Illinois House Bill HB5601 Chaptered / Bill

                    Public Act 103-0616
HB5601 EnrolledLRB103 38592 MXP 68728 b HB5601 Enrolled LRB103 38592 MXP 68728 b
HB5601 Enrolled LRB103 38592 MXP 68728 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Article 5.
Section 5-5. The State Employees Group Insurance Act of
1971 is amended by changing Section 11 as follows:
(5 ILCS 375/11) (from Ch. 127, par. 531)
Sec. 11. The amount of contribution in any fiscal year
from funds other than the General Revenue Fund or the Road Fund
shall be at the same contribution rate as the General Revenue
Fund or the Road Fund except that, in State Fiscal Year 2009,
no contributions shall be required from the FY09 Budget Relief
Fund. Contributions and payments for life insurance shall be
deposited in the Group Insurance Premium Fund. Contributions
and payments for health coverages and other benefits shall be
deposited in the Health Insurance Reserve Fund. Federal funds
which are available for cooperative extension purposes shall
also be charged for the contributions which are made for
retired employees formerly employed in the Cooperative
Extension Service. In the case of departments or any division
thereof receiving a fraction of its requirements for
administration from the Federal Government, the contributions

 

HB5601 Enrolled LRB103 38592 MXP 68728 b


hereunder shall be such fraction of the amount determined
under the provisions hereof and the remainder shall be
contributed by the State.
Every department which has members paid from funds other
than the General Revenue Fund shall cooperate with the
Department of Central Management Services and the Governor's
Office of Management and Budget in order to assure that the
specified proportion of the State's cost for group life
insurance, the program of health benefits and other employee
benefits is paid by such funds; except that contributions
under this Act need not be paid from any other fund where both
the Director of Central Management Services and the Director
of the Governor's Office of Management and Budget have
designated in writing that the necessary contributions are
included in the General Revenue Fund contribution amount.
Universities having employees who are compensated out of
the following funds or sources are not required to submit the
contribution described in this Section for such employees:
(1) income funds, as described in Sections 6a-1,
6a-1a, 6a-1b, 6a-1c, 6a-1d, 6a-1e, 6a-1f, 6a-1g, and 6d of
the State Finance Act, including tuition, laboratory, and
library fees and any interest earned on those fees;
(2) local auxiliary funds, as described in the
Legislative Audit Commission's University Guidelines, as
published on November 17, 2020, including the following:
(i) funds from auxiliary enterprises, which are


operations that support the overall objectives of the
university but are not directly related to
instruction, research, or service organizational
units;
(ii) funds from auxiliary activities, which are
functions that are self-supporting, in whole or in
part, and are directly related to instruction,
research, or service units;
(3) the Agricultural Premium Fund as established by
Section 5.01 of the State Finance Act;
(4) appropriations from the General Revenue Fund,
Education Assistance Fund, or other State appropriations
that are made for the purposes of instruction, research,
public service, or economic development;
(5) funds to the University of Illinois Hospital for
health care professional services that are performed by
University of Illinois faculty or University of Illinois
health care programs established under the University of
Illinois Hospital Act; or
(6) funds designated for the Cooperative Extension
Service, as defined in Section 3 of the County Cooperative
Extension Law.
If an employee of a university is partially compensated
from the funds or sources of funds identified in paragraphs
(1) through (6) above, universities shall be required to
submit a pro rata contribution for the portion of the


employee's compensation that is derived out of funds or
sources other than those identified in paragraphs (1) through
(6) above.
The Department of Central Management Services may conduct
a post-payment review of university reimbursements to assess
or address any discrepancies. Universities shall cooperate
with the Department of Central Management Services during any
post-payment review, that may require universities to provide
documentation to support payment calculations or funding
sources used for calculating reimbursements. The Department of
Central Management Services reserves the right to reconcile
any discrepancies in reimbursement subtotals or total
obligations and to notify universities of all final
reconciliations, which shall include the Department of Central
Management Services calculations and the amount of any credits
or obligations that may be due.
For each employee of the Illinois Toll Highway Authority
covered under this Act whose eligibility for such coverage is
as an annuitant, the Authority shall annually contribute an
amount, as determined by the Director of the Department of
Central Management Services, that represents the average
employer's share of the cost of retiree coverage per
participating employee in the State Employees Group Insurance
Program.
(Source: P.A. 102-1071, eff. 6-10-22; 102-1115, eff. 1-9-23.)


Section 5-10. The Illinois Act on the Aging is amended by
changing Section 4.01 as follows:
(20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
Sec. 4.01. Additional powers and duties of the Department.
In addition to powers and duties otherwise provided by law,
the Department shall have the following powers and duties:
(1) To evaluate all programs, services, and facilities for
the aged and for minority senior citizens within the State and
determine the extent to which present public or private
programs, services and facilities meet the needs of the aged.
(2) To coordinate and evaluate all programs, services, and
facilities for the Aging and for minority senior citizens
presently furnished by State agencies and make appropriate
recommendations regarding such services, programs and
facilities to the Governor and/or the General Assembly.
(2-a) To request, receive, and share information
electronically through the use of data-sharing agreements for
the purpose of (i) establishing and verifying the initial and
continuing eligibility of older adults to participate in
programs administered by the Department; (ii) maximizing
federal financial participation in State assistance
expenditures; and (iii) investigating allegations of fraud or
other abuse of publicly funded benefits. Notwithstanding any
other law to the contrary, but only for the limited purposes
identified in the preceding sentence, this paragraph (2-a)


expressly authorizes the exchanges of income, identification,
and other pertinent eligibility information by and among the
Department and the Social Security Administration, the
Department of Employment Security, the Department of
Healthcare and Family Services, the Department of Human
Services, the Department of Revenue, the Secretary of State,
the U.S. Department of Veterans Affairs, and any other
governmental entity. The confidentiality of information
otherwise shall be maintained as required by law. In addition,
the Department on Aging shall verify employment information at
the request of a community care provider for the purpose of
ensuring program integrity under the Community Care Program.
(3) To function as the sole State agency to develop a
comprehensive plan to meet the needs of the State's senior
citizens and the State's minority senior citizens.
(4) To receive and disburse State and federal funds made
available directly to the Department including those funds
made available under the Older Americans Act and the Senior
Community Service Employment Program for providing services
for senior citizens and minority senior citizens or for
purposes related thereto, and shall develop and administer any
State Plan for the Aging required by federal law.
(5) To solicit, accept, hold, and administer in behalf of
the State any grants or legacies of money, securities, or
property to the State of Illinois for services to senior
citizens and minority senior citizens or purposes related


thereto.
(6) To provide consultation and assistance to communities,
area agencies on aging, and groups developing local services
for senior citizens and minority senior citizens.
(7) To promote community education regarding the problems
of senior citizens and minority senior citizens through
institutes, publications, radio, television and the local
press.
(8) To cooperate with agencies of the federal government
in studies and conferences designed to examine the needs of
senior citizens and minority senior citizens and to prepare
programs and facilities to meet those needs.
(9) To establish and maintain information and referral
sources throughout the State when not provided by other
agencies.
(10) To provide the staff support that may reasonably be
required by the Council.
(11) To make and enforce rules and regulations necessary
and proper to the performance of its duties.
(12) To establish and fund programs or projects or
experimental facilities that are specially designed as
alternatives to institutional care.
(13) To develop a training program to train the counselors
presently employed by the Department's aging network to
provide Medicare beneficiaries with counseling and advocacy in
Medicare, private health insurance, and related health care


coverage plans. The Department shall report to the General
Assembly on the implementation of the training program on or
before December 1, 1986.
(14) To make a grant to an institution of higher learning
to study the feasibility of establishing and implementing an
affirmative action employment plan for the recruitment,
hiring, training and retraining of persons 60 or more years
old for jobs for which their employment would not be precluded
by law.
(15) To present one award annually in each of the
categories of community service, education, the performance
and graphic arts, and the labor force to outstanding Illinois
senior citizens and minority senior citizens in recognition of
their individual contributions to either community service,
education, the performance and graphic arts, or the labor
force. The awards shall be presented to 4 senior citizens and
minority senior citizens selected from a list of 44 nominees
compiled annually by the Department. Nominations shall be
solicited from senior citizens' service providers, area
agencies on aging, senior citizens' centers, and senior
citizens' organizations. The Department shall establish a
central location within the State to be designated as the
Senior Illinoisans Hall of Fame for the public display of all
the annual awards, or replicas thereof.
(16) To establish multipurpose senior centers through area
agencies on aging and to fund those new and existing


multipurpose senior centers through area agencies on aging,
the establishment and funding to begin in such areas of the
State as the Department shall designate by rule and as
specifically appropriated funds become available.
(17) (Blank).
(18) To develop a pamphlet in English and Spanish which
may be used by physicians licensed to practice medicine in all
of its branches pursuant to the Medical Practice Act of 1987,
pharmacists licensed pursuant to the Pharmacy Practice Act,
and Illinois residents 65 years of age or older for the purpose
of assisting physicians, pharmacists, and patients in
monitoring prescriptions provided by various physicians and to
aid persons 65 years of age or older in complying with
directions for proper use of pharmaceutical prescriptions. The
pamphlet may provide space for recording information including
but not limited to the following:
(a) name and telephone number of the patient;
(b) name and telephone number of the prescribing
physician;
(c) date of prescription;
(d) name of drug prescribed;
(e) directions for patient compliance; and
(f) name and telephone number of dispensing pharmacy.
In developing the pamphlet, the Department shall consult
with the Illinois State Medical Society, the Center for
Minority Health Services, the Illinois Pharmacists Association


and senior citizens organizations. The Department shall
distribute the pamphlets to physicians, pharmacists and
persons 65 years of age or older or various senior citizen
organizations throughout the State.
(19) To conduct a study of the feasibility of implementing
the Senior Companion Program throughout the State.
(20) The reimbursement rates paid through the community
care program for chore housekeeping services and home care
aides shall be the same.
(21) (Blank). From funds appropriated to the Department
from the Meals on Wheels Fund, a special fund in the State
treasury that is hereby created, and in accordance with State
and federal guidelines and the intrastate funding formula, to
make grants to area agencies on aging, designated by the
Department, for the sole purpose of delivering meals to
homebound persons 60 years of age and older.
(22) To distribute, through its area agencies on aging,
information alerting seniors on safety issues regarding
emergency weather conditions, including extreme heat and cold,
flooding, tornadoes, electrical storms, and other severe storm
weather. The information shall include all necessary
instructions for safety and all emergency telephone numbers of
organizations that will provide additional information and
assistance.
(23) To develop guidelines for the organization and
implementation of Volunteer Services Credit Programs to be


administered by Area Agencies on Aging or community based
senior service organizations. The Department shall hold public
hearings on the proposed guidelines for public comment,
suggestion, and determination of public interest. The
guidelines shall be based on the findings of other states and
of community organizations in Illinois that are currently
operating volunteer services credit programs or demonstration
volunteer services credit programs. The Department shall offer
guidelines for all aspects of the programs including, but not
limited to, the following:
(a) types of services to be offered by volunteers;
(b) types of services to be received upon the
redemption of service credits;
(c) issues of liability for the volunteers and the
administering organizations;
(d) methods of tracking service credits earned and
service credits redeemed;
(e) issues of time limits for redemption of service
credits;
(f) methods of recruitment of volunteers;
(g) utilization of community volunteers, community
service groups, and other resources for delivering
services to be received by service credit program clients;
(h) accountability and assurance that services will be
available to individuals who have earned service credits;
and


(i) volunteer screening and qualifications.
The Department shall submit a written copy of the guidelines
to the General Assembly by July 1, 1998.
(24) To function as the sole State agency to receive and
disburse State and federal funds for providing adult
protective services in a domestic living situation in
accordance with the Adult Protective Services Act.
(25) To hold conferences, trainings, and other programs
for which the Department shall determine by rule a reasonable
fee to cover related administrative costs. Rules to implement
the fee authority granted by this paragraph (25) must be
adopted in accordance with all provisions of the Illinois
Administrative Procedure Act and all rules and procedures of
the Joint Committee on Administrative Rules; any purported
rule not so adopted, for whatever reason, is unauthorized.
(Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380,
eff. 8-16-13; 98-756, eff. 7-16-14; 99-331, eff. 1-1-16.)
Section 5-15. The Renewable Energy, Energy Efficiency, and
Coal Resources Development Law of 1997 is amended by changing
Section 6-3 as follows:
(20 ILCS 687/6-3)
(Section scheduled to be repealed on December 31, 2025)
Sec. 6-3. Renewable energy resources program.
(a) The Environmental Protection Agency, to be called the


"Agency" hereinafter in this Law, shall administer the
Renewable Energy Resources Program to provide grants, loans,
and other incentives to foster investment in and the
development and use of renewable energy resources.
(b) The Agency may, by administrative rule, establish and
adjust eligibility criteria for grants, loans, and other
incentives to foster investment in and the development and use
of renewable energy resources. The criteria should promote the
goal of fostering investment in and the development and use,
in Illinois, of renewable energy resources.
(c) The Agency may accept applications for grants, loans,
and other incentives to foster investment in and the
development and use of renewable energy resources.
(d) To the extent that funds are available and
appropriated, the Agency shall provide grants, loans, and
other incentives to applicants that meet the criteria
specified by the Agency.
(e) (Blank).
(f) As used in this Law, "renewable energy resources"
includes energy from wind, solar thermal energy, photovoltaic
cells and panels, dedicated crops grown for energy production
and organic waste biomass, hydropower that does not involve
new construction or significant expansion of hydropower dams,
and other such alternative sources of environmentally
preferable energy. "Renewable energy resources" does not
include, however, energy from the incineration or burning of


waste wood, tires, garbage, general household, institutional
and commercial waste, industrial lunchroom or office waste,
landscape waste, or construction or demolition debris.
(g) (Blank). There is created the Energy Efficiency
Investment Fund as a special fund in the State Treasury, to be
administered by the Agency to support the development of
technologies for wind, biomass, and solar power in Illinois.
The Agency may accept private and public funds, including
federal funds, for deposit into the Fund.
(Source: P.A. 102-444, eff. 8-20-21.)
(20 ILCS 1135/Act rep.)
Section 5-20. The Superconducting Super Collider Act is
repealed.
Section 5-25. The Illinois Commission on Volunteerism and
Community Service Act is amended by changing Section 4.5 as
follows:
(20 ILCS 1345/4.5)
Sec. 4.5. Serve Illinois Commission Fund; creation. The
Serve Illinois Commission Fund is created as a special fund in
the State treasury. All federal grant moneys awarded in
support of the activities authorized under this Act to the
Department of Human Services or the Commission may be
deposited into the Serve Illinois Commission Fund. In addition


to federal grant moneys, the Department and the Commission may
accept and deposit into the Serve Illinois Commission Fund any
other funds, grants, gifts, and bequests from any source,
public or private, in support of the activities authorized
under this Act. Appropriations from the Serve Illinois
Commission Fund shall be used for operations, grants, and
other purposes as authorized by this Act. Upon written
notification by the Secretary of Human Services, the State
Comptroller shall direct and the State Treasurer shall
transfer any remaining balance in the Federal National
Community Services Grant Fund to the Serve Illinois Commission
Fund.
(Source: P.A. 102-699, eff. 4-19-22.)
Section 5-30. The Mental Health and Developmental
Disabilities Administrative Act is amended by changing
Sections 18.4 and 18.5 as follows:
(20 ILCS 1705/18.4)
Sec. 18.4. Community Mental Health Medicaid Trust Fund;
reimbursement.
(a) The Community Mental Health Medicaid Trust Fund is
hereby created in the State Treasury.
(b) Amounts paid to the State during each State fiscal
year by the federal government under Title XIX or Title XXI of
the Social Security Act for services delivered by community


mental health providers, and any interest earned thereon,
shall be deposited 100% into the Community Mental Health
Medicaid Trust Fund. Not more than $4,500,000 of the Community
Mental Health Medicaid Trust Fund may be used by the
Department of Human Services' Division of Mental Health for
oversight and administration of community mental health
services, and of that amount no more than $1,000,000 may be
used for the support of community mental health service
initiatives. The remainder shall be used for the purchase of
community mental health services.
(b-5) Whenever a State mental health facility operated by
the Department is closed and the real estate on which the
facility is located is sold by the State, the net proceeds of
the sale of the real estate shall be deposited into the
Community Mental Health Medicaid Trust Fund and used for the
purposes enumerated in subsections (c) and (c-1) of Section
4.6 of the Community Services Act; however, under subsection
(e) of Section 4.6 of the Community Services Act, the
Department may set aside a portion of the net proceeds of the
sale of the real estate for deposit into the Human Services
Priority Capital Program Fund. The portion set aside shall be
used for the purposes enumerated in Section 6z-71 of the State
Finance Act.
(c) The Department shall reimburse community mental health
providers for services provided to eligible individuals.
Moneys in the Trust Fund may be used for that purpose.


(c-5) The Community Mental Health Medicaid Trust Fund is
not subject to administrative charge-backs.
(c-10) The Department of Human Services shall annually
report to the Governor and the General Assembly, by September
1, on both the total revenue deposited into the Trust Fund and
the total expenditures made from the Trust Fund for the
previous fiscal year. This report shall include detailed
descriptions of both revenues and expenditures regarding the
Trust Fund from the previous fiscal year. This report shall be
presented by the Secretary of Human Services to the
appropriate Appropriations Committee in the House of
Representatives, as determined by the Speaker of the House,
and in the Senate, as determined by the President of the
Senate. This report shall be made available to the public and
shall be published on the Department of Human Services'
website in an appropriate location, a minimum of one week
prior to presentation of the report to the General Assembly.
(d) As used in this Section:
"Trust Fund" means the Community Mental Health Medicaid
Trust Fund.
"Community mental health provider" means a community
agency that is funded by the Department to provide a service.
"Service" means a mental health service provided pursuant
to the provisions of administrative rules adopted by the
Department and funded by or claimed through the Department of
Human Services' Division of Mental Health.


(Source: P.A. 97-333, eff. 8-12-11; 98-815, eff. 8-1-14.)
(20 ILCS 1705/18.5)
Sec. 18.5. Community Developmental Disability Services
Medicaid Trust Fund; reimbursement.
(a) The Community Developmental Disability Services
Medicaid Trust Fund is hereby created in the State treasury.
(b) Beginning in State fiscal year 2019, funds in any
fiscal year in amounts not exceeding a total of $60,000,000
paid to the State by the federal government under Title XIX or
Title XXI of the Social Security Act for services delivered by
community developmental disability services providers shall be
deposited into the Community Developmental Disability Services
Medicaid Trust Fund to pay for Medicaid-reimbursed community
developmental disability services provided to eligible
individuals.
(b-5) (Blank).
(b-7) The Community Developmental Disability Services
Medicaid Trust Fund is not subject to administrative
charge-backs.
(b-9) (Blank).
(b-10) Whenever a State developmental disabilities
facility operated by the Department is closed and the real
estate on which the facility is located is sold by the State,
the net proceeds of the sale of the real estate shall be
deposited into the Community Developmental Disability Services


Medicaid Trust Fund and used for the purposes enumerated in
subsections (c) and (d) of Section 4.6 of the Community
Services Act; however, under subsection (e) of Section 4.6 of
the Community Services Act, the Department may set aside a
portion of the net proceeds of the sale of the real estate for
deposit into the Human Services Priority Capital Program Fund.
The portion set aside shall be used for the purposes
enumerated in Section 6z-71 of the State Finance Act.
(c) For purposes of this Section:
"Trust Fund" means the Community Developmental Disability
Services Medicaid Trust Fund.
"Medicaid-reimbursed developmental disability services"
means services provided by a community developmental
disability provider under an agreement with the Department
that is eligible for reimbursement under the federal Title XIX
program or Title XXI program.
"Provider" means a qualified entity as defined in the
State's Home and Community-Based Services Waiver for Persons
with Developmental Disabilities that is funded by the
Department to provide a Medicaid-reimbursed service.
(Source: P.A. 100-587, eff. 6-4-18.)
Section 5-35. The State Fire Marshal Act is amended by
changing Section 2.7 as follows:
(20 ILCS 2905/2.7)


Sec. 2.7. Small Fire-fighting and Ambulance Service
Equipment Grant Program.
(a) The Office shall establish and administer a Small
Fire-fighting and Ambulance Service Equipment Grant Program to
award grants to fire departments, fire protection districts,
and volunteer, non-profit, stand alone ambulance services for
the purchase of small fire-fighting and ambulance equipment.
(b) (Blank).
(b-1) (Blank). The Fire Service and Small Equipment Fund
is dissolved. Any moneys remaining in the Fund on the
effective date of this amendatory Act of the 97th General
Assembly shall be transferred to the Fire Prevention Fund.
(c) As used in this Section, "small fire-fighting and
ambulance equipment" includes, without limitation, turnout
gear, air packs, thermal imaging cameras, jaws of life,
defibrillators, communications equipment, including but not
limited to pagers and radios, and other fire-fighting or life
saving equipment, as determined by the State Fire Marshal.
(d) The Office shall adopt any rules necessary for the
implementation and administration of this Section.
(Source: P.A. 96-386, eff. 8-13-09; 97-901, eff. 1-1-13.)
Section 5-40. The Historic Preservation Act is amended by
changing Section 16 as follows:
(20 ILCS 3405/16) (from Ch. 127, par. 2716)


Sec. 16. The Department shall have the following
additional powers:
(a) To hire agents and employees necessary to carry
out the duties and purposes of this Act.
(b) To take all measures necessary to erect, maintain,
preserve, restore, and conserve all State Historic Sites
and State Memorials, except when supervision and
maintenance is otherwise provided by law. This
authorization includes the power to enter into contracts,
acquire and dispose of real and personal property, and
enter into leases of real and personal property. The
Department has the power to acquire, for purposes
authorized by law, any real property in fee simple subject
to a life estate in the seller in not more than 3 acres of
the real property acquired, subject to the restrictions
that the life estate shall be used for residential
purposes only and that it shall be non-transferable.
(c) To provide recreational facilities, including
campsites, lodges and cabins, trails, picnic areas, and
related recreational facilities, at all sites under the
jurisdiction of the Department.
(d) To lay out, construct, and maintain all needful
roads, parking areas, paths or trails, bridges, camp or
lodge sites, picnic areas, lodges and cabins, and any
other structures and improvements necessary and
appropriate in any State historic site or easement


thereto; and to provide water supplies, heat and light,
and sanitary facilities for the public and living quarters
for the custodians and keepers of State historic sites.
(e) To grant licenses and rights-of-way within the
areas controlled by the Department for the construction,
operation, and maintenance upon, under or across the
property, of facilities for water, sewage, telephone,
telegraph, electric, gas, or other public service, subject
to the terms and conditions as may be determined by the
Department.
(f) To authorize the officers, employees, and agents
of the Department, for the purposes of investigation and
to exercise the rights, powers, and duties vested and that
may be vested in it, to enter and cross all lands and
waters in this State, doing no damage to private property.
(g) To transfer jurisdiction of or exchange any realty
under the control of the Department to any other
Department of the State Government, or to any agency of
the Federal Government, or to acquire or accept Federal
lands, when any transfer, exchange, acquisition, or
acceptance is advantageous to the State and is approved in
writing by the Governor.
(h) To erect, supervise, and maintain all public
monuments and memorials erected by the State, except when
the supervision and maintenance of public monuments and
memorials is otherwise provided by law.


