6 including financial assistance on an emergency basis, that may
10125+7 be provided upon application by a State's Attorney or the
10126+8 Attorney General, or a chief executive of a police agency from
10127+9 funds deposited in the Violent Crime Witness Protection
10128+10 Program Fund and appropriated from that Fund for the purposes
10129+11 of this Act.
10130+12 (Source: P.A. 102-756, eff. 5-10-22.)
10131+13 (725 ILCS 173/15)
10132+14 Sec. 15. Funding. The Illinois Criminal Justice
10133+15 Information Authority, in consultation with the Office of the
10134+16 Attorney General, shall adopt rules for the implementation of
10135+17 the Violent Crime Witness Protection Program. The Program
10136+18 Assistance shall be subject to the following limitations:
10137+19 (a) Grant funds may be used to reimburse grantees for
10138+20 expenses associated with preexisting violent crime witness
10139+21 protection programs, including, but not limited to, Funds
10140+22 shall be limited to payment of the following:
10141+23 (1) emergency or temporary living costs;
10142+24 (2) moving expenses;
10143+25 (3) rent;
10144+
10145+
10146+
10147+
10148+
10149+ HB4959 Enrolled - 284 - LRB103 36303 SPS 66401 b
10150+
10151+
10152+HB4959 Enrolled- 285 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 285 - LRB103 36303 SPS 66401 b
10153+ HB4959 Enrolled - 285 - LRB103 36303 SPS 66401 b
10154+1 (3.5) utilities;
10155+2 (4) security deposits for rent and utilities;
10156+3 (5) other appropriate expenses of relocation or
10157+4 transition;
10158+5 (6) mental health treatment; and
10159+6 (7) lost wage assistance; and
10160+7 (8) administrative costs.
10161+8 (b) Approval of applications made by State's Attorneys
10162+9 shall be conditioned upon county funding for costs at a
10163+10 level of at least 25%, unless this requirement is waived
10164+11 by the administrator, in accordance with adopted rules,
10165+12 for good cause shown.
10166+13 (c) (Blank). Counties providing assistance consistent
10167+14 with the limitations in this Act may apply for
10168+15 reimbursement of up to 75% of their costs.
10169+16 (d) No more than 50% of funding available in any given
10170+17 fiscal year may be used for costs associated with any
10171+18 single county.
10172+19 (d-5) Grant funds Funds may also be requested by local
10173+20 law enforcement agencies and, notwithstanding subsection
10174+21 (a), used to establish local violent crime witness
10175+22 protection programs.
10176+23 (e) Before the Illinois Criminal Justice Information
10177+24 Authority distributes moneys from the Violent Crime
10178+25 Witness Protection Program Fund as provided in this
10179+26 Section, it shall retain 5% of those moneys for
10180+
10181+
10182+
10183+
10184+
10185+ HB4959 Enrolled - 285 - LRB103 36303 SPS 66401 b
10186+
10187+
10188+HB4959 Enrolled- 286 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 286 - LRB103 36303 SPS 66401 b
10189+ HB4959 Enrolled - 286 - LRB103 36303 SPS 66401 b
10190+1 administrative purposes.
10191+2 (f) (Blank). Direct reimbursement is allowed in whole
10192+3 or in part.
10193+4 (g) Implementation of the Violent Crime Witness
10194+5 Protection Program is subject to appropriation contingent
10195+6 upon and subject to there being made sufficient
10196+7 appropriations for implementation of that program.
10197+8 (Source: P.A. 102-756, eff. 5-10-22.)
10198+9 (725 ILCS 173/20)
10199+10 Sec. 20. Violent Crime Witness Protection Program Fund.
10200+11 There is created in the State treasury the Violent Crime
10201+12 Witness Protection Program Fund into which shall be deposited
10202+13 appropriated funds, grants, or other funds made available to
10203+14 the Illinois Criminal Justice Information Authority to assist
10204+15 State's Attorneys and local law enforcement agencies the
10205+16 Attorney General in protecting victims and witnesses who are
10206+17 aiding in the prosecution of perpetrators of violent crime,
10207+18 and appropriate related persons or victims and witnesses
10208+19 determined by the Authority to be at risk of a discernible
10209+20 threat of violent crime.
10210+21 (Source: P.A. 102-756, eff. 5-10-22.)
10211+22 Section 5-90. The Revised Uniform Unclaimed Property Act
10212+23 is amended by changing Section 15-801 as follows:
10213+
10214+
10215+
10216+
10217+
10218+ HB4959 Enrolled - 286 - LRB103 36303 SPS 66401 b
10219+
10220+
10221+HB4959 Enrolled- 287 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 287 - LRB103 36303 SPS 66401 b
10222+ HB4959 Enrolled - 287 - LRB103 36303 SPS 66401 b
10223+1 (765 ILCS 1026/15-801)
10224+2 Sec. 15-801. Deposit of funds by administrator.
10225+3 (a) Except as otherwise provided in this Section, the
10226+4 administrator shall deposit in the Unclaimed Property Trust
10227+5 Fund all funds received under this Act, including proceeds
10228+6 from the sale of property under Article 7. The administrator
10229+7 may deposit any amount in the Unclaimed Property Trust Fund
10230+8 into the State Pensions Fund during the fiscal year at his or
10231+9 her discretion; however, he or she shall, on April 15 and
10232+10 October 15 of each year, deposit any amount in the Unclaimed
10233+11 Property Trust Fund exceeding $2,500,000 into the State
10234+12 Pensions Fund. If on either April 15 or October 15, the
10235+13 administrator determines that a balance of $2,500,000 is
10236+14 insufficient for the prompt payment of unclaimed property
10237+15 claims authorized under this Act, the administrator may retain
10238+16 more than $2,500,000 in the Unclaimed Property Trust Fund in
10239+17 order to ensure the prompt payment of claims. Beginning in
10240+18 State fiscal year 2026 2025, all amounts that are deposited
10241+19 into the State Pensions Fund from the Unclaimed Property Trust
10242+20 Fund shall be apportioned to the designated retirement systems
10243+21 as provided in subsection (c-6) of Section 8.12 of the State
10244+22 Finance Act to reduce their actuarial reserve deficiencies.
10245+23 (b) The administrator shall make prompt payment of claims
10246+24 he or she duly allows as provided for in this Act from the
10247+25 Unclaimed Property Trust Fund. This shall constitute an
10248+26 irrevocable and continuing appropriation of all amounts in the
10249+
10250+
10251+
10252+
10253+
10254+ HB4959 Enrolled - 287 - LRB103 36303 SPS 66401 b
10255+
10256+
10257+HB4959 Enrolled- 288 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 288 - LRB103 36303 SPS 66401 b
10258+ HB4959 Enrolled - 288 - LRB103 36303 SPS 66401 b
10259+1 Unclaimed Property Trust Fund necessary to make prompt payment
10260+2 of claims duly allowed by the administrator pursuant to this
10261+3 Act.
10262+4 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
10263+5 103-8, eff. 6-7-23.)
10264+6 Section 5-95. The Unemployment Insurance Act is amended by
10265+7 changing Section 2103 as follows:
10266+8 (820 ILCS 405/2103) (from Ch. 48, par. 663)
10267+9 Sec. 2103. Unemployment compensation administration and
10268+10 other workforce development costs. All moneys received by the
10269+11 State or by the Department from any source for the financing of
10270+12 the cost of administration of this Act, including all federal
10271+13 moneys allotted or apportioned to the State or to the
10272+14 Department for that purpose, including moneys received
10273+15 directly or indirectly from the federal government under the
10274+16 Job Training Partnership Act, and including moneys received
10275+17 from the Railroad Retirement Board as compensation for
10276+18 services or facilities supplied to said Board, or any moneys
10277+19 made available by this State or its political subdivisions and
10278+20 matched by moneys granted to this State pursuant to the
10279+21 provisions of the Wagner-Peyser Act, shall be received and
10280+22 held by the State Treasurer as ex officio ex-officio custodian
10281+23 thereof, separate and apart from all other State moneys, in
10282+24 the Title III Social Security and Employment Fund, and such
10283+
10284+
10285+
10286+
10287+
10288+ HB4959 Enrolled - 288 - LRB103 36303 SPS 66401 b
10289+
10290+
10291+HB4959 Enrolled- 289 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 289 - LRB103 36303 SPS 66401 b
10292+ HB4959 Enrolled - 289 - LRB103 36303 SPS 66401 b
10293+1 funds shall be distributed or expended upon the direction of
10294+2 the Director and, except money received pursuant to the last
10295+3 paragraph of Section 2100B, shall be distributed or expended
10296+4 solely for the purposes and in the amounts found necessary by
10297+5 the Secretary of Labor of the United States of America, or
10298+6 other appropriate federal agency, for the proper and efficient
10299+7 administration of this Act. Notwithstanding any provision of
10300+8 this Section, all money requisitioned and deposited with the
10301+9 State Treasurer pursuant to the last paragraph of Section
10302+10 2100B shall remain part of the unemployment trust fund and
10303+11 shall be used only in accordance with the conditions specified
10304+12 in the last paragraph of Section 2100B.
10305+13 If any moneys received from the Secretary of Labor, or
10306+14 other appropriate federal agency, under Title III of the
10307+15 Social Security Act, or any moneys granted to this State
10308+16 pursuant to the provisions of the Wagner-Peyser Act, or any
10309+17 moneys made available by this State or its political
10310+18 subdivisions and matched by moneys granted to this State
10311+19 pursuant to the provisions of the Wagner-Peyser Act, are found
10312+20 by the Secretary of Labor, or other appropriate Federal
10313+21 agency, because of any action or contingency, to have been
10314+22 lost or expended for purposes other than, or in amounts in
10315+23 excess of, those found necessary, by the Secretary of Labor,
10316+24 or other appropriate Federal agency, for the proper
10317+25 administration of this Act, it is the policy of this State that
10318+26 such moneys shall be replaced by moneys appropriated for such
10319+
10320+
10321+
10322+
10323+
10324+ HB4959 Enrolled - 289 - LRB103 36303 SPS 66401 b
10325+
10326+
10327+HB4959 Enrolled- 290 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 290 - LRB103 36303 SPS 66401 b
10328+ HB4959 Enrolled - 290 - LRB103 36303 SPS 66401 b
10329+1 purpose from the general funds of this State for expenditure
10330+2 as provided in the first paragraph of this Section. The
10331+3 Director shall report to the Governor's Office of Management
10332+4 and Budget, in the same manner as is provided generally for the
10333+5 submission by State Departments of financial requirements for
10334+6 the ensuing fiscal year, and the Governor shall include in his
10335+7 budget report to the next regular session of the General
10336+8 Assembly, the amount required for such replacement.
10337+9 Moneys in the Title III Social Security and Employment
10338+10 Fund shall not be commingled with other State funds, but they
10339+11 shall be deposited as required by law and maintained in a
10340+12 separate account on the books of a savings and loan
10341+13 association or bank.
10342+14 The State Treasurer shall be liable on his general
10343+15 official bond for the faithful performance of his duties as
10344+16 custodian of all moneys in the Title III Social Security and
10345+17 Employment Fund. Such liability on his official bond shall
10346+18 exist in addition to the liability upon any separate bond
10347+19 given by him. All sums recovered for losses sustained by the
10348+20 fund herein described shall be deposited therein.
10349+21 Upon the effective date of Public Act 85-956 this
10350+22 amendatory Act of 1987 (January 1, 1988), the Comptroller
10351+23 shall transfer all unobligated funds from the Job Training
10352+24 Fund into the Title III Social Security and Employment Fund.
10353+25 On September 1, 2000, or as soon thereafter as may be
10354+26 reasonably practicable, the State Comptroller shall transfer
10355+
10356+
10357+
10358+
10359+
10360+ HB4959 Enrolled - 290 - LRB103 36303 SPS 66401 b
10361+
10362+
10363+HB4959 Enrolled- 291 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 291 - LRB103 36303 SPS 66401 b
10364+ HB4959 Enrolled - 291 - LRB103 36303 SPS 66401 b
10365+1 all unobligated moneys from the Job Training Partnership Fund
10366+2 into the Title III Social Security and Employment Fund. The
10367+3 moneys transferred pursuant to Public Act 91-704 this
10368+4 amendatory Act may be used or expended for purposes consistent
10369+5 with the conditions under which those moneys were received by
10370+6 the State.
10371+7 Beginning on July 1, 2000 (the effective date of Public
10372+8 Act 91-704) this amendatory Act of the 91st General Assembly,
10373+9 all moneys that would otherwise be deposited into the Job
10374+10 Training Partnership Fund shall instead be deposited into the
10375+11 Title III Social Security and Employment Fund, to be used for
10376+12 purposes consistent with the conditions under which those
10377+13 moneys are received by the State, except that any moneys that
10378+14 may be necessary to pay liabilities outstanding as of June 30,
10379+15 2000 shall be deposited into the Job Training Partnership
10380+16 Fund.
10381+17 On July 1, 2024, or as soon thereafter as practical, after
10382+18 making all necessary payments to the Federal Emergency
10383+19 Management Agency related to the federal Lost Wages Assistance
10384+20 program, the Director shall report to the Governor's Office of
10385+21 Management and Budget all amounts remaining in the Title III
10386+22 Social Security and Employment Fund from an appropriation to
10387+23 the Department for the purpose of making payments to the
10388+24 Federal Emergency Management Agency. At the direction of the
10389+25 Director of the Governor's Office of Management and Budget,
10390+26 the Comptroller shall direct and the Treasurer shall transfer
10391+
10392+
10393+
10394+
10395+
10396+ HB4959 Enrolled - 291 - LRB103 36303 SPS 66401 b
10397+
10398+
10399+HB4959 Enrolled- 292 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 292 - LRB103 36303 SPS 66401 b
10400+ HB4959 Enrolled - 292 - LRB103 36303 SPS 66401 b
10401+1 the reported amount from the Title III Social Security and
10402+2 Employment Fund to the General Revenue Fund.
10403+3 (Source: P.A. 97-791, eff. 1-1-13.)
10404+4 Article 10.
10405+5 Section 10-5. The Illinois Administrative Procedure Act is
10406+6 amended by adding Sections 5-45.55 and 5-45.56 as follows:
10407+7 (5 ILCS 100/5-45.55 new)
10408+8 Sec. 5-45.55. Emergency rulemaking; Substance Use Disorder
10409+9 Act. To provide for the expeditious and timely implementation
10410+10 of the changes made to Section 55-30 of the Substance Use
10411+11 Disorder Act by this amendatory Act of the 103rd General
10412+12 Assembly, emergency rules implementing the changes made to
10413+13 that Section by this amendatory Act of the 103rd General
10414+14 Assembly may be adopted in accordance with Section 5-45 by the
10415+15 Department of Human Services or other department essential to
10416+16 the implementation of the changes. The adoption of emergency
10417+17 rules authorized by Section 5-45 and this Section is deemed to
10418+18 be necessary for the public interest, safety, and welfare.
10419+19 This Section is repealed one year after the effective date
10420+20 of this Section.
10421+21 (5 ILCS 100/5-45.56 new)
10422+22 Sec. 5-45.56. Emergency rulemaking; Illinois Public Aid
10423+
10424+
10425+
10426+
10427+
10428+ HB4959 Enrolled - 292 - LRB103 36303 SPS 66401 b
10429+
10430+
10431+HB4959 Enrolled- 293 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 293 - LRB103 36303 SPS 66401 b
10432+ HB4959 Enrolled - 293 - LRB103 36303 SPS 66401 b
10433+1 Code. To provide for the expeditious and timely implementation
10434+2 of the changes made to the Illinois Public Aid Code by this
10435+3 amendatory Act of the 103rd General Assembly, emergency rules
10436+4 implementing the changes made to that Code by this amendatory
10437+5 Act of the 103rd General Assembly may be adopted in accordance
10438+6 with Section 5-45 by the Department of Healthcare and Family
10439+7 Services, the Department of Human Services, or other
10440+8 departments essential to the implementation of the changes.
10441+9 The adoption of emergency rules authorized by Section 5-45 and
10442+10 this Section is deemed to be necessary for the public
10443+11 interest, safety, and welfare.
10444+12 This Section is repealed one year after the effective date
10445+13 of this Section.
10446+14 Section 10-10. The Substance Use Disorder Act is amended
10447+15 by changing Section 55-30 as follows:
10448+16 (20 ILCS 301/55-30)
10449+17 Sec. 55-30. Rate increase.
10450+18 (a) The Department shall by rule develop the increased
10451+19 rate methodology and annualize the increased rate beginning
10452+20 with State fiscal year 2018 contracts to licensed providers of
10453+21 community-based substance use disorder intervention or
10454+22 treatment, based on the additional amounts appropriated for
10455+23 the purpose of providing a rate increase to licensed
10456+24 providers. The Department shall adopt rules, including
10457+
10458+
10459+
10460+
10461+
10462+ HB4959 Enrolled - 293 - LRB103 36303 SPS 66401 b
10463+
10464+
10465+HB4959 Enrolled- 294 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 294 - LRB103 36303 SPS 66401 b
10466+ HB4959 Enrolled - 294 - LRB103 36303 SPS 66401 b
10467+1 emergency rules under subsection (y) of Section 5-45 of the
10468+2 Illinois Administrative Procedure Act, to implement the
10469+3 provisions of this Section.
10470+4 (b) (Blank).
10471+5 (c) Beginning on July 1, 2022, the Division of Substance
10472+6 Use Prevention and Recovery shall increase reimbursement rates
10473+7 for all community-based substance use disorder treatment and
10474+8 intervention services by 47%, including, but not limited to,
10475+9 all of the following:
10476+10 (1) Admission and Discharge Assessment.
10477+11 (2) Level 1 (Individual).
10478+12 (3) Level 1 (Group).
10479+13 (4) Level 2 (Individual).
10480+14 (5) Level 2 (Group).
10481+15 (6) Case Management.
10482+16 (7) Psychiatric Evaluation.
10483+17 (8) Medication Assisted Recovery.
10484+18 (9) Community Intervention.
10485+19 (10) Early Intervention (Individual).
10486+20 (11) Early Intervention (Group).
10487+21 Beginning in State Fiscal Year 2023, and every State
10488+22 fiscal year thereafter, reimbursement rates for those
10489+23 community-based substance use disorder treatment and
10490+24 intervention services shall be adjusted upward by an amount
10491+25 equal to the Consumer Price Index-U from the previous year,
10492+26 not to exceed 2% in any State fiscal year. If there is a
10493+
10494+
10495+
10496+
10497+
10498+ HB4959 Enrolled - 294 - LRB103 36303 SPS 66401 b
10499+
10500+
10501+HB4959 Enrolled- 295 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 295 - LRB103 36303 SPS 66401 b
10502+ HB4959 Enrolled - 295 - LRB103 36303 SPS 66401 b
10503+1 decrease in the Consumer Price Index-U, rates shall remain
10504+2 unchanged for that State fiscal year. The Department shall
10505+3 adopt rules, including emergency rules in accordance with the
10506+4 Illinois Administrative Procedure Act, to implement the
10507+5 provisions of this Section.
10508+6 As used in this Section, "Consumer Price Index-U"
10509+7 subsection, "consumer price index-u" means the index published
10510+8 by the Bureau of Labor Statistics of the United States
10511+9 Department of Labor that measures the average change in prices
10512+10 of goods and services purchased by all urban consumers, United
10513+11 States city average, all items, 1982-84 = 100.
10514+12 (d) Beginning on January 1, 2024, subject to federal
10515+13 approval, the Division of Substance Use Prevention and
10516+14 Recovery shall increase reimbursement rates for all ASAM level
10517+15 3 residential/inpatient substance use disorder treatment and
10518+16 intervention services by 30%, including, but not limited to,
10519+17 the following services:
10520+18 (1) ASAM level 3.5 Clinically Managed High-Intensity
10521+19 Residential Services for adults;
10522+20 (2) ASAM level 3.5 Clinically Managed Medium-Intensity
10523+21 Residential Services for adolescents;
10524+22 (3) ASAM level 3.2 Clinically Managed Residential
10525+23 Withdrawal Management;
10526+24 (4) ASAM level 3.7 Medically Monitored Intensive
10527+25 Inpatient Services for adults and Medically Monitored
10528+26 High-Intensity Inpatient Services for adolescents; and
10529+
10530+
10531+
10532+
10533+
10534+ HB4959 Enrolled - 295 - LRB103 36303 SPS 66401 b
10535+
10536+
10537+HB4959 Enrolled- 296 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 296 - LRB103 36303 SPS 66401 b
10538+ HB4959 Enrolled - 296 - LRB103 36303 SPS 66401 b
10539+1 (5) ASAM level 3.1 Clinically Managed Low-Intensity
10540+2 Residential Services for adults and adolescents.
10541+3 (e) Beginning in State fiscal year 2025, and every State
10542+4 fiscal year thereafter, reimbursement rates for licensed or
10543+5 certified substance use disorder treatment providers of ASAM
10544+6 Level 3 residential/inpatient services for persons with
10545+7 substance use disorders shall be adjusted upward by an amount
10546+8 equal to the Consumer Price Index-U from the previous year,
10547+9 not to exceed 2% in any State fiscal year. If there is a
10548+10 decrease in the Consumer Price Index-U, rates shall remain
10549+11 unchanged for that State fiscal year. The Department shall
10550+12 adopt rules, including emergency rules, in accordance with the
10551+13 Illinois Administrative Procedure Act, to implement the
10552+14 provisions of this Section.
10553+15 (Source: P.A. 102-699, eff. 4-19-22; 103-102, eff. 6-16-23.)
10554+16 (20 ILCS 302/Act rep.)
10555+17 Section 10-15. The Substance Use Disorder Rate Equity Act
10556+18 is repealed.
10557+19 (20 ILCS 303/Act rep.)
10558+20 Section 10-20. The Substance Use Disorder Residential and
10559+21 Detox Rate Equity Act is repealed.
10560+22 (20 ILCS 2205/2205-31 rep.)
10561+23 Section 10-25. The Department of Healthcare and Family
10562+
10563+
10564+
10565+
10566+
10567+ HB4959 Enrolled - 296 - LRB103 36303 SPS 66401 b
10568+
10569+
10570+HB4959 Enrolled- 297 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 297 - LRB103 36303 SPS 66401 b
10571+ HB4959 Enrolled - 297 - LRB103 36303 SPS 66401 b
10572+1 Services Law of the Civil Administrative Code of Illinois is
10573+2 amended by repealing Section 2205-31.
10574+3 Section 10-30. The Department of Public Health Powers and
10575+4 Duties Law of the Civil Administrative Code of Illinois is
10576+5 amended by adding Section 2310-730 as follows:
10577+6 (20 ILCS 2310/2310-730 new)
10578+7 Sec. 2310-730. Health care telementoring.
10579+8 (a) Subject to appropriation, the Department shall
10580+9 designate one or more health care telementoring entities based
10581+10 on an application to be developed by the Department.
10582+11 Applicants shall demonstrate a record of expertise and
10583+12 demonstrated success in providing health care telementoring
10584+13 services. The Department may adopt rules necessary for the
10585+14 implementation of this Section. Funding may be provided based
10586+15 on the number of health care providers or professionals who
10587+16 are assisted by each approved health care telementoring entity
10588+17 and the hours of assistance provided to each health care
10589+18 provider or professional in addition to other factors as
10590+19 determined by the Director.
10591+20 (b) In this Section:
10592+21 "Health care providers or professionals" means individuals
10593+22 trained to provide health care or related services. "Health
10594+23 care providers or professionals" includes, but is not limited
10595+24 to, physicians, nurses, physician assistants, speech language
10596+
10597+
10598+
10599+
10600+
10601+ HB4959 Enrolled - 297 - LRB103 36303 SPS 66401 b
10602+
10603+
10604+HB4959 Enrolled- 298 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 298 - LRB103 36303 SPS 66401 b
10605+ HB4959 Enrolled - 298 - LRB103 36303 SPS 66401 b
10606+1 pathologists, social workers, and school personnel involved in
10607+2 screening for targeted conditions and providing support to
10608+3 students impacted by those conditions.
10609+4 "Health care telementoring" means a program:
10610+5 (1) that is based on interactive video or phone
10611+6 technology that connects groups of local health care
10612+7 providers or professionals in urban and rural underserved
10613+8 areas with specialists in regular real-time collaborative
10614+9 sessions;
10615+10 (2) that is designed around case-based learning and
10616+11 mentorship; and
10617+12 (3) that helps local health care providers or
10618+13 professionals gain the expertise required to more
10619+14 effectively provide needed services.
10620+15 "Health care telementoring" includes, but is not limited
10621+16 to, a program provided to improve services in one or more of a
10622+17 variety of areas, including, but not limited to, chronic
10623+18 disease, communicable disease, atypical vision or hearing,
10624+19 adolescent health, Hepatitis C, complex diabetes, geriatrics,
10625+20 mental illness, opioid use disorders, substance use disorders,
10626+21 maternity care, childhood adversity and trauma, pediatric
10627+22 ADHD, congregate settings, including justice involved systems,
10628+23 and other priorities identified by the Department.
10629+24 Section 10-32. The State Finance Act is amended by adding
10630+25 Sections 5.1017 and 6z-141 as follows:
10631+
10632+
10633+
10634+
10635+
10636+ HB4959 Enrolled - 298 - LRB103 36303 SPS 66401 b
10637+
10638+
10639+HB4959 Enrolled- 299 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 299 - LRB103 36303 SPS 66401 b
10640+ HB4959 Enrolled - 299 - LRB103 36303 SPS 66401 b
10641+1 (30 ILCS 105/5.1017 new)
10642+2 Sec. 5.1017. The Health Equity and Access Fund.
