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Illinois House Bill HB5601

Illinois 2023-2024 Regular Session

Illinois House Bill HB5601 Compare Versions

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1-Public Act 103-0616
21 HB5601 EnrolledLRB103 38592 MXP 68728 b HB5601 Enrolled LRB103 38592 MXP 68728 b
32 HB5601 Enrolled LRB103 38592 MXP 68728 b
4-AN ACT concerning State government.
5-Be it enacted by the People of the State of Illinois,
6-represented in the General Assembly:
7-Article 5.
8-Section 5-5. The State Employees Group Insurance Act of
9-1971 is amended by changing Section 11 as follows:
10-(5 ILCS 375/11) (from Ch. 127, par. 531)
11-Sec. 11. The amount of contribution in any fiscal year
12-from funds other than the General Revenue Fund or the Road Fund
13-shall be at the same contribution rate as the General Revenue
14-Fund or the Road Fund except that, in State Fiscal Year 2009,
15-no contributions shall be required from the FY09 Budget Relief
16-Fund. Contributions and payments for life insurance shall be
17-deposited in the Group Insurance Premium Fund. Contributions
18-and payments for health coverages and other benefits shall be
19-deposited in the Health Insurance Reserve Fund. Federal funds
20-which are available for cooperative extension purposes shall
21-also be charged for the contributions which are made for
22-retired employees formerly employed in the Cooperative
23-Extension Service. In the case of departments or any division
24-thereof receiving a fraction of its requirements for
25-administration from the Federal Government, the contributions
3+1 AN ACT concerning State government.
4+2 Be it enacted by the People of the State of Illinois,
5+3 represented in the General Assembly:
6+4 Article 5.
7+5 Section 5-5. The State Employees Group Insurance Act of
8+6 1971 is amended by changing Section 11 as follows:
9+7 (5 ILCS 375/11) (from Ch. 127, par. 531)
10+8 Sec. 11. The amount of contribution in any fiscal year
11+9 from funds other than the General Revenue Fund or the Road Fund
12+10 shall be at the same contribution rate as the General Revenue
13+11 Fund or the Road Fund except that, in State Fiscal Year 2009,
14+12 no contributions shall be required from the FY09 Budget Relief
15+13 Fund. Contributions and payments for life insurance shall be
16+14 deposited in the Group Insurance Premium Fund. Contributions
17+15 and payments for health coverages and other benefits shall be
18+16 deposited in the Health Insurance Reserve Fund. Federal funds
19+17 which are available for cooperative extension purposes shall
20+18 also be charged for the contributions which are made for
21+19 retired employees formerly employed in the Cooperative
22+20 Extension Service. In the case of departments or any division
23+21 thereof receiving a fraction of its requirements for
24+22 administration from the Federal Government, the contributions
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32-hereunder shall be such fraction of the amount determined
33-under the provisions hereof and the remainder shall be
34-contributed by the State.
35-Every department which has members paid from funds other
36-than the General Revenue Fund shall cooperate with the
37-Department of Central Management Services and the Governor's
38-Office of Management and Budget in order to assure that the
39-specified proportion of the State's cost for group life
40-insurance, the program of health benefits and other employee
41-benefits is paid by such funds; except that contributions
42-under this Act need not be paid from any other fund where both
43-the Director of Central Management Services and the Director
44-of the Governor's Office of Management and Budget have
45-designated in writing that the necessary contributions are
46-included in the General Revenue Fund contribution amount.
47-Universities having employees who are compensated out of
48-the following funds or sources are not required to submit the
49-contribution described in this Section for such employees:
50-(1) income funds, as described in Sections 6a-1,
51-6a-1a, 6a-1b, 6a-1c, 6a-1d, 6a-1e, 6a-1f, 6a-1g, and 6d of
52-the State Finance Act, including tuition, laboratory, and
53-library fees and any interest earned on those fees;
54-(2) local auxiliary funds, as described in the
55-Legislative Audit Commission's University Guidelines, as
56-published on November 17, 2020, including the following:
57-(i) funds from auxiliary enterprises, which are
58-
59-
60-operations that support the overall objectives of the
61-university but are not directly related to
62-instruction, research, or service organizational
63-units;
64-(ii) funds from auxiliary activities, which are
65-functions that are self-supporting, in whole or in
66-part, and are directly related to instruction,
67-research, or service units;
68-(3) the Agricultural Premium Fund as established by
69-Section 5.01 of the State Finance Act;
70-(4) appropriations from the General Revenue Fund,
71-Education Assistance Fund, or other State appropriations
72-that are made for the purposes of instruction, research,
73-public service, or economic development;
74-(5) funds to the University of Illinois Hospital for
75-health care professional services that are performed by
76-University of Illinois faculty or University of Illinois
77-health care programs established under the University of
78-Illinois Hospital Act; or
79-(6) funds designated for the Cooperative Extension
80-Service, as defined in Section 3 of the County Cooperative
81-Extension Law.