(i) To accept, hold, maintain, and administer, as
trustee, property given in trust for educational or
historic purposes for the benefit of the People of the
State of Illinois and to dispose of any property under the
terms of the instrument creating the trust.
(j) To lease concessions on any property under the
jurisdiction of the Department for a period not exceeding
25 years and to lease a concession complex at Lincoln's
New Salem State Historic Site for which a cash incentive
has been authorized under Section 5.1 of this Act for a
period not to exceed 40 years. All leases, for whatever
period, shall be made subject to the written approval of
the Governor. All concession leases extending for a period
in excess of 10 years, will contain provisions for the
Department to participate, on a percentage basis, in the
revenues generated by any concession operation.
The Department is authorized to allow for provisions
for a reserve account and a leasehold account within
Department concession lease agreements for the purpose of
setting aside revenues for the maintenance,
rehabilitation, repair, improvement, and replacement of
the concession facility, structure, and equipment of the
Department that are part of the leased premises.
The lessee shall be required to pay into the reserve
account a percentage of gross receipts, as set forth in
the lease, to be set aside and expended in a manner


acceptable to the Department by the concession lessee for
the purpose of ensuring that an appropriate amount of the
lessee's moneys are provided by the lessee to satisfy the
lessee's incurred responsibilities for the operation of
the concession facility under the terms and conditions of
the concession lease.
The lessee account shall allow for the amortization of
certain authorized expenses that are incurred by the
concession lessee but that are not an obligation of the
lessee under the terms and conditions of the lease
agreement. The Department may allow a reduction of up to
50% of the monthly rent due for the purpose of enabling the
recoupment of the lessee's authorized expenditures during
the term of the lease.
(k) To sell surplus agricultural products grown on
land owned by or under the jurisdiction of the Department,
when the products cannot be used by the Department.
(l) To enforce the laws of the State and the rules and
regulations of the Department in or on any lands owned,
leased, or managed by the Department.
(m) To cooperate with private organizations and
agencies of the State of Illinois by providing areas and
the use of staff personnel where feasible for the sale of
publications on the historic and cultural heritage of the
State and craft items made by Illinois craftsmen. These
sales shall not conflict with existing concession


agreements. The Department is authorized to negotiate with
the organizations and agencies for a portion of the monies
received from sales to be returned to the Illinois
Department's Historic Sites Fund for the furtherance of
interpretive and restoration programs.
(n) To establish local bank or savings and loan
association accounts, upon the written authorization of
the Director, to temporarily hold income received at any
of its properties. The local accounts established under
this Section shall be in the name of the Department and
shall be subject to regular audits. The balance in a local
bank or savings and loan association account shall be
forwarded to the Department for deposit with the State
Treasurer on Monday of each week if the amount to be
deposited in a fund exceeds $500.
No bank or savings and loan association shall receive
public funds as permitted by this Section, unless it has
complied with the requirements established under Section 6
of the Public Funds Investment Act.
(o) To accept offers of gifts, gratuities, or grants
from the federal government, its agencies, or offices, or
from any person, firm, or corporation.
(p) To make reasonable rules and regulations as may be
necessary to discharge the duties of the Department.
(q) With appropriate cultural organizations, to
further and advance the goals of the Department.


(r) To make grants for the purposes of planning,
survey, rehabilitation, restoration, reconstruction,
landscaping, and acquisition of Illinois properties (i)
designated individually in the National Register of
Historic Places, (ii) designated as a landmark under a
county or municipal landmark ordinance, or (iii) located
within a National Register of Historic Places historic
district or a locally designated historic district when
the Director determines that the property is of historic
significance whenever an appropriation is made therefor by
the General Assembly or whenever gifts or grants are
received for that purpose and to promulgate regulations as
may be necessary or desirable to carry out the purposes of
the grants.
Grantees may, as prescribed by rule, be required to
provide matching funds for each grant. Grants made under
this subsection shall be known as Illinois Heritage
Grants.
Every owner of a historic property, or the owner's
agent, is eligible to apply for a grant under this
subsection.
(s) To establish and implement a pilot program for
charging admission to State historic sites. Fees may be
charged for special events, admissions, and parking or any
combination; fees may be charged at all sites or selected
sites. All fees shall be deposited into the Illinois


Historic Sites Fund. The Department shall have the
discretion to set and adjust reasonable fees at the
various sites, taking into consideration various factors,
including, but not limited to: cost of services furnished
to each visitor, impact of fees on attendance and tourism,
and the costs expended collecting the fees. The Department
shall keep careful records of the income and expenses
resulting from the imposition of fees, shall keep records
as to the attendance at each historic site, and shall
report to the Governor and General Assembly by January 31
after the close of each year. The report shall include
information on costs, expenses, attendance, comments by
visitors, and any other information the Department may
believe pertinent, including:
(1) Recommendations as to whether fees should be
continued at each State historic site.
(2) How the fees should be structured and imposed.
(3) Estimates of revenues and expenses associated
with each site.
(t) To provide for overnight tent and trailer
campsites and to provide suitable housing facilities for
student and juvenile overnight camping groups. The
Department shall charge rates similar to those charged by
the Department for the same or similar facilities and
services.
(u) To engage in marketing activities designed to


promote the sites and programs administered by the
Department. In undertaking these activities, the
Department may take all necessary steps with respect to
products and services, including, but not limited to,
retail sales, wholesale sales, direct marketing, mail
order sales, telephone sales, advertising and promotion,
purchase of product and materials inventory, design,
printing and manufacturing of new products, reproductions,
and adaptations, copyright and trademark licensing and
royalty agreements, and payment of applicable taxes. In
addition, the Department shall have the authority to sell
advertising in its publications and printed materials. All
income from marketing activities shall be deposited into
the Illinois Historic Sites Fund.
(Source: P.A. 102-1005, eff. 5-27-22.)
Section 5-45. The Archaeological and Paleontological
Resources Protection Act is amended by changing Section 5 as
follows:
(20 ILCS 3435/5) (from Ch. 127, par. 133c5)
Sec. 5. Penalties. Any violation of Section 3 not
involving the disturbance of human remains is a Class A
misdemeanor and the violator shall also be subject to a fine
not in excess of $5,000; any subsequent violation is a Class 4
felony. Any violation of Section 3 involving disturbance of


human remains is a Class 4 felony. Each disturbance of an
archaeological site or a paleontological site shall constitute
a single offense. Persons convicted of a violation of Section
3 shall also be ordered to pay restitution. Such restitution
is to be assessed by the circuit court. Restitution may
include, but is not limited to:
(a) (blank);
(b) any and all costs incurred in cleaning, restoring,
analyzing, accessioning and curating the recovered
materials;
(c) any and all costs associated with restoring the
land to its original contour;
(d) any and all costs associated with recovery of data
and analyzing, publishing, accessioning and curating
materials when the prohibited activity is so extensive as
to preclude the restoration of the archaeological or
paleontological site;
(e) any and all costs associated with the
determination and collection of restitution.
When restitution is ordered in a case that is prosecuted
by the Attorney General, all restitution shall be deposited
into the Illinois Historic Sites Fund; when restitution is
ordered in a case that is prosecuted by the State's Attorney,
the proceeds shall be deposited into the county fund
designated by the county board.
(Source: P.A. 103-446, eff. 8-4-23.)


Section 5-50. The State Finance Act is amended by changing
Sections 5, 6z-82, and 8.8a as follows:
(30 ILCS 105/5) (from Ch. 127, par. 141)
Sec. 5. Special funds.
(a) There are special funds in the State Treasury
designated as specified in the Sections which succeed this
Section 5 and precede Section 5d 6.
(b) Except as provided in the Illinois Vehicle Hijacking
and Motor Vehicle Theft Prevention and Insurance Verification
Act, when any special fund in the State Treasury is
discontinued by an Act of the General Assembly, any balance
remaining therein on the effective date of such Act shall be
transferred to the General Revenue Fund, or to such other fund
as such Act shall provide. Warrants outstanding against such
discontinued fund at the time of the transfer of any such
balance therein shall be paid out of the fund to which the
transfer was made.
(c) When any special fund in the State Treasury has been
inactive for 18 months or longer, the Comptroller may
terminate the fund, and the balance remaining in such fund
shall be transferred by the Comptroller to the General Revenue
Fund. When a special fund has been terminated by the
Comptroller as provided in this Section, the General Assembly
shall repeal or amend all Sections of the statutes creating or


otherwise referring to that fund.
The Comptroller shall be allowed the discretion to
maintain or dissolve any federal trust fund which has been
inactive for 18 months or longer.
(d) (Blank).
(e) (Blank).
(Source: P.A. 102-904, eff. 1-1-23; 103-266, eff. 1-1-24.)
(30 ILCS 105/6z-82)
Sec. 6z-82. State Police Operations Assistance Fund.
(a) There is created in the State treasury a special fund
known as the State Police Operations Assistance Fund. The Fund
shall receive revenue under the Criminal and Traffic
Assessment Act. The Fund may also receive revenue from grants,
donations, appropriations, and any other legal source.
(a-5) (Blank). This Fund may charge, collect, and receive
fees or moneys as described in Section 15-312 of the Illinois
Vehicle Code, and receive all fees received by the Illinois
State Police under that Section. The moneys shall be used by
the Illinois State Police for its expenses in providing police
escorts and commercial vehicle enforcement activities.
(b) The Illinois State Police may use moneys in the Fund to
finance any of its lawful purposes or functions.
(c) Expenditures may be made from the Fund only as
appropriated by the General Assembly by law.
(d) Investment income that is attributable to the


investment of moneys in the Fund shall be retained in the Fund
for the uses specified in this Section.
(e) The State Police Operations Assistance Fund shall not
be subject to administrative chargebacks.
(f) (Blank).
(g) (Blank).
(h) (Blank). Notwithstanding any other provision of law,
in addition to any other transfers that may be provided by law,
on the effective date of this amendatory Act of the 103rd
General Assembly, or as soon thereafter as practical, the
State Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the State Police
Streetgang-Related Crime Fund to the State Police Operations
Assistance Fund. Upon completion of the transfers, the State
Police Streetgang-Related Crime Fund is dissolved, and any
future deposits into the State Police Streetgang-Related Crime
Fund and any outstanding obligations or liabilities of the
State Police Streetgang-Related Crime Fund pass to the State
Police Operations Assistance Fund.
(Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21;
102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-34, eff.
6-9-23; 103-363, eff. 7-28-23; revised 9-7-23.)
(30 ILCS 105/8.8a) (from Ch. 127, par. 144.8a)
Sec. 8.8a. Appropriations for the sale or transfer of
surplus or transferable property by the Department of Central


Management Services, and for all other expenses incident to
the handling, transportation, maintenance and storage of such
surplus property, including personal services and contractual
services connected therewith and for expenses incident to the
establishment and operation of wastepaper recycling programs
by the Department, are payable from the State Surplus Property
Revolving Fund through the end of State fiscal year 2020, and
shall be payable from the General Revenue Fund beginning in
State fiscal year 2021.
(Source: P.A. 101-636, eff. 6-10-20.)
(30 ILCS 105/5.544 rep.)
(30 ILCS 105/5.668 rep.)
(30 ILCS 105/5.709 rep.)
(30 ILCS 105/5.795 rep.)
(30 ILCS 105/6p-3 rep.)
Section 5-55. The State Finance Act is amended by
repealing Sections 5.544, 5.668, 5.709, 5.795, and 6p-3.
(30 ILCS 145/Act rep.)
Section 5-60. The Heritage Preservation Act is repealed.
(30 ILCS 175/Act rep.)
Section 5-65. The United States Olympians Assistance Act
is repealed.


(30 ILCS 190/Act rep.)
Section 5-70. The Cash Management and Medicaid
Maximization Act of 2011 is repealed.
Section 5-75. The Federal Commodity Disbursement Act is
amended by changing Section 2 as follows:
(30 ILCS 255/2) (from Ch. 127, par. 176c)
Sec. 2. Any officer, department or agency of this State
who or which shall be designated by the Governor as the State
Agency for Surplus Property Utilization is authorized to
promulgate regulations for the carrying out of its
distribution of surplus funds and commodities. All fees and
moneys collected or received by the employees or agents of the
State officer or agency who or which is designated as the
receiving agency shall be deposited into the General Revenue
Fund paid or turned over to and held by the State Treasurer as
ex officio custodian thereof separate and apart from all
public funds or moneys of this State and shall be known as the
Federal account of the State Surplus Property Revolving Fund,
to be administered by the designated State officer or agency.
All disbursements from this fund shall be made only upon
warrants of the State Comptroller drawn upon the Treasurer as
custodian of this fund upon vouchers signed by the designated
State officer or agency, and the Comptroller is hereby
authorized to draw such warrants upon vouchers so signed. The


Treasurer shall accept all warrants so signed and shall be
released from liability for all payments made thereon.
(Source: P.A. 83-9.)
(30 ILCS 750/Art. 2 rep.)
Section 5-80. The Build Illinois Act is amended by
repealing Article 2.
Section 5-85. The School Code is amended by changing
Section 27-12.1 as follows:
(105 ILCS 5/27-12.1) (from Ch. 122, par. 27-12.1)
Sec. 27-12.1. Consumer education.
(a) Pupils in the public schools in grades 9 through 12
shall be taught and be required to study courses which include
instruction in the area of consumer education, including but
not necessarily limited to (i) understanding the basic
concepts of financial literacy, including consumer debt and
installment purchasing (including credit scoring, managing
credit debt, and completing a loan application), budgeting,
savings and investing, banking (including balancing a
checkbook, opening a deposit account, and the use of interest
rates), understanding simple contracts, State and federal
income taxes, personal insurance policies, the comparison of
prices, higher education student loans, identity-theft
security, and homeownership (including the basic process of


obtaining a mortgage and the concepts of fixed and adjustable
rate mortgages, subprime loans, and predatory lending), and
(ii) understanding the roles of consumers interacting with
agriculture, business, labor unions and government in
formulating and achieving the goals of the mixed free
enterprise system. The State Board of Education shall devise
or approve the consumer education curriculum for grades 9
through 12 and specify the minimum amount of instruction to be
devoted thereto.
(b) (Blank).
(c) (Blank). The Financial Literacy Fund is created as a
special fund in the State treasury. State funds and private
contributions for the promotion of financial literacy shall be
deposited into the Financial Literacy Fund. All money in the
Financial Literacy Fund shall be used, subject to
appropriation, by the State Board of Education to award grants
to school districts for the following:
(1) Defraying the costs of financial literacy training
for teachers.
(2) Rewarding a school or teacher who wins or achieves
results at a certain level of success in a financial
literacy competition.
(3) Rewarding a student who wins or achieves results
at a certain level of success in a financial literacy
competition.
(4) Funding activities, including books, games, field


trips, computers, and other activities, related to
financial literacy education.
In awarding grants, every effort must be made to ensure
that all geographic areas of the State are represented.
(d) A school board may establish a special fund in which to
receive public funds and private contributions for the
promotion of financial literacy. Money in the fund shall be
used for the following:
(1) Defraying the costs of financial literacy training
for teachers.
(2) Rewarding a school or teacher who wins or achieves
results at a certain level of success in a financial
literacy competition.
(3) Rewarding a student who wins or achieves results
at a certain level of success in a financial literacy
competition.
(4) Funding activities, including books, games, field
trips, computers, and other activities, related to
financial literacy education.
(e) The State Board of Education, upon the next
comprehensive review of the Illinois Learning Standards, is
urged to include the basic principles of personal insurance
policies and understanding simple contracts.
(Source: P.A. 99-284, eff. 8-5-15.)
Section 5-90. The Community Association Manager Licensing


and Disciplinary Act is amended by changing Section 65 as
follows:
(225 ILCS 427/65)
(Section scheduled to be repealed on January 1, 2027)
Sec. 65. Fees; Division of Real Estate General Fund.
(a) The fees for the administration and enforcement of
this Act, including, but not limited to, initial licensure,
renewal, and restoration, shall be set by rule of the
Department. The fees shall be nonrefundable.
(b) In addition to the application fee, applicants for the
examination are required to pay, either to the Department or
the designated testing service, a fee covering the cost of
determining an applicant's eligibility and providing the
examination. Failure to appear for the examination on the
scheduled date, at the time and place specified, after the
applicant's application and fee for examination have been
received and acknowledged by the Department or the designated
testing service, shall result in the forfeiture of the fee.
(c) All Prior to July 1, 2023, all fees, fines, penalties,
or other monies received or collected pursuant to this Act
shall be deposited in the Community Association Manager
Licensing and Disciplinary Fund. Beginning on July 1, 2023,
all fees, fines, penalties, or other monies received or
collected pursuant to this Act shall be deposited in the
Division of Real Estate General Fund.


(d) Moneys in the Community Association Manager Licensing
and Disciplinary Fund and the Division of Real Estate General
Fund may be transferred to the Professions Indirect Cost Fund,
as authorized under Section 2105-300 of the Department of
Professional Regulation Law of the Civil Administrative Code
of Illinois.
(e) (Blank). Notwithstanding any other provision of law,
in addition to any other transfers that may be provided by law,
on July 1, 2023, or as soon thereafter as practical, the State
Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the Community Association
Manager Licensing and Disciplinary Fund into the Division of
Real Estate General Fund. Upon completion of the transfer, the
Community Association Manager Licensing and Disciplinary Fund
is dissolved, and any future deposits due to that Fund and any
outstanding obligations or liabilities of that Fund pass to
the Division of Real Estate General Fund.
(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
Section 5-95. The Home Inspector License Act is amended by
changing Sections 15-5 and 25-5 as follows:
(225 ILCS 441/15-5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 15-5. Unlicensed practice; civil penalty.
(a) Any person who practices, offers to practice, attempts


to practice, or holds oneself out to practice home inspection
or as a home inspector without being licensed under this Act
shall, in addition to any other penalty provided by law, pay a
civil penalty to the Department in an amount not to exceed
$25,000 for each violation of this Act as determined by the
Department. The civil penalty shall be assessed by the
Department after a hearing is held in accordance with the
provisions of this Act.
(b) The Department has the authority and power to
investigate any unlicensed activity.
(c) A civil penalty shall be paid within 60 days after the
effective date of the order imposing the civil penalty. The
Department may petition the circuit court for a judgment to
enforce the collection of the penalty. Any Prior to July 1,
2023, any civil penalties collected under this Act shall be
made payable to the Department and deposited into the Home
Inspector Administration Fund. Beginning on July 1, 2023, any
civil penalties collected under this Act shall be made payable
to the Department and deposited into the Division of Real
Estate General Fund.
(Source: P.A. 102-970, eff. 5-27-22.)
(225 ILCS 441/25-5)
(Section scheduled to be repealed on January 1, 2027)
Sec. 25-5. Division of Real Estate General Fund;
surcharge.