10643+3 (30 ILCS 105/6z-141 new)
10644+4 Sec. 6z-141. Health Equity and Access Fund.
10645+5 (a) The Health Equity and Access Fund is hereby created as
10646+6 a special fund in the State treasury and may receive moneys
10647+7 from any source, public or private, including moneys
10648+8 appropriated to the Department of Healthcare and Family
10649+9 Services. Interest earned on moneys in the Fund shall be
10650+10 deposited into the Fund.
10651+11 (b) Subject to appropriation, moneys in the Fund may be
10652+12 used by the Department of Healthcare and Family Services to
10653+13 pay for medical expenses or grants that advance health equity
10654+14 initiatives in Illinois.
10655+15 (c) The Department of Healthcare and Family Services may
10656+16 adopt rules to implement and administer the health equity
10657+17 initiative described in this Section.
10658+18 Section 10-35. The Illinois Public Aid Code is amended by
10659+19 changing Sections 5-47 and 16-2 and by adding Section 12-4.13e
10660+20 as follows:
10661+21 (305 ILCS 5/5-47)
10662+22 Sec. 5-47. Medicaid reimbursement rates; substance use
10663+
10664+
10665+
10666+
10667+
10668+ HB4959 Enrolled - 299 - LRB103 36303 SPS 66401 b
10669+
10670+
10671+HB4959 Enrolled- 300 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 300 - LRB103 36303 SPS 66401 b
10672+ HB4959 Enrolled - 300 - LRB103 36303 SPS 66401 b
10673+1 disorder treatment providers and facilities.
10674+2 (a) Beginning on January 1, 2024, subject to federal
10675+3 approval, the Department of Healthcare and Family Services, in
10676+4 conjunction with the Department of Human Services' Division of
10677+5 Substance Use Prevention and Recovery, shall provide a 30%
10678+6 increase in reimbursement rates for all Medicaid-covered ASAM
10679+7 Level 3 residential/inpatient substance use disorder treatment
10680+8 services.
10681+9 No existing or future reimbursement rates or add-ons shall
10682+10 be reduced or changed to address this proposed rate increase.
10683+11 No later than 3 months after June 16, 2023 (the effective date
10684+12 of Public Act 103-102) this amendatory Act of the 103rd
10685+13 General Assembly, the Department of Healthcare and Family
10686+14 Services shall submit any necessary application to the federal
10687+15 Centers for Medicare and Medicaid Services to implement the
10688+16 requirements of this Section.
10689+17 (a-5) Beginning in State fiscal year 2025, and every State
10690+18 fiscal year thereafter, reimbursement rates for licensed or
10691+19 certified substance use disorder treatment providers of ASAM
10692+20 Level 3 residential/inpatient services for persons with
10693+21 substance use disorders shall be adjusted upward by an amount
10694+22 equal to the Consumer Price Index-U from the previous year,
10695+23 not to exceed 2% in any State fiscal year. If there is a
10696+24 decrease in the Consumer Price Index-U, rates shall remain
10697+25 unchanged for that State fiscal year. The Department shall
10698+26 adopt rules, including emergency rules, in accordance with the
10699+
10700+
10701+
10702+
10703+
10704+ HB4959 Enrolled - 300 - LRB103 36303 SPS 66401 b
10705+
10706+
10707+HB4959 Enrolled- 301 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 301 - LRB103 36303 SPS 66401 b
10708+ HB4959 Enrolled - 301 - LRB103 36303 SPS 66401 b
10709+1 Illinois Administrative Procedure Act, to implement the
10710+2 provisions of this Section.
10711+3 As used in this Section, "Consumer Price Index-U" means
10712+4 the index published by the Bureau of Labor Statistics of the
10713+5 United States Department of Labor that measures the average
10714+6 change in prices of goods and services purchased by all urban
10715+7 consumers, United States city average, all items, 1982-84 =
10716+8 100.
10717+9 (b) Parity in community-based behavioral health rates;
10718+10 implementation plan for cost reporting. For the purpose of
10719+11 understanding behavioral health services cost structures and
10720+12 their impact on the Medical Assistance Program, the Department
10721+13 of Healthcare and Family Services shall engage stakeholders to
10722+14 develop a plan for the regular collection of cost reporting
10723+15 for all entity-based substance use disorder providers. Data
10724+16 shall be used to inform on the effectiveness and efficiency of
10725+17 Illinois Medicaid rates. The Department and stakeholders shall
10726+18 develop a plan by April 1, 2024. The Department shall engage
10727+19 stakeholders on implementation of the plan. The plan, at
10728+20 minimum, shall consider all of the following:
10729+21 (1) Alignment with certified community behavioral
10730+22 health clinic requirements, standards, policies, and
10731+23 procedures.
10732+24 (2) Inclusion of prospective costs to measure what is
10733+25 needed to increase services and capacity.
10734+26 (3) Consideration of differences in collection and
10735+
10736+
10737+
10738+
10739+
10740+ HB4959 Enrolled - 301 - LRB103 36303 SPS 66401 b
10741+
10742+
10743+HB4959 Enrolled- 302 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 302 - LRB103 36303 SPS 66401 b
10744+ HB4959 Enrolled - 302 - LRB103 36303 SPS 66401 b
10745+1 policies based on the size of providers.
10746+2 (4) Consideration of additional administrative time
10747+3 and costs.
10748+4 (5) Goals, purposes, and usage of data collected from
10749+5 cost reports.
10750+6 (6) Inclusion of qualitative data in addition to
10751+7 quantitative data.
10752+8 (7) Technical assistance for providers for completing
10753+9 cost reports including initial training by the Department
10754+10 for providers.
10755+11 (8) Implementation of a timeline which allows an
10756+12 initial grace period for providers to adjust internal
10757+13 procedures and data collection.
10758+14 Details from collected cost reports shall be made publicly
10759+15 available on the Department's website and costs shall be used
10760+16 to ensure the effectiveness and efficiency of Illinois
10761+17 Medicaid rates.
10762+18 (c) Reporting; access to substance use disorder treatment
10763+19 services and recovery supports. By no later than April 1,
10764+20 2024, the Department of Healthcare and Family Services, with
10765+21 input from the Department of Human Services' Division of
10766+22 Substance Use Prevention and Recovery, shall submit a report
10767+23 to the General Assembly regarding access to treatment services
10768+24 and recovery supports for persons diagnosed with a substance
10769+25 use disorder. The report shall include, but is not limited to,
10770+26 the following information:
10771+
10772+
10773+
10774+
10775+
10776+ HB4959 Enrolled - 302 - LRB103 36303 SPS 66401 b
10777+
10778+
10779+HB4959 Enrolled- 303 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 303 - LRB103 36303 SPS 66401 b
10780+ HB4959 Enrolled - 303 - LRB103 36303 SPS 66401 b
10781+1 (1) The number of providers enrolled in the Illinois
10782+2 Medical Assistance Program certified to provide substance
10783+3 use disorder treatment services, aggregated by ASAM level
10784+4 of care, and recovery supports.
10785+5 (2) The number of Medicaid customers in Illinois with
10786+6 a diagnosed substance use disorder receiving substance use
10787+7 disorder treatment, aggregated by provider type and ASAM
10788+8 level of care.
10789+9 (3) A comparison of Illinois' substance use disorder
10790+10 licensure and certification requirements with those of
10791+11 comparable state Medicaid programs.
10792+12 (4) Recommendations for and an analysis of the impact
10793+13 of aligning reimbursement rates for outpatient substance
10794+14 use disorder treatment services with reimbursement rates
10795+15 for community-based mental health treatment services.
10796+16 (5) Recommendations for expanding substance use
10797+17 disorder treatment to other qualified provider entities
10798+18 and licensed professionals of the healing arts. The
10799+19 recommendations shall include an analysis of the
10800+20 opportunities to maximize the flexibilities permitted by
10801+21 the federal Centers for Medicare and Medicaid Services for
10802+22 expanding access to the number and types of qualified
10803+23 substance use disorder providers.
10804+24 (Source: P.A. 103-102, eff. 6-16-23; revised 9-26-23.)
10805+25 (305 ILCS 5/12-4.13e new)
10806+
10807+
10808+
10809+
10810+
10811+ HB4959 Enrolled - 303 - LRB103 36303 SPS 66401 b
10812+
10813+
10814+HB4959 Enrolled- 304 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 304 - LRB103 36303 SPS 66401 b
10815+ HB4959 Enrolled - 304 - LRB103 36303 SPS 66401 b
10816+1 Sec. 12-4.13e. Summer EBT Program.
10817+2 (a) Subject to federal approval, the Department of Human
10818+3 Services may establish and participate in the federal Summer
10819+4 Electronic Benefit Transfer Program for Children, which may be
10820+5 referred to as the Summer EBT Program.
10821+6 (b) The Summer EBT Program Fund is established as a
10822+7 federal trust fund in the State treasury. The fund is
10823+8 established to receive moneys from the federal government for
10824+9 the Summer EBT Program. Subject to appropriation, moneys in
10825+10 the Summer EBT Program Fund shall be expended by the
10826+11 Department of Human Services only for those purposes permitted
10827+12 under the federal Summer Electronic Benefit Transfer Program
10828+13 for Children.
10829+14 (c) The Department of Human Services is authorized to
10830+15 adopt any rules, including emergency rules, necessary to
10831+16 implement the provisions of this Section.
10832+17 (305 ILCS 5/16-2)
10833+18 Sec. 16-2. Eligibility. Subject to available funding, a A
10834+19 foreign-born victim of trafficking, torture, or other serious
10835+20 crimes and the individual's his or her derivative family
10836+21 members, but not a single adult without derivative family
10837+22 members, are eligible for cash assistance or SNAP benefits
10838+23 under this Article if the individual:
10839+24 (a) has filed he or she:
10840+25 (1) has filed or is preparing to file an
10841+
10842+
10843+
10844+
10845+
10846+ HB4959 Enrolled - 304 - LRB103 36303 SPS 66401 b
10847+
10848+
10849+HB4959 Enrolled- 305 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 305 - LRB103 36303 SPS 66401 b
10850+ HB4959 Enrolled - 305 - LRB103 36303 SPS 66401 b
10851+1 application for T Nonimmigrant status with the
10852+2 appropriate federal agency pursuant to Section
10853+3 1101(a)(15)(T) of Title 8 of the United States Code,
10854+4 or is otherwise taking steps to meet the conditions
10855+5 for federal benefits eligibility under Section 7105 of
10856+6 Title 22 of the United States Code;
10857+7 (2) has filed or is preparing to file a formal
10858+8 application with the appropriate federal agency for
10859+9 status pursuant to Section 1101(a)(15)(U) of Title 8
10860+10 of the United States Code; or
10861+11 (3) has filed or is preparing to file a formal
10862+12 application with the appropriate federal agency for
10863+13 status under Section 1158 of Title 8 of the United
10864+14 States Code; and
10865+15 (b) he or she is otherwise eligible for cash assistance or
10866+16 SNAP benefits, as applicable.
10867+17 An individual residing in an institution or other setting
10868+18 that provides the majority of the individual's daily meals is
10869+19 not eligible for SNAP benefits.
10870+20 (Source: P.A. 99-870, eff. 8-22-16; 100-201, eff. 8-18-17.)
10871+21 Section 10-40. The Intergenerational Poverty Act is
10872+22 amended by changing Section 95-504 as follows:
10873+23 (305 ILCS 70/95-504)
10874+24 Sec. 95-504. Duties of the Director of the Governor's
10875+
10876+
10877+
10878+
10879+
10880+ HB4959 Enrolled - 305 - LRB103 36303 SPS 66401 b
10881+
10882+
10883+HB4959 Enrolled- 306 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 306 - LRB103 36303 SPS 66401 b
10884+ HB4959 Enrolled - 306 - LRB103 36303 SPS 66401 b
10885+1 Office of Management and Budget. The Director of the
10886+2 Governor's Office of Management and Budget shall include in
10887+3 the materials submitted to the General Assembly outlining the
10888+4 Governor's proposed annual budget a description of any budget
10889+5 proposals or other activities, ongoing projects, and plans of
10890+6 the executive branch designed to meet the goals and objectives
10891+7 of the strategic plan and any other information related to the
10892+8 proposed annual budget that the Director of the Governor's
10893+9 Office of Management and Budget believes furthers the goals
10894+10 and objectives of the strategic plan. The information shall
10895+11 include the following:
10896+12 (1) An accounting of the savings to the State from any
10897+13 increased efficiencies in the delivery of services.
10898+14 (2) Any savings realized from reducing the number of
10899+15 individuals living in poverty and reducing the demand for
10900+16 need-based services and benefits.
10901+17 (3) A projection of any increase in revenue
10902+18 collections due to any increase in the number of
10903+19 individuals who become employed and pay taxes into the
10904+20 State treasury.
10905+21 (4) Any other information related to the proposed
10906+22 annual budget that the Director of the Governor's Office
10907+23 of Management and Budget believes furthers the goals and
10908+24 objectives of the strategic plan.
10909+25 (Source: P.A. 101-636, eff. 6-10-20.)
10910+
10911+
10912+
10913+
10914+
10915+ HB4959 Enrolled - 306 - LRB103 36303 SPS 66401 b
10916+
10917+
10918+HB4959 Enrolled- 307 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 307 - LRB103 36303 SPS 66401 b
10919+ HB4959 Enrolled - 307 - LRB103 36303 SPS 66401 b
10920+1 Article 15.
10921+2 Section 15-5. The Illinois Pension Code is amended by
10922+3 changing Sections 2-134, 14-131, 15-165, 16-158, and 18-140 as
10923+4 follows:
10924+5 (40 ILCS 5/2-134) (from Ch. 108 1/2, par. 2-134)
10925+6 Sec. 2-134. To certify required State contributions and
10926+7 submit vouchers.
10927+8 (a) The Board shall certify to the Governor on or before
10928+9 December 15 of each year until December 15, 2011 the amount of
10929+10 the required State contribution to the System for the next
10930+11 fiscal year and shall specifically identify the System's
10931+12 projected State normal cost for that fiscal year. The
10932+13 certification shall include a copy of the actuarial
10933+14 recommendations upon which it is based and shall specifically
10934+15 identify the System's projected State normal cost for that
10935+16 fiscal year.
10936+17 On or before November 1 of each year, beginning November
10937+18 1, 2012, the Board shall submit to the State Actuary, the
10938+19 Governor, and the General Assembly a proposed certification of
10939+20 the amount of the required State contribution to the System
10940+21 for the next fiscal year, along with all of the actuarial
10941+22 assumptions, calculations, and data upon which that proposed
10942+23 certification is based. On or before January 1 of each year
10943+24 beginning January 1, 2013, the State Actuary shall issue a
10944+
10945+
10946+
10947+
10948+
10949+ HB4959 Enrolled - 307 - LRB103 36303 SPS 66401 b
10950+
10951+
10952+HB4959 Enrolled- 308 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 308 - LRB103 36303 SPS 66401 b
10953+ HB4959 Enrolled - 308 - LRB103 36303 SPS 66401 b
10954+1 preliminary report concerning the proposed certification and
10955+2 identifying, if necessary, recommended changes in actuarial
10956+3 assumptions that the Board must consider before finalizing its
10957+4 certification of the required State contributions. On or
10958+5 before January 15, 2013 and every January 15 thereafter, the
10959+6 Board shall certify to the Governor and the General Assembly
10960+7 the amount of the required State contribution for the next
10961+8 fiscal year. The Board's certification must note any
10962+9 deviations from the State Actuary's recommended changes, the
10963+10 reason or reasons for not following the State Actuary's
10964+11 recommended changes, and the fiscal impact of not following
10965+12 the State Actuary's recommended changes on the required State
10966+13 contribution.
10967+14 On or before May 1, 2004, the Board shall recalculate and
10968+15 recertify to the Governor the amount of the required State
10969+16 contribution to the System for State fiscal year 2005, taking
10970+17 into account the amounts appropriated to and received by the
10971+18 System under subsection (d) of Section 7.2 of the General
10972+19 Obligation Bond Act.
10973+20 On or before July 1, 2005, the Board shall recalculate and
10974+21 recertify to the Governor the amount of the required State
10975+22 contribution to the System for State fiscal year 2006, taking
10976+23 into account the changes in required State contributions made
10977+24 by this amendatory Act of the 94th General Assembly.
10978+25 On or before April 1, 2011, the Board shall recalculate
10979+26 and recertify to the Governor the amount of the required State
10980+
10981+
10982+
10983+
10984+
10985+ HB4959 Enrolled - 308 - LRB103 36303 SPS 66401 b
10986+
10987+
10988+HB4959 Enrolled- 309 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 309 - LRB103 36303 SPS 66401 b
10989+ HB4959 Enrolled - 309 - LRB103 36303 SPS 66401 b
10990+1 contribution to the System for State fiscal year 2011,
10991+2 applying the changes made by Public Act 96-889 to the System's
10992+3 assets and liabilities as of June 30, 2009 as though Public Act
10993+4 96-889 was approved on that date.
10994+5 By November 1, 2017, the Board shall recalculate and
10995+6 recertify to the State Actuary, the Governor, and the General
10996+7 Assembly the amount of the State contribution to the System
10997+8 for State fiscal year 2018, taking into account the changes in
10998+9 required State contributions made by this amendatory Act of
10999+10 the 100th General Assembly. The State Actuary shall review the
11000+11 assumptions and valuations underlying the Board's revised
11001+12 certification and issue a preliminary report concerning the
11002+13 proposed recertification and identifying, if necessary,
11003+14 recommended changes in actuarial assumptions that the Board
11004+15 must consider before finalizing its certification of the
11005+16 required State contributions. The Board's final certification
11006+17 must note any deviations from the State Actuary's recommended
11007+18 changes, the reason or reasons for not following the State
11008+19 Actuary's recommended changes, and the fiscal impact of not
11009+20 following the State Actuary's recommended changes on the
11010+21 required State contribution.
11011+22 (b) Unless otherwise directed by the Comptroller under
11012+23 subsection (b-1), Beginning in State fiscal year 1996, on or
11013+24 as soon as possible after the 15th day of each month the Board
11014+25 shall submit vouchers for payment of State contributions to
11015+26 the System for the applicable month on the 15th day of each
11016+
11017+
11018+
11019+
11020+
11021+ HB4959 Enrolled - 309 - LRB103 36303 SPS 66401 b
11022+
11023+
11024+HB4959 Enrolled- 310 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 310 - LRB103 36303 SPS 66401 b
11025+ HB4959 Enrolled - 310 - LRB103 36303 SPS 66401 b
11026+1 month, or as soon thereafter as may be practicable. The amount
11027+2 vouchered for a monthly payment shall total , in a total
11028+3 monthly amount of one-twelfth of the required annual State
11029+4 contribution certified under subsection (a).
11030+5 (b-1) Beginning in State fiscal year 2025, if the
11031+6 Comptroller requests that the Board submit, during a State
11032+7 fiscal year, vouchers for multiple monthly payments for
11033+8 advance payment of State contributions due to the System for
11034+9 that State fiscal year, then the Board shall submit those
11035+10 additional monthly vouchers as directed by the Comptroller,
11036+11 notwithstanding subsection (b). Unless an act of
11037+12 appropriations provides otherwise, nothing in this Section
11038+13 authorizes the Board to submit, in a State fiscal year,
11039+14 vouchers for the payment of State contributions to the System
11040+15 in an amount that exceeds the rate of payroll that is certified
11041+16 by the System under this Section for that State fiscal year.
11042+17 From the effective date of this amendatory Act of the 93rd
11043+18 General Assembly through June 30, 2004, the Board shall not
11044+19 submit vouchers for the remainder of fiscal year 2004 in
11045+20 excess of the fiscal year 2004 certified contribution amount
11046+21 determined under this Section after taking into consideration
11047+22 the transfer to the System under subsection (d) of Section
11048+23 6z-61 of the State Finance Act.
11049+24 (b-2) The These vouchers described in subsections (b) and
11050+25 (b-1) shall be paid by the State Comptroller and Treasurer by
11051+26 warrants drawn on the funds appropriated to the System for
11052+
11053+
11054+
11055+
11056+
11057+ HB4959 Enrolled - 310 - LRB103 36303 SPS 66401 b
11058+
11059+
11060+HB4959 Enrolled- 311 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 311 - LRB103 36303 SPS 66401 b
11061+ HB4959 Enrolled - 311 - LRB103 36303 SPS 66401 b
11062+1 that fiscal year.
11063+2 If in any month the amount remaining unexpended from all
11064+3 other appropriations to the System for the applicable fiscal
11065+4 year (including the appropriations to the System under Section
11066+5 8.12 of the State Finance Act and Section 1 of the State
11067+6 Pension Funds Continuing Appropriation Act) is less than the
11068+7 amount lawfully vouchered under this Section, the difference
11069+8 shall be paid from the General Revenue Fund under the
11070+9 continuing appropriation authority provided in Section 1.1 of
11071+10 the State Pension Funds Continuing Appropriation Act.
11072+11 (c) The full amount of any annual appropriation for the
11073+12 System for State fiscal year 1995 shall be transferred and
11074+13 made available to the System at the beginning of that fiscal
11075+14 year at the request of the Board. Any excess funds remaining at
11076+15 the end of any fiscal year from appropriations shall be
11077+16 retained by the System as a general reserve to meet the
11078+17 System's accrued liabilities.
11079+18 (Source: P.A. 100-23, eff. 7-6-17.)
11080+19 (40 ILCS 5/14-131)
11081+20 Sec. 14-131. Contributions by State.
11082+21 (a) The State shall make contributions to the System by
11083+22 appropriations of amounts which, together with other employer
11084+23 contributions from trust, federal, and other funds, employee
11085+24 contributions, investment income, and other income, will be
11086+25 sufficient to meet the cost of maintaining and administering
11087+
11088+
11089+
11090+
11091+
11092+ HB4959 Enrolled - 311 - LRB103 36303 SPS 66401 b
11093+
11094+
11095+HB4959 Enrolled- 312 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 312 - LRB103 36303 SPS 66401 b
11096+ HB4959 Enrolled - 312 - LRB103 36303 SPS 66401 b
11097+1 the System on a 90% funded basis in accordance with actuarial
11098+2 recommendations.
11099+3 For the purposes of this Section and Section 14-135.08,
11100+4 references to State contributions refer only to employer
11101+5 contributions and do not include employee contributions that
11102+6 are picked up or otherwise paid by the State or a department on
11103+7 behalf of the employee.
11104+8 (b) The Board shall determine the total amount of State
11105+9 contributions required for each fiscal year on the basis of
11106+10 the actuarial tables and other assumptions adopted by the
11107+11 Board, using the formula in subsection (e).
11108+12 The Board shall also determine a State contribution rate
11109+13 for each fiscal year, expressed as a percentage of payroll,
11110+14 based on the total required State contribution for that fiscal
11111+15 year (less the amount received by the System from
11112+16 appropriations under Section 8.12 of the State Finance Act and
11113+17 Section 1 of the State Pension Funds Continuing Appropriation
11114+18 Act, if any, for the fiscal year ending on the June 30
11115+19 immediately preceding the applicable November 15 certification
11116+20 deadline), the estimated payroll (including all forms of
11117+21 compensation) for personal services rendered by eligible
11118+22 employees, and the recommendations of the actuary.
11119+23 For the purposes of this Section and Section 14.1 of the
11120+24 State Finance Act, the term "eligible employees" includes
11121+25 employees who participate in the System, persons who may elect
11122+26 to participate in the System but have not so elected, persons
11123+
11124+
11125+
11126+
11127+
11128+ HB4959 Enrolled - 312 - LRB103 36303 SPS 66401 b
11129+
11130+
11131+HB4959 Enrolled- 313 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 313 - LRB103 36303 SPS 66401 b
11132+ HB4959 Enrolled - 313 - LRB103 36303 SPS 66401 b
11133+1 who are serving a qualifying period that is required for
11134+2 participation, and annuitants employed by a department as
11135+3 described in subdivision (a)(1) or (a)(2) of Section 14-111.
11136+4 (c) Contributions shall be made by the several departments
11137+5 for each pay period by warrants drawn by the State Comptroller
11138+6 against their respective funds or appropriations based upon
11139+7 vouchers stating the amount to be so contributed. These
11140+8 amounts shall be based on the full rate certified by the Board
11141+9 under Section 14-135.08 for that fiscal year. From March 5,
11142+10 2004 (the effective date of Public Act 93-665) through the
11143+11 payment of the final payroll from fiscal year 2004
11144+12 appropriations, the several departments shall not make
11145+13 contributions for the remainder of fiscal year 2004 but shall
11146+14 instead make payments as required under subsection (a-1) of
11147+15 Section 14.1 of the State Finance Act. The several departments
11148+16 shall resume those contributions at the commencement of fiscal
11149+17 year 2005.
11150+18 (c-1) Notwithstanding subsection (c) of this Section, for
11151+19 fiscal years 2010, 2012, and each fiscal year thereafter,
11152+20 contributions by the several departments are not required to
11153+21 be made for General Revenue Funds payrolls processed by the
11154+22 Comptroller. Payrolls paid by the several departments from all
11155+23 other State funds must continue to be processed pursuant to
11156+24 subsection (c) of this Section.
11157+25 (c-2) Unless otherwise directed by the Comptroller under
11158+26 subsection (c-3), For State fiscal years 2010, 2012, and each
11159+
11160+
11161+
11162+
11163+
11164+ HB4959 Enrolled - 313 - LRB103 36303 SPS 66401 b
11165+
11166+
11167+HB4959 Enrolled- 314 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 314 - LRB103 36303 SPS 66401 b
11168+ HB4959 Enrolled - 314 - LRB103 36303 SPS 66401 b
11169+1 fiscal year thereafter, on or as soon as possible after the
11170+2 15th day of each month, the Board shall submit vouchers for
11171+3 payment of State contributions to the System for the
11172+4 applicable month on the 15th day of each month, or as soon
11173+5 thereafter as may be practicable. The amount vouchered for a
11174+6 monthly payment shall total , in a total monthly amount of
11175+7 one-twelfth of the fiscal year General Revenue Fund
11176+8 contribution as certified by the System pursuant to Section
11177+9 14-135.08 of this the Illinois Pension Code.