82-If an employee of a university is partially compensated
83-from the funds or sources of funds identified in paragraphs
84-(1) through (6) above, universities shall be required to
85-submit a pro rata contribution for the portion of the
86-
87-
88-employee's compensation that is derived out of funds or
89-sources other than those identified in paragraphs (1) through
90-(6) above.
91-The Department of Central Management Services may conduct
92-a post-payment review of university reimbursements to assess
93-or address any discrepancies. Universities shall cooperate
94-with the Department of Central Management Services during any
95-post-payment review, that may require universities to provide
96-documentation to support payment calculations or funding
97-sources used for calculating reimbursements. The Department of
98-Central Management Services reserves the right to reconcile
99-any discrepancies in reimbursement subtotals or total
100-obligations and to notify universities of all final
101-reconciliations, which shall include the Department of Central
102-Management Services calculations and the amount of any credits
103-or obligations that may be due.
104-For each employee of the Illinois Toll Highway Authority
105-covered under this Act whose eligibility for such coverage is
106-as an annuitant, the Authority shall annually contribute an
107-amount, as determined by the Director of the Department of
108-Central Management Services, that represents the average
109-employer's share of the cost of retiree coverage per
110-participating employee in the State Employees Group Insurance
111-Program.
112-(Source: P.A. 102-1071, eff. 6-10-22; 102-1115, eff. 1-9-23.)
113-
114-
115-Section 5-10. The Illinois Act on the Aging is amended by
116-changing Section 4.01 as follows:
117-(20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
118-Sec. 4.01. Additional powers and duties of the Department.
119-In addition to powers and duties otherwise provided by law,
120-the Department shall have the following powers and duties:
121-(1) To evaluate all programs, services, and facilities for
122-the aged and for minority senior citizens within the State and
123-determine the extent to which present public or private
124-programs, services and facilities meet the needs of the aged.
125-(2) To coordinate and evaluate all programs, services, and
126-facilities for the Aging and for minority senior citizens
127-presently furnished by State agencies and make appropriate
128-recommendations regarding such services, programs and
129-facilities to the Governor and/or the General Assembly.
130-(2-a) To request, receive, and share information
131-electronically through the use of data-sharing agreements for
132-the purpose of (i) establishing and verifying the initial and
133-continuing eligibility of older adults to participate in
134-programs administered by the Department; (ii) maximizing
135-federal financial participation in State assistance
136-expenditures; and (iii) investigating allegations of fraud or
137-other abuse of publicly funded benefits. Notwithstanding any
138-other law to the contrary, but only for the limited purposes
139-identified in the preceding sentence, this paragraph (2-a)
140-
141-
142-expressly authorizes the exchanges of income, identification,
143-and other pertinent eligibility information by and among the
144-Department and the Social Security Administration, the
145-Department of Employment Security, the Department of
146-Healthcare and Family Services, the Department of Human
147-Services, the Department of Revenue, the Secretary of State,
148-the U.S. Department of Veterans Affairs, and any other
149-governmental entity. The confidentiality of information
150-otherwise shall be maintained as required by law. In addition,
151-the Department on Aging shall verify employment information at
152-the request of a community care provider for the purpose of
153-ensuring program integrity under the Community Care Program.
154-(3) To function as the sole State agency to develop a
155-comprehensive plan to meet the needs of the State's senior
156-citizens and the State's minority senior citizens.
157-(4) To receive and disburse State and federal funds made
158-available directly to the Department including those funds
159-made available under the Older Americans Act and the Senior
160-Community Service Employment Program for providing services
161-for senior citizens and minority senior citizens or for
162-purposes related thereto, and shall develop and administer any
163-State Plan for the Aging required by federal law.