(a) (Blank). The Home Inspector Administration Fund is
created as a special fund in the State Treasury. Prior to July
1, 2023, all fees, fines, and penalties received by the
Department under this Act shall be deposited into the Home
Inspector Administration Fund. All earnings attributable to
investment of funds in the Home Inspector Administration Fund
shall be credited to the Home Inspector Administration Fund.
Subject to appropriation, the moneys in the Home Inspector
Administration Fund shall be appropriated to the Department
for the expenses incurred by the Department in the
administration of this Act.
(a-5) The Division of Real Estate General Fund is created
as a special fund in the State Treasury. All Beginning on July
1, 2023, all fees, fines, and penalties received by the
Department under this Act shall be deposited into the Division
of Real Estate General Fund. All earnings attributable to
investment of funds in the Division of Real Estate General
Fund shall be credited to the Division of Real Estate General
Fund. Subject to appropriation, the moneys in the Division of
Real Estate General Fund shall be appropriated to the
Department for the expenses incurred by the Department in the
administration of this Act.
(b) (Blank).
(c) (Blank).
(c-5) Moneys in the Home Inspection Administration Fund
and the Division of Real Estate General Fund may be


transferred to the Professions Indirect Cost Fund, as
authorized under Section 2105-300 of the Department of
Professional Regulation Law of the Civil Administrative Code
of Illinois.
(d) Upon the completion of any audit of the Department, as
prescribed by the Illinois State Auditing Act, that includes
an audit of the Home Inspector Administration Fund or the
Division of Real Estate General Fund, the Department shall
make the audit report open to inspection by any interested
person.
(e) (Blank). Notwithstanding any other provision of law,
in addition to any other transfers that may be provided by law,
on July 1, 2023, or as soon thereafter as practical, the State
Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the Home Inspector
Administration Fund into the Division of Real Estate General
Fund. Upon completion of the transfer, the Home Inspector
Administration Fund is dissolved, and any future deposits due
to that Fund and any outstanding obligations or liabilities of
that Fund pass to the Division of Real Estate General Fund.
(Source: P.A. 102-970, eff. 5-27-22.)
Section 5-100. The Illinois Affordable Housing Act is
amended by changing Sections 3 and 7 as follows:
(310 ILCS 65/3) (from Ch. 67 1/2, par. 1253)


Sec. 3. Definitions. As used in this Act:
(a) "Program" means the Illinois Affordable Housing
Program.
(b) "Trust Fund" means the Illinois Affordable Housing
Trust Fund.
(b-5) (Blank). "Capital Fund" means the Illinois
Affordable Housing Capital Fund.
(c) "Low-income household" means a single person, family
or unrelated persons living together whose adjusted income is
more than 50%, but less than 80%, of the median income of the
area of residence, adjusted for family size, as such adjusted
income and median income for the area are determined from time
to time by the United States Department of Housing and Urban
Development for purposes of Section 8 of the United States
Housing Act of 1937.
(d) "Very low-income household" means a single person,
family or unrelated persons living together whose adjusted
income is not more than 50% of the median income of the area of
residence, adjusted for family size, as such adjusted income
and median income for the area are determined from time to time
by the United States Department of Housing and Urban
Development for purposes of Section 8 of the United States
Housing Act of 1937.
(e) "Affordable housing" means residential housing that,
so long as the same is occupied by low-income households or
very low-income households, requires payment of monthly


housing costs, including utilities other than telephone, of no
more than 30% of the maximum allowable income as stated for
such households as defined in this Section.
(f) "Multi-family housing" means a building or buildings
providing housing to 5 or more households.
(g) "Single-family housing" means a building containing
one to 4 dwelling units, including a mobile home as defined in
subsection (b) of Section 3 of the Mobile Home Landlord and
Tenant Rights Act, as amended.
(h) "Community-based organization" means a not-for-profit
entity whose governing body includes a majority of members who
reside in the community served by the organization.
(i) "Advocacy organization" means a not-for-profit
organization which conducts, in part or in whole, activities
to influence public policy on behalf of low-income or very
low-income households.
(j) "Program Administrator" means the Illinois Housing
Development Authority.
(k) "Funding Agent" means the Illinois Department of Human
Services.
(l) "Commission" means the Affordable Housing Advisory
Commission.
(m) "Congregate housing" means a building or structure in
which 2 or more households, inclusive, share common living
areas and may share child care, cleaning, cooking and other
household responsibilities.


(n) "Eligible applicant" means a proprietorship,
partnership, for-profit corporation, not-for-profit
corporation or unit of local government which seeks to use
fund assets as provided in this Article.
(o) "Moderate income household" means a single person,
family or unrelated persons living together whose adjusted
income is more than 80% but less than 120% of the median income
of the area of residence, adjusted for family size, as such
adjusted income and median income for the area are determined
from time to time by the United States Department of Housing
and Urban Development for purposes of Section 8 of the United
States Housing Act of 1937.
(p) "Affordable Housing Program Trust Fund Bonds or Notes"
means the bonds or notes issued by the Program Administrator
under the Illinois Housing Development Act to further the
purposes of this Act.
(q) "Trust Fund Moneys" means all moneys, deposits,
revenues, income, interest, dividends, receipts, taxes,
proceeds and other amounts or funds deposited or to be
deposited into the Trust Fund pursuant to subsection (b) of
Section 5(b) of this Act and any proceeds, investments or
increase thereof.
(r) "Program Escrow" means accounts, except those accounts
relating to any Affordable Housing Program Trust Fund Bonds or
Notes, designated by the Program Administrator, into which
Trust Fund Moneys are deposited.


(s) "Common household pet" means a domesticated animal,
such as a dog (canis lupus familiaris) or cat (felis catus),
which is commonly kept in the home for pleasure rather than for
commercial purposes.
(Source: P.A. 102-283, eff. 1-1-22; 103-8, eff. 7-1-23.)
(310 ILCS 65/7) (from Ch. 67 1/2, par. 1257)
Sec. 7. Powers of the Program Administrator. The Program
Administrator, in addition to the powers set forth in the
Illinois Housing Development Act and the powers identified in
Sections 8 and 9 of this Act, has the power to:
(a) identify, select and make financing available to
eligible applicants from monies in the Trust Fund or the
Capital Fund or from monies secured by the Trust Fund or
the Capital Fund for affordable housing for low and very
low-income families;
(b) purchase first and second mortgages, to make
secured, unsecured or deferred repayment loans, to make no
interest or low interest loans or to issue grants,
payments or subsidies for the predevelopment expenses,
acquisition, construction, rehabilitation development,
operation, insurance, or retention of projects in support
of affordable single family and multi-family housing for
low and very low-income households;
(c) expend monies for mortgage participation
certificates representing an undivided interest in


specified, first-lien conventional residential Illinois
mortgages which are underwritten, insured, guaranteed or
purchased by the Federal Home Loan Mortgage Corporation;
(d) fix, determine, charge and collect any fees, costs
and expenses, including without limitation, any
application fees, commitment or servicing fees, program
fees, financing charges, or publication fees in connection
with activities under this Act;
(e) establish applications, notification procedures,
and other forms, and to prepare and issue rules deemed
necessary and appropriate to implement this Act with
consultation from the Commission; and to issue emergency
rules, as necessary, for program implementation needed
prior to publication of the first annual plan required by
Section 12 of this Act;
(f) make and enter into and enforce all loans, loan
commitments, contracts and agreements necessary,
convenient or desirable to the performance of its duties
and the execution of its powers under this Act;
(g) consent, subject to the provisions of any contract
or agreement with another person, whenever it deems it is
necessary or desirable in the fulfillment of the purposes
of this Act, to the modification or restructuring of any
loan commitment, loan, contract or agreement to which the
Program Administrator is a party;
(h) acquire by purchase, gift, or foreclosure, but not


by condemnation, any real or personal property, or any
interest therein, to procure insurance against loss, to
enter into any lease of property and to hold, sell,
assign, lease, mortgage or otherwise dispose of any real
or personal property, or any interest therein, or
relinquish any right, title, claim, lien, interest,
easement or demand however acquired, and to do any of the
foregoing by public or private sale;
(i) subject to the provisions of any contract or
agreement with another party to collect, enforce the
collection of, and foreclose on any property or collateral
securing its loan or loans, mortgage or mortgages, and
acquire or take possession of such property or collateral
and release or relinquish any right, title, claim, lien,
interest, easement, or demand in property foreclosed by it
or to sell the same at public or private sale, with or
without bidding, and otherwise deal with such collateral
as may be necessary to protect the interest of the Program
Administrator;
(j) sell any eligible loan made by the Program
Administrator or mortgage interest owned by it, at public
or private sale, with or without bidding, either singly or
in groups, or in shares of loans or shares of groups of
loans, and to deposit and invest the funds derived from
such sales in any manner authorized by this Act;
(k) provide, contract or arrange, or participate with


or enter into agreements with any department, agency or
authority of the United States or of this State, or any
local unit of government, or any banking institution,
insurance company, trust or fiduciary or any foundation or
not-for-profit agency for the review, application,
servicing, processing or administration of any proposed
loan, grant, application, servicing, processing or
administration of any proposed loan, grant, agreement, or
contract of the Department when such arrangement is in
furtherance of this Act;
(l) receive and accept any gifts, grants, donations or
contributions from any source, of money, property, labor
or other things of value, to be held, used and applied to
carry out the purposes of this Act subject to including,
but not limited to, gifts or grants from any Department or
agency of the United States or the State or from any local
unit of government, not-for-profit organization or private
firm or individual for any purpose consistent with this
Act; and
(m) exercise such other powers as are necessary or
incidental to the administration of this Act or
performance of duties under this Act.
(Source: P.A. 95-710, eff. 6-1-08.)
(310 ILCS 65/5.5 rep.)
(310 ILCS 65/8.5 rep.)


Section 5-105. The Illinois Affordable Housing Act is
amended by repealing Sections 5.5 and 8.5.
(410 ILCS 315/2b rep.)
Section 5-110. The Communicable Disease Prevention Act is
amended by repealing Section 2b.
Section 5-115. The Environmental Protection Act is amended
by changing Section 58.15 as follows:
(415 ILCS 5/58.15)
Sec. 58.15. Brownfields Programs.
(A) Brownfields Redevelopment Loan Program.
(a) The Agency shall establish and administer a revolving
loan program to be known as the "Brownfields Redevelopment
Loan Program" for the purpose of providing loans to be used for
site investigation, site remediation, or both, at brownfields
sites. All principal, interest, and penalty payments from
loans made under this subsection (A) shall be deposited into
the Brownfields Redevelopment Fund and reused in accordance
with this Section.
(b) General requirements for loans:
(1) Loans shall be at or below market interest rates
in accordance with a formula set forth in regulations
promulgated under subdivision (A)(c) of this subsection
(A).


(2) Loans shall be awarded subject to availability of
funding based on the order of receipt of applications
satisfying all requirements as set forth in the
regulations promulgated under subdivision (A)(c) of this
subsection (A).
(3) The maximum loan amount under this subsection (A)
for any one project is $1,000,000.
(4) In addition to any requirements or conditions
placed on loans by regulation, loan agreements under the
Brownfields Redevelopment Loan Program shall include the
following requirements:
(A) the loan recipient shall secure the loan
repayment obligation;
(B) completion of the loan repayment shall not
exceed 15 years or as otherwise prescribed by Agency
rule; and
(C) loan agreements shall provide for a confession
of judgment by the loan recipient upon default.
(5) Loans shall not be used to cover expenses incurred
prior to the approval of the loan application.
(6) If the loan recipient fails to make timely
payments or otherwise fails to meet its obligations as
provided in this subsection (A) or implementing
regulations, the Agency is authorized to pursue the
collection of the amounts past due, the outstanding loan
balance, and the costs thereby incurred, either pursuant


to the Illinois State Collection Act of 1986 or by any
other means provided by law, including the taking of
title, by foreclosure or otherwise, to any project or
other property pledged, mortgaged, encumbered, or
otherwise available as security or collateral.
(c) The Agency shall have the authority to enter into any
contracts or agreements that may be necessary to carry out its
duties or responsibilities under this subsection (A). The
Agency shall have the authority to promulgate regulations
setting forth procedures and criteria for administering the
Brownfields Redevelopment Loan Program. The regulations
promulgated by the Agency for loans under this subsection (A)
shall include, but need not be limited to, the following
elements:
(1) loan application requirements;
(2) determination of credit worthiness of the loan
applicant;
(3) types of security required for the loan;
(4) types of collateral, as necessary, that can be
pledged for the loan;
(5) special loan terms, as necessary, for securing the
repayment of the loan;
(6) maximum loan amounts;
(7) purposes for which loans are available;
(8) application periods and content of applications;
(9) procedures for Agency review of loan applications,


loan approvals or denials, and loan acceptance by the loan
recipient;
(10) procedures for establishing interest rates;
(11) requirements applicable to disbursement of loans
to loan recipients;
(12) requirements for securing loan repayment
obligations;
(13) conditions or circumstances constituting default;
(14) procedures for repayment of loans and delinquent
loans including, but not limited to, the initiation of
principal and interest payments following loan acceptance;
(15) loan recipient responsibilities for work
schedules, work plans, reports, and record keeping;
(16) evaluation of loan recipient performance,
including auditing and access to sites and records;
(17) requirements applicable to contracting and
subcontracting by the loan recipient, including
procurement requirements;
(18) penalties for noncompliance with loan
requirements and conditions, including stop-work orders,
termination, and recovery of loan funds; and
(19) indemnification of the State of Illinois and the
Agency by the loan recipient.
(d) Moneys in the Brownfields Redevelopment Fund may be
used as a source of revenue or security for the principal and
interest on revenue or general obligation bonds issued by the


State or any political subdivision or instrumentality thereof,
if the proceeds of those bonds will be deposited into the Fund.
(B) Brownfields Site Restoration Program.
(a)(1) The Agency must establish and administer a
program for the payment of remediation costs to be known as the
Brownfields Site Restoration Program. The Agency, through the
Program, shall provide Remediation Applicants with financial
assistance for the investigation and remediation of abandoned
or underutilized properties. The investigation and remediation
shall be performed in accordance with this Title XVII of this
Act.
(2) For each State fiscal year in which funds are made
available to the Agency for payment under this subsection (B),
the Agency must, subject to the availability of funds,
allocate 20% of the funds to be available to Remediation
Applicants within counties with populations over 2,000,000.
The remaining funds must be made available to all other
Remediation Applicants in the State.
(3) The Agency must not approve payment in excess of
$750,000 to a Remediation Applicant for remediation costs
incurred at a remediation site. Eligibility must be determined
based on a minimum capital investment in the redevelopment of
the site, and payment amounts must not exceed the net economic
benefit to the State of the remediation project. In addition
to these limitations, the total payment to be made to an


applicant must not exceed an amount equal to 20% of the capital
investment at the site.
(4) Only those remediation projects for which a No
Further Remediation Letter is issued by the Agency after
December 31, 2001 are eligible to participate in the
Brownfields Site Restoration Program. The program does not
apply to any sites that have received a No Further Remediation
Letter prior to December 31, 2001 or for costs incurred prior
to the Agency approving a site eligible for the Brownfields
Site Restoration Program.
(5) Brownfields Site Restoration Program funds shall
be subject to availability of funding and distributed based on
the order of receipt of applications satisfying all
requirements as set forth in this Section.
(b) Prior to applying to the Agency for payment, a
Remediation Applicant shall first submit to the Agency its
proposed remediation costs. The Agency shall make a
pre-application assessment, which is not to be binding upon
future review of the project, relating only to whether the
Agency has adequate funding to reimburse the applicant for the
remediation costs if the applicant is found to be eligible for
reimbursement of remediation costs. If the Agency determines
that it is likely to have adequate funding to reimburse the
applicant for remediation costs, the Remediation Applicant may
then submit to the Agency an application for review of
eligibility. The Agency must review the eligibility


application to determine whether the Remediation Applicant is
eligible for the payment. The application must be on forms
prescribed and provided by the Agency. At a minimum, the
application must include the following:
(1) Information identifying the Remediation Applicant
and the site for which the payment is being sought and the
date of acceptance into the Site Remediation Program.
(2) Information demonstrating that the site for which
the payment is being sought is abandoned or underutilized
property. "Abandoned property" means real property
previously used for, or that has the potential to be used
for, commercial or industrial purposes that reverted to
the ownership of the State, a county or municipal
government, or an agency thereof, through donation,
purchase, tax delinquency, foreclosure, default, or
settlement, including conveyance by deed in lieu of
foreclosure; or privately owned property that has been
vacant for a period of not less than 3 years from the time
an application is made to the Agency. "Underutilized
property" means real property of which less than 35% of
the commercially usable space of the property and
improvements thereon are used for their most commercially
profitable and economically productive uses.
(3) Information demonstrating that remediation of the
site for which the payment is being sought will result in a
net economic benefit to the State of Illinois. The "net


economic benefit" must be determined based on factors
including, but not limited to, the capital investment, the
number of jobs created, the number of jobs retained if it
is demonstrated the jobs would otherwise be lost, capital
improvements, the number of construction-related jobs,
increased sales, material purchases, other increases in
service and operational expenditures, and other factors
established by the Agency. Priority must be given to sites
located in areas with high levels of poverty, where the
unemployment rate exceeds the State average, where an
enterprise zone exists, or where the area is otherwise
economically depressed as determined by the Agency.
(4) An application fee in the amount set forth in
subdivision (B)(c) for each site for which review of an
application is being sought.
(c) The fee for eligibility reviews conducted by the
Agency under this subsection (B) is $1,000 for each site
reviewed. The application fee must be made payable to the
Agency for deposit into the Brownfields Redevelopment Fund.
These application fees shall be used by the Agency for
administrative expenses incurred under this subsection (B).
(d) Within 60 days after receipt by the Agency of an
application meeting the requirements of subdivision (B)(b),
the Agency must issue a letter to the applicant approving the
application, approving the application with modifications, or
disapproving the application. If the application is approved


or approved with modifications, the Agency's letter must also
include its determination of the "net economic benefit" of the
remediation project and the maximum amount of the payment to
be made available to the applicant for remediation costs. The
payment by the Agency under this subsection (B) must not
exceed the "net economic benefit" of the remediation project.
(e) An application for a review of remediation costs must
not be submitted to the Agency unless the Agency has
determined the Remediation Applicant is eligible under
subdivision (B)(d). If the Agency has determined that a
Remediation Applicant is eligible under subdivision (B)(d),
the Remediation Applicant may submit an application for
payment to the Agency under this subsection (B). Except as
provided in subdivision (B)(f), an application for review of
remediation costs must not be submitted until a No Further
Remediation Letter has been issued by the Agency and recorded
in the chain of title for the site in accordance with Section
58.10. The Agency must review the application to determine
whether the costs submitted are remediation costs and whether
the costs incurred are reasonable. The application must be on
forms prescribed and provided by the Agency. At a minimum, the
application must include the following:
(1) Information identifying the Remediation Applicant
and the site for which the payment is being sought and the
date of acceptance of the site into the Site Remediation
Program.