11178+10 (c-3) Beginning in State fiscal year 2025, if the
11179+11 Comptroller requests that the Board submit, during a State
11180+12 fiscal year, vouchers for multiple monthly payments for
11181+13 advance payment of State contributions due to the System for
11182+14 that State fiscal year, then the Board shall submit those
11183+15 additional vouchers as directed by the Comptroller,
11184+16 notwithstanding subsection (c-2). Unless an act of
11185+17 appropriations provides otherwise, nothing in this Section
11186+18 authorizes the Board to submit, in a State fiscal year,
11187+19 vouchers for the payment of State contributions to the System
11188+20 in an amount that exceeds the rate of payroll that is certified
11189+21 by the System under Section 14-135.08 for that State fiscal
11190+22 year.
11191+23 (d) If an employee is paid from trust funds or federal
11192+24 funds, the department or other employer shall pay employer
11193+25 contributions from those funds to the System at the certified
11194+26 rate, unless the terms of the trust or the federal-State
11195+
11196+
11197+
11198+
11199+
11200+ HB4959 Enrolled - 314 - LRB103 36303 SPS 66401 b
11201+
11202+
11203+HB4959 Enrolled- 315 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 315 - LRB103 36303 SPS 66401 b
11204+ HB4959 Enrolled - 315 - LRB103 36303 SPS 66401 b
11205+1 agreement preclude the use of the funds for that purpose, in
11206+2 which case the required employer contributions shall be paid
11207+3 by the State.
11208+4 (e) For State fiscal years 2012 through 2045, the minimum
11209+5 contribution to the System to be made by the State for each
11210+6 fiscal year shall be an amount determined by the System to be
11211+7 sufficient to bring the total assets of the System up to 90% of
11212+8 the total actuarial liabilities of the System by the end of
11213+9 State fiscal year 2045. In making these determinations, the
11214+10 required State contribution shall be calculated each year as a
11215+11 level percentage of payroll over the years remaining to and
11216+12 including fiscal year 2045 and shall be determined under the
11217+13 projected unit credit actuarial cost method.
11218+14 A change in an actuarial or investment assumption that
11219+15 increases or decreases the required State contribution and
11220+16 first applies in State fiscal year 2018 or thereafter shall be
11221+17 implemented in equal annual amounts over a 5-year period
11222+18 beginning in the State fiscal year in which the actuarial
11223+19 change first applies to the required State contribution.
11224+20 A change in an actuarial or investment assumption that
11225+21 increases or decreases the required State contribution and
11226+22 first applied to the State contribution in fiscal year 2014,
11227+23 2015, 2016, or 2017 shall be implemented:
11228+24 (i) as already applied in State fiscal years before
11229+25 2018; and
11230+26 (ii) in the portion of the 5-year period beginning in
11231+
11232+
11233+
11234+
11235+
11236+ HB4959 Enrolled - 315 - LRB103 36303 SPS 66401 b
11237+
11238+
11239+HB4959 Enrolled- 316 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 316 - LRB103 36303 SPS 66401 b
11240+ HB4959 Enrolled - 316 - LRB103 36303 SPS 66401 b
11241+1 the State fiscal year in which the actuarial change first
11242+2 applied that occurs in State fiscal year 2018 or
11243+3 thereafter, by calculating the change in equal annual
11244+4 amounts over that 5-year period and then implementing it
11245+5 at the resulting annual rate in each of the remaining
11246+6 fiscal years in that 5-year period.
11247+7 For State fiscal years 1996 through 2005, the State
11248+8 contribution to the System, as a percentage of the applicable
11249+9 employee payroll, shall be increased in equal annual
11250+10 increments so that by State fiscal year 2011, the State is
11251+11 contributing at the rate required under this Section; except
11252+12 that (i) for State fiscal year 1998, for all purposes of this
11253+13 Code and any other law of this State, the certified percentage
11254+14 of the applicable employee payroll shall be 5.052% for
11255+15 employees earning eligible creditable service under Section
11256+16 14-110 and 6.500% for all other employees, notwithstanding any
11257+17 contrary certification made under Section 14-135.08 before
11258+18 July 7, 1997 (the effective date of Public Act 90-65), and (ii)
11259+19 in the following specified State fiscal years, the State
11260+20 contribution to the System shall not be less than the
11261+21 following indicated percentages of the applicable employee
11262+22 payroll, even if the indicated percentage will produce a State
11263+23 contribution in excess of the amount otherwise required under
11264+24 this subsection and subsection (a): 9.8% in FY 1999; 10.0% in
11265+25 FY 2000; 10.2% in FY 2001; 10.4% in FY 2002; 10.6% in FY 2003;
11266+26 and 10.8% in FY 2004.
11267+
11268+
11269+
11270+
11271+
11272+ HB4959 Enrolled - 316 - LRB103 36303 SPS 66401 b
11273+
11274+
11275+HB4959 Enrolled- 317 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 317 - LRB103 36303 SPS 66401 b
11276+ HB4959 Enrolled - 317 - LRB103 36303 SPS 66401 b
11277+1 Beginning in State fiscal year 2046, the minimum State
11278+2 contribution for each fiscal year shall be the amount needed
11279+3 to maintain the total assets of the System at 90% of the total
11280+4 actuarial liabilities of the System.
11281+5 Amounts received by the System pursuant to Section 25 of
11282+6 the Budget Stabilization Act or Section 8.12 of the State
11283+7 Finance Act in any fiscal year do not reduce and do not
11284+8 constitute payment of any portion of the minimum State
11285+9 contribution required under this Article in that fiscal year.
11286+10 Such amounts shall not reduce, and shall not be included in the
11287+11 calculation of, the required State contributions under this
11288+12 Article in any future year until the System has reached a
11289+13 funding ratio of at least 90%. A reference in this Article to
11290+14 the "required State contribution" or any substantially similar
11291+15 term does not include or apply to any amounts payable to the
11292+16 System under Section 25 of the Budget Stabilization Act.
11293+17 Notwithstanding any other provision of this Section, the
11294+18 required State contribution for State fiscal year 2005 and for
11295+19 fiscal year 2008 and each fiscal year thereafter, as
11296+20 calculated under this Section and certified under Section
11297+21 14-135.08, shall not exceed an amount equal to (i) the amount
11298+22 of the required State contribution that would have been
11299+23 calculated under this Section for that fiscal year if the
11300+24 System had not received any payments under subsection (d) of
11301+25 Section 7.2 of the General Obligation Bond Act, minus (ii) the
11302+26 portion of the State's total debt service payments for that
11303+
11304+
11305+
11306+
11307+
11308+ HB4959 Enrolled - 317 - LRB103 36303 SPS 66401 b
11309+
11310+
11311+HB4959 Enrolled- 318 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 318 - LRB103 36303 SPS 66401 b
11312+ HB4959 Enrolled - 318 - LRB103 36303 SPS 66401 b
11313+1 fiscal year on the bonds issued in fiscal year 2003 for the
11314+2 purposes of that Section 7.2, as determined and certified by
11315+3 the Comptroller, that is the same as the System's portion of
11316+4 the total moneys distributed under subsection (d) of Section
11317+5 7.2 of the General Obligation Bond Act.
11318+6 (f) (Blank).
11319+7 (g) For purposes of determining the required State
11320+8 contribution to the System, the value of the System's assets
11321+9 shall be equal to the actuarial value of the System's assets,
11322+10 which shall be calculated as follows:
11323+11 As of June 30, 2008, the actuarial value of the System's
11324+12 assets shall be equal to the market value of the assets as of
11325+13 that date. In determining the actuarial value of the System's
11326+14 assets for fiscal years after June 30, 2008, any actuarial
11327+15 gains or losses from investment return incurred in a fiscal
11328+16 year shall be recognized in equal annual amounts over the
11329+17 5-year period following that fiscal year.
11330+18 (h) For purposes of determining the required State
11331+19 contribution to the System for a particular year, the
11332+20 actuarial value of assets shall be assumed to earn a rate of
11333+21 return equal to the System's actuarially assumed rate of
11334+22 return.
11335+23 (i) (Blank).
11336+24 (j) (Blank).
11337+25 (k) For fiscal year 2012 and each fiscal year thereafter,
11338+26 after the submission of all payments for eligible employees
11339+
11340+
11341+
11342+
11343+
11344+ HB4959 Enrolled - 318 - LRB103 36303 SPS 66401 b
11345+
11346+
11347+HB4959 Enrolled- 319 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 319 - LRB103 36303 SPS 66401 b
11348+ HB4959 Enrolled - 319 - LRB103 36303 SPS 66401 b
11349+1 from personal services line items paid from the General
11350+2 Revenue Fund in the fiscal year have been made, the
11351+3 Comptroller shall provide to the System a certification of the
11352+4 sum of all expenditures in the fiscal year for personal
11353+5 services. Upon receipt of the certification, the System shall
11354+6 determine the amount due to the System based on the full rate
11355+7 certified by the Board under Section 14-135.08 for the fiscal
11356+8 year in order to meet the State's obligation under this
11357+9 Section. The System shall compare this amount due to the
11358+10 amount received by the System for the fiscal year. If the
11359+11 amount due is more than the amount received, the difference
11360+12 shall be termed the "Prior Fiscal Year Shortfall" for purposes
11361+13 of this Section, and the Prior Fiscal Year Shortfall shall be
11362+14 satisfied under Section 1.2 of the State Pension Funds
11363+15 Continuing Appropriation Act. If the amount due is less than
11364+16 the amount received, the difference shall be termed the "Prior
11365+17 Fiscal Year Overpayment" for purposes of this Section, and the
11366+18 Prior Fiscal Year Overpayment shall be repaid by the System to
11367+19 the General Revenue Fund as soon as practicable after the
11368+20 certification.
11369+21 (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
11370+22 101-10, eff. 6-5-19.)
11371+23 (40 ILCS 5/15-165) (from Ch. 108 1/2, par. 15-165)
11372+24 Sec. 15-165. To certify amounts and submit vouchers.
11373+25 (a) The Board shall certify to the Governor on or before
11374+
11375+
11376+
11377+
11378+
11379+ HB4959 Enrolled - 319 - LRB103 36303 SPS 66401 b
11380+
11381+
11382+HB4959 Enrolled- 320 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 320 - LRB103 36303 SPS 66401 b
11383+ HB4959 Enrolled - 320 - LRB103 36303 SPS 66401 b
11384+1 November 15 of each year until November 15, 2011 the
11385+2 appropriation required from State funds for the purposes of
11386+3 this System for the following fiscal year. The certification
11387+4 under this subsection (a) shall include a copy of the
11388+5 actuarial recommendations upon which it is based and shall
11389+6 specifically identify the System's projected State normal cost
11390+7 for that fiscal year and the projected State cost for the
11391+8 self-managed plan for that fiscal year.
11392+9 On or before May 1, 2004, the Board shall recalculate and
11393+10 recertify to the Governor the amount of the required State
11394+11 contribution to the System for State fiscal year 2005, taking
11395+12 into account the amounts appropriated to and received by the
11396+13 System under subsection (d) of Section 7.2 of the General
11397+14 Obligation Bond Act.
11398+15 On or before July 1, 2005, the Board shall recalculate and
11399+16 recertify to the Governor the amount of the required State
11400+17 contribution to the System for State fiscal year 2006, taking
11401+18 into account the changes in required State contributions made
11402+19 by this amendatory Act of the 94th General Assembly.
11403+20 On or before April 1, 2011, the Board shall recalculate
11404+21 and recertify to the Governor the amount of the required State
11405+22 contribution to the System for State fiscal year 2011,
11406+23 applying the changes made by Public Act 96-889 to the System's
11407+24 assets and liabilities as of June 30, 2009 as though Public Act
11408+25 96-889 was approved on that date.
11409+26 (a-5) On or before November 1 of each year, beginning
11410+
11411+
11412+
11413+
11414+
11415+ HB4959 Enrolled - 320 - LRB103 36303 SPS 66401 b
11416+
11417+
11418+HB4959 Enrolled- 321 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 321 - LRB103 36303 SPS 66401 b
11419+ HB4959 Enrolled - 321 - LRB103 36303 SPS 66401 b
11420+1 November 1, 2012, the Board shall submit to the State Actuary,
11421+2 the Governor, and the General Assembly a proposed
11422+3 certification of the amount of the required State contribution
11423+4 to the System for the next fiscal year, along with all of the
11424+5 actuarial assumptions, calculations, and data upon which that
11425+6 proposed certification is based. On or before January 1 of
11426+7 each year, beginning January 1, 2013, the State Actuary shall
11427+8 issue a preliminary report concerning the proposed
11428+9 certification and identifying, if necessary, recommended
11429+10 changes in actuarial assumptions that the Board must consider
11430+11 before finalizing its certification of the required State
11431+12 contributions. On or before January 15, 2013 and each January
11432+13 15 thereafter, the Board shall certify to the Governor and the
11433+14 General Assembly the amount of the required State contribution
11434+15 for the next fiscal year. The Board's certification must note,
11435+16 in a written response to the State Actuary, any deviations
11436+17 from the State Actuary's recommended changes, the reason or
11437+18 reasons for not following the State Actuary's recommended
11438+19 changes, and the fiscal impact of not following the State
11439+20 Actuary's recommended changes on the required State
11440+21 contribution.
11441+22 (a-10) By November 1, 2017, the Board shall recalculate
11442+23 and recertify to the State Actuary, the Governor, and the
11443+24 General Assembly the amount of the State contribution to the
11444+25 System for State fiscal year 2018, taking into account the
11445+26 changes in required State contributions made by this
11446+
11447+
11448+
11449+
11450+
11451+ HB4959 Enrolled - 321 - LRB103 36303 SPS 66401 b
11452+
11453+
11454+HB4959 Enrolled- 322 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 322 - LRB103 36303 SPS 66401 b
11455+ HB4959 Enrolled - 322 - LRB103 36303 SPS 66401 b
11456+1 amendatory Act of the 100th General Assembly. The State
11457+2 Actuary shall review the assumptions and valuations underlying
11458+3 the Board's revised certification and issue a preliminary
11459+4 report concerning the proposed recertification and
11460+5 identifying, if necessary, recommended changes in actuarial
11461+6 assumptions that the Board must consider before finalizing its
11462+7 certification of the required State contributions. The Board's
11463+8 final certification must note any deviations from the State
11464+9 Actuary's recommended changes, the reason or reasons for not
11465+10 following the State Actuary's recommended changes, and the
11466+11 fiscal impact of not following the State Actuary's recommended
11467+12 changes on the required State contribution.
11468+13 (a-15) On or after June 15, 2019, but no later than June
11469+14 30, 2019, the Board shall recalculate and recertify to the
11470+15 Governor and the General Assembly the amount of the State
11471+16 contribution to the System for State fiscal year 2019, taking
11472+17 into account the changes in required State contributions made
11473+18 by this amendatory Act of the 100th General Assembly. The
11474+19 recalculation shall be made using assumptions adopted by the
11475+20 Board for the original fiscal year 2019 certification. The
11476+21 monthly voucher for the 12th month of fiscal year 2019 shall be
11477+22 paid by the Comptroller after the recertification required
11478+23 pursuant to this subsection is submitted to the Governor,
11479+24 Comptroller, and General Assembly. The recertification
11480+25 submitted to the General Assembly shall be filed with the
11481+26 Clerk of the House of Representatives and the Secretary of the
11482+
11483+
11484+
11485+
11486+
11487+ HB4959 Enrolled - 322 - LRB103 36303 SPS 66401 b
11488+
11489+
11490+HB4959 Enrolled- 323 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 323 - LRB103 36303 SPS 66401 b
11491+ HB4959 Enrolled - 323 - LRB103 36303 SPS 66401 b
11492+1 Senate in electronic form only, in the manner that the Clerk
11493+2 and the Secretary shall direct.
11494+3 (b) The Board shall certify to the State Comptroller or
11495+4 employer, as the case may be, from time to time, by its
11496+5 chairperson and secretary, with its seal attached, the amounts
11497+6 payable to the System from the various funds.
11498+7 (c) Unless otherwise directed by the Comptroller under
11499+8 subsection (c-1), Beginning in State fiscal year 1996, on or
11500+9 as soon as possible after the 15th day of each month the Board
11501+10 shall submit vouchers for payment of State contributions to
11502+11 the System for the applicable month on the 15th day of each
11503+12 month, or as soon thereafter as may be practicable. The amount
11504+13 vouchered for a monthly payment shall total , in a total
11505+14 monthly amount of one-twelfth of the required annual State
11506+15 contribution certified under subsection (a).
11507+16 (c-1) Beginning in State fiscal year 2025, if the
11508+17 Comptroller requests that the Board submit, during a State
11509+18 fiscal year, vouchers for multiple monthly payments for
11510+19 advance payment of State contributions due to the System for
11511+20 that State fiscal year, then the Board shall submit those
11512+21 additional vouchers as directed by the Comptroller,
11513+22 notwithstanding subsection (c). Unless an act of
11514+23 appropriations provides otherwise, nothing in this Section
11515+24 authorizes the Board to submit, in a State fiscal year,
11516+25 vouchers for the payment of State contributions to the System
11517+26 in an amount that exceeds the annual certified contribution
11518+
11519+
11520+
11521+
11522+
11523+ HB4959 Enrolled - 323 - LRB103 36303 SPS 66401 b
11524+
11525+
11526+HB4959 Enrolled- 324 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 324 - LRB103 36303 SPS 66401 b
11527+ HB4959 Enrolled - 324 - LRB103 36303 SPS 66401 b
11528+1 for the System under this Section for that State fiscal year.
11529+2 From the effective date of this amendatory Act of the 93rd
11530+3 General Assembly through June 30, 2004, the Board shall not
11531+4 submit vouchers for the remainder of fiscal year 2004 in
11532+5 excess of the fiscal year 2004 certified contribution amount
11533+6 determined under this Section after taking into consideration
11534+7 the transfer to the System under subsection (b) of Section
11535+8 6z-61 of the State Finance Act.
11536+9 (c-2) The These vouchers described in subsections (c) and
11537+10 (c-1) shall be paid by the State Comptroller and Treasurer by
11538+11 warrants drawn on the funds appropriated to the System for
11539+12 that fiscal year.
11540+13 If in any month the amount remaining unexpended from all
11541+14 other appropriations to the System for the applicable fiscal
11542+15 year (including the appropriations to the System under Section
11543+16 8.12 of the State Finance Act and Section 1 of the State
11544+17 Pension Funds Continuing Appropriation Act) is less than the
11545+18 amount lawfully vouchered under this Section, the difference
11546+19 shall be paid from the General Revenue Fund under the
11547+20 continuing appropriation authority provided in Section 1.1 of
11548+21 the State Pension Funds Continuing Appropriation Act.
11549+22 (d) So long as the payments received are the full amount
11550+23 lawfully vouchered under this Section, payments received by
11551+24 the System under this Section shall be applied first toward
11552+25 the employer contribution to the self-managed plan established
11553+26 under Section 15-158.2. Payments shall be applied second
11554+
11555+
11556+
11557+
11558+
11559+ HB4959 Enrolled - 324 - LRB103 36303 SPS 66401 b
11560+
11561+
11562+HB4959 Enrolled- 325 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 325 - LRB103 36303 SPS 66401 b
11563+ HB4959 Enrolled - 325 - LRB103 36303 SPS 66401 b
11564+1 toward the employer's portion of the normal costs of the
11565+2 System, as defined in subsection (f) of Section 15-155. The
11566+3 balance shall be applied toward the unfunded actuarial
11567+4 liabilities of the System.
11568+5 (e) In the event that the System does not receive, as a
11569+6 result of legislative enactment or otherwise, payments
11570+7 sufficient to fully fund the employer contribution to the
11571+8 self-managed plan established under Section 15-158.2 and to
11572+9 fully fund that portion of the employer's portion of the
11573+10 normal costs of the System, as calculated in accordance with
11574+11 Section 15-155(a-1), then any payments received shall be
11575+12 applied proportionately to the optional retirement program
11576+13 established under Section 15-158.2 and to the employer's
11577+14 portion of the normal costs of the System, as calculated in
11578+15 accordance with Section 15-155(a-1).
11579+16 (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
11580+17 (40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158)
11581+18 Sec. 16-158. Contributions by State and other employing
11582+19 units.
11583+20 (a) The State shall make contributions to the System by
11584+21 means of appropriations from the Common School Fund and other
11585+22 State funds of amounts which, together with other employer
11586+23 contributions, employee contributions, investment income, and
11587+24 other income, will be sufficient to meet the cost of
11588+25 maintaining and administering the System on a 90% funded basis
11589+
11590+
11591+
11592+
11593+
11594+ HB4959 Enrolled - 325 - LRB103 36303 SPS 66401 b
11595+
11596+
11597+HB4959 Enrolled- 326 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 326 - LRB103 36303 SPS 66401 b
11598+ HB4959 Enrolled - 326 - LRB103 36303 SPS 66401 b
11599+1 in accordance with actuarial recommendations.
11600+2 The Board shall determine the amount of State
11601+3 contributions required for each fiscal year on the basis of
11602+4 the actuarial tables and other assumptions adopted by the
11603+5 Board and the recommendations of the actuary, using the
11604+6 formula in subsection (b-3).
11605+7 (a-1) Annually, on or before November 15 until November
11606+8 15, 2011, the Board shall certify to the Governor the amount of
11607+9 the required State contribution for the coming fiscal year.
11608+10 The certification under this subsection (a-1) shall include a
11609+11 copy of the actuarial recommendations upon which it is based
11610+12 and shall specifically identify the System's projected State
11611+13 normal cost for that fiscal year.
11612+14 On or before May 1, 2004, the Board shall recalculate and
11613+15 recertify to the Governor the amount of the required State
11614+16 contribution to the System for State fiscal year 2005, taking
11615+17 into account the amounts appropriated to and received by the
11616+18 System under subsection (d) of Section 7.2 of the General
11617+19 Obligation Bond Act.
11618+20 On or before July 1, 2005, the Board shall recalculate and
11619+21 recertify to the Governor the amount of the required State
11620+22 contribution to the System for State fiscal year 2006, taking
11621+23 into account the changes in required State contributions made
11622+24 by Public Act 94-4.
11623+25 On or before April 1, 2011, the Board shall recalculate
11624+26 and recertify to the Governor the amount of the required State
11625+
11626+
11627+
11628+
11629+
11630+ HB4959 Enrolled - 326 - LRB103 36303 SPS 66401 b
11631+
11632+
11633+HB4959 Enrolled- 327 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 327 - LRB103 36303 SPS 66401 b
11634+ HB4959 Enrolled - 327 - LRB103 36303 SPS 66401 b
11635+1 contribution to the System for State fiscal year 2011,
11636+2 applying the changes made by Public Act 96-889 to the System's
11637+3 assets and liabilities as of June 30, 2009 as though Public Act
11638+4 96-889 was approved on that date.
11639+5 (a-5) On or before November 1 of each year, beginning
11640+6 November 1, 2012, the Board shall submit to the State Actuary,
11641+7 the Governor, and the General Assembly a proposed
11642+8 certification of the amount of the required State contribution
11643+9 to the System for the next fiscal year, along with all of the
11644+10 actuarial assumptions, calculations, and data upon which that
11645+11 proposed certification is based. On or before January 1 of
11646+12 each year, beginning January 1, 2013, the State Actuary shall
11647+13 issue a preliminary report concerning the proposed
11648+14 certification and identifying, if necessary, recommended
11649+15 changes in actuarial assumptions that the Board must consider
11650+16 before finalizing its certification of the required State
11651+17 contributions. On or before January 15, 2013 and each January
11652+18 15 thereafter, the Board shall certify to the Governor and the
11653+19 General Assembly the amount of the required State contribution
11654+20 for the next fiscal year. The Board's certification must note
11655+21 any deviations from the State Actuary's recommended changes,
11656+22 the reason or reasons for not following the State Actuary's
11657+23 recommended changes, and the fiscal impact of not following
11658+24 the State Actuary's recommended changes on the required State
11659+25 contribution.
11660+26 (a-10) By November 1, 2017, the Board shall recalculate
11661+
11662+
11663+
11664+
11665+
11666+ HB4959 Enrolled - 327 - LRB103 36303 SPS 66401 b
11667+
11668+
11669+HB4959 Enrolled- 328 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 328 - LRB103 36303 SPS 66401 b
11670+ HB4959 Enrolled - 328 - LRB103 36303 SPS 66401 b
11671+1 and recertify to the State Actuary, the Governor, and the
11672+2 General Assembly the amount of the State contribution to the
11673+3 System for State fiscal year 2018, taking into account the
11674+4 changes in required State contributions made by Public Act
11675+5 100-23. The State Actuary shall review the assumptions and
11676+6 valuations underlying the Board's revised certification and
11677+7 issue a preliminary report concerning the proposed
11678+8 recertification and identifying, if necessary, recommended
11679+9 changes in actuarial assumptions that the Board must consider
11680+10 before finalizing its certification of the required State
11681+11 contributions. The Board's final certification must note any
11682+12 deviations from the State Actuary's recommended changes, the
11683+13 reason or reasons for not following the State Actuary's
11684+14 recommended changes, and the fiscal impact of not following
11685+15 the State Actuary's recommended changes on the required State
11686+16 contribution.