164-(5) To solicit, accept, hold, and administer in behalf of
165-the State any grants or legacies of money, securities, or
166-property to the State of Illinois for services to senior
167-citizens and minority senior citizens or purposes related
168-
169-
170-thereto.
171-(6) To provide consultation and assistance to communities,
172-area agencies on aging, and groups developing local services
173-for senior citizens and minority senior citizens.
174-(7) To promote community education regarding the problems
175-of senior citizens and minority senior citizens through
176-institutes, publications, radio, television and the local
177-press.
178-(8) To cooperate with agencies of the federal government
179-in studies and conferences designed to examine the needs of
180-senior citizens and minority senior citizens and to prepare
181-programs and facilities to meet those needs.
182-(9) To establish and maintain information and referral
183-sources throughout the State when not provided by other
184-agencies.
185-(10) To provide the staff support that may reasonably be
186-required by the Council.
187-(11) To make and enforce rules and regulations necessary
188-and proper to the performance of its duties.
189-(12) To establish and fund programs or projects or
190-experimental facilities that are specially designed as
191-alternatives to institutional care.
192-(13) To develop a training program to train the counselors
193-presently employed by the Department's aging network to
194-provide Medicare beneficiaries with counseling and advocacy in
195-Medicare, private health insurance, and related health care
196-
197-
198-coverage plans. The Department shall report to the General
199-Assembly on the implementation of the training program on or
200-before December 1, 1986.
201-(14) To make a grant to an institution of higher learning
202-to study the feasibility of establishing and implementing an
203-affirmative action employment plan for the recruitment,
204-hiring, training and retraining of persons 60 or more years
205-old for jobs for which their employment would not be precluded
206-by law.
207-(15) To present one award annually in each of the
208-categories of community service, education, the performance
209-and graphic arts, and the labor force to outstanding Illinois
210-senior citizens and minority senior citizens in recognition of
211-their individual contributions to either community service,
212-education, the performance and graphic arts, or the labor
213-force. The awards shall be presented to 4 senior citizens and
214-minority senior citizens selected from a list of 44 nominees
215-compiled annually by the Department. Nominations shall be
216-solicited from senior citizens' service providers, area
217-agencies on aging, senior citizens' centers, and senior
218-citizens' organizations. The Department shall establish a
219-central location within the State to be designated as the
220-Senior Illinoisans Hall of Fame for the public display of all
221-the annual awards, or replicas thereof.
222-(16) To establish multipurpose senior centers through area
223-agencies on aging and to fund those new and existing
224-
225-
226-multipurpose senior centers through area agencies on aging,
227-the establishment and funding to begin in such areas of the
228-State as the Department shall designate by rule and as
229-specifically appropriated funds become available.
230-(17) (Blank).
231-(18) To develop a pamphlet in English and Spanish which
232-may be used by physicians licensed to practice medicine in all
233-of its branches pursuant to the Medical Practice Act of 1987,
234-pharmacists licensed pursuant to the Pharmacy Practice Act,
235-and Illinois residents 65 years of age or older for the purpose
236-of assisting physicians, pharmacists, and patients in
237-monitoring prescriptions provided by various physicians and to
238-aid persons 65 years of age or older in complying with
239-directions for proper use of pharmaceutical prescriptions. The
240-pamphlet may provide space for recording information including
241-but not limited to the following:
242-(a) name and telephone number of the patient;
243-(b) name and telephone number of the prescribing
244-physician;
245-(c) date of prescription;
246-(d) name of drug prescribed;
247-(e) directions for patient compliance; and
248-(f) name and telephone number of dispensing pharmacy.
249-In developing the pamphlet, the Department shall consult
250-with the Illinois State Medical Society, the Center for
251-Minority Health Services, the Illinois Pharmacists Association
252-
253-
254-and senior citizens organizations. The Department shall
255-distribute the pamphlets to physicians, pharmacists and
256-persons 65 years of age or older or various senior citizen
257-organizations throughout the State.
258-(19) To conduct a study of the feasibility of implementing
259-the Senior Companion Program throughout the State.
260-(20) The reimbursement rates paid through the community
261-care program for chore housekeeping services and home care
262-aides shall be the same.