(2) A copy of the No Further Remediation Letter with
official verification that the letter has been recorded in
the chain of title for the site and a demonstration that
the site for which the application is submitted is the
same site as the one for which the No Further Remediation
Letter is issued.
(3) A demonstration that the release of the regulated
substances of concern for which the No Further Remediation
Letter was issued was not caused or contributed to in any
material respect by the Remediation Applicant. The Agency
must make determinations as to reimbursement availability
consistent with rules adopted by the Pollution Control
Board for the administration and enforcement of Section
58.9 of this Act.
(4) A copy of the Agency's letter approving
eligibility, including the net economic benefit of the
remediation project.
(5) An itemization and documentation, including
receipts, of the remediation costs incurred.
(6) A demonstration that the costs incurred are
remediation costs as defined in this Act and rules adopted
under this Act.
(7) A demonstration that the costs submitted for
review were incurred by the Remediation Applicant who
received the No Further Remediation Letter.
(8) An application fee in the amount set forth in


subdivision (B)(j) for each site for which review of
remediation costs is requested.
(9) Any other information deemed appropriate by the
Agency.
(f) An application for review of remediation costs may be
submitted to the Agency prior to the issuance of a No Further
Remediation Letter if the Remediation Applicant has a Remedial
Action Plan approved by the Agency under the terms of which the
Remediation Applicant will remediate groundwater for more than
one year. The Agency must review the application to determine
whether the costs submitted are remediation costs and whether
the costs incurred are reasonable. The application must be on
forms prescribed and provided by the Agency. At a minimum, the
application must include the following:
(1) Information identifying the Remediation Applicant
and the site for which the payment is being sought and the
date of acceptance of the site into the Site Remediation
Program.
(2) A copy of the Agency letter approving the Remedial
Action Plan.
(3) A demonstration that the release of the regulated
substances of concern for which the Remedial Action Plan
was approved was not caused or contributed to in any
material respect by the Remediation Applicant. The Agency
must make determinations as to reimbursement availability
consistent with rules adopted by the Pollution Control


Board for the administration and enforcement of Section
58.9 of this Act.
(4) A copy of the Agency's letter approving
eligibility, including the net economic benefit of the
remediation project.
(5) An itemization and documentation, including
receipts, of the remediation costs incurred.
(6) A demonstration that the costs incurred are
remediation costs as defined in this Act and rules adopted
under this Act.
(7) A demonstration that the costs submitted for
review were incurred by the Remediation Applicant who
received approval of the Remediation Action Plan.
(8) An application fee in the amount set forth in
subdivision (B)(j) for each site for which review of
remediation costs is requested.
(9) Any other information deemed appropriate by the
Agency.
(g) For a Remediation Applicant seeking a payment under
subdivision (B)(f), until the Agency issues a No Further
Remediation Letter for the site, no more than 75% of the
allowed payment may be claimed by the Remediation Applicant.
The remaining 25% may be claimed following the issuance by the
Agency of a No Further Remediation Letter for the site. For a
Remediation Applicant seeking a payment under subdivision
(B)(e), until the Agency issues a No Further Remediation


Letter for the site, no payment may be claimed by the
Remediation Applicant.
(h)(1) Within 60 days after receipt by the Agency of
an application meeting the requirements of subdivision (B)(e)
or (B)(f), the Agency must issue a letter to the applicant
approving, disapproving, or modifying the remediation costs
submitted in the application. If an application is disapproved
or approved with modification of remediation costs, then the
Agency's letter must set forth the reasons for the disapproval
or modification.
(2) If a preliminary review of a budget plan has been
obtained under subdivision (B)(i), the Remediation Applicant
may submit, with the application and supporting documentation
under subdivision (B)(e) or (B)(f), a copy of the Agency's
final determination accompanied by a certification that the
actual remediation costs incurred for the development and
implementation of the Remedial Action Plan are equal to or
less than the costs approved in the Agency's final
determination on the budget plan. The certification must be
signed by the Remediation Applicant and notarized. Based on
that submission, the Agency is not required to conduct further
review of the costs incurred for development and
implementation of the Remedial Action Plan and may approve
costs as submitted.
(3) Within 35 days after receipt of an Agency letter
disapproving or modifying an application for approval of


remediation costs, the Remediation Applicant may appeal the
Agency's decision to the Board in the manner provided for the
review of permits in Section 40 of this Act.
(i)(1) A Remediation Applicant may obtain a
preliminary review of estimated remediation costs for the
development and implementation of the Remedial Action Plan by
submitting a budget plan along with the Remedial Action Plan.
The budget plan must be set forth on forms prescribed and
provided by the Agency and must include, but is not limited to,
line item estimates of the costs associated with each line
item (such as personnel, equipment, and materials) that the
Remediation Applicant anticipates will be incurred for the
development and implementation of the Remedial Action Plan.
The Agency must review the budget plan along with the Remedial
Action Plan to determine whether the estimated costs submitted
are remediation costs and whether the costs estimated for the
activities are reasonable.
(2) If the Remedial Action Plan is amended by the
Remediation Applicant or as a result of Agency action, the
corresponding budget plan must be revised accordingly and
resubmitted for Agency review.
(3) The budget plan must be accompanied by the
applicable fee as set forth in subdivision (B)(j).
(4) Submittal of a budget plan must be deemed an
automatic 60-day waiver of the Remedial Action Plan review
deadlines set forth in this subsection (B) and rules adopted


under this subsection (B).
(5) Within the applicable period of review, the Agency
must issue a letter to the Remediation Applicant approving,
disapproving, or modifying the estimated remediation costs
submitted in the budget plan. If a budget plan is disapproved
or approved with modification of estimated remediation costs,
the Agency's letter must set forth the reasons for the
disapproval or modification.
(6) Within 35 days after receipt of an Agency letter
disapproving or modifying a budget plan, the Remediation
Applicant may appeal the Agency's decision to the Board in the
manner provided for the review of permits in Section 40 of this
Act.
(j) The fees for reviews conducted by the Agency under
this subsection (B) are in addition to any other fees or
payments for Agency services rendered pursuant to the Site
Remediation Program and are as follows:
(1) The fee for an application for review of
remediation costs is $1,000 for each site reviewed.
(2) The fee for the review of the budget plan
submitted under subdivision (B)(i) is $500 for each site
reviewed.
The application fee and the fee for the review of the
budget plan must be made payable to the State of Illinois, for
deposit into the Brownfields Redevelopment Fund.
(k) Moneys in the Brownfields Redevelopment Fund may be


used for the purposes of this Section, including payment for
the costs of administering this subsection (B). Any moneys
remaining in the Brownfields Site Restoration Program Fund on
the effective date of this amendatory Act of the 92nd General
Assembly shall be transferred to the Brownfields Redevelopment
Fund. Total payments made to all Remediation Applicants by the
Agency for purposes of this subsection (B) must not exceed
$1,000,000 in State fiscal year 2002.
(l) The Agency is authorized to enter into any contracts
or agreements that may be necessary to carry out the Agency's
duties and responsibilities under this subsection (B).
(m) Within 6 months after July 23, 2002 (the effective
date of Public Act 92-715) this amendatory Act of 2002, the
Department of Commerce and Community Affairs (now Department
of Commerce and Economic Opportunity) and the Agency must
propose rules prescribing procedures and standards for the
administration of this subsection (B). Within 9 months after
receipt of the proposed rules, the Board shall adopt on second
notice, pursuant to Sections 27 and 28 of this Act and the
Illinois Administrative Procedure Act, rules that are
consistent with this subsection (B). Prior to the effective
date of rules adopted under this subsection (B), the
Department of Commerce and Community Affairs (now Department
of Commerce and Economic Opportunity) and the Agency may
conduct reviews of applications under this subsection (B) and
the Agency is further authorized to distribute guidance


documents on costs that are eligible or ineligible as
remediation costs.
(Source: P.A. 102-444, eff. 8-20-21.)
Section 5-120. The Radiation Protection Act of 1990 is
amended by changing Section 35 as follows:
(420 ILCS 40/35) (from Ch. 111 1/2, par. 210-35)
(Section scheduled to be repealed on January 1, 2027)
Sec. 35. Radiation Protection Fund.
(a) All moneys received by the Agency under this Act shall
be deposited in the State treasury and shall be set apart in a
special fund to be known as the "Radiation Protection Fund".
All monies within the Radiation Protection Fund shall be
invested by the State Treasurer in accordance with established
investment practices. Interest earned by such investment shall
be returned to the Radiation Protection Fund. Monies deposited
in this Fund shall be expended by the Agency pursuant to
appropriation to support the activities of the Agency under
this Act and as provided in the Laser System Act of 1997 and
the Radon Industry Licensing Act, or to fund any other
administrative or operational costs of the Agency.
(b) (Blank). On August 15, 1997, all moneys remaining in
the Federal Facilities Compliance Fund shall be transferred to
the Radiation Protection Fund.
(Source: P.A. 97-732, eff. 6-30-12.)


Section 5-125. The Fire Investigation Act is amended by
changing Section 13.1 as follows:
(425 ILCS 25/13.1) (from Ch. 127 1/2, par. 17.1)
Sec. 13.1. Fire Prevention Fund.
(a) There shall be a special fund in the State Treasury
known as the Fire Prevention Fund.
(b) The following moneys shall be deposited into the Fund:
(1) Moneys received by the Department of Insurance
under Section 12 of this Act.
(2) All fees and reimbursements received by the
Office.
(3) All receipts from boiler and pressure vessel
certification, as provided in Section 13 of the Boiler and
Pressure Vessel Safety Act.
(4) Such other moneys as may be provided by law.
(c) The moneys in the Fire Prevention Fund shall be used,
subject to appropriation, for the following purposes:
(1) Of the moneys deposited into the fund under
Section 12 of this Act, 12.5% shall be available for the
maintenance of the Illinois Fire Service Institute and the
expenses, facilities, and structures incident thereto, and
for making transfers into the General Obligation Bond
Retirement and Interest Fund for debt service requirements
on bonds issued by the State of Illinois after January 1,


1986 for the purpose of constructing a training facility
for use by the Institute. An additional 2.5% of the moneys
deposited into the Fire Prevention Fund shall be available
to the Illinois Fire Service Institute for support of the
Cornerstone Training Program.
(2) Of the moneys deposited into the Fund under
Section 12 of this Act, 10% shall be available for the
maintenance of the Chicago Fire Department Training
Program and the expenses, facilities, and structures
incident thereto, in addition to any moneys payable from
the Fund to the City of Chicago pursuant to the Illinois
Fire Protection Training Act.
(3) For making payments to local governmental agencies
and individuals pursuant to Section 10 of the Illinois
Fire Protection Training Act.
(4) For the maintenance and operation of the Office of
the State Fire Marshal, and the expenses incident thereto.
(4.5) For the maintenance, operation, and capital
expenses of the Mutual Aid Box Alarm System (MABAS).
(4.6) For grants awarded under by the Small
Fire-fighting and Ambulance Service Equipment Grant
Program established by Section 2.7 of the State Fire
Marshal Act.
(4.7) For grants awarded under the Fire Station
Rehabilitation and Construction Grant Program established
by Section 2.8 of the State Fire Marshal Act.


(5) For any other purpose authorized by law.
(c-5) As soon as possible after April 8, 2008 (the
effective date of Public Act 95-717), the Comptroller shall
order the transfer and the Treasurer shall transfer $2,000,000
from the Fire Prevention Fund to the Fire Service and Small
Equipment Fund, $9,000,000 from the Fire Prevention Fund to
the Fire Truck Revolving Loan Fund, and $4,000,000 from the
Fire Prevention Fund to the Ambulance Revolving Loan Fund.
Beginning on July 1, 2008, each month, or as soon as practical
thereafter, an amount equal to $2 from each fine received
shall be transferred from the Fire Prevention Fund to the Fire
Service and Small Equipment Fund, an amount equal to $1.50
from each fine received shall be transferred from the Fire
Prevention Fund to the Fire Truck Revolving Loan Fund, and an
amount equal to $4 from each fine received shall be
transferred from the Fire Prevention Fund to the Ambulance
Revolving Loan Fund. These moneys shall be transferred from
the moneys deposited into the Fire Prevention Fund pursuant to
Public Act 95-154, together with not more than 25% of any
unspent appropriations from the prior fiscal year. These
moneys may be allocated to the Fire Truck Revolving Loan Fund
and , Ambulance Revolving Loan Fund, and Fire Service and Small
Equipment Fund at the discretion of the Office for the purpose
of implementation of this Act.
(d) Any portion of the Fire Prevention Fund remaining
unexpended at the end of any fiscal year which is not needed


for the maintenance and expenses of the Office or the
maintenance and expenses of the Illinois Fire Service
Institute shall remain in the Fire Prevention Fund for the
exclusive and restricted uses provided in subsections (c) and
(c-5) of this Section.
(e) The Office shall keep on file an itemized statement of
all expenses incurred which are payable from the Fund, other
than expenses incurred by the Illinois Fire Service Institute,
and shall approve all vouchers issued therefor before they are
submitted to the State Comptroller for payment. Such vouchers
shall be allowed and paid in the same manner as other claims
against the State.
(Source: P.A. 102-558, eff. 8-20-21; 103-8, eff. 6-7-23.)
Section 5-130. The Illinois Vehicle Code is amended by
changing Section 3-626 as follows:
(625 ILCS 5/3-626)
Sec. 3-626. Korean War Veteran license plates.
(a) In addition to any other special license plate, the
Secretary, upon receipt of all applicable fees and
applications made in the form prescribed by the Secretary of
State, may issue special registration plates designated as
Korean War Veteran license plates to residents of Illinois who
participated in the United States Armed Forces during the
Korean War. The special plate issued under this Section shall


be affixed only to passenger vehicles of the first division,
motorcycles, motor vehicles of the second division weighing
not more than 8,000 pounds, and recreational vehicles as
defined by Section 1-169 of this Code. Plates issued under
this Section shall expire according to the staggered
multi-year procedure established by Section 3-414.1 of this
Code.
(b) The design, color, and format of the plates shall be
wholly within the discretion of the Secretary of State. The
Secretary may, in his or her discretion, allow the plates to be
issued as vanity plates or personalized in accordance with
Section 3-405.1 of this Code. The plates are not required to
designate "Land Of Lincoln", as prescribed in subsection (b)
of Section 3-412 of this Code. The Secretary shall prescribe
the eligibility requirements and, in his or her discretion,
shall approve and prescribe stickers or decals as provided
under Section 3-412.
(c) (Blank).
(d) (Blank). The Korean War Memorial Construction Fund is
created as a special fund in the State treasury. All moneys in
the Korean War Memorial Construction Fund shall, subject to
appropriation, be used by the Department of Veterans' Affairs
to provide grants for construction of the Korean War Memorial
to be located at Oak Ridge Cemetery in Springfield, Illinois.
Upon the completion of the Memorial, the Department of
Veterans' Affairs shall certify to the State Treasurer that


the construction of the Memorial has been completed. At the
direction of and upon notification of the Secretary of State,
the State Comptroller shall direct and the State Treasurer
shall transfer all moneys in the Fund and any future deposits
into the Fund into the Secretary of State Special License
Plate Fund. Upon completion of the transfer, the Korean War
Memorial Construction Fund is dissolved.
(e) An individual who has been issued Korean War Veteran
license plates for a vehicle and who has been approved for
benefits under the Senior Citizens and Persons with
Disabilities Property Tax Relief Act shall pay the original
issuance and the regular annual fee for the registration of
the vehicle as provided in Section 3-806.3 of this Code.
(Source: P.A. 103-8, eff. 6-7-23.)
(710 ILCS 40/10 rep.)
Section 5-135. The Reviewing Court Alternative Dispute
Resolution Act is amended by repealing Section 10.
Section 5-140. The Unified Code of Corrections is amended
by changing Section 3-4-1 as follows:
(730 ILCS 5/3-4-1) (from Ch. 38, par. 1003-4-1)
Sec. 3-4-1. Gifts and Grants; Special Trusts Funds;
Department of Corrections Reimbursement and Education Fund.
(a) The Department may accept, receive and use, for and in


behalf of the State, any moneys, goods or services given for
general purposes of this Code by the federal government or
from any other source, public or private, including
collections from inmates, reimbursement of payments under the
Workers' Compensation Act, and commissions from inmate collect
call telephone systems under an agreement with the Department
of Central Management Services. For these purposes the
Department may comply with such conditions and enter into such
agreements upon such covenants, terms, and conditions as the
Department may deem necessary or desirable, if the agreement
is not in conflict with State law.
(a-5) Beginning January 1, 2018, the Department of Central
Management Services shall contract with the qualified vendor
who proposes the lowest per minute rate not exceeding 7 cents
per minute for debit, prepaid, collect calls and who does not
bill to any party any tax, service charge, or additional fee
exceeding the per minute rate, including, but not limited to,
any per call surcharge, account set up fee, bill statement
fee, monthly account maintenance charge, or refund fee as
established by the Federal Communications Commission Order for
state prisons in the Matter of Rates for Interstate Inmate
Calling Services, Second Report and Order, WC Docket 12-375,
FCC 15-136 (adopted Oct. 22, 2015). Telephone services made
available through a prepaid or collect call system shall
include international calls; those calls shall be made
available at reasonable rates subject to Federal


Communications Commission rules and regulations, but not to
exceed 23 cents per minute. Public Act 99-878 applies to any
new or renewal contract for inmate calling services.
(b) The On July 1, 1998, the Department of Corrections
Reimbursement Fund and the Department of Corrections Education
Fund shall be combined into a single fund to be known as the
Department of Corrections Reimbursement and Education Fund,
which is hereby created as a special fund in the State
Treasury. The moneys deposited into the Department of
Corrections Reimbursement and Education Fund shall be
appropriated to the Department of Corrections for the expenses
of the Department.
The following shall be deposited into the Department of
Corrections Reimbursement and Education Fund:
(i) Moneys received or recovered by the Department of
Corrections as reimbursement for expenses incurred for the
incarceration of committed persons.
(ii) Moneys received or recovered by the Department as
reimbursement of payments made under the Workers'
Compensation Act.
(iii) Moneys received by the Department as commissions
from inmate collect call telephone systems.
(iv) Moneys received or recovered by the Department as
reimbursement for expenses incurred by the employment of
persons referred to the Department as participants in the
federal Job Training Partnership Act programs.


(v) Federal moneys, including reimbursement and
advances for services rendered or to be rendered and
moneys for other than educational purposes, under grant or
contract.
(vi) Moneys identified for deposit into the Fund under
Section 13-44.4 of the School Code.
(vii) (Blank). Moneys in the Department of Corrections
Reimbursement Fund and the Department of Corrections
Education Fund at the close of business on June 30, 1998.
(c) The Department of Juvenile Justice Reimbursement and
Education Fund is created as a special fund in the State
Treasury. The moneys deposited into the Department of Juvenile
Justice Reimbursement Fund and Education shall be appropriated
to the Department of Juvenile Justice for the expenses of the
Department. The following moneys shall be deposited into the
Department of Juvenile Justice Reimbursement Fund and
Education Fund:
(i) received or recovered by the Department of
Juvenile Justice as reimbursement for expenses incurred
for the incarceration of committed youth;
(ii) received or recovered by the Department as
reimbursement of payments made under the Workers'
Compensation Act;
(iii) received or recovered by the Department as
reimbursement for expenses incurred by the employment of
persons referred to the Department as participants in the


federal Job Training Partnership Act programs;
(iv) federal moneys, including reimbursement and
advances for services rendered or to be rendered and
moneys for other than educational purposes, under grant or
contract; and
(v) moneys identified for deposit into the Fund under
Section 13-44.6 of the School Code.
(Source: P.A. 102-350, eff. 8-13-21; 102-699, eff. 7-1-22.)
(730 ILCS 5/3-2-2.1 rep.)
Section 5-145. The Unified Code of Corrections is amended
by repealing Section 3-2-2.1.
Section 5-150. The Sex Offender Registration Act is
amended by changing Section 11 as follows:
(730 ILCS 150/11)
Sec. 11. Offender Registration Fund. There is created the
Offender Registration Fund (formerly known as the Sex Offender
Registration Fund). Moneys in the Fund shall be used to cover
costs incurred by the criminal justice system to administer
this Article and the Murderer and Violent Offender Against
Youth Registration Act, and for purposes as authorized under
this Section. The Illinois State Police shall establish and
promulgate rules and procedures regarding the administration
of this Fund. Fifty percent of the moneys in the Fund shall be


allocated by the Department for sheriffs' offices and police
departments. The remaining moneys in the Fund received under
Public Act 101-571 this amendatory Act of the 101st General
Assembly shall be allocated to the Illinois State Police for
education and administration of the Act.
Notwithstanding any other provision of law, in addition to
any other transfers that may be provided by law, on the
effective date of this amendatory Act of the 103rd General
Assembly, or as soon thereafter as practical, the State
Comptroller shall direct and the State Treasurer shall
transfer the remaining balance from the Sex Offender
Investigation Fund to the Offender Registration Fund. Upon
completion of the transfers, the Sex Offender Investigation
Fund is dissolved, and any future deposits into the Sex
Offender Investigation Fund and any outstanding obligations or
liabilities of the Sex Offender Investigation Fund pass to the
Offender Registration Fund.
(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 6-9-23.)
Article 10.
Section 10-5. The State Budget Law of the Civil
Administrative Code of Illinois is amended by changing Section
50-25 as follows:
(15 ILCS 20/50-25)


Sec. 50-25. Statewide prioritized goals.
(a) Definitions. As used in this Section:
"Commission" means the Budgeting for Results Commission
established by this Section.
"Result area" means major organizational categories of
State government as defined by the Governor.
"Outcome area" means subcategories of result areas that
further define, and facilitate the measurement of the result
area, as established by the Governor.
(b) Statewide prioritized goals. For fiscal year 2025 and
each fiscal year thereafter, prior to the submission of the
State budget, the Governor, in consultation with the
Commission established under this Section, shall: (i) identify
statewide result areas that are most important for each State
agency of the executive branch under the jurisdiction of the
Governor to achieve for the next fiscal year and (ii) identify
outcome areas, which further define the statewide result
areas, into which State programs and associated spending can
be categorized. There must be a reasonable number of annually
defined statewide result and outcome areas defining State
priorities for the budget. Each result and outcome shall be
further defined to facilitate success in achieving that result
or outcome.
(c) Budgeting for Results Commission. On or after July 31,
2024, the Governor shall establish an advisory a commission
for the purpose of advising the Governor in the implementation


of performance-based budgeting in Illinois State government,
setting statewide result and outcome areas, and providing
oversight and guidance for comprehensive program assessments
and benefit-cost analysis of State agency programs.
(1) Membership. The commission shall be composed of
voting and non-voting members appointed by the Governor.
The commission shall be a well-balanced group and shall be
not more than 15 and not less than 8 members. Members
appointed by the Governor shall serve a three-year term,
beginning and ending on July 1 of each year. Vacancies in
Commission membership shall be filled in the same manner
as initial appointments. Appointments to fill vacancies
occurring before the expiration of a term shall be for the
remainder of the term. Members shall serve until their
successors are appointed.
(2) Bylaws. The commission may adopt bylaws for the
regulation of its affairs and the conduct of its business.
(3) Quorum. Total membership of the Commission
consists of the number of voting members serving on the
Commission, not including any vacant positions. A quorum
consists of a simple majority of total voting membership
and shall be sufficient to conduct the business of the
commission, unless stipulated otherwise in the bylaws of
the commission. A member may submit a proxy in writing to
the Commission Co-Chairs or the Commission Staff Director
no later than 24 hours before a scheduled meeting, and


that proxy shall count toward the quorum for that meeting
only.
(4) Chairpersons. Two Co-Chairs of the commission
shall be appointed by the Governor. The Co-Chairs shall be
one member of the General Assembly and one person who is
not a member of the General Assembly.
(5) Meetings. The commission shall hold at least 2
in-person public meetings during each fiscal year. One
meeting shall be held in the City of Chicago and one
meeting shall be held in the City of Springfield. The
commission may choose by a majority vote of its members to
hold one virtual meeting, which is open to the public and
over the Internet, in lieu of the 2 in-person public
meetings required under this Section.
(6) Compensation. Members shall not receive
compensation for their services.
(7) Annual report. By November 1 of each year, the
commission shall submit a report to the Governor and the
General Assembly setting forth recommendations with
respect to the Governor's implementation of
performance-based budgeting in Illinois State government.
The report shall be published on the Governor's Office of
Management and Budget's website. In its report, the
commission shall report on the status of comprehensive
program assessments and benefit cost analysis of state
agency programs conducted during the prior year.