11687+17 (a-15) On or after June 15, 2019, but no later than June
11688+18 30, 2019, the Board shall recalculate and recertify to the
11689+19 Governor and the General Assembly the amount of the State
11690+20 contribution to the System for State fiscal year 2019, taking
11691+21 into account the changes in required State contributions made
11692+22 by Public Act 100-587. The recalculation shall be made using
11693+23 assumptions adopted by the Board for the original fiscal year
11694+24 2019 certification. The monthly voucher for the 12th month of
11695+25 fiscal year 2019 shall be paid by the Comptroller after the
11696+26 recertification required pursuant to this subsection is
11697+
11698+
11699+
11700+
11701+
11702+ HB4959 Enrolled - 328 - LRB103 36303 SPS 66401 b
11703+
11704+
11705+HB4959 Enrolled- 329 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 329 - LRB103 36303 SPS 66401 b
11706+ HB4959 Enrolled - 329 - LRB103 36303 SPS 66401 b
11707+1 submitted to the Governor, Comptroller, and General Assembly.
11708+2 The recertification submitted to the General Assembly shall be
11709+3 filed with the Clerk of the House of Representatives and the
11710+4 Secretary of the Senate in electronic form only, in the manner
11711+5 that the Clerk and the Secretary shall direct.
11712+6 (b) Through State fiscal year 1995, the State
11713+7 contributions shall be paid to the System in accordance with
11714+8 Section 18-7 of the School Code.
11715+9 (b-1) Unless otherwise directed by the Comptroller under
11716+10 subsection (b-1.1), Beginning in State fiscal year 1996, on
11717+11 the 15th day of each month, or as soon thereafter as may be
11718+12 practicable, the Board shall submit vouchers for payment of
11719+13 State contributions to the System for the applicable month on
11720+14 the 15th day of each month, or as soon thereafter as may be
11721+15 practicable. The amount vouchered for a monthly payment shall
11722+16 total , in a total monthly amount of one-twelfth of the
11723+17 required annual State contribution certified under subsection
11724+18 (a-1).
11725+19 (b-1.1) Beginning in State fiscal year 2025, if the
11726+20 Comptroller requests that the Board submit, during a State
11727+21 fiscal year, vouchers for multiple monthly payments for the
11728+22 advance payment of State contributions due to the System for
11729+23 that State fiscal year, then the Board shall submit those
11730+24 additional vouchers as directed by the Comptroller,
11731+25 notwithstanding subsection (b-1). Unless an act of
11732+26 appropriations provides otherwise, nothing in this Section
11733+
11734+
11735+
11736+
11737+
11738+ HB4959 Enrolled - 329 - LRB103 36303 SPS 66401 b
11739+
11740+
11741+HB4959 Enrolled- 330 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 330 - LRB103 36303 SPS 66401 b
11742+ HB4959 Enrolled - 330 - LRB103 36303 SPS 66401 b
11743+1 authorizes the Board to submit, in a State fiscal year,
11744+2 vouchers for the payment of State contributions to the System
11745+3 in an amount that exceeds the rate of payroll that is certified
11746+4 by the System under this Section for that State fiscal year.
11747+5 From March 5, 2004 (the effective date of Public Act
11748+6 93-665) through June 30, 2004, the Board shall not submit
11749+7 vouchers for the remainder of fiscal year 2004 in excess of the
11750+8 fiscal year 2004 certified contribution amount determined
11751+9 under this Section after taking into consideration the
11752+10 transfer to the System under subsection (a) of Section 6z-61
11753+11 of the State Finance Act.
11754+12 (b-1.2) The These vouchers described in subsections (b-1)
11755+13 and (b-1.1) shall be paid by the State Comptroller and
11756+14 Treasurer by warrants drawn on the funds appropriated to the
11757+15 System for that fiscal year.
11758+16 If in any month the amount remaining unexpended from all
11759+17 other appropriations to the System for the applicable fiscal
11760+18 year (including the appropriations to the System under Section
11761+19 8.12 of the State Finance Act and Section 1 of the State
11762+20 Pension Funds Continuing Appropriation Act) is less than the
11763+21 amount lawfully vouchered under this subsection, the
11764+22 difference shall be paid from the Common School Fund under the
11765+23 continuing appropriation authority provided in Section 1.1 of
11766+24 the State Pension Funds Continuing Appropriation Act.
11767+25 (b-2) Allocations from the Common School Fund apportioned
11768+26 to school districts not coming under this System shall not be
11769+
11770+
11771+
11772+
11773+
11774+ HB4959 Enrolled - 330 - LRB103 36303 SPS 66401 b
11775+
11776+
11777+HB4959 Enrolled- 331 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 331 - LRB103 36303 SPS 66401 b
11778+ HB4959 Enrolled - 331 - LRB103 36303 SPS 66401 b
11779+1 diminished or affected by the provisions of this Article.
11780+2 (b-3) For State fiscal years 2012 through 2045, the
11781+3 minimum contribution to the System to be made by the State for
11782+4 each fiscal year shall be an amount determined by the System to
11783+5 be sufficient to bring the total assets of the System up to 90%
11784+6 of the total actuarial liabilities of the System by the end of
11785+7 State fiscal year 2045. In making these determinations, the
11786+8 required State contribution shall be calculated each year as a
11787+9 level percentage of payroll over the years remaining to and
11788+10 including fiscal year 2045 and shall be determined under the
11789+11 projected unit credit actuarial cost method.
11790+12 For each of State fiscal years 2018, 2019, and 2020, the
11791+13 State shall make an additional contribution to the System
11792+14 equal to 2% of the total payroll of each employee who is deemed
11793+15 to have elected the benefits under Section 1-161 or who has
11794+16 made the election under subsection (c) of Section 1-161.
11795+17 A change in an actuarial or investment assumption that
11796+18 increases or decreases the required State contribution and
11797+19 first applies in State fiscal year 2018 or thereafter shall be
11798+20 implemented in equal annual amounts over a 5-year period
11799+21 beginning in the State fiscal year in which the actuarial
11800+22 change first applies to the required State contribution.
11801+23 A change in an actuarial or investment assumption that
11802+24 increases or decreases the required State contribution and
11803+25 first applied to the State contribution in fiscal year 2014,
11804+26 2015, 2016, or 2017 shall be implemented:
11805+
11806+
11807+
11808+
11809+
11810+ HB4959 Enrolled - 331 - LRB103 36303 SPS 66401 b
11811+
11812+
11813+HB4959 Enrolled- 332 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 332 - LRB103 36303 SPS 66401 b
11814+ HB4959 Enrolled - 332 - LRB103 36303 SPS 66401 b
11815+1 (i) as already applied in State fiscal years before
11816+2 2018; and
11817+3 (ii) in the portion of the 5-year period beginning in
11818+4 the State fiscal year in which the actuarial change first
11819+5 applied that occurs in State fiscal year 2018 or
11820+6 thereafter, by calculating the change in equal annual
11821+7 amounts over that 5-year period and then implementing it
11822+8 at the resulting annual rate in each of the remaining
11823+9 fiscal years in that 5-year period.
11824+10 For State fiscal years 1996 through 2005, the State
11825+11 contribution to the System, as a percentage of the applicable
11826+12 employee payroll, shall be increased in equal annual
11827+13 increments so that by State fiscal year 2011, the State is
11828+14 contributing at the rate required under this Section; except
11829+15 that in the following specified State fiscal years, the State
11830+16 contribution to the System shall not be less than the
11831+17 following indicated percentages of the applicable employee
11832+18 payroll, even if the indicated percentage will produce a State
11833+19 contribution in excess of the amount otherwise required under
11834+20 this subsection and subsection (a), and notwithstanding any
11835+21 contrary certification made under subsection (a-1) before May
11836+22 27, 1998 (the effective date of Public Act 90-582): 10.02% in
11837+23 FY 1999; 10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY
11838+24 2002; 12.86% in FY 2003; and 13.56% in FY 2004.
11839+25 Notwithstanding any other provision of this Article, the
11840+26 total required State contribution for State fiscal year 2006
11841+
11842+
11843+
11844+
11845+
11846+ HB4959 Enrolled - 332 - LRB103 36303 SPS 66401 b
11847+
11848+
11849+HB4959 Enrolled- 333 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 333 - LRB103 36303 SPS 66401 b
11850+ HB4959 Enrolled - 333 - LRB103 36303 SPS 66401 b
11851+1 is $534,627,700.
11852+2 Notwithstanding any other provision of this Article, the
11853+3 total required State contribution for State fiscal year 2007
11854+4 is $738,014,500.
11855+5 For each of State fiscal years 2008 through 2009, the
11856+6 State contribution to the System, as a percentage of the
11857+7 applicable employee payroll, shall be increased in equal
11858+8 annual increments from the required State contribution for
11859+9 State fiscal year 2007, so that by State fiscal year 2011, the
11860+10 State is contributing at the rate otherwise required under
11861+11 this Section.
11862+12 Notwithstanding any other provision of this Article, the
11863+13 total required State contribution for State fiscal year 2010
11864+14 is $2,089,268,000 and shall be made from the proceeds of bonds
11865+15 sold in fiscal year 2010 pursuant to Section 7.2 of the General
11866+16 Obligation Bond Act, less (i) the pro rata share of bond sale
11867+17 expenses determined by the System's share of total bond
11868+18 proceeds, (ii) any amounts received from the Common School
11869+19 Fund in fiscal year 2010, and (iii) any reduction in bond
11870+20 proceeds due to the issuance of discounted bonds, if
11871+21 applicable.
11872+22 Notwithstanding any other provision of this Article, the
11873+23 total required State contribution for State fiscal year 2011
11874+24 is the amount recertified by the System on or before April 1,
11875+25 2011 pursuant to subsection (a-1) of this Section and shall be
11876+26 made from the proceeds of bonds sold in fiscal year 2011
11877+
11878+
11879+
11880+
11881+
11882+ HB4959 Enrolled - 333 - LRB103 36303 SPS 66401 b
11883+
11884+
11885+HB4959 Enrolled- 334 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 334 - LRB103 36303 SPS 66401 b
11886+ HB4959 Enrolled - 334 - LRB103 36303 SPS 66401 b
11887+1 pursuant to Section 7.2 of the General Obligation Bond Act,
11888+2 less (i) the pro rata share of bond sale expenses determined by
11889+3 the System's share of total bond proceeds, (ii) any amounts
11890+4 received from the Common School Fund in fiscal year 2011, and
11891+5 (iii) any reduction in bond proceeds due to the issuance of
11892+6 discounted bonds, if applicable. This amount shall include, in
11893+7 addition to the amount certified by the System, an amount
11894+8 necessary to meet employer contributions required by the State
11895+9 as an employer under paragraph (e) of this Section, which may
11896+10 also be used by the System for contributions required by
11897+11 paragraph (a) of Section 16-127.
11898+12 Beginning in State fiscal year 2046, the minimum State
11899+13 contribution for each fiscal year shall be the amount needed
11900+14 to maintain the total assets of the System at 90% of the total
11901+15 actuarial liabilities of the System.
11902+16 Amounts received by the System pursuant to Section 25 of
11903+17 the Budget Stabilization Act or Section 8.12 of the State
11904+18 Finance Act in any fiscal year do not reduce and do not
11905+19 constitute payment of any portion of the minimum State
11906+20 contribution required under this Article in that fiscal year.
11907+21 Such amounts shall not reduce, and shall not be included in the
11908+22 calculation of, the required State contributions under this
11909+23 Article in any future year until the System has reached a
11910+24 funding ratio of at least 90%. A reference in this Article to
11911+25 the "required State contribution" or any substantially similar
11912+26 term does not include or apply to any amounts payable to the
11913+
11914+
11915+
11916+
11917+
11918+ HB4959 Enrolled - 334 - LRB103 36303 SPS 66401 b
11919+
11920+
11921+HB4959 Enrolled- 335 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 335 - LRB103 36303 SPS 66401 b
11922+ HB4959 Enrolled - 335 - LRB103 36303 SPS 66401 b
11923+1 System under Section 25 of the Budget Stabilization Act.
11924+2 Notwithstanding any other provision of this Section, the
11925+3 required State contribution for State fiscal year 2005 and for
11926+4 fiscal year 2008 and each fiscal year thereafter, as
11927+5 calculated under this Section and certified under subsection
11928+6 (a-1), shall not exceed an amount equal to (i) the amount of
11929+7 the required State contribution that would have been
11930+8 calculated under this Section for that fiscal year if the
11931+9 System had not received any payments under subsection (d) of
11932+10 Section 7.2 of the General Obligation Bond Act, minus (ii) the
11933+11 portion of the State's total debt service payments for that
11934+12 fiscal year on the bonds issued in fiscal year 2003 for the
11935+13 purposes of that Section 7.2, as determined and certified by
11936+14 the Comptroller, that is the same as the System's portion of
11937+15 the total moneys distributed under subsection (d) of Section
11938+16 7.2 of the General Obligation Bond Act. In determining this
11939+17 maximum for State fiscal years 2008 through 2010, however, the
11940+18 amount referred to in item (i) shall be increased, as a
11941+19 percentage of the applicable employee payroll, in equal
11942+20 increments calculated from the sum of the required State
11943+21 contribution for State fiscal year 2007 plus the applicable
11944+22 portion of the State's total debt service payments for fiscal
11945+23 year 2007 on the bonds issued in fiscal year 2003 for the
11946+24 purposes of Section 7.2 of the General Obligation Bond Act, so
11947+25 that, by State fiscal year 2011, the State is contributing at
11948+26 the rate otherwise required under this Section.
11949+
11950+
11951+
11952+
11953+
11954+ HB4959 Enrolled - 335 - LRB103 36303 SPS 66401 b
11955+
11956+
11957+HB4959 Enrolled- 336 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 336 - LRB103 36303 SPS 66401 b
11958+ HB4959 Enrolled - 336 - LRB103 36303 SPS 66401 b
11959+1 (b-4) Beginning in fiscal year 2018, each employer under
11960+2 this Article shall pay to the System a required contribution
11961+3 determined as a percentage of projected payroll and sufficient
11962+4 to produce an annual amount equal to:
11963+5 (i) for each of fiscal years 2018, 2019, and 2020, the
11964+6 defined benefit normal cost of the defined benefit plan,
11965+7 less the employee contribution, for each employee of that
11966+8 employer who has elected or who is deemed to have elected
11967+9 the benefits under Section 1-161 or who has made the
11968+10 election under subsection (b) of Section 1-161; for fiscal
11969+11 year 2021 and each fiscal year thereafter, the defined
11970+12 benefit normal cost of the defined benefit plan, less the
11971+13 employee contribution, plus 2%, for each employee of that
11972+14 employer who has elected or who is deemed to have elected
11973+15 the benefits under Section 1-161 or who has made the
11974+16 election under subsection (b) of Section 1-161; plus
11975+17 (ii) the amount required for that fiscal year to
11976+18 amortize any unfunded actuarial accrued liability
11977+19 associated with the present value of liabilities
11978+20 attributable to the employer's account under Section
11979+21 16-158.3, determined as a level percentage of payroll over
11980+22 a 30-year rolling amortization period.
11981+23 In determining contributions required under item (i) of
11982+24 this subsection, the System shall determine an aggregate rate
11983+25 for all employers, expressed as a percentage of projected
11984+26 payroll.
11985+
11986+
11987+
11988+
11989+
11990+ HB4959 Enrolled - 336 - LRB103 36303 SPS 66401 b
11991+
11992+
11993+HB4959 Enrolled- 337 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 337 - LRB103 36303 SPS 66401 b
11994+ HB4959 Enrolled - 337 - LRB103 36303 SPS 66401 b
11995+1 In determining the contributions required under item (ii)
11996+2 of this subsection, the amount shall be computed by the System
11997+3 on the basis of the actuarial assumptions and tables used in
11998+4 the most recent actuarial valuation of the System that is
11999+5 available at the time of the computation.
12000+6 The contributions required under this subsection (b-4)
12001+7 shall be paid by an employer concurrently with that employer's
12002+8 payroll payment period. The State, as the actual employer of
12003+9 an employee, shall make the required contributions under this
12004+10 subsection.
12005+11 (c) Payment of the required State contributions and of all
12006+12 pensions, retirement annuities, death benefits, refunds, and
12007+13 other benefits granted under or assumed by this System, and
12008+14 all expenses in connection with the administration and
12009+15 operation thereof, are obligations of the State.
12010+16 If members are paid from special trust or federal funds
12011+17 which are administered by the employing unit, whether school
12012+18 district or other unit, the employing unit shall pay to the
12013+19 System from such funds the full accruing retirement costs
12014+20 based upon that service, which, beginning July 1, 2017, shall
12015+21 be at a rate, expressed as a percentage of salary, equal to the
12016+22 total employer's normal cost, expressed as a percentage of
12017+23 payroll, as determined by the System. Employer contributions,
12018+24 based on salary paid to members from federal funds, may be
12019+25 forwarded by the distributing agency of the State of Illinois
12020+26 to the System prior to allocation, in an amount determined in
12021+
12022+
12023+
12024+
12025+
12026+ HB4959 Enrolled - 337 - LRB103 36303 SPS 66401 b
12027+
12028+
12029+HB4959 Enrolled- 338 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 338 - LRB103 36303 SPS 66401 b
12030+ HB4959 Enrolled - 338 - LRB103 36303 SPS 66401 b
12031+1 accordance with guidelines established by such agency and the
12032+2 System. Any contribution for fiscal year 2015 collected as a
12033+3 result of the change made by Public Act 98-674 shall be
12034+4 considered a State contribution under subsection (b-3) of this
12035+5 Section.
12036+6 (d) Effective July 1, 1986, any employer of a teacher as
12037+7 defined in paragraph (8) of Section 16-106 shall pay the
12038+8 employer's normal cost of benefits based upon the teacher's
12039+9 service, in addition to employee contributions, as determined
12040+10 by the System. Such employer contributions shall be forwarded
12041+11 monthly in accordance with guidelines established by the
12042+12 System.
12043+13 However, with respect to benefits granted under Section
12044+14 16-133.4 or 16-133.5 to a teacher as defined in paragraph (8)
12045+15 of Section 16-106, the employer's contribution shall be 12%
12046+16 (rather than 20%) of the member's highest annual salary rate
12047+17 for each year of creditable service granted, and the employer
12048+18 shall also pay the required employee contribution on behalf of
12049+19 the teacher. For the purposes of Sections 16-133.4 and
12050+20 16-133.5, a teacher as defined in paragraph (8) of Section
12051+21 16-106 who is serving in that capacity while on leave of
12052+22 absence from another employer under this Article shall not be
12053+23 considered an employee of the employer from which the teacher
12054+24 is on leave.
12055+25 (e) Beginning July 1, 1998, every employer of a teacher
12056+26 shall pay to the System an employer contribution computed as
12057+
12058+
12059+
12060+
12061+
12062+ HB4959 Enrolled - 338 - LRB103 36303 SPS 66401 b
12063+
12064+
12065+HB4959 Enrolled- 339 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 339 - LRB103 36303 SPS 66401 b
12066+ HB4959 Enrolled - 339 - LRB103 36303 SPS 66401 b
12067+1 follows:
12068+2 (1) Beginning July 1, 1998 through June 30, 1999, the
12069+3 employer contribution shall be equal to 0.3% of each
12070+4 teacher's salary.
12071+5 (2) Beginning July 1, 1999 and thereafter, the
12072+6 employer contribution shall be equal to 0.58% of each
12073+7 teacher's salary.
12074+8 The school district or other employing unit may pay these
12075+9 employer contributions out of any source of funding available
12076+10 for that purpose and shall forward the contributions to the
12077+11 System on the schedule established for the payment of member
12078+12 contributions.
12079+13 These employer contributions are intended to offset a
12080+14 portion of the cost to the System of the increases in
12081+15 retirement benefits resulting from Public Act 90-582.
12082+16 Each employer of teachers is entitled to a credit against
12083+17 the contributions required under this subsection (e) with
12084+18 respect to salaries paid to teachers for the period January 1,
12085+19 2002 through June 30, 2003, equal to the amount paid by that
12086+20 employer under subsection (a-5) of Section 6.6 of the State
12087+21 Employees Group Insurance Act of 1971 with respect to salaries
12088+22 paid to teachers for that period.
12089+23 The additional 1% employee contribution required under
12090+24 Section 16-152 by Public Act 90-582 is the responsibility of
12091+25 the teacher and not the teacher's employer, unless the
12092+26 employer agrees, through collective bargaining or otherwise,
12093+
12094+
12095+
12096+
12097+
12098+ HB4959 Enrolled - 339 - LRB103 36303 SPS 66401 b
12099+
12100+
12101+HB4959 Enrolled- 340 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 340 - LRB103 36303 SPS 66401 b
12102+ HB4959 Enrolled - 340 - LRB103 36303 SPS 66401 b
12103+1 to make the contribution on behalf of the teacher.
12104+2 If an employer is required by a contract in effect on May
12105+3 1, 1998 between the employer and an employee organization to
12106+4 pay, on behalf of all its full-time employees covered by this
12107+5 Article, all mandatory employee contributions required under
12108+6 this Article, then the employer shall be excused from paying
12109+7 the employer contribution required under this subsection (e)
12110+8 for the balance of the term of that contract. The employer and
12111+9 the employee organization shall jointly certify to the System
12112+10 the existence of the contractual requirement, in such form as
12113+11 the System may prescribe. This exclusion shall cease upon the
12114+12 termination, extension, or renewal of the contract at any time
12115+13 after May 1, 1998.
12116+14 (f) If the amount of a teacher's salary for any school year
12117+15 used to determine final average salary exceeds the member's
12118+16 annual full-time salary rate with the same employer for the
12119+17 previous school year by more than 6%, the teacher's employer
12120+18 shall pay to the System, in addition to all other payments
12121+19 required under this Section and in accordance with guidelines
12122+20 established by the System, the present value of the increase
12123+21 in benefits resulting from the portion of the increase in
12124+22 salary that is in excess of 6%. This present value shall be
12125+23 computed by the System on the basis of the actuarial
12126+24 assumptions and tables used in the most recent actuarial
12127+25 valuation of the System that is available at the time of the
12128+26 computation. If a teacher's salary for the 2005-2006 school
12129+
12130+
12131+
12132+
12133+
12134+ HB4959 Enrolled - 340 - LRB103 36303 SPS 66401 b
12135+
12136+
12137+HB4959 Enrolled- 341 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 341 - LRB103 36303 SPS 66401 b
12138+ HB4959 Enrolled - 341 - LRB103 36303 SPS 66401 b
12139+1 year is used to determine final average salary under this
12140+2 subsection (f), then the changes made to this subsection (f)
12141+3 by Public Act 94-1057 shall apply in calculating whether the
12142+4 increase in his or her salary is in excess of 6%. For the
12143+5 purposes of this Section, change in employment under Section
12144+6 10-21.12 of the School Code on or after June 1, 2005 shall
12145+7 constitute a change in employer. The System may require the
12146+8 employer to provide any pertinent information or
12147+9 documentation. The changes made to this subsection (f) by
12148+10 Public Act 94-1111 apply without regard to whether the teacher
12149+11 was in service on or after its effective date.
12150+12 Whenever it determines that a payment is or may be
12151+13 required under this subsection, the System shall calculate the
12152+14 amount of the payment and bill the employer for that amount.
12153+15 The bill shall specify the calculations used to determine the
12154+16 amount due. If the employer disputes the amount of the bill, it
12155+17 may, within 30 days after receipt of the bill, apply to the
12156+18 System in writing for a recalculation. The application must
12157+19 specify in detail the grounds of the dispute and, if the
12158+20 employer asserts that the calculation is subject to subsection
12159+21 (g), (g-5), (g-10), (g-15), (g-20), or (h) of this Section,
12160+22 must include an affidavit setting forth and attesting to all
12161+23 facts within the employer's knowledge that are pertinent to
12162+24 the applicability of that subsection. Upon receiving a timely
12163+25 application for recalculation, the System shall review the
12164+26 application and, if appropriate, recalculate the amount due.
12165+
12166+
12167+
12168+
12169+
12170+ HB4959 Enrolled - 341 - LRB103 36303 SPS 66401 b
12171+
12172+
12173+HB4959 Enrolled- 342 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 342 - LRB103 36303 SPS 66401 b
12174+ HB4959 Enrolled - 342 - LRB103 36303 SPS 66401 b
12175+1 The employer contributions required under this subsection
12176+2 (f) may be paid in the form of a lump sum within 90 days after
12177+3 receipt of the bill. If the employer contributions are not
12178+4 paid within 90 days after receipt of the bill, then interest
12179+5 will be charged at a rate equal to the System's annual
12180+6 actuarially assumed rate of return on investment compounded
12181+7 annually from the 91st day after receipt of the bill. Payments
12182+8 must be concluded within 3 years after the employer's receipt
12183+9 of the bill.
12184+10 (f-1) (Blank).
12185+11 (g) This subsection (g) applies only to payments made or
12186+12 salary increases given on or after June 1, 2005 but before July
12187+13 1, 2011. The changes made by Public Act 94-1057 shall not
12188+14 require the System to refund any payments received before July
12189+15 31, 2006 (the effective date of Public Act 94-1057).
12190+16 When assessing payment for any amount due under subsection
12191+17 (f), the System shall exclude salary increases paid to
12192+18 teachers under contracts or collective bargaining agreements
12193+19 entered into, amended, or renewed before June 1, 2005.
12194+20 When assessing payment for any amount due under subsection
12195+21 (f), the System shall exclude salary increases paid to a
12196+22 teacher at a time when the teacher is 10 or more years from
12197+23 retirement eligibility under Section 16-132 or 16-133.2.