263-(21) (Blank). From funds appropriated to the Department
264-from the Meals on Wheels Fund, a special fund in the State
265-treasury that is hereby created, and in accordance with State
266-and federal guidelines and the intrastate funding formula, to
267-make grants to area agencies on aging, designated by the
268-Department, for the sole purpose of delivering meals to
269-homebound persons 60 years of age and older.
270-(22) To distribute, through its area agencies on aging,
271-information alerting seniors on safety issues regarding
272-emergency weather conditions, including extreme heat and cold,
273-flooding, tornadoes, electrical storms, and other severe storm
274-weather. The information shall include all necessary
275-instructions for safety and all emergency telephone numbers of
276-organizations that will provide additional information and
277-assistance.
278-(23) To develop guidelines for the organization and
279-implementation of Volunteer Services Credit Programs to be
280-
281-
282-administered by Area Agencies on Aging or community based
283-senior service organizations. The Department shall hold public
284-hearings on the proposed guidelines for public comment,
285-suggestion, and determination of public interest. The
286-guidelines shall be based on the findings of other states and
287-of community organizations in Illinois that are currently
288-operating volunteer services credit programs or demonstration
289-volunteer services credit programs. The Department shall offer
290-guidelines for all aspects of the programs including, but not
291-limited to, the following:
292-(a) types of services to be offered by volunteers;
293-(b) types of services to be received upon the
294-redemption of service credits;
295-(c) issues of liability for the volunteers and the
296-administering organizations;
297-(d) methods of tracking service credits earned and
298-service credits redeemed;
299-(e) issues of time limits for redemption of service
300-credits;
301-(f) methods of recruitment of volunteers;
302-(g) utilization of community volunteers, community
303-service groups, and other resources for delivering
304-services to be received by service credit program clients;
305-(h) accountability and assurance that services will be
306-available to individuals who have earned service credits;
307-and
308-
309-
310-(i) volunteer screening and qualifications.
311-The Department shall submit a written copy of the guidelines
312-to the General Assembly by July 1, 1998.
313-(24) To function as the sole State agency to receive and
314-disburse State and federal funds for providing adult
315-protective services in a domestic living situation in
316-accordance with the Adult Protective Services Act.
317-(25) To hold conferences, trainings, and other programs
318-for which the Department shall determine by rule a reasonable
319-fee to cover related administrative costs. Rules to implement
320-the fee authority granted by this paragraph (25) must be
321-adopted in accordance with all provisions of the Illinois
322-Administrative Procedure Act and all rules and procedures of
323-the Joint Committee on Administrative Rules; any purported
324-rule not so adopted, for whatever reason, is unauthorized.
325-(Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380,
326-eff. 8-16-13; 98-756, eff. 7-16-14; 99-331, eff. 1-1-16.)
327-Section 5-15. The Renewable Energy, Energy Efficiency, and
328-Coal Resources Development Law of 1997 is amended by changing
329-Section 6-3 as follows:
330-(20 ILCS 687/6-3)
331-(Section scheduled to be repealed on December 31, 2025)
332-Sec. 6-3. Renewable energy resources program.
333-(a) The Environmental Protection Agency, to be called the
334-
335-
336-"Agency" hereinafter in this Law, shall administer the
337-Renewable Energy Resources Program to provide grants, loans,
338-and other incentives to foster investment in and the
339-development and use of renewable energy resources.
340-(b) The Agency may, by administrative rule, establish and
341-adjust eligibility criteria for grants, loans, and other
342-incentives to foster investment in and the development and use
343-of renewable energy resources. The criteria should promote the
344-goal of fostering investment in and the development and use,
345-in Illinois, of renewable energy resources.
346-(c) The Agency may accept applications for grants, loans,
347-and other incentives to foster investment in and the
348-development and use of renewable energy resources.
349-(d) To the extent that funds are available and
350-appropriated, the Agency shall provide grants, loans, and
351-other incentives to applicants that meet the criteria
352-specified by the Agency.
353-(e) (Blank).