The commission shall also review existing statutory
mandates and include in its report recommendations for the
repeal or modification of statutory mandates and funds or the
State treasury which are out-of-date or unduly burdensome to
the operations of State government.
The General Assembly may object to the commission's report
by passing a joint resolution detailing the General Assembly's
objections.
(d) In addition, each other constitutional officer of the
executive branch, in consultation with the appropriation
committees of the General Assembly, shall: (i) prioritize
outcomes that are most important for his or her office to
achieve for the next fiscal year and (ii) set goals to
accomplish those outcomes according to the priority of the
outcome. The Governor and each constitutional officer shall
separately conduct performance analyses to determine which
programs, strategies, and activities will best achieve those
desired outcomes. The Governor shall recommend that
appropriations be made to State agencies and officers for the
next fiscal year based on the agreed upon result and outcome
areas. Each agency and officer may develop its own strategies
for meeting those goals and shall review and analyze those
strategies on a regular basis. The Governor shall also
implement procedures to measure annual progress toward the
State's statewide results and outcomes and shall develop a
statewide reporting system that collects performance data from


all programs under the authority of the Governor. Those
performance measures and results shall be posted on the
Governor's Office of Management and Budget website.
(Source: P.A. 102-801, eff. 5-13-22; 103-8, eff. 6-7-23.)
Section 10-15. The High Technology School-to-Work Act is
amended by changing Sections 20 and 40 as follows:
(20 ILCS 701/20)
Sec. 20. Coordination with economic development
activities. The Department may must coordinate the
administration of the High Technology School-to-Work Program,
including the targeting of projects, with the Department's
technology related planning and economic development
initiatives.
(Source: P.A. 92-250, eff. 8-3-01.)
(20 ILCS 701/40)
Sec. 40. Duties. The Department may has the following
duties:
(1) Establish To establish and coordinate the High
Technology School-to-Work Program.
(2) Subject to appropriations, to make grants to local
partnerships to administer high technology school-to-work
projects.
(3) Periodically To periodically identify high


technology industries and occupations for which training
programs may be developed pursuant to the requirements of
this Act.
(4) Issue To issue guidelines for submitting grant
applications.
(5) Adopt To adopt, amend, or repeal any rules that
may be necessary to administer this Act.
(Source: P.A. 92-250, eff. 8-3-01.)
(20 ILCS 605/605-360 rep.)
Section 10-17. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois
is amended by repealing Section 605-360.
(20 ILCS 1305/10-63 rep.)
Section 10-20. The Department of Human Services Act is
amended by repealing Section 10-63.
(20 ILCS 2335/Act rep.)
Section 10-25. The Community Health Worker Advisory Board
Act is repealed.
Section 10-30. The Department of Veterans' Affairs Act is
amended by changing Sections 2.07 and 2.13 as follows:
(20 ILCS 2805/2.07) (from Ch. 126 1/2, par. 67.07)


Sec. 2.07. The Department shall employ and maintain
sufficient and qualified staff at the veterans' homes (i) to
fill all beds, subject to appropriation, and (ii) to fulfill
the requirements of this Act. The Department shall report to
the General Assembly, by February January 1, for the reporting
period of July 1 through December 31, and August July 1, for
the reporting period of January 1 through June 30, of each
year, the number of staff employed in providing direct patient
care at their veterans' homes, the compliance or noncompliance
with staffing standards established by the United States
Department of Veterans Affairs for such care, and in the event
of noncompliance with such standards, the number of staff
required for compliance. For purposes of this Section, a nurse
who has a license application pending with the State shall not
be deemed unqualified by the Department if the nurse is in
compliance with Section 50-15 of the Nurse Practice Act.
A veterans home is subject to the Health Care Violence
Prevention Act.
(Source: P.A. 100-1051, eff. 1-1-19.)
(20 ILCS 2805/2.13)
Sec. 2.13. Veterans Homes; complaints; communicable
disease reports.
(a) As used in this Section:
"Case" means a person that lived as a resident in a
Veterans Home and had an illness due to a communicable


disease.
"Communicable disease" means an illness due to a specific
infectious agent or its toxic products that arises through
transmission of that agent or its products from an infected
person, animal, or inanimate source to a susceptible host,
either directly or indirectly, through an intermediate plant
or animal host, a vector, or the inanimate environment.
(b) The Department shall submit a bi-annual report to the
General Assembly by February January 1, for the reporting
period of July 1 through December 31, and August July 1, for
the reporting period of January 1 through June 30, of each year
about the health and welfare of residents at Veterans Homes.
The report shall be filed electronically with the General
Assembly, as provided under Section 3.1 of the General
Assembly Organization Act, and shall be provided
electronically to any member of the General Assembly upon
request. Each report shall include, but not be limited to, the
following:
(1) the number and nature of complaints made by
residents, a resident's emergency contacts or next of kin,
or a resident's power of attorney during the quarter;
(2) information on any epidemic reported at a Veterans
Home during the quarter; and
(3) the number of cases and information on the cases,
including, but not limited to, any dates a resident showed
signs and symptoms of having a communicable disease, any


dates of a confirmed diagnosis of any resident with a
communicable disease, and the action taken by the Veterans
Home to eradicate the spread of communicable disease,
during the quarter.
(Source: P.A. 100-1103, eff. 8-27-18.)
Section 10-35. The Governor's Office of Management and
Budget Act is amended by changing Section 5.1 as follows:
(20 ILCS 3005/5.1) (from Ch. 127, par. 415)
Sec. 5.1. Under such regulations as the Governor may
prescribe, every State agency, other than State colleges and
universities, agencies of legislative and judicial branches of
State government, and elected State executive officers not
including the Governor, shall file with the Commission on
Government Forecasting and Accountability all applications for
federal grants, contracts and agreements. The Commission on
Government Forecasting and Accountability shall immediately
forward all such materials to the Office for the Office's
approval. Any application for federal funds which has not
received Office approval shall be considered void and any
funds received as a result of such application shall be
returned to the federal government before they are spent. Each
State agency subject to this Section shall, at least 45 days
before submitting its application to the federal agency,
report in detail to the Commission on Government Forecasting


and Accountability what the grant is intended to accomplish
and the specific plans for spending the federal dollars
received pursuant to the grant. The Commission on Government
Forecasting and Accountability shall immediately review such
forward such materials to the Office. The Office may approve
the submission of an application to the federal agency in less
than 45 days after its receipt by the Office when the Office
determines that the circumstances require an expedited
application. Such reports of applications and plans of
expenditure, which shall include but shall not be limited to:
(1) an estimate of both the direct and indirect costs
in non-federal revenues of participation in the federal
program;
(2) the probable length of duration of the program, a
schedule of fund receipts and an estimate of the cost to
the State of maintaining the program if and when the
federal financial assistance or grant is terminated;
(3) a list of State or local agencies utilizing the
financial assistance as direct recipients or subgrantees;
(4) a description of each program proposed to be
funded by the financial assistance or grant; and
(5) a description of any financial, program or
planning commitment on the part of the State required by
the federal government as a requirement for receipt of the
financial assistance or grant.
All State agencies subject to this Section shall


immediately file with the Commission on Government Forecasting
and Accountability any awards of federal funds and any and all
changes in the programs, in awards, in program duration, in
schedule of fund receipts, and in estimated costs to the State
of maintaining the program if and when federal assistance is
terminated, or in direct and indirect costs, of any grant
under which they are or expect to be receiving federal funds.
The Commission on Government Forecasting and Accountability
shall immediately forward such materials to the Office.
The Office in cooperation with the Commission on
Government Forecasting and Accountability shall develop
standard forms and a system of identifying numbers for the
applications and reports required by this Section. Upon
receipt from the State agencies of each application and
report, the Commission on Government Forecasting and
Accountability shall promptly designate the appropriate
identifying number therefor and communicate such number to the
respective State agency, the Comptroller and the Office.
Each State agency subject to this Section shall include in
each report to the Comptroller of the receipt of federal funds
the identifying number applicable to the grant under which
such funds are received.
(Source: P.A. 100-1148, eff. 12-10-18.)
Section 10-40. The Legislative Commission Reorganization
Act of 1984 is amended by changing Section 4-2.1 as follows:


(25 ILCS 130/4-2.1)
Sec. 4-2.1. Federal program functions. The Commission on
Government Forecasting and Accountability is established as
the information center for the General Assembly in the field
of federal-state relations and as State Central Information
Reception Agency for the purpose of receiving information from
federal agencies under the United States Office of Management
and Budget circular A-98 and the United States Department of
the Treasury Circular TC-1082 or any successor circulars
promulgated under authority of the United States
Inter-governmental Cooperation Act of 1968. Its powers and
duties in this capacity include, but are not limited to:
(a) Compiling and maintaining current information on
available and pending federal aid programs for the use of
the General Assembly and legislative agencies;
(b) Analyzing the relationship of federal aid programs
with state and locally financed programs, and assessing
the impact of federal aid programs on the State generally;
(c) Reporting annually to the General Assembly on the
adequacy of programs financed by federal aid in the State,
the types and nature of federal aid programs in which
State agencies or local governments did not participate,
and to make recommendations on such matters;
(d) Cooperating with the Governor's Office of
Management and Budget and with any State of Illinois


offices located in Washington, D.C., in obtaining
information concerning federal grant-in-aid legislation
and proposals having an impact on the State of Illinois;
(e) (Blank); Cooperating with the Governor's Office of
Management and Budget in developing forms and identifying
number systems for the documentation of applications,
awards, receipts and expenditures of federal funds by
State agencies;
(f) Receiving from every State agency, other than
State colleges and universities, agencies of legislative
and judicial branches of State government, and elected
State executive officers not including the Governor, all
applications for federal grants, contracts and agreements
and notification of any awards of federal funds and any
and all changes in the programs, in awards, in program
duration, in schedule of fund receipts, and in estimated
costs to the State of maintaining the program if and when
federal assistance is terminated, or in direct and
indirect costs, of any grant under which they are or
expect to be receiving federal funds;
(g) (Blank); and Forwarding to the Governor's Office
of Management and Budget all documents received under
paragraph (f) after assigning an appropriate, State
application identifier number to all applications; and
(h) Reporting such information as is received under
subparagraph (f) to the President and Minority Leader of


the Senate and the Speaker and Minority Leader of the
House of Representatives and their respective
appropriation staffs and to any member of the General
Assembly on a monthly basis at the request of the member.
The State colleges and universities, the agencies of the
legislative and judicial branches of State government, and the
elected State executive officers, not including the Governor,
shall submit to the Commission on Government Forecasting and
Accountability, in a manner prescribed by the Commission on
Government Forecasting and Accountability, summaries of
applications for federal funds filed and grants of federal
funds awarded.
(Source: P.A. 100-1148, eff. 12-10-18.)
Section 10-45. The Grant Accountability and Transparency
Act is amended by changing Sections 15 and 45 as follows:
(30 ILCS 708/15)
Sec. 15. Definitions. As used in this Act:
"Allowable cost" means a cost allowable to a project if:
(1) the costs are reasonable and necessary for the
performance of the award;
(2) the costs are allocable to the specific project;
(3) the costs are treated consistently in like
circumstances to both federally-financed and other
activities of the non-federal entity;


(4) the costs conform to any limitations of the cost
principles or the sponsored agreement;
(5) the costs are accorded consistent treatment; a
cost may not be assigned to a State or federal award as a
direct cost if any other cost incurred for the same
purpose in like circumstances has been allocated to the
award as an indirect cost;
(6) the costs are determined to be in accordance with
generally accepted accounting principles;
(7) the costs are not included as a cost or used to
meet federal cost-sharing or matching requirements of any
other program in either the current or prior period;
(8) the costs of one State or federal grant are not
used to meet the match requirements of another State or
federal grant; and
(9) the costs are adequately documented.
"Auditee" means any non-federal entity that expends State
or federal awards that must be audited.
"Auditor" means an auditor who is a public accountant or a
federal, State, or local government audit organization that
meets the general standards specified in generally-accepted
government auditing standards. "Auditor" does not include
internal auditors of nonprofit organizations.
"Auditor General" means the Auditor General of the State
of Illinois.
"Award" means financial assistance that provides support


or stimulation to accomplish a public purpose. "Awards"
include grants and other agreements in the form of money, or
property in lieu of money, by the State or federal government
to an eligible recipient. "Award" does not include: technical
assistance that provides services instead of money; other
assistance in the form of loans, loan guarantees, interest
subsidies, or insurance; direct payments of any kind to
individuals; or contracts that must be entered into and
administered under State or federal procurement laws and
regulations.
"Budget" means the financial plan for the project or
program that the awarding agency or pass-through entity
approves during the award process or in subsequent amendments
to the award. It may include the State or federal and
non-federal share or only the State or federal share, as
determined by the awarding agency or pass-through entity.
"Catalog of Federal Domestic Assistance" or "CFDA" means a
database that helps the federal government track all programs
it has domestically funded.
"Catalog of Federal Domestic Assistance number" or "CFDA
number" means the number assigned to a federal program in the
CFDA.
"Catalog of State Financial Assistance" means the single,
authoritative, statewide, comprehensive source document of
State financial assistance program information maintained by
the Governor's Office of Management and Budget.


"Catalog of State Financial Assistance Number" means the
number assigned to a State program in the Catalog of State
Financial Assistance. The first 3 digits represent the State
agency number and the last 4 digits represent the program.
"Cluster of programs" means a grouping of closely related
programs that share common compliance requirements. The types
of clusters of programs are research and development, student
financial aid, and other clusters. A "cluster of programs"
shall be considered as one program for determining major
programs and, with the exception of research and development,
whether a program-specific audit may be elected.
"Cognizant agency for audit" means the federal agency
designated to carry out the responsibilities described in 2
CFR 200.513(a).
"Contract" means a legal instrument by which a non-federal
entity purchases property or services needed to carry out the
project or program under an award. "Contract" does not include
a legal instrument, even if the non-federal entity considers
it a contract, when the substance of the transaction meets the
definition of an award or subaward.
"Contractor" means an entity that receives a contract.
"Cooperative agreement" means a legal instrument of
financial assistance between an awarding agency or
pass-through entity and a non-federal entity that:
(1) is used to enter into a relationship with the
principal purpose of transferring anything of value from


the awarding agency or pass-through entity to the
non-federal entity to carry out a public purpose
authorized by law, but is not used to acquire property or
services for the awarding agency's or pass-through
entity's direct benefit or use; and
(2) is distinguished from a grant in that it provides
for substantial involvement between the awarding agency or
pass-through entity and the non-federal entity in carrying
out the activity contemplated by the award.
"Cooperative agreement" does not include a cooperative
research and development agreement, nor an agreement that
provides only direct cash assistance to an individual, a
subsidy, a loan, a loan guarantee, or insurance.
"Corrective action" means action taken by the auditee that
(i) corrects identified deficiencies, (ii) produces
recommended improvements, or (iii) demonstrates that audit
findings are either invalid or do not warrant auditee action.
"Cost objective" means a program, function, activity,
award, organizational subdivision, contract, or work unit for
which cost data is desired and for which provision is made to
accumulate and measure the cost of processes, products, jobs,
and capital projects. A "cost objective" may be a major
function of the non-federal entity, a particular service or
project, an award, or an indirect cost activity.
"Cost sharing" means the portion of project costs not paid
by State or federal funds, unless otherwise authorized by


statute.
"Development" is the systematic use of knowledge and
understanding gained from research directed toward the
production of useful materials, devices, systems, or methods,
including design and development of prototypes and processes.
"Data Universal Numbering System number" means the 9-digit
number established and assigned by Dun and Bradstreet, Inc. to
uniquely identify entities and, under federal law, is required
for non-federal entities to apply for, receive, and report on
a federal award.
"Direct costs" means costs that can be identified
specifically with a particular final cost objective, such as a
State or federal or federal pass-through award or a particular
sponsored project, an instructional activity, or any other
institutional activity, or that can be directly assigned to
such activities relatively easily with a high degree of
accuracy.
"Equipment" means tangible personal property (including
information technology systems) having a useful life of more
than one year and a per-unit acquisition cost that equals or
exceeds the lesser of the capitalization level established by
the non-federal entity for financial statement purposes, or
$5,000.
"Executive branch" means that branch of State government
that is under the jurisdiction of the Governor.
"Federal agency" has the meaning provided for "agency"


under 5 U.S.C. 551(1) together with the meaning provided for
"agency" by 5 U.S.C. 552(f).
"Federal award" means:
(1) the federal financial assistance that a
non-federal entity receives directly from a federal
awarding agency or indirectly from a pass-through entity;
(2) the cost-reimbursement contract under the Federal
Acquisition Regulations that a non-federal entity receives
directly from a federal awarding agency or indirectly from
a pass-through entity; or
(3) the instrument setting forth the terms and
conditions when the instrument is the grant agreement,
cooperative agreement, other agreement for assistance
covered in 2 CFR 200, Subpart A, Acronyms and Definitions
paragraph (b) of 20 CFR 200.40, or the cost-reimbursement
contract awarded under the Federal Acquisition
Regulations.
"Federal award" does not include other contracts that a
federal agency uses to buy goods or services from a contractor
or a contract to operate federal government owned,
contractor-operated facilities.
"Federal awarding agency" means the federal agency that
provides a federal award directly to a non-federal entity.
"Federal interest" means, for purposes of 2 CFR 200,
Subpart D, Post Federal Award Requirements (Performance and
Financial Monitoring and Reporting) 2 CFR 200.329 or when used


in connection with the acquisition or improvement of real
property, equipment, or supplies under a federal award, the
dollar amount that is the product of the federal share of total
project costs and current fair market value of the property,
improvements, or both, to the extent the costs of acquiring or
improving the property were included as project costs.
"Federal program" means any of the following:
(1) All federal awards which are assigned a single
number in the CFDA.
(2) When no CFDA number is assigned, all federal
awards to non-federal entities from the same agency made
for the same purpose should be combined and considered one
program.
(3) Notwithstanding paragraphs (1) and (2) of this
definition, a cluster of programs. The types of clusters
of programs are:
(A) research and development;
(B) student financial aid; and
(C) "other clusters", as described in the
definition of "cluster of programs".
"Federal share" means the portion of the total project
costs that are paid by federal funds.
"Final cost objective" means a cost objective which has
allocated to it both direct and indirect costs and, in the
non-federal entity's accumulation system, is one of the final
accumulation points, such as a particular award, internal


project, or other direct activity of a non-federal entity.
"Financial assistance" means the following:
(1) For grants and cooperative agreements, "financial
assistance" means assistance that non-federal entities
receive or administer in the form of:
(A) grants;
(B) cooperative agreements;
(C) non-cash contributions or donations of
property, including donated surplus property;
(D) direct appropriations;
(E) food commodities; and
(F) other financial assistance, except assistance
listed in paragraph (2) of this definition.
(2) "Financial assistance" includes assistance that
non-federal entities receive or administer in the form of
loans, loan guarantees, interest subsidies, and insurance.
(3) "Financial assistance" does not include amounts
received as reimbursement for services rendered to
individuals.
"Fixed amount awards" means a type of grant agreement
under which the awarding agency or pass-through entity
provides a specific level of support without regard to actual
costs incurred under the award. "Fixed amount awards" reduce
some of the administrative burden and record-keeping
requirements for both the non-federal entity and awarding
agency or pass-through entity. Accountability is based


primarily on performance and results.
"Foreign public entity" means:
(1) a foreign government or foreign governmental
entity;
(2) a public international organization that is
entitled to enjoy privileges, exemptions, and immunities
as an international organization under the International
Organizations Immunities Act (22 U.S.C. 288-288f);
(3) an entity owned, in whole or in part, or
controlled by a foreign government; or
(4) any other entity consisting wholly or partially of
one or more foreign governments or foreign governmental
entities.
"Foreign organization" means an entity that is:
(1) a public or private organization located in a
country other than the United States and its territories
that are subject to the laws of the country in which it is
located, irrespective of the citizenship of project staff
or place of performance;
(2) a private nongovernmental organization located in
a country other than the United States that solicits and
receives cash contributions from the general public;
(3) a charitable organization located in a country
other than the United States that is nonprofit and tax
exempt under the laws of its country of domicile and
operation, but is not a university, college, accredited


degree-granting institution of education, private
foundation, hospital, organization engaged exclusively in
research or scientific activities, church, synagogue,
mosque, or other similar entity organized primarily for
religious purposes; or
(4) an organization located in a country other than
the United States not recognized as a Foreign Public
Entity.
"Generally Accepted Accounting Principles" has the meaning
provided in accounting standards issued by the Government
Accounting Standards Board and the Financial Accounting
Standards Board.
"Generally Accepted Government Auditing Standards" means
generally accepted government auditing standards issued by the
Comptroller General of the United States that are applicable
to financial audits.
"Grant agreement" means a legal instrument of financial
assistance between an awarding agency or pass-through entity
and a non-federal entity that:
(1) is used to enter into a relationship, the
principal purpose of which is to transfer anything of
value from the awarding agency or pass-through entity to
the non-federal entity to carry out a public purpose
authorized by law and not to acquire property or services
for the awarding agency or pass-through entity's direct
benefit or use; and