12198+24 When assessing payment for any amount due under subsection
12199+25 (f), the System shall exclude salary increases resulting from
12200+26 overload work, including summer school, when the school
12201+
12202+
12203+
12204+
12205+
12206+ HB4959 Enrolled - 342 - LRB103 36303 SPS 66401 b
12207+
12208+
12209+HB4959 Enrolled- 343 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 343 - LRB103 36303 SPS 66401 b
12210+ HB4959 Enrolled - 343 - LRB103 36303 SPS 66401 b
12211+1 district has certified to the System, and the System has
12212+2 approved the certification, that (i) the overload work is for
12213+3 the sole purpose of classroom instruction in excess of the
12214+4 standard number of classes for a full-time teacher in a school
12215+5 district during a school year and (ii) the salary increases
12216+6 are equal to or less than the rate of pay for classroom
12217+7 instruction computed on the teacher's current salary and work
12218+8 schedule.
12219+9 When assessing payment for any amount due under subsection
12220+10 (f), the System shall exclude a salary increase resulting from
12221+11 a promotion (i) for which the employee is required to hold a
12222+12 certificate or supervisory endorsement issued by the State
12223+13 Teacher Certification Board that is a different certification
12224+14 or supervisory endorsement than is required for the teacher's
12225+15 previous position and (ii) to a position that has existed and
12226+16 been filled by a member for no less than one complete academic
12227+17 year and the salary increase from the promotion is an increase
12228+18 that results in an amount no greater than the lesser of the
12229+19 average salary paid for other similar positions in the
12230+20 district requiring the same certification or the amount
12231+21 stipulated in the collective bargaining agreement for a
12232+22 similar position requiring the same certification.
12233+23 When assessing payment for any amount due under subsection
12234+24 (f), the System shall exclude any payment to the teacher from
12235+25 the State of Illinois or the State Board of Education over
12236+26 which the employer does not have discretion, notwithstanding
12237+
12238+
12239+
12240+
12241+
12242+ HB4959 Enrolled - 343 - LRB103 36303 SPS 66401 b
12243+
12244+
12245+HB4959 Enrolled- 344 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 344 - LRB103 36303 SPS 66401 b
12246+ HB4959 Enrolled - 344 - LRB103 36303 SPS 66401 b
12247+1 that the payment is included in the computation of final
12248+2 average salary.
12249+3 (g-5) When assessing payment for any amount due under
12250+4 subsection (f), the System shall exclude salary increases
12251+5 resulting from overload or stipend work performed in a school
12252+6 year subsequent to a school year in which the employer was
12253+7 unable to offer or allow to be conducted overload or stipend
12254+8 work due to an emergency declaration limiting such activities.
12255+9 (g-10) When assessing payment for any amount due under
12256+10 subsection (f), the System shall exclude salary increases
12257+11 resulting from increased instructional time that exceeded the
12258+12 instructional time required during the 2019-2020 school year.
12259+13 (g-15) When assessing payment for any amount due under
12260+14 subsection (f), the System shall exclude salary increases
12261+15 resulting from teaching summer school on or after May 1, 2021
12262+16 and before September 15, 2022.
12263+17 (g-20) When assessing payment for any amount due under
12264+18 subsection (f), the System shall exclude salary increases
12265+19 necessary to bring a school board in compliance with Public
12266+20 Act 101-443 or this amendatory Act of the 103rd General
12267+21 Assembly.
12268+22 (h) When assessing payment for any amount due under
12269+23 subsection (f), the System shall exclude any salary increase
12270+24 described in subsection (g) of this Section given on or after
12271+25 July 1, 2011 but before July 1, 2014 under a contract or
12272+26 collective bargaining agreement entered into, amended, or
12273+
12274+
12275+
12276+
12277+
12278+ HB4959 Enrolled - 344 - LRB103 36303 SPS 66401 b
12279+
12280+
12281+HB4959 Enrolled- 345 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 345 - LRB103 36303 SPS 66401 b
12282+ HB4959 Enrolled - 345 - LRB103 36303 SPS 66401 b
12283+1 renewed on or after June 1, 2005 but before July 1, 2011.
12284+2 Notwithstanding any other provision of this Section, any
12285+3 payments made or salary increases given after June 30, 2014
12286+4 shall be used in assessing payment for any amount due under
12287+5 subsection (f) of this Section.
12288+6 (i) The System shall prepare a report and file copies of
12289+7 the report with the Governor and the General Assembly by
12290+8 January 1, 2007 that contains all of the following
12291+9 information:
12292+10 (1) The number of recalculations required by the
12293+11 changes made to this Section by Public Act 94-1057 for
12294+12 each employer.
12295+13 (2) The dollar amount by which each employer's
12296+14 contribution to the System was changed due to
12297+15 recalculations required by Public Act 94-1057.
12298+16 (3) The total amount the System received from each
12299+17 employer as a result of the changes made to this Section by
12300+18 Public Act 94-4.
12301+19 (4) The increase in the required State contribution
12302+20 resulting from the changes made to this Section by Public
12303+21 Act 94-1057.
12304+22 (i-5) For school years beginning on or after July 1, 2017,
12305+23 if the amount of a participant's salary for any school year
12306+24 exceeds the amount of the salary set for the Governor, the
12307+25 participant's employer shall pay to the System, in addition to
12308+26 all other payments required under this Section and in
12309+
12310+
12311+
12312+
12313+
12314+ HB4959 Enrolled - 345 - LRB103 36303 SPS 66401 b
12315+
12316+
12317+HB4959 Enrolled- 346 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 346 - LRB103 36303 SPS 66401 b
12318+ HB4959 Enrolled - 346 - LRB103 36303 SPS 66401 b
12319+1 accordance with guidelines established by the System, an
12320+2 amount determined by the System to be equal to the employer
12321+3 normal cost, as established by the System and expressed as a
12322+4 total percentage of payroll, multiplied by the amount of
12323+5 salary in excess of the amount of the salary set for the
12324+6 Governor. This amount shall be computed by the System on the
12325+7 basis of the actuarial assumptions and tables used in the most
12326+8 recent actuarial valuation of the System that is available at
12327+9 the time of the computation. The System may require the
12328+10 employer to provide any pertinent information or
12329+11 documentation.
12330+12 Whenever it determines that a payment is or may be
12331+13 required under this subsection, the System shall calculate the
12332+14 amount of the payment and bill the employer for that amount.
12333+15 The bill shall specify the calculations used to determine the
12334+16 amount due. If the employer disputes the amount of the bill, it
12335+17 may, within 30 days after receipt of the bill, apply to the
12336+18 System in writing for a recalculation. The application must
12337+19 specify in detail the grounds of the dispute. Upon receiving a
12338+20 timely application for recalculation, the System shall review
12339+21 the application and, if appropriate, recalculate the amount
12340+22 due.
12341+23 The employer contributions required under this subsection
12342+24 may be paid in the form of a lump sum within 90 days after
12343+25 receipt of the bill. If the employer contributions are not
12344+26 paid within 90 days after receipt of the bill, then interest
12345+
12346+
12347+
12348+
12349+
12350+ HB4959 Enrolled - 346 - LRB103 36303 SPS 66401 b
12351+
12352+
12353+HB4959 Enrolled- 347 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 347 - LRB103 36303 SPS 66401 b
12354+ HB4959 Enrolled - 347 - LRB103 36303 SPS 66401 b
12355+1 will be charged at a rate equal to the System's annual
12356+2 actuarially assumed rate of return on investment compounded
12357+3 annually from the 91st day after receipt of the bill. Payments
12358+4 must be concluded within 3 years after the employer's receipt
12359+5 of the bill.
12360+6 (j) For purposes of determining the required State
12361+7 contribution to the System, the value of the System's assets
12362+8 shall be equal to the actuarial value of the System's assets,
12363+9 which shall be calculated as follows:
12364+10 As of June 30, 2008, the actuarial value of the System's
12365+11 assets shall be equal to the market value of the assets as of
12366+12 that date. In determining the actuarial value of the System's
12367+13 assets for fiscal years after June 30, 2008, any actuarial
12368+14 gains or losses from investment return incurred in a fiscal
12369+15 year shall be recognized in equal annual amounts over the
12370+16 5-year period following that fiscal year.
12371+17 (k) For purposes of determining the required State
12372+18 contribution to the system for a particular year, the
12373+19 actuarial value of assets shall be assumed to earn a rate of
12374+20 return equal to the system's actuarially assumed rate of
12375+21 return.
12376+22 (Source: P.A. 102-16, eff. 6-17-21; 102-525, eff. 8-20-21;
12377+23 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-515, eff.
12378+24 8-11-23.)
12379+25 (40 ILCS 5/18-140) (from Ch. 108 1/2, par. 18-140)
12380+
12381+
12382+
12383+
12384+
12385+ HB4959 Enrolled - 347 - LRB103 36303 SPS 66401 b
12386+
12387+
12388+HB4959 Enrolled- 348 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 348 - LRB103 36303 SPS 66401 b
12389+ HB4959 Enrolled - 348 - LRB103 36303 SPS 66401 b
12390+1 Sec. 18-140. To certify required State contributions and
12391+2 submit vouchers.
12392+3 (a) The Board shall certify to the Governor, on or before
12393+4 November 15 of each year until November 15, 2011, the amount of
12394+5 the required State contribution to the System for the
12395+6 following fiscal year and shall specifically identify the
12396+7 System's projected State normal cost for that fiscal year. The
12397+8 certification shall include a copy of the actuarial
12398+9 recommendations upon which it is based and shall specifically
12399+10 identify the System's projected State normal cost for that
12400+11 fiscal year.
12401+12 On or before November 1 of each year, beginning November
12402+13 1, 2012, the Board shall submit to the State Actuary, the
12403+14 Governor, and the General Assembly a proposed certification of
12404+15 the amount of the required State contribution to the System
12405+16 for the next fiscal year, along with all of the actuarial
12406+17 assumptions, calculations, and data upon which that proposed
12407+18 certification is based. On or before January 1 of each year
12408+19 beginning January 1, 2013, the State Actuary shall issue a
12409+20 preliminary report concerning the proposed certification and
12410+21 identifying, if necessary, recommended changes in actuarial
12411+22 assumptions that the Board must consider before finalizing its
12412+23 certification of the required State contributions. On or
12413+24 before January 15, 2013 and every January 15 thereafter, the
12414+25 Board shall certify to the Governor and the General Assembly
12415+26 the amount of the required State contribution for the next
12416+
12417+
12418+
12419+
12420+
12421+ HB4959 Enrolled - 348 - LRB103 36303 SPS 66401 b
12422+
12423+
12424+HB4959 Enrolled- 349 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 349 - LRB103 36303 SPS 66401 b
12425+ HB4959 Enrolled - 349 - LRB103 36303 SPS 66401 b
12426+1 fiscal year. The Board's certification must note any
12427+2 deviations from the State Actuary's recommended changes, the
12428+3 reason or reasons for not following the State Actuary's
12429+4 recommended changes, and the fiscal impact of not following
12430+5 the State Actuary's recommended changes on the required State
12431+6 contribution.
12432+7 On or before May 1, 2004, the Board shall recalculate and
12433+8 recertify to the Governor the amount of the required State
12434+9 contribution to the System for State fiscal year 2005, taking
12435+10 into account the amounts appropriated to and received by the
12436+11 System under subsection (d) of Section 7.2 of the General
12437+12 Obligation Bond Act.
12438+13 On or before July 1, 2005, the Board shall recalculate and
12439+14 recertify to the Governor the amount of the required State
12440+15 contribution to the System for State fiscal year 2006, taking
12441+16 into account the changes in required State contributions made
12442+17 by this amendatory Act of the 94th General Assembly.
12443+18 On or before April 1, 2011, the Board shall recalculate
12444+19 and recertify to the Governor the amount of the required State
12445+20 contribution to the System for State fiscal year 2011,
12446+21 applying the changes made by Public Act 96-889 to the System's
12447+22 assets and liabilities as of June 30, 2009 as though Public Act
12448+23 96-889 was approved on that date.
12449+24 By November 1, 2017, the Board shall recalculate and
12450+25 recertify to the State Actuary, the Governor, and the General
12451+26 Assembly the amount of the State contribution to the System
12452+
12453+
12454+
12455+
12456+
12457+ HB4959 Enrolled - 349 - LRB103 36303 SPS 66401 b
12458+
12459+
12460+HB4959 Enrolled- 350 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 350 - LRB103 36303 SPS 66401 b
12461+ HB4959 Enrolled - 350 - LRB103 36303 SPS 66401 b
12462+1 for State fiscal year 2018, taking into account the changes in
12463+2 required State contributions made by this amendatory Act of
12464+3 the 100th General Assembly. The State Actuary shall review the
12465+4 assumptions and valuations underlying the Board's revised
12466+5 certification and issue a preliminary report concerning the
12467+6 proposed recertification and identifying, if necessary,
12468+7 recommended changes in actuarial assumptions that the Board
12469+8 must consider before finalizing its certification of the
12470+9 required State contributions. The Board's final certification
12471+10 must note any deviations from the State Actuary's recommended
12472+11 changes, the reason or reasons for not following the State
12473+12 Actuary's recommended changes, and the fiscal impact of not
12474+13 following the State Actuary's recommended changes on the
12475+14 required State contribution.
12476+15 (b) Unless otherwise directed by the Comptroller under
12477+16 subsection (b-1), Beginning in State fiscal year 1996, on or
12478+17 as soon as possible after the 15th day of each month the Board
12479+18 shall submit vouchers for payment of State contributions to
12480+19 the System for the applicable month on the 15th day of each
12481+20 month, or as soon thereafter as may be practicable. The amount
12482+21 vouchered for a monthly payment shall total , in a total
12483+22 monthly amount of one-twelfth of the required annual State
12484+23 contribution certified under subsection (a).
12485+24 (b-1) Beginning in State fiscal year 2025, if the
12486+25 Comptroller requests that the Board submit, during a State
12487+26 fiscal year, vouchers for multiple monthly payments for the
12488+
12489+
12490+
12491+
12492+
12493+ HB4959 Enrolled - 350 - LRB103 36303 SPS 66401 b
12494+
12495+
12496+HB4959 Enrolled- 351 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 351 - LRB103 36303 SPS 66401 b
12497+ HB4959 Enrolled - 351 - LRB103 36303 SPS 66401 b
12498+1 advance payment of State contributions due to the System for
12499+2 that State fiscal year, then the Board shall submit those
12500+3 additional vouchers as directed by the Comptroller,
12501+4 notwithstanding subsection (b). Unless an act of
12502+5 appropriations provides otherwise, nothing in this Section
12503+6 authorizes the Board to submit, in a State fiscal year,
12504+7 vouchers for the payment of State contributions to the System
12505+8 in an amount that exceeds the rate of payroll that is certified
12506+9 by the System under this Section for that State fiscal year.
12507+10 From the effective date of this amendatory Act of the 93rd
12508+11 General Assembly through June 30, 2004, the Board shall not
12509+12 submit vouchers for the remainder of fiscal year 2004 in
12510+13 excess of the fiscal year 2004 certified contribution amount
12511+14 determined under this Section after taking into consideration
12512+15 the transfer to the System under subsection (c) of Section
12513+16 6z-61 of the State Finance Act.
12514+17 (b-2) The These vouchers described in subsections (b) and
12515+18 (b-1) shall be paid by the State Comptroller and Treasurer by
12516+19 warrants drawn on the funds appropriated to the System for
12517+20 that fiscal year.
12518+21 If in any month the amount remaining unexpended from all
12519+22 other appropriations to the System for the applicable fiscal
12520+23 year (including the appropriations to the System under Section
12521+24 8.12 of the State Finance Act and Section 1 of the State
12522+25 Pension Funds Continuing Appropriation Act) is less than the
12523+26 amount lawfully vouchered under this Section, the difference
12524+
12525+
12526+
12527+
12528+
12529+ HB4959 Enrolled - 351 - LRB103 36303 SPS 66401 b
12530+
12531+
12532+HB4959 Enrolled- 352 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 352 - LRB103 36303 SPS 66401 b
12533+ HB4959 Enrolled - 352 - LRB103 36303 SPS 66401 b
12534+1 shall be paid from the General Revenue Fund under the
12535+2 continuing appropriation authority provided in Section 1.1 of
12536+3 the State Pension Funds Continuing Appropriation Act.
12537+4 (Source: P.A. 100-23, eff. 7-6-17.)
12538+5 Article 20.
12539+6 Section 20-5. The Illinois Act on the Aging is amended by
12540+7 changing Section 4.02 as follows:
12541+8 (20 ILCS 105/4.02)
12542+9 Sec. 4.02. Community Care Program. The Department shall
12543+10 establish a program of services to prevent unnecessary
12544+11 institutionalization of persons age 60 and older in need of
12545+12 long term care or who are established as persons who suffer
12546+13 from Alzheimer's disease or a related disorder under the
12547+14 Alzheimer's Disease Assistance Act, thereby enabling them to
12548+15 remain in their own homes or in other living arrangements.
12549+16 Such preventive services, which may be coordinated with other
12550+17 programs for the aged and monitored by area agencies on aging
12551+18 in cooperation with the Department, may include, but are not
12552+19 limited to, any or all of the following:
12553+20 (a) (blank);
12554+21 (b) (blank);
12555+22 (c) home care aide services;
12556+23 (d) personal assistant services;
12557+
12558+
12559+
12560+
12561+
12562+ HB4959 Enrolled - 352 - LRB103 36303 SPS 66401 b
12563+
12564+
12565+HB4959 Enrolled- 353 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 353 - LRB103 36303 SPS 66401 b
12566+ HB4959 Enrolled - 353 - LRB103 36303 SPS 66401 b
12567+1 (e) adult day services;
12568+2 (f) home-delivered meals;
12569+3 (g) education in self-care;
12570+4 (h) personal care services;
12571+5 (i) adult day health services;
12572+6 (j) habilitation services;
12573+7 (k) respite care;
12574+8 (k-5) community reintegration services;
12575+9 (k-6) flexible senior services;
12576+10 (k-7) medication management;
12577+11 (k-8) emergency home response;
12578+12 (l) other nonmedical social services that may enable
12579+13 the person to become self-supporting; or
12580+14 (m) clearinghouse for information provided by senior
12581+15 citizen home owners who want to rent rooms to or share
12582+16 living space with other senior citizens.
12583+17 The Department shall establish eligibility standards for
12584+18 such services. In determining the amount and nature of
12585+19 services for which a person may qualify, consideration shall
12586+20 not be given to the value of cash, property, or other assets
12587+21 held in the name of the person's spouse pursuant to a written
12588+22 agreement dividing marital property into equal but separate
12589+23 shares or pursuant to a transfer of the person's interest in a
12590+24 home to his spouse, provided that the spouse's share of the
12591+25 marital property is not made available to the person seeking
12592+26 such services.
12593+
12594+
12595+
12596+
12597+
12598+ HB4959 Enrolled - 353 - LRB103 36303 SPS 66401 b
12599+
12600+
12601+HB4959 Enrolled- 354 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 354 - LRB103 36303 SPS 66401 b
12602+ HB4959 Enrolled - 354 - LRB103 36303 SPS 66401 b
12603+1 Beginning January 1, 2008, the Department shall require as
12604+2 a condition of eligibility that all new financially eligible
12605+3 applicants apply for and enroll in medical assistance under
12606+4 Article V of the Illinois Public Aid Code in accordance with
12607+5 rules promulgated by the Department.
12608+6 The Department shall, in conjunction with the Department
12609+7 of Public Aid (now Department of Healthcare and Family
12610+8 Services), seek appropriate amendments under Sections 1915 and
12611+9 1924 of the Social Security Act. The purpose of the amendments
12612+10 shall be to extend eligibility for home and community based
12613+11 services under Sections 1915 and 1924 of the Social Security
12614+12 Act to persons who transfer to or for the benefit of a spouse
12615+13 those amounts of income and resources allowed under Section
12616+14 1924 of the Social Security Act. Subject to the approval of
12617+15 such amendments, the Department shall extend the provisions of
12618+16 Section 5-4 of the Illinois Public Aid Code to persons who, but
12619+17 for the provision of home or community-based services, would
12620+18 require the level of care provided in an institution, as is
12621+19 provided for in federal law. Those persons no longer found to
12622+20 be eligible for receiving noninstitutional services due to
12623+21 changes in the eligibility criteria shall be given 45 days
12624+22 notice prior to actual termination. Those persons receiving
12625+23 notice of termination may contact the Department and request
12626+24 the determination be appealed at any time during the 45 day
12627+25 notice period. The target population identified for the
12628+26 purposes of this Section are persons age 60 and older with an
12629+
12630+
12631+
12632+
12633+
12634+ HB4959 Enrolled - 354 - LRB103 36303 SPS 66401 b
12635+
12636+
12637+HB4959 Enrolled- 355 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 355 - LRB103 36303 SPS 66401 b
12638+ HB4959 Enrolled - 355 - LRB103 36303 SPS 66401 b
12639+1 identified service need. Priority shall be given to those who
12640+2 are at imminent risk of institutionalization. The services
12641+3 shall be provided to eligible persons age 60 and older to the
12642+4 extent that the cost of the services together with the other
12643+5 personal maintenance expenses of the persons are reasonably
12644+6 related to the standards established for care in a group
12645+7 facility appropriate to the person's condition. These
12646+8 non-institutional services, pilot projects, or experimental
12647+9 facilities may be provided as part of or in addition to those
12648+10 authorized by federal law or those funded and administered by
12649+11 the Department of Human Services. The Departments of Human
12650+12 Services, Healthcare and Family Services, Public Health,
12651+13 Veterans' Affairs, and Commerce and Economic Opportunity and
12652+14 other appropriate agencies of State, federal, and local
12653+15 governments shall cooperate with the Department on Aging in
12654+16 the establishment and development of the non-institutional
12655+17 services. The Department shall require an annual audit from
12656+18 all personal assistant and home care aide vendors contracting
12657+19 with the Department under this Section. The annual audit shall
12658+20 assure that each audited vendor's procedures are in compliance
12659+21 with Department's financial reporting guidelines requiring an
12660+22 administrative and employee wage and benefits cost split as
12661+23 defined in administrative rules. The audit is a public record
12662+24 under the Freedom of Information Act. The Department shall
12663+25 execute, relative to the nursing home prescreening project,
12664+26 written inter-agency agreements with the Department of Human
12665+
12666+
12667+
12668+
12669+
12670+ HB4959 Enrolled - 355 - LRB103 36303 SPS 66401 b
12671+
12672+
12673+HB4959 Enrolled- 356 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 356 - LRB103 36303 SPS 66401 b
12674+ HB4959 Enrolled - 356 - LRB103 36303 SPS 66401 b
12675+1 Services and the Department of Healthcare and Family Services,
12676+2 to effect the following: (1) intake procedures and common
12677+3 eligibility criteria for those persons who are receiving
12678+4 non-institutional services; and (2) the establishment and
12679+5 development of non-institutional services in areas of the
12680+6 State where they are not currently available or are
12681+7 undeveloped. On and after July 1, 1996, all nursing home
12682+8 prescreenings for individuals 60 years of age or older shall
12683+9 be conducted by the Department.
12684+10 As part of the Department on Aging's routine training of
12685+11 case managers and case manager supervisors, the Department may
12686+12 include information on family futures planning for persons who
12687+13 are age 60 or older and who are caregivers of their adult
12688+14 children with developmental disabilities. The content of the
12689+15 training shall be at the Department's discretion.
12690+16 The Department is authorized to establish a system of
12691+17 recipient copayment for services provided under this Section,
12692+18 such copayment to be based upon the recipient's ability to pay
12693+19 but in no case to exceed the actual cost of the services
12694+20 provided. Additionally, any portion of a person's income which
12695+21 is equal to or less than the federal poverty standard shall not
12696+22 be considered by the Department in determining the copayment.
12697+23 The level of such copayment shall be adjusted whenever
12698+24 necessary to reflect any change in the officially designated
12699+25 federal poverty standard.
12700+26 The Department, or the Department's authorized
12701+
12702+
12703+
12704+
12705+
12706+ HB4959 Enrolled - 356 - LRB103 36303 SPS 66401 b
12707+
12708+
12709+HB4959 Enrolled- 357 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 357 - LRB103 36303 SPS 66401 b
12710+ HB4959 Enrolled - 357 - LRB103 36303 SPS 66401 b
12711+1 representative, may recover the amount of moneys expended for
12712+2 services provided to or in behalf of a person under this
12713+3 Section by a claim against the person's estate or against the
12714+4 estate of the person's surviving spouse, but no recovery may
12715+5 be had until after the death of the surviving spouse, if any,
12716+6 and then only at such time when there is no surviving child who
12717+7 is under age 21 or blind or who has a permanent and total
12718+8 disability. This paragraph, however, shall not bar recovery,
12719+9 at the death of the person, of moneys for services provided to
12720+10 the person or in behalf of the person under this Section to
12721+11 which the person was not entitled; provided that such recovery
12722+12 shall not be enforced against any real estate while it is
12723+13 occupied as a homestead by the surviving spouse or other
12724+14 dependent, if no claims by other creditors have been filed
12725+15 against the estate, or, if such claims have been filed, they
12726+16 remain dormant for failure of prosecution or failure of the
12727+17 claimant to compel administration of the estate for the
12728+18 purpose of payment. This paragraph shall not bar recovery from
12729+19 the estate of a spouse, under Sections 1915 and 1924 of the
12730+20 Social Security Act and Section 5-4 of the Illinois Public Aid
12731+21 Code, who precedes a person receiving services under this
12732+22 Section in death. All moneys for services paid to or in behalf
12733+23 of the person under this Section shall be claimed for recovery
12734+24 from the deceased spouse's estate. "Homestead", as used in
12735+25 this paragraph, means the dwelling house and contiguous real
12736+26 estate occupied by a surviving spouse or relative, as defined
12737+
12738+
12739+
12740+
12741+
12742+ HB4959 Enrolled - 357 - LRB103 36303 SPS 66401 b
12743+
12744+
12745+HB4959 Enrolled- 358 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 358 - LRB103 36303 SPS 66401 b
12746+ HB4959 Enrolled - 358 - LRB103 36303 SPS 66401 b
12747+1 by the rules and regulations of the Department of Healthcare
12748+2 and Family Services, regardless of the value of the property.