354-(f) As used in this Law, "renewable energy resources"
355-includes energy from wind, solar thermal energy, photovoltaic
356-cells and panels, dedicated crops grown for energy production
357-and organic waste biomass, hydropower that does not involve
358-new construction or significant expansion of hydropower dams,
359-and other such alternative sources of environmentally
360-preferable energy. "Renewable energy resources" does not
361-include, however, energy from the incineration or burning of
362-
363-
364-waste wood, tires, garbage, general household, institutional
365-and commercial waste, industrial lunchroom or office waste,
366-landscape waste, or construction or demolition debris.
367-(g) (Blank). There is created the Energy Efficiency
368-Investment Fund as a special fund in the State Treasury, to be
369-administered by the Agency to support the development of
370-technologies for wind, biomass, and solar power in Illinois.
371-The Agency may accept private and public funds, including
372-federal funds, for deposit into the Fund.
373-(Source: P.A. 102-444, eff. 8-20-21.)
374-(20 ILCS 1135/Act rep.)
375-Section 5-20. The Superconducting Super Collider Act is
376-repealed.
377-Section 5-25. The Illinois Commission on Volunteerism and
378-Community Service Act is amended by changing Section 4.5 as
379-follows:
380-(20 ILCS 1345/4.5)
381-Sec. 4.5. Serve Illinois Commission Fund; creation. The
382-Serve Illinois Commission Fund is created as a special fund in
383-the State treasury. All federal grant moneys awarded in
384-support of the activities authorized under this Act to the
385-Department of Human Services or the Commission may be
386-deposited into the Serve Illinois Commission Fund. In addition
387-
388-
389-to federal grant moneys, the Department and the Commission may
390-accept and deposit into the Serve Illinois Commission Fund any
391-other funds, grants, gifts, and bequests from any source,
392-public or private, in support of the activities authorized
393-under this Act. Appropriations from the Serve Illinois
394-Commission Fund shall be used for operations, grants, and
395-other purposes as authorized by this Act. Upon written
396-notification by the Secretary of Human Services, the State
397-Comptroller shall direct and the State Treasurer shall
398-transfer any remaining balance in the Federal National
399-Community Services Grant Fund to the Serve Illinois Commission
400-Fund.
401-(Source: P.A. 102-699, eff. 4-19-22.)
402-Section 5-30. The Mental Health and Developmental
403-Disabilities Administrative Act is amended by changing
404-Sections 18.4 and 18.5 as follows:
405-(20 ILCS 1705/18.4)
406-Sec. 18.4. Community Mental Health Medicaid Trust Fund;
407-reimbursement.
408-(a) The Community Mental Health Medicaid Trust Fund is
409-hereby created in the State Treasury.
410-(b) Amounts paid to the State during each State fiscal
411-year by the federal government under Title XIX or Title XXI of
412-the Social Security Act for services delivered by community
413-
414-
415-mental health providers, and any interest earned thereon,
416-shall be deposited 100% into the Community Mental Health
417-Medicaid Trust Fund. Not more than $4,500,000 of the Community
418-Mental Health Medicaid Trust Fund may be used by the
419-Department of Human Services' Division of Mental Health for
420-oversight and administration of community mental health
421-services, and of that amount no more than $1,000,000 may be
422-used for the support of community mental health service
423-initiatives. The remainder shall be used for the purchase of
424-community mental health services.
425-(b-5) Whenever a State mental health facility operated by
426-the Department is closed and the real estate on which the
427-facility is located is sold by the State, the net proceeds of
428-the sale of the real estate shall be deposited into the
429-Community Mental Health Medicaid Trust Fund and used for the
430-purposes enumerated in subsections (c) and (c-1) of Section
431-4.6 of the Community Services Act; however, under subsection
432-(e) of Section 4.6 of the Community Services Act, the
433-Department may set aside a portion of the net proceeds of the
434-sale of the real estate for deposit into the Human Services
435-Priority Capital Program Fund. The portion set aside shall be
436-used for the purposes enumerated in Section 6z-71 of the State
437-Finance Act.
438-(c) The Department shall reimburse community mental health
439-providers for services provided to eligible individuals.
440-Moneys in the Trust Fund may be used for that purpose.
441-
442-
443-(c-5) The Community Mental Health Medicaid Trust Fund is
444-not subject to administrative charge-backs.