(2) is distinguished from a cooperative agreement in
that it does not provide for substantial involvement
between the awarding agency or pass-through entity and the
non-federal entity in carrying out the activity
contemplated by the award.
"Grant agreement" does not include an agreement that
provides only direct cash assistance to an individual, a
subsidy, a loan, a loan guarantee, or insurance.
"Grant application" means a specified form that is
completed by a non-federal entity in connection with a request
for a specific funding opportunity or a request for financial
support of a project or activity.
"Hospital" means a facility licensed as a hospital under
the law of any state or a facility operated as a hospital by
the United States, a state, or a subdivision of a state.
"Illinois Debarred and Suspended List" means the list
maintained by the Governor's Office of Management and Budget
that contains the names of those individuals and entities that
are ineligible, either temporarily or permanently, from
receiving an award of grant funds from the State.
"Indirect cost" means those costs incurred for a common or
joint purpose benefitting more than one cost objective and not
readily assignable to the cost objectives specifically
benefitted without effort disproportionate to the results
achieved.
"Inspector General" means the Office of the Executive


Inspector General for Executive branch agencies.
"Loan" means a State or federal loan or loan guarantee
received or administered by a non-federal entity. "Loan" does
not include a "program income" as defined in 2 CFR 200, Subpart
A, Acronyms and Definitions 2 CFR 200.80.
"Loan guarantee" means any State or federal government
guarantee, insurance, or other pledge with respect to the
payment of all or a part of the principal or interest on any
debt obligation of a non-federal borrower to a non-federal
lender, but does not include the insurance of deposits,
shares, or other withdrawable accounts in financial
institutions.
"Local government" has the meaning provided for the term
"units of local government" under Section 1 of Article VII of
the Illinois Constitution and includes school districts.
"Major program" means a federal program determined by the
auditor to be a major program in accordance with 2 CFR 200.518
or a program identified as a major program by a federal
awarding agency or pass-through entity in accordance with 2
CFR 200.503(e).
"Non-federal entity" means a state, local government,
Indian tribe, institution of higher education, or
organization, whether nonprofit or for-profit, that carries
out a State or federal award as a recipient or subrecipient.
"Nonprofit organization" means any corporation, trust,
association, cooperative, or other organization, not including


institutions of higher education, that:
(1) is operated primarily for scientific, educational,
service, charitable, or similar purposes in the public
interest;
(2) is not organized primarily for profit; and
(3) uses net proceeds to maintain, improve, or expand
the operations of the organization.
"Obligations", when used in connection with a non-federal
entity's utilization of funds under an award, means orders
placed for property and services, contracts and subawards
made, and similar transactions during a given period that
require payment by the non-federal entity during the same or a
future period.
"Office of Management and Budget" means the Office of
Management and Budget of the Executive Office of the
President.
"Other clusters" has the meaning provided by the federal
Office of Management and Budget in the compliance supplement
or has the meaning as it is designated by a state for federal
awards the state provides to its subrecipients that meet the
definition of a cluster of programs. When designating an
"other cluster", a state must identify the federal awards
included in the cluster and advise the subrecipients of
compliance requirements applicable to the cluster.
"Oversight agency for audit" means the federal awarding
agency that provides the predominant amount of funding


directly to a non-federal entity not assigned a cognizant
agency for audit. When there is no direct funding, the
awarding agency that is the predominant source of pass-through
funding must assume the oversight responsibilities. The duties
of the oversight agency for audit and the process for any
reassignments are described in 2 CFR 200.513(b).
"Pass-through entity" means a non-federal entity that
provides a subaward to a subrecipient to carry out part of a
program.
"Private award" means an award from a person or entity
other than a State or federal entity. Private awards are not
subject to the provisions of this Act.
"Property" means real property or personal property.
"Project cost" means total allowable costs incurred under
an award and all required cost sharing and voluntary committed
cost sharing, including third-party contributions.
"Public institutions of higher education" has the meaning
provided in Section 1 of the Board of Higher Education Act.
"Recipient" means a non-federal entity that receives an
award directly from an awarding agency to carry out an
activity under a program. "Recipient" does not include
subrecipients.
"Research and Development" means all research activities,
both basic and applied, and all development activities that
are performed by non-federal entities.
"Single Audit Act" means the federal Single Audit Act


Amendments of 1996 (31 U.S.C. 7501-7507).
"State agency" means an Executive branch agency. For
purposes of this Act, "State agency" does not include public
institutions of higher education.
"State award" means the financial assistance that a
non-federal entity receives from the State and that is funded
with either State funds or federal funds; in the latter case,
the State is acting as a pass-through entity.
"State awarding agency" means a State agency that provides
an award to a non-federal entity.
"State grant-making agency" has the same meaning as "State
awarding agency".
"State interest" means the acquisition or improvement of
real property, equipment, or supplies under a State award, the
dollar amount that is the product of the State share of the
total project costs and current fair market value of the
property, improvements, or both, to the extent the costs of
acquiring or improving the property were included as project
costs.
"State program" means any of the following:
(1) All State awards which are assigned a single
number in the Catalog of State Financial Assistance.
(2) When no Catalog of State Financial Assistance
number is assigned, all State awards to non-federal
entities from the same agency made for the same purpose
are considered one program.


(3) A cluster of programs as defined in this Section.
"State share" means the portion of the total project costs
that are paid by State funds.
"Stop payment order" means a communication from a State
grant-making agency to the Office of the Comptroller,
following procedures set out by the Office of the Comptroller,
causing the cessation of payments to a recipient or
subrecipient as a result of the recipient's or subrecipient's
failure to comply with one or more terms of the grant or
subaward.
"Stop payment procedure" means the procedure created by
the Office of the Comptroller which effects a stop payment
order and the lifting of a stop payment order upon the request
of the State grant-making agency.
"Student Financial Aid" means federal awards under those
programs of general student assistance, such as those
authorized by Title IV of the Higher Education Act of 1965, as
amended (20 U.S.C. 1070-1099d), that are administered by the
United States Department of Education and similar programs
provided by other federal agencies. "Student Financial Aid"
does not include federal awards under programs that provide
fellowships or similar federal awards to students on a
competitive basis or for specified studies or research.
"Subaward" means a State or federal award provided by a
pass-through entity to a subrecipient for the subrecipient to
carry out part of a federal award received by the pass-through


entity. "Subaward" does not include payments to a contractor
or payments to an individual that is a beneficiary of a federal
program. A "subaward" may be provided through any form of
legal agreement, including an agreement that the pass-through
entity considers a contract.
"Subrecipient" means a non-federal entity that receives a
State or federal subaward from a pass-through entity to carry
out part of a federal program. "Subrecipient" does not include
an individual that is a beneficiary of such program. A
"subrecipient" may also be a recipient of other State or
federal awards directly from a State or federal awarding
agency.
"Suspension" means a post-award action by the State or
federal agency or pass-through entity that temporarily
withdraws the State or federal agency's or pass-through
entity's financial assistance sponsorship under an award,
pending corrective action by the recipient or subrecipient or
pending a decision to terminate the award.
"Uniform Administrative Requirements, Costs Principles,
and Audit Requirements for Federal Awards" means those rules
applicable to grants contained in 2 CFR 200.
"Voluntary committed cost sharing" means cost sharing
specifically pledged on a voluntary basis in the proposal's
budget or the award on the part of the non-federal entity and
that becomes a binding requirement of the award.
(Source: P.A. 100-997, eff. 8-20-18.)


(30 ILCS 708/45)
Sec. 45. Applicability.
(a) Except as otherwise provided in this Section, the
requirements established under this Act apply to State
grant-making agencies that make State and federal pass-through
awards to non-federal entities. These requirements apply to
all costs related to State and federal pass-through awards.
The requirements established under this Act do not apply to
private awards, to allocations of State revenues paid over by
the Comptroller to units of local government and other taxing
districts pursuant to the State Revenue Sharing Act from the
Local Government Distributive Fund or the Personal Property
Tax Replacement Fund, to allotments of State motor fuel tax
revenues distributed by the Department of Transportation to
units of local government pursuant to the Motor Fuel Tax Law
from the Motor Fuel Tax Fund or the Transportation Renewal
Fund, or to awards, including capital appropriated funds, made
by the Department of Transportation to units of local
government for the purposes of transportation projects
utilizing State funds, federal funds, or both State and
federal funds. This Act shall recognize that federal and
federal pass-through awards from the Department of
Transportation to units of local government are governed by
and must comply with federal guidelines under 2 CFR Part 200.
The changes made by this amendatory Act of the 102nd


General Assembly apply to pending actions as well as actions
commenced on or after the effective date of this amendatory
Act of the 102nd General Assembly.
(a-5) Nothing in this Act shall prohibit the use of State
funds for purposes of federal match or maintenance of effort.
(b) The terms and conditions of State, federal, and
pass-through awards apply to subawards and subrecipients
unless a particular Section of this Act or the terms and
conditions of the State or federal award specifically indicate
otherwise. Non-federal entities shall comply with requirements
of this Act regardless of whether the non-federal entity is a
recipient or subrecipient of a State or federal pass-through
award. Pass-through entities shall comply with the
requirements set forth under the rules adopted under
subsection (a) of Section 20 of this Act, but not to any
requirements in this Act directed towards State or federal
awarding agencies, unless the requirements of the State or
federal awards indicate otherwise.
When a non-federal entity is awarded a cost-reimbursement
contract, only 2 CFR 200, Subpart D, Post Federal Award
Requirements (Subrecipient Monitoring and Management) 2 CFR
200.330 through 200.332 are incorporated by reference into the
contract. However, when the Cost Accounting Standards are
applicable to the contract, they take precedence over the
requirements of this Act unless they are in conflict with
Subpart F of 2 CFR 200. In addition, costs that are made


unallowable under 10 U.S.C. 2324(e) and 41 U.S.C. 4304(a), as
described in the Federal Acquisition Regulations, subpart 31.2
and subpart 31.603, are always unallowable. For requirements
other than those covered in Subpart D of 2 CFR 200, Subpart D,
Post Federal Award Requirements(Subrecipient Monitoring and
Management) 2 CFR 200.330 through 200.332, the terms of the
contract and the Federal Acquisition Regulations apply.
With the exception of Subpart F of 2 CFR 200, which is
required by the Single Audit Act, in any circumstances where
the provisions of federal statutes or regulations differ from
the provisions of this Act, the provision of the federal
statutes or regulations govern. This includes, for agreements
with Indian tribes, the provisions of the Indian
Self-Determination and Education and Assistance Act, as
amended, 25 U.S.C. 450-458ddd-2.
(c) State grant-making agencies may apply subparts A
through E of 2 CFR 200 to for-profit entities, foreign public
entities, or foreign organizations, except where the awarding
agency determines that the application of these subparts would
be inconsistent with the international obligations of the
United States or the statute or regulations of a foreign
government.
(d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to
different types of awards. The same applicability applies to
this Act.
(e) (Blank).


(f) For public institutions of higher education, the
provisions of this Act apply only to awards funded by federal
pass-through awards from a State agency to public institutions
of higher education. This Act shall recognize provisions in 2
CFR 200 as applicable to public institutions of higher
education, including Appendix III of Part 200 and the cost
principles under Subpart E.
(g) Each grant-making agency shall enhance its processes
to monitor and address noncompliance with reporting
requirements and with program performance standards. Where
applicable, the process may include a corrective action plan.
The monitoring process shall include a plan for tracking and
documenting performance-based contracting decisions.
(h) Notwithstanding any provision of law to the contrary,
grants awarded from federal funds received from the federal
Coronavirus State Fiscal Recovery Fund in accordance with
Section 9901 of the American Rescue Plan Act of 2021 are
subject to the provisions of this Act, but only to the extent
required by Section 9901 of the American Rescue Plan Act of
2021 and other applicable federal law or regulation.
(Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21;
102-626, eff. 8-27-21; 102-813, eff. 5-13-22; 102-1092, eff.
6-10-22.)
Section 10-50. The Illinois State University Law is
amended by changing Section 20-170 as follows:


(110 ILCS 675/20-170)
Sec. 20-170. Administrator and faculty salary and
benefits; report. The Board of Trustees shall report to the
Board of Higher Education, on or before August July 1 of each
year, the base salary and benefits of the president of the
university and all administrators, faculty members, and
instructors employed by the university from the prior fiscal
year. For the purposes of this Section, "benefits" includes
without limitation vacation days, sick days, bonuses,
annuities, and retirement enhancements.
(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
Section 10-55. The University of Illinois Act is amended
by changing Section 70 as follows:
(110 ILCS 305/70)
Sec. 70. Administrator and faculty salary and benefits;
report. The Board of Trustees shall report to the Board of
Higher Education, on or before August July 1 of each year, the
base salary and benefits of the president of the university
and all administrators, faculty members, and instructors
employed by the university from the prior fiscal year. For the
purposes of this Section, "benefits" includes without
limitation vacation days, sick days, bonuses, annuities, and
retirement enhancements.


(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
Section 10-60. The Southern Illinois University Management
Act is amended by changing Section 55 as follows:
(110 ILCS 520/55)
Sec. 55. Administrator and faculty salary and benefits;
report. The Board of Trustees shall report to the Board of
Higher Education, on or before August July 1 of each year, the
base salary and benefits of the president of the university
and all administrators, faculty members, and instructors
employed by the university from the prior fiscal year. For the
purposes of this Section, "benefits" includes without
limitation vacation days, sick days, bonuses, annuities, and
retirement enhancements.
(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
Section 10-65. The Chicago State University Law is amended
by changing Section 5-165 as follows:
(110 ILCS 660/5-165)
Sec. 5-165. Administrator and faculty salary and benefits;
report. The Board of Trustees shall report to the Board of
Higher Education, on or before August July 1 of each year, the
base salary and benefits of the president of the university
and all administrators, faculty members, and instructors


employed by the university from the prior fiscal year. For the
purposes of this Section, "benefits" includes without
limitation vacation days, sick days, bonuses, annuities, and
retirement enhancements.
(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
Section 10-70. The Eastern Illinois University Law is
amended by changing Section 10-165 as follows:
(110 ILCS 665/10-165)
Sec. 10-165. Administrator and faculty salary and
benefits; report. The Board of Trustees shall report to the
Board of Higher Education, on or before August July 1 of each
year, the base salary and benefits of the president of the
university and all administrators, faculty members, and
instructors employed by the university from the prior fiscal
year. For the purposes of this Section, "benefits" includes
without limitation vacation days, sick days, bonuses,
annuities, and retirement enhancements.
(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
Section 10-75. The Governors State University Law is
amended by changing Section 15-165 as follows:
(110 ILCS 670/15-165)
Sec. 15-165. Administrator and faculty salary and


benefits; report. The Board of Trustees shall report to the
Board of Higher Education, on or before August July 1 of each
year, the base salary and benefits of the president of the
university and all administrators, faculty members, and
instructors employed by the university from the prior fiscal
year. For the purposes of this Section, "benefits" includes
without limitation vacation days, sick days, bonuses,
annuities, and retirement enhancements.
(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
Section 10-80. The Northeastern Illinois University Law is
amended by changing Section 25-165 as follows:
(110 ILCS 680/25-165)
Sec. 25-165. Administrator and faculty salary and
benefits; report. The Board of Trustees shall report to the
Board of Higher Education, on or before August July 1 of each
year, the base salary and benefits of the president of the
university and all administrators, faculty members, and
instructors employed by the university from the prior fiscal
year. For the purposes of this Section, "benefits" includes
without limitation vacation days, sick days, bonuses,
annuities, and retirement enhancements.
(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
Section 10-85. The Northern Illinois University Law is


amended by changing Section 30-175 as follows:
(110 ILCS 685/30-175)
Sec. 30-175. Administrator and faculty salary and
benefits; report. The Board of Trustees shall report to the
Board of Higher Education, on or before August July 1 of each
year, the base salary and benefits of the president of the
university and all administrators, faculty members, and
instructors employed by the university from the prior fiscal
year. For the purposes of this Section, "benefits" includes
without limitation vacation days, sick days, bonuses,
annuities, and retirement enhancements.
(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
Section 10-90. The Western Illinois University Law is
amended by changing Section 35-170 as follows:
(110 ILCS 690/35-170)
Sec. 35-170. Administrator and faculty salary and
benefits; report. The Board of Trustees shall report to the
Board of Higher Education, on or before August July 1 of each
year, the base salary and benefits of the president of the
university and all administrators, faculty members, and
instructors employed by the university from the prior fiscal
year. For the purposes of this Section, "benefits" includes
without limitation vacation days, sick days, bonuses,


annuities, and retirement enhancements.
(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
Article 15.
Section 15-5. The Statute on Statutes is amended by
changing Section 1.33 as follows:
(5 ILCS 70/1.33) (from Ch. 1, par. 1034)
Sec. 1.33. Whenever there is a reference in any Act to the
Capital Development Bond Act of 1972, Transportation Bond Act,
School Construction Bond Act, Anti-Pollution Bond Act or the
Illinois Coal and Energy Development Bond Act, such reference
shall be interpreted to include the General Obligation Bond
Act.
(Source: P.A. 83-1490.)
Section 15-10. The State Finance Act is amended by
changing Sections 8.3 and 8.25 as follows:
(30 ILCS 105/8.3)
Sec. 8.3. Money in the Road Fund shall, if and when the
State of Illinois incurs any bonded indebtedness for the
construction of permanent highways, be set aside and used for
the purpose of paying and discharging annually the principal
and interest on that bonded indebtedness then due and payable,


and for no other purpose. The surplus, if any, in the Road Fund
after the payment of principal and interest on that bonded
indebtedness then annually due shall be used as follows:
first -- to pay the cost of administration of Chapters
2 through 10 of the Illinois Vehicle Code, except the cost
of administration of Articles I and II of Chapter 3 of that
Code, and to pay the costs of the Executive Ethics
Commission for oversight and administration of the Chief
Procurement Officer appointed under paragraph (2) of
subsection (a) of Section 10-20 of the Illinois
Procurement Code for transportation; and
secondly -- for expenses of the Department of
Transportation for construction, reconstruction,
improvement, repair, maintenance, operation, and
administration of highways in accordance with the
provisions of laws relating thereto, or for any purpose
related or incident to and connected therewith, including
the separation of grades of those highways with railroads
and with highways and including the payment of awards made
by the Illinois Workers' Compensation Commission under the
terms of the Workers' Compensation Act or Workers'
Occupational Diseases Act for injury or death of an
employee of the Division of Highways in the Department of
Transportation; or for the acquisition of land and the
erection of buildings for highway purposes, including the
acquisition of highway right-of-way or for investigations


to determine the reasonably anticipated future highway
needs; or for making of surveys, plans, specifications and
estimates for and in the construction and maintenance of
flight strips and of highways necessary to provide access
to military and naval reservations, to defense industries
and defense-industry sites, and to the sources of raw
materials and for replacing existing highways and highway
connections shut off from general public use at military
and naval reservations and defense-industry sites, or for
the purchase of right-of-way, except that the State shall
be reimbursed in full for any expense incurred in building
the flight strips; or for the operating and maintaining of
highway garages; or for patrolling and policing the public
highways and conserving the peace; or for the operating
expenses of the Department relating to the administration
of public transportation programs; or, during fiscal year
2023, for the purposes of a grant not to exceed $8,394,800
to the Regional Transportation Authority on behalf of PACE
for the purpose of ADA/Para-transit expenses; or, during
fiscal year 2024, for the purposes of a grant not to exceed
$9,108,400 to the Regional Transportation Authority on
behalf of PACE for the purpose of ADA/Para-transit
expenses; or for any of those purposes or any other
purpose that may be provided by law.
Appropriations for any of those purposes are payable from
the Road Fund. Appropriations may also be made from the Road