12749+3 The Department shall increase the effectiveness of the
12750+4 existing Community Care Program by:
12751+5 (1) ensuring that in-home services included in the
12752+6 care plan are available on evenings and weekends;
12753+7 (2) ensuring that care plans contain the services that
12754+8 eligible participants need based on the number of days in
12755+9 a month, not limited to specific blocks of time, as
12756+10 identified by the comprehensive assessment tool selected
12757+11 by the Department for use statewide, not to exceed the
12758+12 total monthly service cost maximum allowed for each
12759+13 service; the Department shall develop administrative rules
12760+14 to implement this item (2);
12761+15 (3) ensuring that the participants have the right to
12762+16 choose the services contained in their care plan and to
12763+17 direct how those services are provided, based on
12764+18 administrative rules established by the Department;
12765+19 (4) ensuring that the determination of need tool is
12766+20 accurate in determining the participants' level of need;
12767+21 to achieve this, the Department, in conjunction with the
12768+22 Older Adult Services Advisory Committee, shall institute a
12769+23 study of the relationship between the Determination of
12770+24 Need scores, level of need, service cost maximums, and the
12771+25 development and utilization of service plans no later than
12772+26 May 1, 2008; findings and recommendations shall be
12773+
12774+
12775+
12776+
12777+
12778+ HB4959 Enrolled - 358 - LRB103 36303 SPS 66401 b
12779+
12780+
12781+HB4959 Enrolled- 359 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 359 - LRB103 36303 SPS 66401 b
12782+ HB4959 Enrolled - 359 - LRB103 36303 SPS 66401 b
12783+1 presented to the Governor and the General Assembly no
12784+2 later than January 1, 2009; recommendations shall include
12785+3 all needed changes to the service cost maximums schedule
12786+4 and additional covered services;
12787+5 (5) ensuring that homemakers can provide personal care
12788+6 services that may or may not involve contact with clients,
12789+7 including, but not limited to:
12790+8 (A) bathing;
12791+9 (B) grooming;
12792+10 (C) toileting;
12793+11 (D) nail care;
12794+12 (E) transferring;
12795+13 (F) respiratory services;
12796+14 (G) exercise; or
12797+15 (H) positioning;
12798+16 (6) ensuring that homemaker program vendors are not
12799+17 restricted from hiring homemakers who are family members
12800+18 of clients or recommended by clients; the Department may
12801+19 not, by rule or policy, require homemakers who are family
12802+20 members of clients or recommended by clients to accept
12803+21 assignments in homes other than the client;
12804+22 (7) ensuring that the State may access maximum federal
12805+23 matching funds by seeking approval for the Centers for
12806+24 Medicare and Medicaid Services for modifications to the
12807+25 State's home and community based services waiver and
12808+26 additional waiver opportunities, including applying for
12809+
12810+
12811+
12812+
12813+
12814+ HB4959 Enrolled - 359 - LRB103 36303 SPS 66401 b
12815+
12816+
12817+HB4959 Enrolled- 360 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 360 - LRB103 36303 SPS 66401 b
12818+ HB4959 Enrolled - 360 - LRB103 36303 SPS 66401 b
12819+1 enrollment in the Balance Incentive Payment Program by May
12820+2 1, 2013, in order to maximize federal matching funds; this
12821+3 shall include, but not be limited to, modification that
12822+4 reflects all changes in the Community Care Program
12823+5 services and all increases in the services cost maximum;
12824+6 (8) ensuring that the determination of need tool
12825+7 accurately reflects the service needs of individuals with
12826+8 Alzheimer's disease and related dementia disorders;
12827+9 (9) ensuring that services are authorized accurately
12828+10 and consistently for the Community Care Program (CCP); the
12829+11 Department shall implement a Service Authorization policy
12830+12 directive; the purpose shall be to ensure that eligibility
12831+13 and services are authorized accurately and consistently in
12832+14 the CCP program; the policy directive shall clarify
12833+15 service authorization guidelines to Care Coordination
12834+16 Units and Community Care Program providers no later than
12835+17 May 1, 2013;
12836+18 (10) working in conjunction with Care Coordination
12837+19 Units, the Department of Healthcare and Family Services,
12838+20 the Department of Human Services, Community Care Program
12839+21 providers, and other stakeholders to make improvements to
12840+22 the Medicaid claiming processes and the Medicaid
12841+23 enrollment procedures or requirements as needed,
12842+24 including, but not limited to, specific policy changes or
12843+25 rules to improve the up-front enrollment of participants
12844+26 in the Medicaid program and specific policy changes or
12845+
12846+
12847+
12848+
12849+
12850+ HB4959 Enrolled - 360 - LRB103 36303 SPS 66401 b
12851+
12852+
12853+HB4959 Enrolled- 361 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 361 - LRB103 36303 SPS 66401 b
12854+ HB4959 Enrolled - 361 - LRB103 36303 SPS 66401 b
12855+1 rules to insure more prompt submission of bills to the
12856+2 federal government to secure maximum federal matching
12857+3 dollars as promptly as possible; the Department on Aging
12858+4 shall have at least 3 meetings with stakeholders by
12859+5 January 1, 2014 in order to address these improvements;
12860+6 (11) requiring home care service providers to comply
12861+7 with the rounding of hours worked provisions under the
12862+8 federal Fair Labor Standards Act (FLSA) and as set forth
12863+9 in 29 CFR 785.48(b) by May 1, 2013;
12864+10 (12) implementing any necessary policy changes or
12865+11 promulgating any rules, no later than January 1, 2014, to
12866+12 assist the Department of Healthcare and Family Services in
12867+13 moving as many participants as possible, consistent with
12868+14 federal regulations, into coordinated care plans if a care
12869+15 coordination plan that covers long term care is available
12870+16 in the recipient's area; and
12871+17 (13) maintaining fiscal year 2014 rates at the same
12872+18 level established on January 1, 2013.
12873+19 By January 1, 2009 or as soon after the end of the Cash and
12874+20 Counseling Demonstration Project as is practicable, the
12875+21 Department may, based on its evaluation of the demonstration
12876+22 project, promulgate rules concerning personal assistant
12877+23 services, to include, but need not be limited to,
12878+24 qualifications, employment screening, rights under fair labor
12879+25 standards, training, fiduciary agent, and supervision
12880+26 requirements. All applicants shall be subject to the
12881+
12882+
12883+
12884+
12885+
12886+ HB4959 Enrolled - 361 - LRB103 36303 SPS 66401 b
12887+
12888+
12889+HB4959 Enrolled- 362 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 362 - LRB103 36303 SPS 66401 b
12890+ HB4959 Enrolled - 362 - LRB103 36303 SPS 66401 b
12891+1 provisions of the Health Care Worker Background Check Act.
12892+2 The Department shall develop procedures to enhance
12893+3 availability of services on evenings, weekends, and on an
12894+4 emergency basis to meet the respite needs of caregivers.
12895+5 Procedures shall be developed to permit the utilization of
12896+6 services in successive blocks of 24 hours up to the monthly
12897+7 maximum established by the Department. Workers providing these
12898+8 services shall be appropriately trained.
12899+9 Beginning on September 23, 1991 (the effective date of
12900+10 Public Act 87-729) this amendatory Act of 1991, no person may
12901+11 perform chore/housekeeping and home care aide services under a
12902+12 program authorized by this Section unless that person has been
12903+13 issued a certificate of pre-service to do so by his or her
12904+14 employing agency. Information gathered to effect such
12905+15 certification shall include (i) the person's name, (ii) the
12906+16 date the person was hired by his or her current employer, and
12907+17 (iii) the training, including dates and levels. Persons
12908+18 engaged in the program authorized by this Section before the
12909+19 effective date of this amendatory Act of 1991 shall be issued a
12910+20 certificate of all pre-service pre- and in-service training
12911+21 from his or her employer upon submitting the necessary
12912+22 information. The employing agency shall be required to retain
12913+23 records of all staff pre-service pre- and in-service training,
12914+24 and shall provide such records to the Department upon request
12915+25 and upon termination of the employer's contract with the
12916+26 Department. In addition, the employing agency is responsible
12917+
12918+
12919+
12920+
12921+
12922+ HB4959 Enrolled - 362 - LRB103 36303 SPS 66401 b
12923+
12924+
12925+HB4959 Enrolled- 363 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 363 - LRB103 36303 SPS 66401 b
12926+ HB4959 Enrolled - 363 - LRB103 36303 SPS 66401 b
12927+1 for the issuance of certifications of in-service training
12928+2 completed to their employees.
12929+3 The Department is required to develop a system to ensure
12930+4 that persons working as home care aides and personal
12931+5 assistants receive increases in their wages when the federal
12932+6 minimum wage is increased by requiring vendors to certify that
12933+7 they are meeting the federal minimum wage statute for home
12934+8 care aides and personal assistants. An employer that cannot
12935+9 ensure that the minimum wage increase is being given to home
12936+10 care aides and personal assistants shall be denied any
12937+11 increase in reimbursement costs.
12938+12 The Community Care Program Advisory Committee is created
12939+13 in the Department on Aging. The Director shall appoint
12940+14 individuals to serve in the Committee, who shall serve at
12941+15 their own expense. Members of the Committee must abide by all
12942+16 applicable ethics laws. The Committee shall advise the
12943+17 Department on issues related to the Department's program of
12944+18 services to prevent unnecessary institutionalization. The
12945+19 Committee shall meet on a bi-monthly basis and shall serve to
12946+20 identify and advise the Department on present and potential
12947+21 issues affecting the service delivery network, the program's
12948+22 clients, and the Department and to recommend solution
12949+23 strategies. Persons appointed to the Committee shall be
12950+24 appointed on, but not limited to, their own and their agency's
12951+25 experience with the program, geographic representation, and
12952+26 willingness to serve. The Director shall appoint members to
12953+
12954+
12955+
12956+
12957+
12958+ HB4959 Enrolled - 363 - LRB103 36303 SPS 66401 b
12959+
12960+
12961+HB4959 Enrolled- 364 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 364 - LRB103 36303 SPS 66401 b
12962+ HB4959 Enrolled - 364 - LRB103 36303 SPS 66401 b
12963+1 the Committee to represent provider, advocacy, policy
12964+2 research, and other constituencies committed to the delivery
12965+3 of high quality home and community-based services to older
12966+4 adults. Representatives shall be appointed to ensure
12967+5 representation from community care providers, including, but
12968+6 not limited to, adult day service providers, homemaker
12969+7 providers, case coordination and case management units,
12970+8 emergency home response providers, statewide trade or labor
12971+9 unions that represent home care aides and direct care staff,
12972+10 area agencies on aging, adults over age 60, membership
12973+11 organizations representing older adults, and other
12974+12 organizational entities, providers of care, or individuals
12975+13 with demonstrated interest and expertise in the field of home
12976+14 and community care as determined by the Director.
12977+15 Nominations may be presented from any agency or State
12978+16 association with interest in the program. The Director, or his
12979+17 or her designee, shall serve as the permanent co-chair of the
12980+18 advisory committee. One other co-chair shall be nominated and
12981+19 approved by the members of the committee on an annual basis.
12982+20 Committee members' terms of appointment shall be for 4 years
12983+21 with one-quarter of the appointees' terms expiring each year.
12984+22 A member shall continue to serve until his or her replacement
12985+23 is named. The Department shall fill vacancies that have a
12986+24 remaining term of over one year, and this replacement shall
12987+25 occur through the annual replacement of expiring terms. The
12988+26 Director shall designate Department staff to provide technical
12989+
12990+
12991+
12992+
12993+
12994+ HB4959 Enrolled - 364 - LRB103 36303 SPS 66401 b
12995+
12996+
12997+HB4959 Enrolled- 365 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 365 - LRB103 36303 SPS 66401 b
12998+ HB4959 Enrolled - 365 - LRB103 36303 SPS 66401 b
12999+1 assistance and staff support to the committee. Department
13000+2 representation shall not constitute membership of the
13001+3 committee. All Committee papers, issues, recommendations,
13002+4 reports, and meeting memoranda are advisory only. The
13003+5 Director, or his or her designee, shall make a written report,
13004+6 as requested by the Committee, regarding issues before the
13005+7 Committee.
13006+8 The Department on Aging and the Department of Human
13007+9 Services shall cooperate in the development and submission of
13008+10 an annual report on programs and services provided under this
13009+11 Section. Such joint report shall be filed with the Governor
13010+12 and the General Assembly on or before March 31 of the following
13011+13 fiscal year.
13012+14 The requirement for reporting to the General Assembly
13013+15 shall be satisfied by filing copies of the report as required
13014+16 by Section 3.1 of the General Assembly Organization Act and
13015+17 filing such additional copies with the State Government Report
13016+18 Distribution Center for the General Assembly as is required
13017+19 under paragraph (t) of Section 7 of the State Library Act.
13018+20 Those persons previously found eligible for receiving
13019+21 non-institutional services whose services were discontinued
13020+22 under the Emergency Budget Act of Fiscal Year 1992, and who do
13021+23 not meet the eligibility standards in effect on or after July
13022+24 1, 1992, shall remain ineligible on and after July 1, 1992.
13023+25 Those persons previously not required to cost-share and who
13024+26 were required to cost-share effective March 1, 1992, shall
13025+
13026+
13027+
13028+
13029+
13030+ HB4959 Enrolled - 365 - LRB103 36303 SPS 66401 b
13031+
13032+
13033+HB4959 Enrolled- 366 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 366 - LRB103 36303 SPS 66401 b
13034+ HB4959 Enrolled - 366 - LRB103 36303 SPS 66401 b
13035+1 continue to meet cost-share requirements on and after July 1,
13036+2 1992. Beginning July 1, 1992, all clients will be required to
13037+3 meet eligibility, cost-share, and other requirements and will
13038+4 have services discontinued or altered when they fail to meet
13039+5 these requirements.
13040+6 For the purposes of this Section, "flexible senior
13041+7 services" refers to services that require one-time or periodic
13042+8 expenditures, including, but not limited to, respite care,
13043+9 home modification, assistive technology, housing assistance,
13044+10 and transportation.
13045+11 The Department shall implement an electronic service
13046+12 verification based on global positioning systems or other
13047+13 cost-effective technology for the Community Care Program no
13048+14 later than January 1, 2014.
13049+15 The Department shall require, as a condition of
13050+16 eligibility, enrollment in the medical assistance program
13051+17 under Article V of the Illinois Public Aid Code (i) beginning
13052+18 August 1, 2013, if the Auditor General has reported that the
13053+19 Department has failed to comply with the reporting
13054+20 requirements of Section 2-27 of the Illinois State Auditing
13055+21 Act; or (ii) beginning June 1, 2014, if the Auditor General has
13056+22 reported that the Department has not undertaken the required
13057+23 actions listed in the report required by subsection (a) of
13058+24 Section 2-27 of the Illinois State Auditing Act.
13059+25 The Department shall delay Community Care Program services
13060+26 until an applicant is determined eligible for medical
13061+
13062+
13063+
13064+
13065+
13066+ HB4959 Enrolled - 366 - LRB103 36303 SPS 66401 b
13067+
13068+
13069+HB4959 Enrolled- 367 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 367 - LRB103 36303 SPS 66401 b
13070+ HB4959 Enrolled - 367 - LRB103 36303 SPS 66401 b
13071+1 assistance under Article V of the Illinois Public Aid Code (i)
13072+2 beginning August 1, 2013, if the Auditor General has reported
13073+3 that the Department has failed to comply with the reporting
13074+4 requirements of Section 2-27 of the Illinois State Auditing
13075+5 Act; or (ii) beginning June 1, 2014, if the Auditor General has
13076+6 reported that the Department has not undertaken the required
13077+7 actions listed in the report required by subsection (a) of
13078+8 Section 2-27 of the Illinois State Auditing Act.
13079+9 The Department shall implement co-payments for the
13080+10 Community Care Program at the federally allowable maximum
13081+11 level (i) beginning August 1, 2013, if the Auditor General has
13082+12 reported that the Department has failed to comply with the
13083+13 reporting requirements of Section 2-27 of the Illinois State
13084+14 Auditing Act; or (ii) beginning June 1, 2014, if the Auditor
13085+15 General has reported that the Department has not undertaken
13086+16 the required actions listed in the report required by
13087+17 subsection (a) of Section 2-27 of the Illinois State Auditing
13088+18 Act.
13089+19 The Department shall continue to provide other Community
13090+20 Care Program reports as required by statute.
13091+21 The Department shall conduct a quarterly review of Care
13092+22 Coordination Unit performance and adherence to service
13093+23 guidelines. The quarterly review shall be reported to the
13094+24 Speaker of the House of Representatives, the Minority Leader
13095+25 of the House of Representatives, the President of the Senate,
13096+26 and the Minority Leader of the Senate. The Department shall
13097+
13098+
13099+
13100+
13101+
13102+ HB4959 Enrolled - 367 - LRB103 36303 SPS 66401 b
13103+
13104+
13105+HB4959 Enrolled- 368 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 368 - LRB103 36303 SPS 66401 b
13106+ HB4959 Enrolled - 368 - LRB103 36303 SPS 66401 b
13107+1 collect and report longitudinal data on the performance of
13108+2 each care coordination unit. Nothing in this paragraph shall
13109+3 be construed to require the Department to identify specific
13110+4 care coordination units.
13111+5 In regard to community care providers, failure to comply
13112+6 with Department on Aging policies shall be cause for
13113+7 disciplinary action, including, but not limited to,
13114+8 disqualification from serving Community Care Program clients.
13115+9 Each provider, upon submission of any bill or invoice to the
13116+10 Department for payment for services rendered, shall include a
13117+11 notarized statement, under penalty of perjury pursuant to
13118+12 Section 1-109 of the Code of Civil Procedure, that the
13119+13 provider has complied with all Department policies.
13120+14 The Director of the Department on Aging shall make
13121+15 information available to the State Board of Elections as may
13122+16 be required by an agreement the State Board of Elections has
13123+17 entered into with a multi-state voter registration list
13124+18 maintenance system.
13125+19 Within 30 days after July 6, 2017 (the effective date of
13126+20 Public Act 100-23), rates shall be increased to $18.29 per
13127+21 hour, for the purpose of increasing, by at least $.72 per hour,
13128+22 the wages paid by those vendors to their employees who provide
13129+23 homemaker services. The Department shall pay an enhanced rate
13130+24 under the Community Care Program to those in-home service
13131+25 provider agencies that offer health insurance coverage as a
13132+26 benefit to their direct service worker employees consistent
13133+
13134+
13135+
13136+
13137+
13138+ HB4959 Enrolled - 368 - LRB103 36303 SPS 66401 b
13139+
13140+
13141+HB4959 Enrolled- 369 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 369 - LRB103 36303 SPS 66401 b
13142+ HB4959 Enrolled - 369 - LRB103 36303 SPS 66401 b
13143+1 with the mandates of Public Act 95-713. For State fiscal years
13144+2 2018 and 2019, the enhanced rate shall be $1.77 per hour. The
13145+3 rate shall be adjusted using actuarial analysis based on the
13146+4 cost of care, but shall not be set below $1.77 per hour. The
13147+5 Department shall adopt rules, including emergency rules under
13148+6 subsections (y) and (bb) of Section 5-45 of the Illinois
13149+7 Administrative Procedure Act, to implement the provisions of
13150+8 this paragraph.
13151+9 Subject to federal approval, beginning on January 1, 2024,
13152+10 rates for adult day services shall be increased to $16.84 per
13153+11 hour and rates for each way transportation services for adult
13154+12 day services shall be increased to $12.44 per unit
13155+13 transportation.
13156+14 Subject to federal approval, on and after January 1, 2024,
13157+15 rates for homemaker services shall be increased to $28.07 to
13158+16 sustain a minimum wage of $17 per hour for direct service
13159+17 workers. Rates in subsequent State fiscal years shall be no
13160+18 lower than the rates put into effect upon federal approval.
13161+19 Providers of in-home services shall be required to certify to
13162+20 the Department that they remain in compliance with the
13163+21 mandated wage increase for direct service workers. Fringe
13164+22 benefits, including, but not limited to, paid time off and
13165+23 payment for training, health insurance, travel, or
13166+24 transportation, shall not be reduced in relation to the rate
13167+25 increases described in this paragraph.
13168+26 Subject to and upon federal approval, on and after January
13169+
13170+
13171+
13172+
13173+
13174+ HB4959 Enrolled - 369 - LRB103 36303 SPS 66401 b
13175+
13176+
13177+HB4959 Enrolled- 370 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 370 - LRB103 36303 SPS 66401 b
13178+ HB4959 Enrolled - 370 - LRB103 36303 SPS 66401 b
13179+1 1, 2025, rates for homemaker services shall be increased to
13180+2 $29.63 to sustain a minimum wage of $18 per hour for direct
13181+3 service workers. Rates in subsequent State fiscal years shall
13182+4 be no lower than the rates put into effect upon federal
13183+5 approval. Providers of in-home services shall be required to
13184+6 certify to the Department that they remain in compliance with
13185+7 the mandated wage increase for direct service workers. Fringe
13186+8 benefits, including, but not limited to, paid time off and
13187+9 payment for training, health insurance, travel, or
13188+10 transportation, shall not be reduced in relation to the rate
13189+11 increases described in this paragraph.
13190+12 The General Assembly finds it necessary to authorize an
13191+13 aggressive Medicaid enrollment initiative designed to maximize
13192+14 federal Medicaid funding for the Community Care Program which
13193+15 produces significant savings for the State of Illinois. The
13194+16 Department on Aging shall establish and implement a Community
13195+17 Care Program Medicaid Initiative. Under the Initiative, the
13196+18 Department on Aging shall, at a minimum: (i) provide an
13197+19 enhanced rate to adequately compensate care coordination units
13198+20 to enroll eligible Community Care Program clients into
13199+21 Medicaid; (ii) use recommendations from a stakeholder
13200+22 committee on how best to implement the Initiative; and (iii)
13201+23 establish requirements for State agencies to make enrollment
13202+24 in the State's Medical Assistance program easier for seniors.
13203+25 The Community Care Program Medicaid Enrollment Oversight
13204+26 Subcommittee is created as a subcommittee of the Older Adult
13205+
13206+
13207+
13208+
13209+
13210+ HB4959 Enrolled - 370 - LRB103 36303 SPS 66401 b
13211+
13212+
13213+HB4959 Enrolled- 371 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 371 - LRB103 36303 SPS 66401 b
13214+ HB4959 Enrolled - 371 - LRB103 36303 SPS 66401 b
13215+1 Services Advisory Committee established in Section 35 of the
13216+2 Older Adult Services Act to make recommendations on how best
13217+3 to increase the number of medical assistance recipients who
13218+4 are enrolled in the Community Care Program. The Subcommittee
13219+5 shall consist of all of the following persons who must be
13220+6 appointed within 30 days after June 4, 2018 (the effective
13221+7 date of Public Act 100-587) this amendatory Act of the 100th
13222+8 General Assembly:
13223+9 (1) The Director of Aging, or his or her designee, who
13224+10 shall serve as the chairperson of the Subcommittee.
13225+11 (2) One representative of the Department of Healthcare
13226+12 and Family Services, appointed by the Director of
13227+13 Healthcare and Family Services.
13228+14 (3) One representative of the Department of Human
13229+15 Services, appointed by the Secretary of Human Services.
13230+16 (4) One individual representing a care coordination
13231+17 unit, appointed by the Director of Aging.
13232+18 (5) One individual from a non-governmental statewide
13233+19 organization that advocates for seniors, appointed by the
13234+20 Director of Aging.
13235+21 (6) One individual representing Area Agencies on
13236+22 Aging, appointed by the Director of Aging.
13237+23 (7) One individual from a statewide association
13238+24 dedicated to Alzheimer's care, support, and research,
13239+25 appointed by the Director of Aging.
13240+26 (8) One individual from an organization that employs
13241+
13242+
13243+
13244+
13245+
13246+ HB4959 Enrolled - 371 - LRB103 36303 SPS 66401 b
13247+
13248+
13249+HB4959 Enrolled- 372 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 372 - LRB103 36303 SPS 66401 b
13250+ HB4959 Enrolled - 372 - LRB103 36303 SPS 66401 b
13251+1 persons who provide services under the Community Care
13252+2 Program, appointed by the Director of Aging.
13253+3 (9) One member of a trade or labor union representing
13254+4 persons who provide services under the Community Care
13255+5 Program, appointed by the Director of Aging.
13256+6 (10) One member of the Senate, who shall serve as
13257+7 co-chairperson, appointed by the President of the Senate.
13258+8 (11) One member of the Senate, who shall serve as
13259+9 co-chairperson, appointed by the Minority Leader of the
13260+10 Senate.
13261+11 (12) One member of the House of Representatives, who
13262+12 shall serve as co-chairperson, appointed by the Speaker of
13263+13 the House of Representatives.
13264+14 (13) One member of the House of Representatives, who
13265+15 shall serve as co-chairperson, appointed by the Minority
13266+16 Leader of the House of Representatives.
13267+17 (14) One individual appointed by a labor organization
13268+18 representing frontline employees at the Department of
13269+19 Human Services.