445-(c-10) The Department of Human Services shall annually
446-report to the Governor and the General Assembly, by September
447-1, on both the total revenue deposited into the Trust Fund and
448-the total expenditures made from the Trust Fund for the
449-previous fiscal year. This report shall include detailed
450-descriptions of both revenues and expenditures regarding the
451-Trust Fund from the previous fiscal year. This report shall be
452-presented by the Secretary of Human Services to the
453-appropriate Appropriations Committee in the House of
454-Representatives, as determined by the Speaker of the House,
455-and in the Senate, as determined by the President of the
456-Senate. This report shall be made available to the public and
457-shall be published on the Department of Human Services'
458-website in an appropriate location, a minimum of one week
459-prior to presentation of the report to the General Assembly.
460-(d) As used in this Section:
461-"Trust Fund" means the Community Mental Health Medicaid
462-Trust Fund.
463-"Community mental health provider" means a community
464-agency that is funded by the Department to provide a service.
465-"Service" means a mental health service provided pursuant
466-to the provisions of administrative rules adopted by the
467-Department and funded by or claimed through the Department of
468-Human Services' Division of Mental Health.
469-
470-
471-(Source: P.A. 97-333, eff. 8-12-11; 98-815, eff. 8-1-14.)
472-(20 ILCS 1705/18.5)
473-Sec. 18.5. Community Developmental Disability Services
474-Medicaid Trust Fund; reimbursement.
475-(a) The Community Developmental Disability Services
476-Medicaid Trust Fund is hereby created in the State treasury.
477-(b) Beginning in State fiscal year 2019, funds in any
478-fiscal year in amounts not exceeding a total of $60,000,000
479-paid to the State by the federal government under Title XIX or
480-Title XXI of the Social Security Act for services delivered by
481-community developmental disability services providers shall be
482-deposited into the Community Developmental Disability Services
483-Medicaid Trust Fund to pay for Medicaid-reimbursed community
484-developmental disability services provided to eligible
485-individuals.
486-(b-5) (Blank).
487-(b-7) The Community Developmental Disability Services
488-Medicaid Trust Fund is not subject to administrative
489-charge-backs.
490-(b-9) (Blank).
491-(b-10) Whenever a State developmental disabilities
492-facility operated by the Department is closed and the real
493-estate on which the facility is located is sold by the State,
494-the net proceeds of the sale of the real estate shall be
495-deposited into the Community Developmental Disability Services
496-
497-
498-Medicaid Trust Fund and used for the purposes enumerated in
499-subsections (c) and (d) of Section 4.6 of the Community
500-Services Act; however, under subsection (e) of Section 4.6 of
501-the Community Services Act, the Department may set aside a
502-portion of the net proceeds of the sale of the real estate for
503-deposit into the Human Services Priority Capital Program Fund.
504-The portion set aside shall be used for the purposes
505-enumerated in Section 6z-71 of the State Finance Act.
506-(c) For purposes of this Section:
507-"Trust Fund" means the Community Developmental Disability
508-Services Medicaid Trust Fund.
509-"Medicaid-reimbursed developmental disability services"
510-means services provided by a community developmental
511-disability provider under an agreement with the Department
512-that is eligible for reimbursement under the federal Title XIX
513-program or Title XXI program.
514-"Provider" means a qualified entity as defined in the
515-State's Home and Community-Based Services Waiver for Persons
516-with Developmental Disabilities that is funded by the
517-Department to provide a Medicaid-reimbursed service.
518-(Source: P.A. 100-587, eff. 6-4-18.)
519-Section 5-35. The State Fire Marshal Act is amended by
520-changing Section 2.7 as follows:
521-(20 ILCS 2905/2.7)
522-
523-
524-Sec. 2.7. Small Fire-fighting and Ambulance Service
525-Equipment Grant Program.
526-(a) The Office shall establish and administer a Small
527-Fire-fighting and Ambulance Service Equipment Grant Program to
528-award grants to fire departments, fire protection districts,
529-and volunteer, non-profit, stand alone ambulance services for
530-the purchase of small fire-fighting and ambulance equipment.
531-(b) (Blank).
532-(b-1) (Blank). The Fire Service and Small Equipment Fund
533-is dissolved. Any moneys remaining in the Fund on the
534-effective date of this amendatory Act of the 97th General
535-Assembly shall be transferred to the Fire Prevention Fund.