Fund for the administrative expenses of any State agency that
are related to motor vehicles or arise from the use of motor
vehicles.
Beginning with fiscal year 1980 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
1. Department of Public Health;
2. Department of Transportation, only with respect to
subsidies for one-half fare Student Transportation and
Reduced Fare for Elderly, except fiscal year 2023 when no
more than $17,570,000 may be expended and except fiscal
year 2024 when no more than $19,063,500 may be expended;
3. Department of Central Management Services, except
for expenditures incurred for group insurance premiums of
appropriate personnel;
4. Judicial Systems and Agencies.
Beginning with fiscal year 1981 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
1. Illinois State Police, except for expenditures with


respect to the Division of Patrol and Division of Criminal
Investigation;
2. Department of Transportation, only with respect to
Intercity Rail Subsidies, except fiscal year 2023 when no
more than $55,000,000 may be expended and except fiscal
year 2024 when no more than $60,000,000 may be expended,
and Rail Freight Services.
Beginning with fiscal year 1982 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement: Department of Central
Management Services, except for awards made by the Illinois
Workers' Compensation Commission under the terms of the
Workers' Compensation Act or Workers' Occupational Diseases
Act for injury or death of an employee of the Division of
Highways in the Department of Transportation.
Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to the following Departments
or agencies of State government for administration, grants, or
operations; but this limitation is not a restriction upon
appropriating for those purposes any Road Fund monies that are
eligible for federal reimbursement:
1. Illinois State Police, except not more than 40% of
the funds appropriated for the Division of Patrol and


Division of Criminal Investigation;
2. State Officers.
Beginning with fiscal year 1984 and thereafter, no Road
Fund monies shall be appropriated to any Department or agency
of State government for administration, grants, or operations
except as provided hereafter; but this limitation is not a
restriction upon appropriating for those purposes any Road
Fund monies that are eligible for federal reimbursement. It
shall not be lawful to circumvent the above appropriation
limitations by governmental reorganization or other methods.
Appropriations shall be made from the Road Fund only in
accordance with the provisions of this Section.
Money in the Road Fund shall, if and when the State of
Illinois incurs any bonded indebtedness for the construction
of permanent highways, be set aside and used for the purpose of
paying and discharging during each fiscal year the principal
and interest on that bonded indebtedness as it becomes due and
payable as provided in the General Obligation Bond Act
Transportation Bond Act, and for no other purpose. The
surplus, if any, in the Road Fund after the payment of
principal and interest on that bonded indebtedness then
annually due shall be used as follows:
first -- to pay the cost of administration of Chapters
2 through 10 of the Illinois Vehicle Code; and
secondly -- no Road Fund monies derived from fees,
excises, or license taxes relating to registration,


operation and use of vehicles on public highways or to
fuels used for the propulsion of those vehicles, shall be
appropriated or expended other than for costs of
administering the laws imposing those fees, excises, and
license taxes, statutory refunds and adjustments allowed
thereunder, administrative costs of the Department of
Transportation, including, but not limited to, the
operating expenses of the Department relating to the
administration of public transportation programs, payment
of debts and liabilities incurred in construction and
reconstruction of public highways and bridges, acquisition
of rights-of-way for and the cost of construction,
reconstruction, maintenance, repair, and operation of
public highways and bridges under the direction and
supervision of the State, political subdivision, or
municipality collecting those monies, or during fiscal
year 2023 for the purposes of a grant not to exceed
$8,394,800 to the Regional Transportation Authority on
behalf of PACE for the purpose of ADA/Para-transit
expenses, or during fiscal year 2024 for the purposes of a
grant not to exceed $9,108,400 to the Regional
Transportation Authority on behalf of PACE for the purpose
of ADA/Para-transit expenses, and the costs for patrolling
and policing the public highways (by the State, political
subdivision, or municipality collecting that money) for
enforcement of traffic laws. The separation of grades of


such highways with railroads and costs associated with
protection of at-grade highway and railroad crossing shall
also be permissible.
Appropriations for any of such purposes are payable from
the Road Fund or the Grade Crossing Protection Fund as
provided in Section 8 of the Motor Fuel Tax Law.
Except as provided in this paragraph, beginning with
fiscal year 1991 and thereafter, no Road Fund monies shall be
appropriated to the Illinois State Police for the purposes of
this Section in excess of its total fiscal year 1990 Road Fund
appropriations for those purposes unless otherwise provided in
Section 5g of this Act. For fiscal years 2003, 2004, 2005,
2006, and 2007 only, no Road Fund monies shall be appropriated
to the Department of State Police for the purposes of this
Section in excess of $97,310,000. For fiscal year 2008 only,
no Road Fund monies shall be appropriated to the Department of
State Police for the purposes of this Section in excess of
$106,100,000. For fiscal year 2009 only, no Road Fund monies
shall be appropriated to the Department of State Police for
the purposes of this Section in excess of $114,700,000.
Beginning in fiscal year 2010, no Road Fund road fund moneys
shall be appropriated to the Illinois State Police. It shall
not be lawful to circumvent this limitation on appropriations
by governmental reorganization or other methods unless
otherwise provided in Section 5g of this Act.
In fiscal year 1994, no Road Fund monies shall be


appropriated to the Secretary of State for the purposes of
this Section in excess of the total fiscal year 1991 Road Fund
appropriations to the Secretary of State for those purposes,
plus $9,800,000. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other method.
Beginning with fiscal year 1995 and thereafter, no Road
Fund monies shall be appropriated to the Secretary of State
for the purposes of this Section in excess of the total fiscal
year 1994 Road Fund appropriations to the Secretary of State
for those purposes. It shall not be lawful to circumvent this
limitation on appropriations by governmental reorganization or
other methods.
Beginning with fiscal year 2000, total Road Fund
appropriations to the Secretary of State for the purposes of
this Section shall not exceed the amounts specified for the
following fiscal years:
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 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 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 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 2009 $130,500,000.
Fiscal Year 2009 $130,500,000.
For fiscal year 2010, no road fund moneys shall be
appropriated to the Secretary of State.
Beginning in fiscal year 2011, moneys in the Road Fund
shall be appropriated to the Secretary of State for the
exclusive purpose of paying refunds due to overpayment of fees
related to Chapter 3 of the Illinois Vehicle Code unless
otherwise provided for by law.
It shall not be lawful to circumvent this limitation on
appropriations by governmental reorganization or other
methods.
No new program may be initiated in fiscal year 1991 and
thereafter that is not consistent with the limitations imposed
by this Section for fiscal year 1984 and thereafter, insofar
as appropriation of Road Fund monies is concerned.
Nothing in this Section prohibits transfers from the Road
Fund to the State Construction Account Fund under Section 5e
of this Act; nor to the General Revenue Fund, as authorized by
Public Act 93-25.
The additional amounts authorized for expenditure in this
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
shall be repaid to the Road Fund from the General Revenue Fund
in the next succeeding fiscal year that the General Revenue
Fund has a positive budgetary balance, as determined by
generally accepted accounting principles applicable to
government.

Fiscal Year 2009 $130,500,000.


The additional amounts authorized for expenditure by the
Secretary of State and the Department of State Police in this
Section by Public Act 94-91 shall be repaid to the Road Fund
from the General Revenue Fund in the next succeeding fiscal
year that the General Revenue Fund has a positive budgetary
balance, as determined by generally accepted accounting
principles applicable to government.
(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.
6-7-23; 103-34, eff. 1-1-24; revised 12-12-23.)
(30 ILCS 105/8.25) (from Ch. 127, par. 144.25)
Sec. 8.25. Build Illinois Fund; uses.
(A) All moneys in the Build Illinois Fund shall be
transferred, appropriated, and used only for the purposes
authorized by and subject to the limitations and conditions
prescribed by this Section. There are established the
following accounts in the Build Illinois Fund: the McCormick
Place Account, the Build Illinois Bond Account, the Build
Illinois Purposes Account, the Park and Conservation Fund
Account, and the Tourism Advertising and Promotion Account.
Amounts deposited into the Build Illinois Fund consisting of
1.55% before July 1, 1986, and 1.75% on and after July 1, 1986,
of moneys received by the Department of Revenue under Section
9 of the Use Tax Act, Section 9 of the Service Use Tax Act,
Section 9 of the Service Occupation Tax Act, and Section 3 of


the Retailers' Occupation Tax Act, and all amounts deposited
therein under Section 28 of the Illinois Horse Racing Act of
1975, Section 4.05 of the Chicago World's Fair - 1992
Authority Act, and Sections 3 and 6 of the Hotel Operators'
Occupation Tax Act, shall be credited initially to the
McCormick Place Account and all other amounts deposited into
the Build Illinois Fund shall be credited initially to the
Build Illinois Bond Account. Of the amounts initially so
credited to the McCormick Place Account in each month, the
amount that is to be transferred in that month to the
Metropolitan Fair and Exposition Authority Improvement Bond
Fund, as provided below, shall remain credited to the
McCormick Place Account, and all amounts initially so credited
in that month in excess thereof shall next be credited to the
Build Illinois Bond Account. Of the amounts credited to the
Build Illinois Bond Account in each month, the amount that is
to be transferred in that month to the Build Illinois Bond
Retirement and Interest Fund, as provided below, shall remain
credited to the Build Illinois Bond Account, and all amounts
so credited in each month in excess thereof shall next be
credited monthly to the other accounts in the following order
of priority: first, to the Build Illinois Purposes Account,
plus any cumulative deficiency in those transfers for prior
months; second, 1/12 of $10,000,000, plus any cumulative
deficiency in those transfers for prior months, to the Park
and Conservation Fund Account; and third, to the General


Revenue Fund in the State Treasury all amounts that remain in
the Build Illinois Fund on the last day of each month and are
not credited to any account in that Fund.
Transfers from the McCormick Place Account in the Build
Illinois Fund shall be made as follows:
Beginning with fiscal year 1985 and continuing for each
fiscal year thereafter, the Metropolitan Pier and Exposition
Authority shall annually certify to the State Comptroller and
State Treasurer the amount necessary and required during the
fiscal year with respect to which the certification is made to
pay the debt service requirements (including amounts to be
paid with respect to arrangements to provide additional
security or liquidity) on all outstanding bonds and notes,
including refunding bonds (herein collectively referred to as
bonds) of issues in the aggregate amount (excluding the amount
of any refunding bonds issued by that Authority after January
1, 1986) of not more than $312,500,000 issued after July 1,
1984, by that Authority for the purposes specified in Sections
10.1 and 13.1 of the Metropolitan Pier and Exposition
Authority Act. In each month of the fiscal year in which there
are bonds outstanding with respect to which the annual
certification is made, the Comptroller shall order transferred
and the Treasurer shall transfer from the McCormick Place
Account in the Build Illinois Fund to the Metropolitan Fair
and Exposition Authority Improvement Bond Fund an amount equal
to 150% of the certified amount for that fiscal year divided by


the number of months during that fiscal year in which bonds of
the Authority are outstanding, plus any cumulative deficiency
in those transfers for prior months; provided, that the
maximum amount that may be so transferred in fiscal year 1985
shall not exceed $15,000,000 or a lesser sum as is actually
necessary and required to pay the debt service requirements
for that fiscal year after giving effect to net operating
revenues of that Authority available for that purpose as
certified by that Authority, and provided further that the
maximum amount that may be so transferred in fiscal year 1986
shall not exceed $30,000,000 and in each fiscal year
thereafter shall not exceed $33,500,000 in any fiscal year or
a lesser sum as is actually necessary and required to pay the
debt service requirements for that fiscal year after giving
effect to net operating revenues of that Authority available
for that purpose as certified by that Authority.
When an amount equal to 100% of the aggregate amount of
principal and interest in each fiscal year with respect to
bonds issued after July 1, 1984, that by their terms are
payable from the Metropolitan Fair and Exposition Authority
Improvement Bond Fund, including under sinking fund
requirements, has been so paid and deficiencies in reserves
established from bond proceeds shall have been remedied, and
at the time that those amounts have been transferred to the
Authority as provided in Section 13.1 of the Metropolitan Pier
and Exposition Authority Act, the remaining moneys, if any,


deposited and to be deposited during each fiscal year to the
Metropolitan Fair and Exposition Authority Improvement Bond
Fund shall be transferred to the Metropolitan Fair and
Exposition Authority Completion Note Subordinate Fund.
Transfers from the Build Illinois Bond Account in the
Build Illinois Fund shall be made as follows:
Beginning with fiscal year 1986 and continuing for each
fiscal year thereafter so long as limited obligation bonds of
the State issued under the Build Illinois Bond Act remain
outstanding, the Comptroller shall order transferred and the
Treasurer shall transfer in each month, commencing in October,
1985, on the last day of that month, from the Build Illinois
Bond Account to the Build Illinois Bond Retirement and
Interest Fund in the State Treasury the amount required to be
so transferred in that month under Section 13 of the Build
Illinois Bond Act.
As soon as may be practicable after the first day of each
month beginning after July 1, 1984, the Comptroller shall
order transferred and the Treasurer shall transfer from the
Park and Conservation Fund Account in the Build Illinois Fund
to the Park and Conservation Fund 1/12 of $10,000,000, plus
any cumulative deficiency in those transfers for prior months,
for conservation and park purposes as enumerated in Section
805-420 of the Department of Natural Resources (Conservation)
Law (20 ILCS 805/805-420), and to pay the debt service
requirements on all outstanding bonds of an issue in the


aggregate amount of not more than $40,000,000 issued after
January 1, 1985, by the State of Illinois for the purposes
specified in Section 3(c) of the Capital Development Bond Act
of 1972, or for the same purposes as specified in any other
State general obligation bond Act enacted after November 1,
1984. Transfers from the Park and Conservation Fund to the
Capital Development Bond Retirement and Interest Fund to pay
those debt service requirements shall be made in accordance
with Section 8.25b of this Act.
All funds remaining in the Build Illinois Fund on the last
day of any month and not credited to any account in that Fund
shall be transferred by the State Treasurer to the General
Revenue Fund.
(B) For the purpose of this Section, "cumulative
deficiency" shall include all deficiencies in those transfers
that have occurred since July 1, 1984, as specified in
subsection (A) of this Section.
(C) (Blank). In addition to any other permitted use of
moneys in the Fund, and notwithstanding any restriction on the
use of the Fund, moneys in the Park and Conservation Fund may
be transferred to the General Revenue Fund as authorized by
Public Act 87-14. The General Assembly finds that an excess of
moneys existed in the Fund on July 30, 1991, and the Governor's
order of July 30, 1991, requesting the Comptroller and
Treasurer to transfer an amount from the Fund to the General
Revenue Fund is hereby validated.


(D) (Blank).
(Source: P.A. 102-1071, eff. 6-10-22.)
(30 ILCS 325/Act rep.)
Section 15-20. The Fiscal Agent Designation Act is
repealed.
Section 15-25. The General Obligation Bond Act is amended
by changing Sections 12 and 15 as follows:
(30 ILCS 330/12) (from Ch. 127, par. 662)
Sec. 12. Allocation of proceeds from sale of Bonds.
(a) Proceeds from the sale of Bonds, authorized by Section
3 of this Act, shall be deposited in the separate fund known as
the Capital Development Fund, a special fund that was created
under Section 6 of the Capital Development Bond Act of 1972
(repealed) and is continued under this amendatory Act of the
103rd General Assembly, which may be expended as provided by
law.
(b) Proceeds from the sale of Bonds, authorized by
paragraph (a) of Section 4 of this Act, shall be deposited in
the separate fund known as the Transportation Bond, Series A
Fund, a special fund that was created under Section 4 of the
Transportation Bond Act (repealed) and is continued under this
amendatory Act of the 103rd General Assembly, which may be
expended as provided by law.


(c) Proceeds from the sale of Bonds, authorized by
paragraphs (b) and (c) of Section 4 of this Act, shall be
deposited in the separate fund known as the Transportation
Bond, Series B Fund, a special fund that was created under
Section 4 of the Transportation Bond Act (repealed) and is
continued under this amendatory Act of the 103rd General
Assembly, which may be expended as provided by law.
(c-1) Proceeds from the sale of Bonds, authorized by
paragraph (d) of Section 4 of this Act, shall be deposited into
the Transportation Bond Series D Fund, which is hereby
created.
(c-2) Proceeds from the sale of Bonds, authorized by
paragraph (e) of Section 4 of this Act, shall be deposited into
the Multi-modal Transportation Bond Fund, which is hereby
created.
(d) Proceeds from the sale of Bonds, authorized by Section
5 of this Act, shall be deposited in the separate fund known as
the School Construction Fund.
(e) Proceeds from the sale of Bonds, authorized by Section
6 of this Act, shall be deposited in the separate fund known as
the Anti-Pollution Fund, a special fund that was created under
Section 3 of the Anti-Pollution Bond Act (repealed) and is
continued under this amendatory Act of the 103rd General
Assembly, which may be expended as provided by law.
(f) Proceeds from the sale of Bonds, authorized by Section
7 of this Act, shall be deposited in the separate fund known as


the Coal Development Fund, a special fund that was created
under Section 10 of the Illinois Coal and Energy Development
Bond Act (repealed) and is continued under this amendatory Act
of the 103rd General Assembly, which may be expended as
provided by law.
(f-2) Proceeds from the sale of Bonds, authorized by
Section 7.2 of this Act, shall be deposited as set forth in
Section 7.2.
(f-5) Proceeds from the sale of Bonds, authorized by
Section 7.5 of this Act, shall be deposited as set forth in
Section 7.5.
(f-7) Proceeds from the sale of Bonds, authorized by
Section 7.6 of this Act, shall be deposited as set forth in
Section 7.6.
(f-8) Proceeds from the sale of Bonds, authorized by
Section 7.7 of this Act, shall be deposited as set forth in
Section 7.7.
(g) Proceeds from the sale of Bonds, authorized by Section
8 of this Act, shall be deposited in the Capital Development
Fund.
(h) Subsequent to the issuance of any Bonds for the
purposes described in Sections 2 through 8 of this Act, the
Governor and the Director of the Governor's Office of
Management and Budget may provide for the reallocation of
unspent proceeds of such Bonds to any other purposes
authorized under said Sections of this Act, subject to the


limitations on aggregate principal amounts contained therein.
Upon any such reallocation, such unspent proceeds shall be
transferred to the appropriate funds as determined by
reference to paragraphs (a) through (g) of this Section.
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
101-30, eff. 6-28-19.)
(30 ILCS 330/15) (from Ch. 127, par. 665)
Sec. 15. Computation of principal and interest; transfers.
(a) Upon each delivery of Bonds authorized to be issued
under this Act, the Comptroller shall compute and certify to
the Treasurer the total amount of principal of, interest on,
and premium, if any, on Bonds issued that will be payable in
order to retire such Bonds, the amount of principal of,
interest on and premium, if any, on such Bonds that will be
payable on each payment date according to the tenor of such
Bonds during the then current and each succeeding fiscal year,
and the amount of sinking fund payments needed to be deposited
in connection with Qualified School Construction Bonds
authorized by subsection (e) of Section 9. With respect to the
interest payable on variable rate bonds, such certifications
shall be calculated at the maximum rate of interest that may be
payable during the fiscal year, after taking into account any
credits permitted in the related indenture or other instrument
against the amount of such interest required to be
appropriated for such period pursuant to subsection (c) of