13270+20 The Subcommittee shall provide oversight to the Community
13271+21 Care Program Medicaid Initiative and shall meet quarterly. At
13272+22 each Subcommittee meeting the Department on Aging shall
13273+23 provide the following data sets to the Subcommittee: (A) the
13274+24 number of Illinois residents, categorized by planning and
13275+25 service area, who are receiving services under the Community
13276+26 Care Program and are enrolled in the State's Medical
13277+
13278+
13279+
13280+
13281+
13282+ HB4959 Enrolled - 372 - LRB103 36303 SPS 66401 b
13283+
13284+
13285+HB4959 Enrolled- 373 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 373 - LRB103 36303 SPS 66401 b
13286+ HB4959 Enrolled - 373 - LRB103 36303 SPS 66401 b
13287+1 Assistance Program; (B) the number of Illinois residents,
13288+2 categorized by planning and service area, who are receiving
13289+3 services under the Community Care Program, but are not
13290+4 enrolled in the State's Medical Assistance Program; and (C)
13291+5 the number of Illinois residents, categorized by planning and
13292+6 service area, who are receiving services under the Community
13293+7 Care Program and are eligible for benefits under the State's
13294+8 Medical Assistance Program, but are not enrolled in the
13295+9 State's Medical Assistance Program. In addition to this data,
13296+10 the Department on Aging shall provide the Subcommittee with
13297+11 plans on how the Department on Aging will reduce the number of
13298+12 Illinois residents who are not enrolled in the State's Medical
13299+13 Assistance Program but who are eligible for medical assistance
13300+14 benefits. The Department on Aging shall enroll in the State's
13301+15 Medical Assistance Program those Illinois residents who
13302+16 receive services under the Community Care Program and are
13303+17 eligible for medical assistance benefits but are not enrolled
13304+18 in the State's Medicaid Assistance Program. The data provided
13305+19 to the Subcommittee shall be made available to the public via
13306+20 the Department on Aging's website.
13307+21 The Department on Aging, with the involvement of the
13308+22 Subcommittee, shall collaborate with the Department of Human
13309+23 Services and the Department of Healthcare and Family Services
13310+24 on how best to achieve the responsibilities of the Community
13311+25 Care Program Medicaid Initiative.
13312+26 The Department on Aging, the Department of Human Services,
13313+
13314+
13315+
13316+
13317+
13318+ HB4959 Enrolled - 373 - LRB103 36303 SPS 66401 b
13319+
13320+
13321+HB4959 Enrolled- 374 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 374 - LRB103 36303 SPS 66401 b
13322+ HB4959 Enrolled - 374 - LRB103 36303 SPS 66401 b
13323+1 and the Department of Healthcare and Family Services shall
13324+2 coordinate and implement a streamlined process for seniors to
13325+3 access benefits under the State's Medical Assistance Program.
13326+4 The Subcommittee shall collaborate with the Department of
13327+5 Human Services on the adoption of a uniform application
13328+6 submission process. The Department of Human Services and any
13329+7 other State agency involved with processing the medical
13330+8 assistance application of any person enrolled in the Community
13331+9 Care Program shall include the appropriate care coordination
13332+10 unit in all communications related to the determination or
13333+11 status of the application.
13334+12 The Community Care Program Medicaid Initiative shall
13335+13 provide targeted funding to care coordination units to help
13336+14 seniors complete their applications for medical assistance
13337+15 benefits. On and after July 1, 2019, care coordination units
13338+16 shall receive no less than $200 per completed application,
13339+17 which rate may be included in a bundled rate for initial intake
13340+18 services when Medicaid application assistance is provided in
13341+19 conjunction with the initial intake process for new program
13342+20 participants.
13343+21 The Community Care Program Medicaid Initiative shall cease
13344+22 operation 5 years after June 4, 2018 (the effective date of
13345+23 Public Act 100-587) this amendatory Act of the 100th General
13346+24 Assembly, after which the Subcommittee shall dissolve.
13347+25 Effective July 1, 2023, subject to federal approval, the
13348+26 Department on Aging shall reimburse Care Coordination Units at
13349+
13350+
13351+
13352+
13353+
13354+ HB4959 Enrolled - 374 - LRB103 36303 SPS 66401 b
13355+
13356+
13357+HB4959 Enrolled- 375 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 375 - LRB103 36303 SPS 66401 b
13358+ HB4959 Enrolled - 375 - LRB103 36303 SPS 66401 b
13359+1 the following rates for case management services: $252.40 for
13360+2 each initial assessment; $366.40 for each initial assessment
13361+3 with translation; $229.68 for each redetermination assessment;
13362+4 $313.68 for each redetermination assessment with translation;
13363+5 $200.00 for each completed application for medical assistance
13364+6 benefits; $132.26 for each face-to-face, choices-for-care
13365+7 screening; $168.26 for each face-to-face, choices-for-care
13366+8 screening with translation; $124.56 for each 6-month,
13367+9 face-to-face visit; $132.00 for each MCO participant
13368+10 eligibility determination; and $157.00 for each MCO
13369+11 participant eligibility determination with translation.
13370+12 (Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23;
13371+13 103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102,
13372+14 Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90,
13373+15 Section 90-5, eff. 1-1-24; revised 12-12-23.)
13374+16 Article 25.
13375+17 Section 25-1. Short title. This Act may be cited as the
13376+18 Illinois Caregiver Assistance and Resource Portal Act. As used
13377+19 in this Article, "this Act" refers to this Article.
13378+20 Section 25-5. Purpose and intent. The purpose of this Act
13379+21 is to establish a State-created virtual portal that features a
13380+22 virtual comprehensive directory of State, federal, non-profit,
13381+23 and paid resources dedicated to caregiving and Illinois'
13382+
13383+
13384+
13385+
13386+
13387+ HB4959 Enrolled - 375 - LRB103 36303 SPS 66401 b
13388+
13389+
13390+HB4959 Enrolled- 376 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 376 - LRB103 36303 SPS 66401 b
13391+ HB4959 Enrolled - 376 - LRB103 36303 SPS 66401 b
13392+1 1,300,000 unpaid caregivers. The mission of this portal is to
13393+2 provide caregivers with simplified and trusted access to an
13394+3 information, support, and resource website to help caregivers
13395+4 develop and implement caregiving plans for their loved ones or
13396+5 friends.
13397+6 Section 25-10. Establishment of the Illinois Caregiver
13398+7 Assistance and Resources Portal.
13399+8 (a) The Department on Aging, in consultation with the
13400+9 Department of Healthcare and Family Services, the Department
13401+10 of Public Health, and the Department of Veterans' Affairs,
13402+11 shall be responsible for the creation and maintenance of the
13403+12 Illinois Caregiver Assistance and Resource Portal (hereinafter
13404+13 referred to as the "Portal").
13405+14 (b) The Portal shall serve as a centralized and trusted
13406+15 online platform offering a wide range of resources related to
13407+16 caregiving, including, but not limited to:
13408+17 (1) Information on State and federal programs,
13409+18 benefits, and resources on caregiving, long-term care, and
13410+19 at-home care for Illinois residents who are 50 years of
13411+20 age or older.
13412+21 (2) Information from non-profit organizations
13413+22 providing free-of-charge caregiving support and resources.
13414+23 (3) Tools and guides for developing and implementing
13415+24 caregiving plans.
13416+25 (4) Direct contact information for relevant Illinois
13417+
13418+
13419+
13420+
13421+
13422+ HB4959 Enrolled - 376 - LRB103 36303 SPS 66401 b
13423+
13424+
13425+HB4959 Enrolled- 377 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 377 - LRB103 36303 SPS 66401 b
13426+ HB4959 Enrolled - 377 - LRB103 36303 SPS 66401 b
13427+1 agencies, organizations, and other State-licensed
13428+2 long-term care, aging, senior support services, and
13429+3 at-home care providers.
13430+4 (5) Educational materials, articles, and videos on
13431+5 caregiving best practices.
13432+6 (6) Accommodations for users with different language
13433+7 preferences, ensuring the information is accessible to
13434+8 diverse audiences.
13435+9 (c) By incorporating these resources, the Portal aims to
13436+10 serve as a comprehensive and user-friendly hub for caregivers,
13437+11 providing them with the tools, information, and support they
13438+12 need to navigate the complex landscape of caregiving, nursing
13439+13 home care, and at-home care and other essential resources that
13440+14 are readily accessible. Additional information and resources
13441+15 to be featured may include the following:
13442+16 (1) Caregiving resources: A comprehensive section
13443+17 dedicated to caregiving, including guides, articles, and
13444+18 videos on caregiving techniques, managing caregiver
13445+19 stress, and enhancing the quality of care provided.
13446+20 (2) Home and community-based services: Resources,
13447+21 descriptions, and opportunities on how the State supports
13448+22 family caregivers, to include, but not be limited to, the
13449+23 Senior HelpLine, Illinois Care Connections, the Community
13450+24 Care Program, Adult Protective Services, the Illinois
13451+25 Long-Term Care Ombudsman, Adult Day Services, the Home
13452+26 Delivered Meals program, and all other programming and
13453+
13454+
13455+
13456+
13457+
13458+ HB4959 Enrolled - 377 - LRB103 36303 SPS 66401 b
13459+
13460+
13461+HB4959 Enrolled- 378 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 378 - LRB103 36303 SPS 66401 b
13462+ HB4959 Enrolled - 378 - LRB103 36303 SPS 66401 b
13463+1 services offered by the Department on Aging.
13464+2 (3) Nursing home care: State and federal information
13465+3 and online resources on nursing homes, including facility
13466+4 ratings, reviews, and resources for choosing the right
13467+5 nursing home based on specific needs and preferences.
13468+6 (4) Area Agency on Aging: A dedicated section
13469+7 highlighting the services and programs offered by Area
13470+8 Agencies on Aging, including, but not limited to,
13471+9 assistance with long-term care planning, nutrition,
13472+10 transportation, caregiver support and need assessment, and
13473+11 the address and contact information of statewide Area
13474+12 Agencies on Aging and Aging and Disability Resource
13475+13 Centers.
13476+14 (5) At-home care: Resources and guides for at-home
13477+15 care, including information on hiring caregivers, managing
13478+16 in-home medical and non-medical care, and ensuring a safe
13479+17 and comfortable home environment.
13480+18 (6) Hospital-to-home transition: A specialized section
13481+19 focusing on the transition from hospital care to
13482+20 home-based care, offering tips, checklists, and resources
13483+21 to ensure a smooth transition and continued recovery at
13484+22 home.
13485+23 (7) Contact Information: Direct contact details for
13486+24 relevant agencies, organizations, and State-licensed
13487+25 professionals involved in caregiving, nursing home care,
13488+26 and at-home care, making it easy for users to connect with
13489+
13490+
13491+
13492+
13493+
13494+ HB4959 Enrolled - 378 - LRB103 36303 SPS 66401 b
13495+
13496+
13497+HB4959 Enrolled- 379 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 379 - LRB103 36303 SPS 66401 b
13498+ HB4959 Enrolled - 379 - LRB103 36303 SPS 66401 b
13499+1 the right resources.
13500+2 (8) Medicaid coverage and resources: Information on
13501+3 Medicaid coverage for long-term care services, eligibility
13502+4 criteria, application procedures, and available
13503+5 Medicaid-funded programs and services to support
13504+6 caregivers and care recipients.
13505+7 (9) Financial assistance: Details on financial
13506+8 assistance programs and benefits available at the State
13507+9 and federal levels, including grants, subsidies, and tax
13508+10 incentives that can ease the financial burden of
13509+11 caregiving.
13510+12 (10) Veterans' assistance: Details on veterans'
13511+13 assistance programs and benefits available at the State
13512+14 and federal levels.
13513+15 (11) Legal and planning Tools: Resources for legal
13514+16 matters related to caregiving, such as power of attorney,
13515+17 advance directives, and estate planning, and tools to help
13516+18 users create and manage caregiving plans. Services offered
13517+19 under this paragraph do not include the practice of law.
13518+20 (12) Support groups: A directory of local caregiver
13519+21 support groups and online communities where caregivers can
13520+22 connect, share experiences, and receive emotional support.
13521+23 Section 25-15. Accessibility and user-friendliness.
13522+24 (a) The Portal shall be designed to be user-friendly and
13523+25 accessible to individuals of all ages and abilities.
13524+
13525+
13526+
13527+
13528+
13529+ HB4959 Enrolled - 379 - LRB103 36303 SPS 66401 b
13530+
13531+
13532+HB4959 Enrolled- 380 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 380 - LRB103 36303 SPS 66401 b
13533+ HB4959 Enrolled - 380 - LRB103 36303 SPS 66401 b
13534+1 (b) The Portal shall include features such as search
13535+2 functionality, language accessibility, and compatibility with
13536+3 assistive technologies to ensure that a diverse range of
13537+4 caregivers can use it.
13538+5 Section 25-20. Outreach and promotion.
13539+6 (a) The Department on Aging, in consultation with the
13540+7 Department of Healthcare and Family Services, the Department
13541+8 of Public Health, the Department of Human Services, and the
13542+9 Department of Veterans' Affairs, shall undertake an outreach
13543+10 and promotional campaign to raise awareness about the Portal
13544+11 and its resources upon completion.
13545+12 (b) The campaign shall include a digital-first strategy to
13546+13 inform health care providers, social service agencies, and
13547+14 community organizations about the Portal's availability.
13548+15 (c) The campaign shall coordinate with the State-wide
13549+16 2-1-1 Service system administered under the 2-1-1 Service Act
13550+17 in order to insure persons calling 2-1-1 telephone lines are
13551+18 directed, when appropriate, to the Portal and reciprocally to
13552+19 2-1-1.
13553+20 Section 25-25. Reporting and evaluation. The Department on
13554+21 Aging, in consultation with the Department of Healthcare and
13555+22 Family Services, the Department of Public Health, and the
13556+23 Department of Veterans' Affairs, shall provide an annual
13557+24 report to the General Assembly and the Governor outlining the
13558+
13559+
13560+
13561+
13562+
13563+ HB4959 Enrolled - 380 - LRB103 36303 SPS 66401 b
13564+
13565+
13566+HB4959 Enrolled- 381 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 381 - LRB103 36303 SPS 66401 b
13567+ HB4959 Enrolled - 381 - LRB103 36303 SPS 66401 b
13568+1 usage statistics, user feedback, and any necessary
13569+2 improvements to the Portal.
13570+3 Section 25-30. Funding. Funding for the creation,
13571+4 maintenance, and promotion of the Portal shall be appropriated
13572+5 from State funding and can be matched with possible federal
13573+6 resources.
13574+7 Section 25-35. Implementation date. The essential elements
13575+8 of the Portal shall be listed online in 2025 and shall be fully
13576+9 available by July 1, 2027.
13577+10 Article 30.
13578+11 Section 30-5. The Department of Revenue Law of the Civil
13579+12 Administrative Code of Illinois is amended by changing Section
13580+13 2505-810 as follows:
13581+14 (20 ILCS 2505/2505-810)
13582+15 Sec. 2505-810. Veterans Property Tax Relief Reimbursement
13583+16 Pilot Program.
13584+17 (a) Subject to appropriation, for State fiscal years that
13585+18 begin on or after July 1, 2023 and before July 1, 2028, the
13586+19 Department shall establish and administer a Veterans Property
13587+20 Tax Relief Reimbursement Pilot Program. For purposes of the
13588+21 Program, the Department shall reimburse eligible taxing
13589+
13590+
13591+
13592+
13593+
13594+ HB4959 Enrolled - 381 - LRB103 36303 SPS 66401 b
13595+
13596+
13597+HB4959 Enrolled- 382 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 382 - LRB103 36303 SPS 66401 b
13598+ HB4959 Enrolled - 382 - LRB103 36303 SPS 66401 b
13599+1 districts, in an amount calculated under subsection (c), for
13600+2 revenue loss associated with providing homestead exemptions to
13601+3 veterans with disabilities. A taxing district is eligible for
13602+4 reimbursement under this Section if (i) application of the
13603+5 homestead exemptions for veterans with disabilities under
13604+6 Sections 15-165 and 15-169 of the Property Tax Code results in
13605+7 a cumulative reduction of more than 2.5% in the total
13606+8 equalized assessed value of all taxable property in the taxing
13607+9 district, when compared with the total equalized assessed
13608+10 value of all taxable property in the taxing district prior to
13609+11 the application of those exemptions, for the taxable year that
13610+12 is 2 years before the start of the State fiscal year in which
13611+13 the application for reimbursement is made and (ii) the taxing
13612+14 district is located in whole or in part in a county that
13613+15 contains a United States military base. Reimbursement payments
13614+16 shall be made to the county that applies to the Department of
13615+17 Revenue on behalf of the taxing district under subsection (b)
13616+18 and shall be distributed by the county to the taxing district
13617+19 as directed by the Department of Revenue.
13618+20 (b) If the county clerk determines that one or more taxing
13619+21 districts located in whole or in part in the county qualify for
13620+22 reimbursement under this Section, then the county clerk shall
13621+23 apply to the Department of Revenue on behalf of the taxing
13622+24 district for reimbursement under this Section in the form and
13623+25 manner required by the Department. The county clerk shall
13624+26 consolidate applications submitted on behalf of more than one
13625+
13626+
13627+
13628+
13629+
13630+ HB4959 Enrolled - 382 - LRB103 36303 SPS 66401 b
13631+
13632+
13633+HB4959 Enrolled- 383 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 383 - LRB103 36303 SPS 66401 b
13634+ HB4959 Enrolled - 383 - LRB103 36303 SPS 66401 b
13635+1 taxing district into a single application. The Department of
13636+2 Revenue may audit the information submitted by the county
13637+3 clerk as part of the application under this Section for the
13638+4 purpose of verifying the accuracy of that information.
13639+5 (c) Subject to the maximum aggregate reimbursement amount
13640+6 set forth in this subsection, the amount of the reimbursement
13641+7 shall be as follows:
13642+8 (1) for reimbursements awarded for the fiscal year
13643+9 that begins on July 1, 2023, 50% of the product generated
13644+10 by multiplying 90% of the total dollar amount of
13645+11 exemptions granted for taxable year 2021 under Section
13646+12 15-165 or Section 15-169 of the Property Tax Code to
13647+13 property located in the taxing district by the taxing
13648+14 district's property tax rate for taxable year 2021; and
13649+15 (2) for reimbursements awarded for fiscal years that
13650+16 begin on or after July 1, 2024 and begin before July 1,
13651+17 2028, 100% of the product generated by multiplying 90% of
13652+18 the total dollar amount of exemptions granted for the base
13653+19 year under Section 15-165 or Section 15-169 of the
13654+20 Property Tax Code to property located in the taxing
13655+21 district by the taxing district's property tax rate for
13656+22 the base year.
13657+23 The aggregate amount of reimbursements that may be awarded
13658+24 under this Section for all taxing districts in any calendar
13659+25 year may not exceed the lesser of $30,000,000 $15,000,000 or
13660+26 the amount appropriated for the program for that calendar
13661+
13662+
13663+
13664+
13665+
13666+ HB4959 Enrolled - 383 - LRB103 36303 SPS 66401 b
13667+
13668+
13669+HB4959 Enrolled- 384 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 384 - LRB103 36303 SPS 66401 b
13670+ HB4959 Enrolled - 384 - LRB103 36303 SPS 66401 b
13671+1 year. If the total amount of eligible reimbursements under
13672+2 this Section exceeds the lesser of $30,000,000 $15,000,000 or
13673+3 the amount appropriated for the program for that calendar
13674+4 year, then the reimbursement amount awarded to each particular
13675+5 taxing district shall be reduced on a pro rata basis until the
13676+6 aggregate amount of reimbursements awarded under this Section
13677+7 for the calendar year does not exceed the lesser of
13678+8 $30,000,000 $15,000,000 or the amount appropriated for the
13679+9 program for the calendar year.
13680+10 (d) The Department of Revenue may adopt rules necessary
13681+11 for the implementation of this Section.
13682+12 (e) As used in this Section:
13683+13 "Base year" means the taxable year that is 2 years before
13684+14 the start of the State fiscal year in which the application for
13685+15 reimbursement is made.
13686+16 "Taxable year" means the calendar year during which
13687+17 property taxes payable in the next succeeding year are levied.
13688+18 "Taxing district" has the meaning given to that term in
13689+19 Section 1-150 of the Property Tax Code.
13690+20 (Source: P.A. 103-8, eff. 6-7-23.)
13691+21 Article 35.
13692+22 Section 35-5. The Illinois Horse Racing Act of 1975 is
13693+23 amended by changing Section 31 as follows:
13694+
13695+
13696+
13697+
13698+
13699+ HB4959 Enrolled - 384 - LRB103 36303 SPS 66401 b
13700+
13701+
13702+HB4959 Enrolled- 385 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 385 - LRB103 36303 SPS 66401 b
13703+ HB4959 Enrolled - 385 - LRB103 36303 SPS 66401 b
13704+1 (230 ILCS 5/31) (from Ch. 8, par. 37-31)
13705+2 Sec. 31. (a) The General Assembly declares that it is the
13706+3 policy of this State to encourage the breeding of standardbred
13707+4 horses in this State and the ownership of such horses by
13708+5 residents of this State in order to provide for: sufficient
13709+6 numbers of high quality standardbred horses to participate in
13710+7 harness racing meetings in this State, and to establish and
13711+8 preserve the agricultural and commercial benefits of such
13712+9 breeding and racing industries to the State of Illinois. It is
13713+10 the intent of the General Assembly to further this policy by
13714+11 the provisions of this Section of this Act.
13715+12 (b) Each organization licensee conducting a harness racing
13716+13 meeting pursuant to this Act shall provide for at least two
13717+14 races each race program limited to Illinois conceived and
13718+15 foaled horses. A minimum of 6 races shall be conducted each
13719+16 week limited to Illinois conceived and foaled horses. No
13720+17 horses shall be permitted to start in such races unless duly
13721+18 registered under the rules of the Department of Agriculture.
13722+19 (b-5) Organization licensees, not including the Illinois
13723+20 State Fair or the DuQuoin State Fair, shall provide stake
13724+21 races and early closer races for Illinois conceived and foaled
13725+22 horses so that purses distributed for such races shall be no
13726+23 less than 17% of total purses distributed for harness racing
13727+24 in that calendar year in addition to any stakes payments and
13728+25 starting fees contributed by horse owners.
13729+26 (b-10) Each organization licensee conducting a harness
13730+
13731+
13732+
13733+
13734+
13735+ HB4959 Enrolled - 385 - LRB103 36303 SPS 66401 b
13736+
13737+
13738+HB4959 Enrolled- 386 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 386 - LRB103 36303 SPS 66401 b
13739+ HB4959 Enrolled - 386 - LRB103 36303 SPS 66401 b
13740+1 racing meeting pursuant to this Act shall provide an owner
13741+2 award to be paid from the purse account equal to 12% of the
13742+3 amount earned by Illinois conceived and foaled horses
13743+4 finishing in the first 3 positions in races that are not
13744+5 restricted to Illinois conceived and foaled horses. The owner
13745+6 awards shall not be paid on races below the $10,000 claiming
13746+7 class.
13747+8 (c) Conditions of races under subsection (b) shall be
13748+9 commensurate with past performance, quality, and class of
13749+10 Illinois conceived and foaled horses available. If, however,
13750+11 sufficient competition cannot be had among horses of that
13751+12 class on any day, the races may, with consent of the Board, be
13752+13 eliminated for that day and substitute races provided.
13753+14 (d) There is hereby created a special fund of the State
13754+15 treasury Treasury to be known as the Illinois Standardbred
13755+16 Breeders Fund. Beginning on June 28, 2019 (the effective date
13756+17 of Public Act 101-31), the Illinois Standardbred Breeders Fund
13757+18 shall become a non-appropriated trust fund held separate and
13758+19 apart from State moneys. Expenditures from this Fund shall no
13759+20 longer be subject to appropriation.
13760+21 During the calendar year 1981, and each year thereafter,
13761+22 except as provided in subsection (g) of Section 27 of this Act,
13762+23 eight and one-half per cent of all the monies received by the
13763+24 State as privilege taxes on harness racing meetings shall be
13764+25 paid into the Illinois Standardbred Breeders Fund.
13765+26 (e) Notwithstanding any provision of law to the contrary,
13766+
13767+
13768+
13769+
13770+
13771+ HB4959 Enrolled - 386 - LRB103 36303 SPS 66401 b
13772+
13773+
13774+HB4959 Enrolled- 387 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 387 - LRB103 36303 SPS 66401 b
13775+ HB4959 Enrolled - 387 - LRB103 36303 SPS 66401 b
13776+1 amounts deposited into the Illinois Standardbred Breeders Fund
13777+2 from revenues generated by gaming pursuant to an organization
13778+3 gaming license issued under the Illinois Gambling Act after
13779+4 June 28, 2019 (the effective date of Public Act 101-31) shall
13780+5 be in addition to tax and fee amounts paid under this Section
13781+6 for calendar year 2019 and thereafter. The Illinois
13782+7 Standardbred Breeders Fund shall be administered by the
13783+8 Department of Agriculture with the assistance and advice of
13784+9 the Advisory Board created in subsection (f) of this Section.