536-(c) As used in this Section, "small fire-fighting and
537-ambulance equipment" includes, without limitation, turnout
538-gear, air packs, thermal imaging cameras, jaws of life,
539-defibrillators, communications equipment, including but not
540-limited to pagers and radios, and other fire-fighting or life
541-saving equipment, as determined by the State Fire Marshal.
542-(d) The Office shall adopt any rules necessary for the
543-implementation and administration of this Section.
544-(Source: P.A. 96-386, eff. 8-13-09; 97-901, eff. 1-1-13.)
545-Section 5-40. The Historic Preservation Act is amended by
546-changing Section 16 as follows:
547-(20 ILCS 3405/16) (from Ch. 127, par. 2716)
548-
549-
550-Sec. 16. The Department shall have the following
551-additional powers:
552-(a) To hire agents and employees necessary to carry
553-out the duties and purposes of this Act.
554-(b) To take all measures necessary to erect, maintain,
555-preserve, restore, and conserve all State Historic Sites
556-and State Memorials, except when supervision and
557-maintenance is otherwise provided by law. This
558-authorization includes the power to enter into contracts,
559-acquire and dispose of real and personal property, and
560-enter into leases of real and personal property. The
561-Department has the power to acquire, for purposes
562-authorized by law, any real property in fee simple subject
563-to a life estate in the seller in not more than 3 acres of
564-the real property acquired, subject to the restrictions
565-that the life estate shall be used for residential
566-purposes only and that it shall be non-transferable.
567-(c) To provide recreational facilities, including
568-campsites, lodges and cabins, trails, picnic areas, and
569-related recreational facilities, at all sites under the
570-jurisdiction of the Department.
571-(d) To lay out, construct, and maintain all needful
572-roads, parking areas, paths or trails, bridges, camp or
573-lodge sites, picnic areas, lodges and cabins, and any
574-other structures and improvements necessary and
575-appropriate in any State historic site or easement
576-
577-
578-thereto; and to provide water supplies, heat and light,
579-and sanitary facilities for the public and living quarters
580-for the custodians and keepers of State historic sites.
581-(e) To grant licenses and rights-of-way within the
582-areas controlled by the Department for the construction,
583-operation, and maintenance upon, under or across the
584-property, of facilities for water, sewage, telephone,
585-telegraph, electric, gas, or other public service, subject
586-to the terms and conditions as may be determined by the
587-Department.
588-(f) To authorize the officers, employees, and agents
589-of the Department, for the purposes of investigation and
590-to exercise the rights, powers, and duties vested and that
591-may be vested in it, to enter and cross all lands and
592-waters in this State, doing no damage to private property.
593-(g) To transfer jurisdiction of or exchange any realty
594-under the control of the Department to any other
595-Department of the State Government, or to any agency of
596-the Federal Government, or to acquire or accept Federal
597-lands, when any transfer, exchange, acquisition, or
598-acceptance is advantageous to the State and is approved in
599-writing by the Governor.
600-(h) To erect, supervise, and maintain all public
601-monuments and memorials erected by the State, except when
602-the supervision and maintenance of public monuments and
603-memorials is otherwise provided by law.
604-
605-
606-(i) To accept, hold, maintain, and administer, as
607-trustee, property given in trust for educational or
608-historic purposes for the benefit of the People of the
609-State of Illinois and to dispose of any property under the
610-terms of the instrument creating the trust.
611-(j) To lease concessions on any property under the
612-jurisdiction of the Department for a period not exceeding
613-25 years and to lease a concession complex at Lincoln's
614-New Salem State Historic Site for which a cash incentive
615-has been authorized under Section 5.1 of this Act for a
616-period not to exceed 40 years. All leases, for whatever
617-period, shall be made subject to the written approval of
618-the Governor. All concession leases extending for a period
619-in excess of 10 years, will contain provisions for the
620-Department to participate, on a percentage basis, in the
621-revenues generated by any concession operation.
622-The Department is authorized to allow for provisions
623-for a reserve account and a leasehold account within
624-Department concession lease agreements for the purpose of
625-setting aside revenues for the maintenance,
626-rehabilitation, repair, improvement, and replacement of
627-the concession facility, structure, and equipment of the
628-Department that are part of the leased premises.