Section 14 of this Act. With respect to the interest payable,
such certifications shall include the amounts certified by the
Director of the Governor's Office of Management and Budget
under subsection (b) of Section 9 of this Act.
On or before the last day of each month the State Treasurer
and Comptroller shall transfer from (1) the Road Fund with
respect to Bonds issued under paragraphs (a) and (e) of
Section 4 of this Act, or Bonds issued under authorization in
Public Act 98-781, or Bonds issued for the purpose of
refunding such bonds, and from (2) the General Revenue Fund,
with respect to all other Bonds issued under this Act, to the
General Obligation Bond Retirement and Interest Fund an amount
sufficient to pay the aggregate of the principal of, interest
on, and premium, if any, on Bonds payable, by their terms on
the next payment date divided by the number of full calendar
months between the date of such Bonds and the first such
payment date, and thereafter, divided by the number of months
between each succeeding payment date after the first. Such
computations and transfers shall be made for each series of
Bonds issued and delivered. Interest payable on variable rate
bonds shall be calculated at the maximum rate of interest that
may be payable for the relevant period, after taking into
account any credits permitted in the related indenture or
other instrument against the amount of such interest required
to be appropriated for such period pursuant to subsection (c)
of Section 14 of this Act. Computations of interest shall


include the amounts certified by the Director of the
Governor's Office of Management and Budget under subsection
(b) of Section 9 of this Act. Interest for which moneys have
already been deposited into the capitalized interest account
within the General Obligation Bond Retirement and Interest
Fund shall not be included in the calculation of the amounts to
be transferred under this subsection. Notwithstanding any
other provision in this Section, the transfer provisions
provided in this paragraph shall not apply to transfers made
in fiscal year 2010 or fiscal year 2011 with respect to Bonds
issued in fiscal year 2010 or fiscal year 2011 pursuant to
Section 7.2 of this Act. In the case of transfers made in
fiscal year 2010 or fiscal year 2011 with respect to the Bonds
issued in fiscal year 2010 or fiscal year 2011 pursuant to
Section 7.2 of this Act, on or before the 15th day of the month
prior to the required debt service payment, the State
Treasurer and Comptroller shall transfer from the General
Revenue Fund to the General Obligation Bond Retirement and
Interest Fund an amount sufficient to pay the aggregate of the
principal of, interest on, and premium, if any, on the Bonds
payable in that next month.
The transfer of monies herein and above directed is not
required if monies in the General Obligation Bond Retirement
and Interest Fund are more than the amount otherwise to be
transferred as herein above provided, and if the Governor or
his authorized representative notifies the State Treasurer and


Comptroller of such fact in writing.
(b) The After the effective date of this Act, the balance
of, and monies directed to be included in the Capital
Development Bond Retirement and Interest Fund, Anti-Pollution
Bond Retirement and Interest Fund, Transportation Bond, Series
A Retirement and Interest Fund, Transportation Bond, Series B
Retirement and Interest Fund, and Coal Development Bond
Retirement and Interest Fund shall be transferred to and
deposited in the General Obligation Bond Retirement and
Interest Fund. This Fund shall be used to make debt service
payments on the State's general obligation Bonds heretofore
issued which are now outstanding and payable from the Funds
herein listed as well as on Bonds issued under this Act.
(c) The unused portion of federal funds received for or as
reimbursement for a capital facilities project, as authorized
by Section 3 of this Act, for which monies from the Capital
Development Fund have been expended shall remain in the
Capital Development Board Contributory Trust Fund and shall be
used for capital projects and for no other purpose, subject to
appropriation and as directed by the Capital Development
Board. Any federal funds received as reimbursement for the
completed construction of a capital facilities project, as
authorized by Section 3 of this Act, for which monies from the
Capital Development Fund have been expended may be used for
any expense or project necessary for implementation of the
Quincy Veterans' Home Rehabilitation and Rebuilding Act for a


period of 5 years from July 17, 2018 (the effective date of
Public Act 100-610).
(Source: P.A. 101-30, eff. 6-28-19; 102-699, eff. 4-19-22.)
(30 ILCS 395/Act rep.)
Section 15-30. The Educational Institution Bond
Authorization Act is repealed.
(30 ILCS 400/Act rep.)
Section 15-35. The Mental Health Institution Bond Act is
repealed.
(30 ILCS 405/Act rep.)
Section 15-40. The Anti-Pollution Bond Act is repealed.
(30 ILCS 410/Act rep.)
Section 15-45. The Anti-Pollution Bond Fund Transfer Act
is repealed.
(30 ILCS 415/Act rep.)
Section 15-50. The Transportation Bond Act is repealed.
(30 ILCS 420/Act rep.)
Section 15-55. The Capital Development Bond Act of 1972 is
repealed.


Section 15-60. The Public Community College Act is amended
by changing Sections 5-1, 5-9, and 5-12 as follows:
(110 ILCS 805/5-1) (from Ch. 122, par. 105-1)
Sec. 5-1. Application; State funds.
(a) This Article does not apply to community college
energy conservation measures and guaranteed energy saving
contracts undertaken, implemented, or entered into under
Article V-A.
(b) Upon compliance with the provisions of this Article,
any community college may receive and expend funds for
building purposes under the direction of the State Board
pursuant to the provisions of the General Obligation Bond Act,
the Capital Development Bond Act of 1972 (now repealed), and
the Capital Development Board Act.
(Source: P.A. 88-173.)
(110 ILCS 805/5-9) (from Ch. 122, par. 105-9)
Sec. 5-9. The community college district may finance 25%
or more of the project by issuing bonds in the manner provided
in Article IIIA. The community college board is authorized to
transfer to the Capital Development Board to supplement the
financing by the Capital Development Board responsive to the
General Obligation Bond Act, "Capital Development Bond Act of
1972 (now repealed) ", as now or hereafter amended, and the
"Capital Development Board Act", as now or hereafter amended,


such monies as are necessary to finance at least 25% of the
project. In addition any community college district may
designate for building purposes any property it may own,
either real or personal, situated within the geographical
boundaries of such community college district, as part of its
contribution necessary to finance at least 25% of the project.
The obligation of property and money may be made for any
project authorized by law to be undertaken by the Capital
Development Board responsive to a declaration of such project
being in the public interest by the General Assembly for any of
the purposes approved by the State Board.
(Source: P.A. 81-1509.)
(110 ILCS 805/5-12) (from Ch. 122, par. 105-12)
Sec. 5-12. In the event the Capital Development Board
determines that a facility previously provided for a community
college under this Article was defectively designed or
constructed, the cost of any necessary corrective work shall
be fully funded by monies appropriated pursuant to the General
Obligation Bond Act Capital Development Bond Act of 1972, as
now or hereafter amended. In such an instance, the community
college shall not be required to provide any portion of the
cost of the corrective work.
Should a community college district recover damages
against any party responsible for the defective design or
construction of a community college facility, the community


college district shall reimburse the State of Illinois for any
funds provided by the State to correct building defects.
No provision of this Section shall preclude or delay
litigation by a community college district to recover damages
for such defective design or construction from the party or
parties responsible for same.
(Source: P.A. 81-994.)
Section 15-65. The Environmental Protection Act is amended
by changing Section 4 as follows:
(415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
Sec. 4. Environmental Protection Agency; establishment;
duties.
(a) There is established in the Executive Branch of the
State Government an agency to be known as the Environmental
Protection Agency. This Agency shall be under the supervision
and direction of a Director who shall be appointed by the
Governor with the advice and consent of the Senate. The term of
office of the Director shall expire on the third Monday of
January in odd numbered years, provided that he or she shall
hold office until a successor is appointed and has qualified.
For terms beginning after January 18, 2019 (the effective date
of Public Act 100-1179) and before January 16, 2023, the
Director's annual salary shall be an amount equal to 15% more
than the Director's annual salary as of December 31, 2018. The


calculation of the 2018 salary base for this adjustment shall
not include any cost of living adjustments, as authorized by
Senate Joint Resolution 192 of the 86th General Assembly, for
the period beginning July 1, 2009 to June 30, 2019. Beginning
July 1, 2019 and each July 1 thereafter, the Director shall
receive an increase in salary based on a cost of living
adjustment as authorized by Senate Joint Resolution 192 of the
86th General Assembly. Notwithstanding any other provision of
law, for terms beginning on or after January 16, 2023, the
Director shall receive an annual salary of $180,000 or as set
by the Governor, whichever is higher. On July 1, 2023, and on
each July 1 thereafter, the Director shall receive an increase
in salary based on a cost of living adjustment as authorized by
Senate Joint Resolution 192 of the 86th General Assembly. The
Director, in accord with the Personnel Code, shall employ and
direct such personnel, and shall provide for such laboratory
and other facilities, as may be necessary to carry out the
purposes of this Act. In addition, the Director may by
agreement secure such services as he or she may deem necessary
from any other department, agency, or unit of the State
Government, and may employ and compensate such consultants and
technical assistants as may be required.
(b) The Agency shall have the duty to collect and
disseminate such information, acquire such technical data, and
conduct such experiments as may be required to carry out the
purposes of this Act, including ascertainment of the quantity


and nature of discharges from any contaminant source and data
on those sources, and to operate and arrange for the operation
of devices for the monitoring of environmental quality.
(c) The Agency shall have authority to conduct a program
of continuing surveillance and of regular or periodic
inspection of actual or potential contaminant or noise
sources, of public water supplies, and of refuse disposal
sites.
(d) In accordance with constitutional limitations, the
Agency shall have authority to enter at all reasonable times
upon any private or public property for the purpose of:
(1) Inspecting and investigating to ascertain possible
violations of this Act, any rule or regulation adopted
under this Act, any permit or term or condition of a
permit, or any Board order; or
(2) In accordance with the provisions of this Act,
taking whatever preventive or corrective action, including
but not limited to removal or remedial action, that is
necessary or appropriate whenever there is a release or a
substantial threat of a release of (A) a hazardous
substance or pesticide or (B) petroleum from an
underground storage tank.
(e) The Agency shall have the duty to investigate
violations of this Act, any rule or regulation adopted under
this Act, any permit or term or condition of a permit, or any
Board order; to issue administrative citations as provided in


Section 31.1 of this Act; and to take such summary enforcement
action as is provided for by Section 34 of this Act.
(f) The Agency shall appear before the Board in any
hearing upon a petition for variance or time-limited water
quality standard, the denial of a permit, or the validity or
effect of a rule or regulation of the Board, and shall have the
authority to appear before the Board in any hearing under the
Act.
(g) The Agency shall have the duty to administer, in
accord with Title X of this Act, such permit and certification
systems as may be established by this Act or by regulations
adopted thereunder. The Agency may enter into written
delegation agreements with any department, agency, or unit of
State or local government under which all or portions of this
duty may be delegated for public water supply storage and
transport systems, sewage collection and transport systems,
air pollution control sources with uncontrolled emissions of
100 tons per year or less and application of algicides to
waters of the State. Such delegation agreements will require
that the work to be performed thereunder will be in accordance
with Agency criteria, subject to Agency review, and shall
include such financial and program auditing by the Agency as
may be required.
(h) The Agency shall have authority to require the
submission of complete plans and specifications from any
applicant for a permit required by this Act or by regulations


thereunder, and to require the submission of such reports
regarding actual or potential violations of this Act, any rule
or regulation adopted under this Act, any permit or term or
condition of a permit, or any Board order, as may be necessary
for the purposes of this Act.
(i) The Agency shall have authority to make
recommendations to the Board for the adoption of regulations
under Title VII of the Act.
(j) The Agency shall have the duty to represent the State
of Illinois in any and all matters pertaining to plans,
procedures, or negotiations for interstate compacts or other
governmental arrangements relating to environmental
protection.
(k) The Agency shall have the authority to accept,
receive, and administer on behalf of the State any grants,
gifts, loans, indirect cost reimbursements, or other funds
made available to the State from any source for purposes of
this Act or for air or water pollution control, public water
supply, solid waste disposal, noise abatement, or other
environmental protection activities, surveys, or programs. Any
federal funds received by the Agency pursuant to this
subsection shall be deposited in a trust fund with the State
Treasurer and held and disbursed by him in accordance with
Treasurer as Custodian of Funds Act, provided that such monies
shall be used only for the purposes for which they are
contributed and any balance remaining shall be returned to the


contributor.
The Agency is authorized to promulgate such regulations
and enter into such contracts as it may deem necessary for
carrying out the provisions of this subsection.
(l) The Agency is hereby designated as water pollution
agency for the state for all purposes of the Federal Water
Pollution Control Act, as amended; as implementing agency for
the State for all purposes of the Safe Drinking Water Act,
Public Law 93-523, as now or hereafter amended, except Section
1425 of that Act; as air pollution agency for the state for all
purposes of the Clean Air Act of 1970, Public Law 91-604,
approved December 31, 1970, as amended; and as solid waste
agency for the state for all purposes of the Solid Waste
Disposal Act, Public Law 89-272, approved October 20, 1965,
and amended by the Resource Recovery Act of 1970, Public Law
91-512, approved October 26, 1970, as amended, and amended by
the Resource Conservation and Recovery Act of 1976, (P.L.
94-580) approved October 21, 1976, as amended; as noise
control agency for the state for all purposes of the Noise
Control Act of 1972, Public Law 92-574, approved October 27,
1972, as amended; and as implementing agency for the State for
all purposes of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (P.L. 96-510), as
amended; and otherwise as pollution control agency for the
State pursuant to federal laws integrated with the foregoing
laws, for financing purposes or otherwise. The Agency is


hereby authorized to take all action necessary or appropriate
to secure to the State the benefits of such federal Acts,
provided that the Agency shall transmit to the United States
without change any standards adopted by the Pollution Control
Board pursuant to Section 5(c) of this Act. This subsection
(l) of Section 4 shall not be construed to bar or prohibit the
Environmental Protection Trust Fund Commission from accepting,
receiving, and administering on behalf of the State any
grants, gifts, loans or other funds for which the Commission
is eligible pursuant to the Environmental Protection Trust
Fund Act. The Agency is hereby designated as the State agency
for all purposes of administering the requirements of Section
313 of the federal Emergency Planning and Community
Right-to-Know Act of 1986.
Any municipality, sanitary district, or other political
subdivision, or any Agency of the State or interstate Agency,
which makes application for loans or grants under such federal
Acts shall notify the Agency of such application; the Agency
may participate in proceedings under such federal Acts.
(m) The Agency shall have authority, consistent with
Section 5(c) and other provisions of this Act, and for
purposes of Section 303(e) of the Federal Water Pollution
Control Act, as now or hereafter amended, to engage in
planning processes and activities and to develop plans in
cooperation with units of local government, state agencies and
officers, and other appropriate persons in connection with the


jurisdiction or duties of each such unit, agency, officer or
person. Public hearings shall be held on the planning process,
at which any person shall be permitted to appear and be heard,
pursuant to procedural regulations promulgated by the Agency.
(n) In accordance with the powers conferred upon the
Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act,
the Agency shall have authority to establish and enforce
minimum standards for the operation of laboratories relating
to analyses and laboratory tests for air pollution, water
pollution, noise emissions, contaminant discharges onto land
and sanitary, chemical, and mineral quality of water
distributed by a public water supply. The Agency may enter
into formal working agreements with other departments or
agencies of state government under which all or portions of
this authority may be delegated to the cooperating department
or agency.
(o) The Agency shall have the authority to issue
certificates of competency to persons and laboratories meeting
the minimum standards established by the Agency in accordance
with Section 4(n) of this Act and to promulgate and enforce
regulations relevant to the issuance and use of such
certificates. The Agency may enter into formal working
agreements with other departments or agencies of state
government under which all or portions of this authority may
be delegated to the cooperating department or agency.
(p) Except as provided in Section 17.7, the Agency shall


have the duty to analyze samples as required from each public
water supply to determine compliance with the contaminant
levels specified by the Pollution Control Board. The maximum
number of samples which the Agency shall be required to
analyze for microbiological quality shall be 6 per month, but
the Agency may, at its option, analyze a larger number each
month for any supply. Results of sample analyses for
additional required bacteriological testing, turbidity,
residual chlorine and radionuclides are to be provided to the
Agency in accordance with Section 19. Owners of water supplies
may enter into agreements with the Agency to provide for
reduced Agency participation in sample analyses.
(q) The Agency shall have the authority to provide notice
to any person who may be liable pursuant to Section 22.2(f) of
this Act for a release or a substantial threat of a release of
a hazardous substance or pesticide. Such notice shall include
the identified response action and an opportunity for such
person to perform the response action.
(r) The Agency may enter into written delegation
agreements with any unit of local government under which it
may delegate all or portions of its inspecting, investigating
and enforcement functions. Such delegation agreements shall
require that work performed thereunder be in accordance with
Agency criteria and subject to Agency review. Notwithstanding
any other provision of law to the contrary, no unit of local
government shall be liable for any injury resulting from the


exercise of its authority pursuant to such a delegation
agreement unless the injury is proximately caused by the
willful and wanton negligence of an agent or employee of the
unit of local government, and any policy of insurance coverage
issued to a unit of local government may provide for the denial
of liability and the nonpayment of claims based upon injuries
for which the unit of local government is not liable pursuant
to this subsection (r).
(s) The Agency shall have authority to take whatever
preventive or corrective action is necessary or appropriate,
including but not limited to expenditure of monies
appropriated from the Build Illinois Bond Fund for removal or
remedial action, whenever any hazardous substance or pesticide
is released or there is a substantial threat of such a release
into the environment. The State, the Director, and any State
employee shall be indemnified for any damages or injury
arising out of or resulting from any action taken under this
subsection. The Director of the Agency is authorized to enter
into such contracts and agreements as are necessary to carry
out the Agency's duties under this subsection.
(t) The Agency shall have authority to distribute grants,
subject to appropriation by the General Assembly, to units of
local government for financing and construction of wastewater
facilities in both incorporated and unincorporated areas. With
respect to all monies appropriated from the Build Illinois
Bond Fund for wastewater facility grants, the Agency shall


make distributions in conformity with the rules and
regulations established pursuant to the Anti-Pollution Bond
Act (now repealed) or the General Obligation Bond Act , as now
or hereafter amended.
(u) Pursuant to the Illinois Administrative Procedure Act,
the Agency shall have the authority to adopt such rules as are
necessary or appropriate for the Agency to implement Section
31.1 of this Act.
(v) (Blank.)
(w) Neither the State, nor the Director, nor the Board,
nor any State employee shall be liable for any damages or
injury arising out of or resulting from any action taken under
subsection (s).
(x)(1) The Agency shall have authority to distribute
grants, subject to appropriation by the General Assembly, to
units of local government for financing and construction of
public water supply facilities. With respect to all monies
appropriated from the Build Illinois Bond Fund for public
water supply grants, such grants shall be made in accordance
with rules promulgated by the Agency. Such rules shall include
a requirement for a local match of 30% of the total project
cost for projects funded through such grants.
(2) The Agency shall not terminate a grant to a unit of
local government for the financing and construction of public
water supply facilities unless and until the Agency adopts
rules that set forth precise and complete standards, pursuant


to Section 5-20 of the Illinois Administrative Procedure Act,
for the termination of such grants. The Agency shall not make
determinations on whether specific grant conditions are
necessary to ensure the integrity of a project or on whether
subagreements shall be awarded, with respect to grants for the
financing and construction of public water supply facilities,
unless and until the Agency adopts rules that set forth
precise and complete standards, pursuant to Section 5-20 of
the Illinois Administrative Procedure Act, for making such
determinations. The Agency shall not issue a stop-work order
in relation to such grants unless and until the Agency adopts
precise and complete standards, pursuant to Section 5-20 of
the Illinois Administrative Procedure Act, for determining
whether to issue a stop-work order.
(y) The Agency shall have authority to release any person
from further responsibility for preventive or corrective
action under this Act following successful completion of
preventive or corrective action undertaken by such person upon
written request by the person.
(z) To the extent permitted by any applicable federal law
or regulation, for all work performed for State construction
projects which are funded in whole or in part by a capital
infrastructure bill enacted by the 96th General Assembly by
sums appropriated to the Environmental Protection Agency, at
least 50% of the total labor hours must be performed by actual
residents of the State of Illinois. For purposes of this


subsection, "actual residents of the State of Illinois" means
persons domiciled in the State of Illinois. The Department of
Labor shall promulgate rules providing for the enforcement of
this subsection.
(aa) The Agency may adopt rules requiring the electronic
submission of any information required to be submitted to the
Agency pursuant to any State or federal law or regulation or
any court or Board order. Any rules adopted under this
subsection (aa) must include, but are not limited to,
identification of the information to be submitted
electronically.
(Source: P.A. 102-1071, eff. 6-10-22; 102-1115, eff. 1-9-23.)
Section 15-70. The Illinois Highway Code is amended by
changing Section 3-107 as follows:
(605 ILCS 5/3-107) (from Ch. 121, par. 3-107)
Sec. 3-107. Whenever in the judgment of the Department it
is necessary as an incident to the construction of a project on
the National System of Interstate and Defense Highways,
including extensions thereof within urban areas, or any State
highway constructed under the provisions of Section 2 of the
"Transportation Bond Act (now repealed) or Section 4 of the
General Obligation Bond Act ", approved July 2, 1971, as now or
hereafter amended, to relocate utility facilities, wherever
located and whenever constructed, the cost of such relocation


may be deemed to be one of the costs of constructing such
project and the Department may, on behalf of the State, pay
such costs. For the purposes of this Section, the term
"utility" includes publicly, municipally, privately, and
cooperatively owned utilities; the term "cost of such
relocation" includes the entire amount paid by such utility
properly attributable to such relocation after deducting
therefrom any increase in the value of the new facility and any
salvage value derived from the old facility; and the term
"National System of Interstate and Defense Highways" includes
any highway which now is or shall hereafter be a part of the
National System of Interstate and Defense Highways, as
provided in the Federal Aid Highway Act of 1956, and any acts
supplemental thereto or amendatory thereof.
(Source: P.A. 77-2752.)
Article 99.
Section 99-99. Effective date. This Act takes effect upon
becoming law.
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