13785+10 (f) The Illinois Standardbred Breeders Fund Advisory Board
13786+11 is hereby created. The Advisory Board shall consist of the
13787+12 Director of the Department of Agriculture, who shall serve as
13788+13 Chairman; the Superintendent of the Illinois State Fair; a
13789+14 member of the Illinois Racing Board, designated by it; a
13790+15 representative of the largest association of Illinois
13791+16 standardbred owners and breeders, recommended by it; a
13792+17 representative of a statewide association representing
13793+18 agricultural fairs in Illinois, recommended by it, such
13794+19 representative to be from a fair at which Illinois conceived
13795+20 and foaled racing is conducted; a representative of the
13796+21 organization licensees conducting harness racing meetings,
13797+22 recommended by them; a representative of the Breeder's
13798+23 Committee of the association representing the largest number
13799+24 of standardbred owners, breeders, trainers, caretakers, and
13800+25 drivers, recommended by it; and a representative of the
13801+26 association representing the largest number of standardbred
13802+
13803+
13804+
13805+
13806+
13807+ HB4959 Enrolled - 387 - LRB103 36303 SPS 66401 b
13808+
13809+
13810+HB4959 Enrolled- 388 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 388 - LRB103 36303 SPS 66401 b
13811+ HB4959 Enrolled - 388 - LRB103 36303 SPS 66401 b
13812+1 owners, breeders, trainers, caretakers, and drivers,
13813+2 recommended by it. Advisory Board members shall serve for 2
13814+3 years commencing January 1 of each odd numbered year. If
13815+4 representatives of the largest association of Illinois
13816+5 standardbred owners and breeders, a statewide association of
13817+6 agricultural fairs in Illinois, the association representing
13818+7 the largest number of standardbred owners, breeders, trainers,
13819+8 caretakers, and drivers, a member of the Breeder's Committee
13820+9 of the association representing the largest number of
13821+10 standardbred owners, breeders, trainers, caretakers, and
13822+11 drivers, and the organization licensees conducting harness
13823+12 racing meetings have not been recommended by January 1 of each
13824+13 odd numbered year, the Director of the Department of
13825+14 Agriculture shall make an appointment for the organization
13826+15 failing to so recommend a member of the Advisory Board.
13827+16 Advisory Board members shall receive no compensation for their
13828+17 services as members but shall be reimbursed for all actual and
13829+18 necessary expenses and disbursements incurred in the execution
13830+19 of their official duties.
13831+20 (g) Monies expended from the Illinois Standardbred
13832+21 Breeders Fund shall be expended by the Department of
13833+22 Agriculture, with the assistance and advice of the Illinois
13834+23 Standardbred Breeders Fund Advisory Board for the following
13835+24 purposes only:
13836+25 1. To provide purses for races limited to Illinois
13837+26 conceived and foaled horses at the State Fair and the
13838+
13839+
13840+
13841+
13842+
13843+ HB4959 Enrolled - 388 - LRB103 36303 SPS 66401 b
13844+
13845+
13846+HB4959 Enrolled- 389 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 389 - LRB103 36303 SPS 66401 b
13847+ HB4959 Enrolled - 389 - LRB103 36303 SPS 66401 b
13848+1 DuQuoin State Fair.
13849+2 2. To provide purses for races limited to Illinois
13850+3 conceived and foaled horses at county fairs.
13851+4 3. To provide purse supplements for races limited to
13852+5 Illinois conceived and foaled horses conducted by
13853+6 associations conducting harness racing meetings.
13854+7 4. No less than 75% of all monies in the Illinois
13855+8 Standardbred Breeders Fund shall be expended for purses in
13856+9 1, 2, and 3 as shown above.
13857+10 5. In the discretion of the Department of Agriculture
13858+11 to provide awards to harness breeders of Illinois
13859+12 conceived and foaled horses which win races conducted by
13860+13 organization licensees conducting harness racing meetings.
13861+14 A breeder is the owner of a mare at the time of conception.
13862+15 No more than 10% of all moneys transferred into the
13863+16 Illinois Standardbred Breeders Fund shall be expended for
13864+17 such harness breeders awards. No more than 25% of the
13865+18 amount expended for harness breeders awards shall be
13866+19 expended for expenses incurred in the administration of
13867+20 such harness breeders awards.
13868+21 6. To pay for the improvement of racing facilities
13869+22 located at the State Fair and County fairs.
13870+23 7. To pay the expenses incurred in the administration
13871+24 of the Illinois Standardbred Breeders Fund.
13872+25 8. To promote the sport of harness racing, including
13873+26 grants up to a maximum of $7,500 per fair per year for
13874+
13875+
13876+
13877+
13878+
13879+ HB4959 Enrolled - 389 - LRB103 36303 SPS 66401 b
13880+
13881+
13882+HB4959 Enrolled- 390 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 390 - LRB103 36303 SPS 66401 b
13883+ HB4959 Enrolled - 390 - LRB103 36303 SPS 66401 b
13884+1 conducting pari-mutuel wagering during the advertised
13885+2 dates of a county fair.
13886+3 9. To pay up to $50,000 annually for the Department of
13887+4 Agriculture to conduct drug testing at county fairs racing
13888+5 standardbred horses.
13889+6 (h) The Illinois Standardbred Breeders Fund is not subject
13890+7 to administrative charges or chargebacks, including, but not
13891+8 limited to, those authorized under Section 8h of the State
13892+9 Finance Act.
13893+10 (i) A sum equal to 13% of the first prize money of the
13894+11 gross purse won by an Illinois conceived and foaled horse
13895+12 shall be paid 50% by the organization licensee conducting the
13896+13 horse race meeting to the breeder of such winning horse from
13897+14 the organization licensee's account and 50% from the purse
13898+15 account of the licensee. Such payment shall not reduce any
13899+16 award to the owner of the horse or reduce the taxes payable
13900+17 under this Act. Such payment shall be delivered by the
13901+18 organization licensee at the end of each quarter.
13902+19 (j) The Department of Agriculture shall, by rule, with the
13903+20 assistance and advice of the Illinois Standardbred Breeders
13904+21 Fund Advisory Board:
13905+22 1. Qualify stallions for Illinois Standardbred
13906+23 Breeders Fund breeding. Such stallion shall stand for
13907+24 service at and within the State of Illinois at the time of
13908+25 a foal's conception, and such stallion must not stand for
13909+26 service at any place outside the State of Illinois during
13910+
13911+
13912+
13913+
13914+
13915+ HB4959 Enrolled - 390 - LRB103 36303 SPS 66401 b
13916+
13917+
13918+HB4959 Enrolled- 391 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 391 - LRB103 36303 SPS 66401 b
13919+ HB4959 Enrolled - 391 - LRB103 36303 SPS 66401 b
13920+1 that calendar year in which the foal is conceived.
13921+2 However, on and after January 1, 2018, semen from an
13922+3 Illinois stallion may be transported outside the State of
13923+4 Illinois.
13924+5 2. Provide for the registration of Illinois conceived
13925+6 and foaled horses and no such horse shall compete in the
13926+7 races limited to Illinois conceived and foaled horses
13927+8 unless registered with the Department of Agriculture. The
13928+9 Department of Agriculture may prescribe such forms as may
13929+10 be necessary to determine the eligibility of such horses.
13930+11 No person shall knowingly prepare or cause preparation of
13931+12 an application for registration of such foals containing
13932+13 false information. A mare (dam) must be in the State at
13933+14 least 30 days prior to foaling or remain in the State at
13934+15 least 30 days at the time of foaling. However, the
13935+16 requirement that a mare (dam) must be in the State at least
13936+17 30 days before foaling or remain in the State at least 30
13937+18 days at the time of foaling shall not be in effect from
13938+19 January 1, 2018 until January 1, 2022. Beginning with the
13939+20 1996 breeding season and for foals of 1997 and thereafter,
13940+21 a foal conceived by transported semen may be eligible for
13941+22 Illinois conceived and foaled registration provided all
13942+23 breeding and foaling requirements are met. The stallion
13943+24 must be qualified for Illinois Standardbred Breeders Fund
13944+25 breeding at the time of conception. The foal must be
13945+26 dropped in Illinois and properly registered with the
13946+
13947+
13948+
13949+
13950+
13951+ HB4959 Enrolled - 391 - LRB103 36303 SPS 66401 b
13952+
13953+
13954+HB4959 Enrolled- 392 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 392 - LRB103 36303 SPS 66401 b
13955+ HB4959 Enrolled - 392 - LRB103 36303 SPS 66401 b
13956+1 Department of Agriculture in accordance with this Act.
13957+2 However, from January 1, 2018 until January 1, 2022, the
13958+3 requirement for a mare to be inseminated within the State
13959+4 of Illinois and the requirement for a foal to be dropped in
13960+5 Illinois are inapplicable.
13961+6 3. Provide that at least a 5-day racing program shall
13962+7 be conducted at the State Fair each year, unless an
13963+8 alternate racing program is requested by the Illinois
13964+9 Standardbred Breeders Fund Advisory Board, which program
13965+10 shall include at least the following races limited to
13966+11 Illinois conceived and foaled horses: (a) a 2-year-old
13967+12 Trot and Pace, and Filly Division of each; (b) a
13968+13 3-year-old Trot and Pace, and Filly Division of each; (c)
13969+14 an aged Trot and Pace, and Mare Division of each.
13970+15 4. Provide for the payment of nominating, sustaining,
13971+16 and starting fees for races promoting the sport of harness
13972+17 racing and for the races to be conducted at the State Fair
13973+18 as provided in paragraph subsection (j) 3 of this
13974+19 subsection Section provided that the nominating,
13975+20 sustaining, and starting payment required from an entrant
13976+21 shall not exceed 2% of the purse of such race. All
13977+22 nominating, sustaining, and starting payments shall be
13978+23 held for the benefit of entrants and shall be paid out as
13979+24 part of the respective purses for such races. Nominating,
13980+25 sustaining, and starting fees shall be held in trust
13981+26 accounts for the purposes as set forth in this Act and in
13982+
13983+
13984+
13985+
13986+
13987+ HB4959 Enrolled - 392 - LRB103 36303 SPS 66401 b
13988+
13989+
13990+HB4959 Enrolled- 393 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 393 - LRB103 36303 SPS 66401 b
13991+ HB4959 Enrolled - 393 - LRB103 36303 SPS 66401 b
13992+1 accordance with Section 205-15 of the Department of
13993+2 Agriculture Law.
13994+3 5. Provide for the registration with the Department of
13995+4 Agriculture of Colt Associations or county fairs desiring
13996+5 to sponsor races at county fairs.
13997+6 6. Provide for the promotion of producing standardbred
13998+7 racehorses by providing a bonus award program for owners
13999+8 of 2-year-old horses that win multiple major stakes races
14000+9 that are limited to Illinois conceived and foaled horses.
14001+10 (k) The Department of Agriculture, with the advice and
14002+11 assistance of the Illinois Standardbred Breeders Fund Advisory
14003+12 Board, may allocate monies for purse supplements for such
14004+13 races. In determining whether to allocate money and the
14005+14 amount, the Department of Agriculture shall consider factors,
14006+15 including, but not limited to, the amount of money transferred
14007+16 into the Illinois Standardbred Breeders Fund, the number of
14008+17 races that may occur, and an organization licensee's purse
14009+18 structure. The organization licensee shall notify the
14010+19 Department of Agriculture of the conditions and minimum purses
14011+20 for races limited to Illinois conceived and foaled horses to
14012+21 be conducted by each organization licensee conducting a
14013+22 harness racing meeting for which purse supplements have been
14014+23 negotiated.
14015+24 (l) All races held at county fairs and the State Fair which
14016+25 receive funds from the Illinois Standardbred Breeders Fund
14017+26 shall be conducted in accordance with the rules of the United
14018+
14019+
14020+
14021+
14022+
14023+ HB4959 Enrolled - 393 - LRB103 36303 SPS 66401 b
14024+
14025+
14026+HB4959 Enrolled- 394 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 394 - LRB103 36303 SPS 66401 b
14027+ HB4959 Enrolled - 394 - LRB103 36303 SPS 66401 b
14028+1 States Trotting Association unless otherwise modified by the
14029+2 Department of Agriculture.
14030+3 (m) At all standardbred race meetings held or conducted
14031+4 under authority of a license granted by the Board, and at all
14032+5 standardbred races held at county fairs which are approved by
14033+6 the Department of Agriculture or at the Illinois or DuQuoin
14034+7 State Fairs, no one shall jog, train, warm up, or drive a
14035+8 standardbred horse unless he or she is wearing a protective
14036+9 safety helmet, with the chin strap fastened and in place,
14037+10 which meets the standards and requirements as set forth in the
14038+11 1984 Standard for Protective Headgear for Use in Harness
14039+12 Racing and Other Equestrian Sports published by the Snell
14040+13 Memorial Foundation, or any standards and requirements for
14041+14 headgear the Illinois Racing Board may approve. Any other
14042+15 standards and requirements so approved by the Board shall
14043+16 equal or exceed those published by the Snell Memorial
14044+17 Foundation. Any equestrian helmet bearing the Snell label
14045+18 shall be deemed to have met those standards and requirements.
14046+19 (n) In addition to any other transfer that may be provided
14047+20 for by law, as soon as practical after the effective date of
14048+21 the changes made to this Section by this amendatory Act of the
14049+22 103rd General Assembly, but no later than July 3, 2024 the
14050+23 State Comptroller shall direct and the State Treasurer shall
14051+24 transfer the sum of $2,000,000 from the Fair and Exposition
14052+25 Fund to the Illinois Standardbred Breeders Fund.
14053+26 (Source: P.A. 102-558, eff. 8-20-21; 102-689, eff. 12-17-21;
14054+
14055+
14056+
14057+
14058+
14059+ HB4959 Enrolled - 394 - LRB103 36303 SPS 66401 b
14060+
14061+
14062+HB4959 Enrolled- 395 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 395 - LRB103 36303 SPS 66401 b
14063+ HB4959 Enrolled - 395 - LRB103 36303 SPS 66401 b
14064+1 103-8, eff. 6-7-23; revised 9-26-23.)
14065+2 Article 40.
14066+3 Section 40-5. The University of Illinois Act is amended by
14067+4 adding Section 180 as follows:
14068+5 (110 ILCS 305/180 new)
14069+6 Sec. 180. Innovation center. The Board of Trustees,
14070+7 directly or in cooperation with the University of Illinois at
14071+8 Springfield Innovation Center partners, which shall consist of
14072+9 other institutions of higher education, not-for-profit
14073+10 organizations, businesses, and local governments, may finance,
14074+11 design, construct, enlarge, improve, equip, complete, operate,
14075+12 control, and manage a University of Illinois at Springfield
14076+13 Innovation Center (UIS Innovation Center), which is a facility
14077+14 or facilities dedicated to fostering and supporting innovation
14078+15 in academics, entrepreneurship, workforce development, policy
14079+16 development, and non-profit or philanthropic activities.
14080+17 Notwithstanding any other provision of law, the UIS Innovation
14081+18 Center (1) may be located on land owned by the Board of
14082+19 Trustees or a University of Illinois at Springfield Innovation
14083+20 Center partner; and (2) shall have costs incurred in
14084+21 connection with the design, construction, enlargement,
14085+22 improvement, equipping, and completion of the business
14086+23 incubation and innovation facilities paid with funds
14087+
14088+
14089+
14090+
14091+
14092+ HB4959 Enrolled - 395 - LRB103 36303 SPS 66401 b
14093+
14094+
14095+HB4959 Enrolled- 396 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 396 - LRB103 36303 SPS 66401 b
14096+ HB4959 Enrolled - 396 - LRB103 36303 SPS 66401 b
14097+1 appropriated to the Capital Development Board from the Build
14098+2 Illinois Bond Fund for a grant to the Board of Trustees for the
14099+3 UIS Innovation Center. If the UIS Innovation Center is located
14100+4 on land owned by a University of Illinois at Springfield
14101+5 Innovation Center partner, the Board of Trustees must have an
14102+6 ownership interest in the facility or facilities or a portion
14103+7 thereof. An ownership interest shall bear a reasonable
14104+8 relationship to the proportional share of the costs paid by
14105+9 such grant funds for a term equal to at least the useful life
14106+10 of the innovation facilities.
14107+11 Article 45.
14108+12 Section 45-5. The Childhood Hunger Relief Act is amended
14109+13 by changing Section 15 and by adding Section 18 as follows:
14110+14 (105 ILCS 126/15)
14111+15 Sec. 15. School breakfast program.
14112+16 (a) The board of education of each school district in this
14113+17 State shall implement and operate a school breakfast program
14114+18 in the next school year, if a breakfast program does not
14115+19 currently exist, in accordance with federal guidelines in each
14116+20 school building within its district in which at least 40% or
14117+21 more of the students are eligible for free or reduced-price
14118+22 lunches based upon the current year's October claim (for those
14119+23 schools that participate in the National School Lunch Program)
14120+
14121+
14122+
14123+
14124+
14125+ HB4959 Enrolled - 396 - LRB103 36303 SPS 66401 b
14126+
14127+
14128+HB4959 Enrolled- 397 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 397 - LRB103 36303 SPS 66401 b
14129+ HB4959 Enrolled - 397 - LRB103 36303 SPS 66401 b
14130+1 or in which at least 40% or more of the students are classified
14131+2 as low-income according to the Fall Housing Data from the
14132+3 previous year (for those schools that do not participate in
14133+4 the National School Lunch Program).
14134+5 (b) School districts may charge students who do not meet
14135+6 federal criteria for free school meals for the breakfasts
14136+7 served to these students within the allowable limits set by
14137+8 federal regulations.
14138+9 (c) School breakfast programs established under this
14139+10 Section shall be supported entirely by federal funds and
14140+11 commodities, charges to students and other participants, and
14141+12 other available State and local resources, including under the
14142+13 School Breakfast and Lunch Program Act. Allowable costs for
14143+14 reimbursement to school districts, in accordance with the
14144+15 United States Department of Agriculture, include compensation
14145+16 of employees for the time devoted and identified specifically
14146+17 to implement the school breakfast program; the cost of
14147+18 materials acquired, consumed, or expended specifically to
14148+19 implement the school breakfast program; equipment and other
14149+20 approved capital expenditures necessary to implement the
14150+21 school breakfast program; and transportation expenses incurred
14151+22 specifically to implement and operate the school breakfast
14152+23 program.
14153+24 (d) A school district shall be allowed to opt out a school
14154+25 or schools from the school breakfast program requirement of
14155+26 this Section if it is determined that, due to circumstances
14156+
14157+
14158+
14159+
14160+
14161+ HB4959 Enrolled - 397 - LRB103 36303 SPS 66401 b
14162+
14163+
14164+HB4959 Enrolled- 398 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 398 - LRB103 36303 SPS 66401 b
14165+ HB4959 Enrolled - 398 - LRB103 36303 SPS 66401 b
14166+1 specific to that school district, the expense reimbursement
14167+2 would not fully cover the costs of implementing and operating
14168+3 a school breakfast program. The school district shall petition
14169+4 its regional superintendent of schools by February 15 of each
14170+5 year to request to be exempt from operating the school
14171+6 breakfast program in the school or schools in the next school
14172+7 year. The petition shall include all legitimate costs
14173+8 associated with implementing and operating a school breakfast
14174+9 program, the estimated reimbursement from State and federal
14175+10 sources, and any unique circumstances the school district can
14176+11 verify that exist that would cause the implementation and
14177+12 operation of such a program to be cost prohibitive.
14178+13 The regional superintendent of schools shall review the
14179+14 petition. In accordance with the Open Meetings Act, he or she
14180+15 shall convene a public hearing to hear testimony from the
14181+16 school district and interested community members. The regional
14182+17 superintendent shall, by March 15 of each year, inform the
14183+18 school district of his or her decision, along with the reasons
14184+19 why the exemption was granted or denied, in writing. The
14185+20 regional superintendent must also send notification to the
14186+21 State Board of Education detailing which schools requested an
14187+22 exemption and the results. If the regional superintendent
14188+23 grants an exemption to the school district, then the school
14189+24 district is relieved from the requirement to establish and
14190+25 implement a school breakfast program in the school or schools
14191+26 granted an exemption for the next school year.
14192+
14193+
14194+
14195+
14196+
14197+ HB4959 Enrolled - 398 - LRB103 36303 SPS 66401 b
14198+
14199+
14200+HB4959 Enrolled- 399 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 399 - LRB103 36303 SPS 66401 b
14201+ HB4959 Enrolled - 399 - LRB103 36303 SPS 66401 b
14202+1 If the regional superintendent of schools does not grant
14203+2 an exemption, then the school district shall implement and
14204+3 operate a school breakfast program in accordance with this
14205+4 Section by the first student attendance day of the next school
14206+5 year. However, the school district or a resident of the school
14207+6 district may by April 15 appeal the decision of the regional
14208+7 superintendent to the State Superintendent of Education. The
14209+8 State Superintendent shall hear appeals on the decisions of
14210+9 regional superintendents of schools no later than May 15 of
14211+10 each year. The State Superintendent shall make a final
14212+11 decision at the conclusion of the hearing on the school
14213+12 district's request for an exemption from the school breakfast
14214+13 program requirement. If the State Superintendent grants an
14215+14 exemption, then the school district is relieved from the
14216+15 requirement to implement and operate a school breakfast
14217+16 program in the school or schools granted an exemption for the
14218+17 next school year. If the State Superintendent does not grant
14219+18 an exemption, then the school district shall implement and
14220+19 operate a school breakfast program in accordance with this
14221+20 Section by the first student attendance day of the next school
14222+21 year.
14223+22 A school district may not attempt to opt out a school or
14224+23 schools from the school breakfast program requirement of this
14225+24 Section by requesting a waiver under Section 2-3.25g of the
14226+25 School Code.
14227+26 (e) For all schools operating a school breakfast program,
14228+
14229+
14230+
14231+
14232+
14233+ HB4959 Enrolled - 399 - LRB103 36303 SPS 66401 b
14234+
14235+
14236+HB4959 Enrolled- 400 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 400 - LRB103 36303 SPS 66401 b
14237+ HB4959 Enrolled - 400 - LRB103 36303 SPS 66401 b
14238+1 the State Board of Education shall collect information about
14239+2 whether the school is operating a breakfast after the bell
14240+3 program under Section 16 and, if so, what breakfast after the
14241+4 bell model the school operates, including breakfast in the
14242+5 classroom, second chance breakfast, and grab and go breakfast.
14243+6 The State Board of Education shall make this data publicly
14244+7 available annually.
14245+8 (Source: P.A. 96-158, eff. 8-7-09.)
14246+9 (105 ILCS 126/18 new)
14247+10 Sec. 18. Breakfast after the bell grant program.
14248+11 (a) Subject to appropriation, the State Board of Education
14249+12 shall award grants of up to $7,000 per school site on a
14250+13 competitive basis to eligible schools, school districts, or
14251+14 entities approved by the State Board of Education for
14252+15 nonrecurring expenses incurred in initiating a school
14253+16 breakfast program under Section 16.
14254+17 Grants awarded under this Section shall be used for
14255+18 nonrecurring costs of initiating a breakfast after the bell
14256+19 program, including, but not limited to, the acquisition of
14257+20 equipment, training of staff in new capacities, outreach
14258+21 efforts to publicize new or expanded school breakfast
14259+22 programs, minor alterations to accommodate new equipment,
14260+23 computer point-of-service systems for food service, and the
14261+24 purchase of vehicles for transporting food to schools.
14262+25 (b) In making grant awards under this Section, the State
14263+
14264+
14265+
14266+
14267+
14268+ HB4959 Enrolled - 400 - LRB103 36303 SPS 66401 b
14269+
14270+
14271+HB4959 Enrolled- 401 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 401 - LRB103 36303 SPS 66401 b
14272+ HB4959 Enrolled - 401 - LRB103 36303 SPS 66401 b
14273+1 Board of Education shall give a preference to grant applicants
14274+2 that do all of the following:
14275+3 (1) Submit to the State Board of Education a plan to
14276+4 start or expand school breakfast programs in the school
14277+5 district or the educational service region, including a
14278+6 description of the following:
14279+7 (A) a description of each eligible school site's
14280+8 breakfast program under Section 16, including which
14281+9 school and school district stakeholders have been
14282+10 engaged in the development of the program, including
14283+11 but not limited to superintendent, principal, business
14284+12 manager, school food service personnel, school nurse,
14285+13 teachers, and janitorial staff;
14286+14 (B) a budget outlining the nonrecurring expenses
14287+15 needed to initiate a program at each school site; and
14288+16 (C) any public or private resources that have been
14289+17 assembled to carry out expansion of school breakfast
14290+18 programs during the school year.
14291+19 (2) Agree to operate a school breakfast program under
14292+20 Section 16 for a period of not less than 3 school years.
14293+21 (3) Have higher rates of free or reduced-price
14294+22 eligible students.
14295+23 Article 55.
14296+24 Section 5-55. The State Finance Act is amended by adding
14297+
14298+
14299+
14300+
14301+
14302+ HB4959 Enrolled - 401 - LRB103 36303 SPS 66401 b
14303+
14304+
14305+HB4959 Enrolled- 402 -LRB103 36303 SPS 66401 b HB4959 Enrolled - 402 - LRB103 36303 SPS 66401 b
14306+ HB4959 Enrolled - 402 - LRB103 36303 SPS 66401 b
14307+1 Sections 5.1016 and 6z-142 as follows:
14308+2 (30 ILCS 105/5.1016 new)
14309+3 Sec. 5.1016. The Restore Fund.
14310+4 (30 ILCS 105/6z-142 new)
14311+5 Sec. 6z-142. The Restore Fund. The Restore Fund is created
14312+6 as a special fund in the State treasury. Subject to
14313+7 appropriation, all moneys in the Fund shall be used by the
14314+8 Illinois State Police and the Administrative Office of the
14315+9 Illinois Courts for expenses directly related to the
14316+10 development and implementation of an automated criminal record
14317+11 sealing program.
14318+12 Article 99.
14319+13 Section 99-97. Severability. The provisions of this Act
14320+14 are severable under Section 1.31 of the Statute on Statutes.
14321+
14322+
14323+
14324+
14325+
14326+ HB4959 Enrolled - 402 - LRB103 36303 SPS 66401 b