629-The lessee shall be required to pay into the reserve
630-account a percentage of gross receipts, as set forth in
631-the lease, to be set aside and expended in a manner
632-
633-
634-acceptable to the Department by the concession lessee for
635-the purpose of ensuring that an appropriate amount of the
636-lessee's moneys are provided by the lessee to satisfy the
637-lessee's incurred responsibilities for the operation of
638-the concession facility under the terms and conditions of
639-the concession lease.
640-The lessee account shall allow for the amortization of
641-certain authorized expenses that are incurred by the
642-concession lessee but that are not an obligation of the
643-lessee under the terms and conditions of the lease
644-agreement. The Department may allow a reduction of up to
645-50% of the monthly rent due for the purpose of enabling the
646-recoupment of the lessee's authorized expenditures during
647-the term of the lease.
648-(k) To sell surplus agricultural products grown on
649-land owned by or under the jurisdiction of the Department,
650-when the products cannot be used by the Department.
651-(l) To enforce the laws of the State and the rules and
652-regulations of the Department in or on any lands owned,
653-leased, or managed by the Department.
654-(m) To cooperate with private organizations and
655-agencies of the State of Illinois by providing areas and
656-the use of staff personnel where feasible for the sale of
657-publications on the historic and cultural heritage of the
658-State and craft items made by Illinois craftsmen. These
659-sales shall not conflict with existing concession
660-
661-
662-agreements. The Department is authorized to negotiate with
663-the organizations and agencies for a portion of the monies
664-received from sales to be returned to the Illinois
665-Department's Historic Sites Fund for the furtherance of
666-interpretive and restoration programs.
667-(n) To establish local bank or savings and loan
668-association accounts, upon the written authorization of
669-the Director, to temporarily hold income received at any
670-of its properties. The local accounts established under
671-this Section shall be in the name of the Department and
672-shall be subject to regular audits. The balance in a local
673-bank or savings and loan association account shall be
674-forwarded to the Department for deposit with the State
675-Treasurer on Monday of each week if the amount to be
676-deposited in a fund exceeds $500.
677-No bank or savings and loan association shall receive
678-public funds as permitted by this Section, unless it has
679-complied with the requirements established under Section 6
680-of the Public Funds Investment Act.
681-(o) To accept offers of gifts, gratuities, or grants
682-from the federal government, its agencies, or offices, or
683-from any person, firm, or corporation.
684-(p) To make reasonable rules and regulations as may be
685-necessary to discharge the duties of the Department.
686-(q) With appropriate cultural organizations, to
687-further and advance the goals of the Department.
688-
689-
690-(r) To make grants for the purposes of planning,
691-survey, rehabilitation, restoration, reconstruction,
692-landscaping, and acquisition of Illinois properties (i)
693-designated individually in the National Register of
694-Historic Places, (ii) designated as a landmark under a
695-county or municipal landmark ordinance, or (iii) located
696-within a National Register of Historic Places historic
697-district or a locally designated historic district when
698-the Director determines that the property is of historic
699-significance whenever an appropriation is made therefor by
700-the General Assembly or whenever gifts or grants are
701-received for that purpose and to promulgate regulations as
702-may be necessary or desirable to carry out the purposes of
703-the grants.
704-Grantees may, as prescribed by rule, be required to
705-provide matching funds for each grant. Grants made under
706-this subsection shall be known as Illinois Heritage
707-Grants.
708-Every owner of a historic property, or the owner's
709-agent, is eligible to apply for a grant under this
710-subsection.
711-(s) To establish and implement a pilot program for
712-charging admission to State historic sites. Fees may be
713-charged for special events, admissions, and parking or any
714-combination; fees may be charged at all sites or selected
715-sites. All fees shall be deposited into the Illinois
716-
717-
718-Historic Sites Fund. The Department shall have the
719-discretion to set and adjust reasonable fees at the
720-various sites, taking into consideration various factors,
721-including, but not limited to: cost of services furnished
722-to each visitor, impact of fees on attendance and tourism,
723-and the costs expended collecting the fees. The Department
724-shall keep careful records of the income and expenses
725-resulting from the imposition of fees, shall keep records
726-as to the attendance at each historic site, and shall
727-report to the Governor and General Assembly by January 31
728-after the close of each year. The report shall include
729-information on costs, expenses, attendance, comments by
730-visitors, and any other information the Department may
731-believe pertinent, including:
732-(1) Recommendations as to whether fees should be
733-continued at each State historic site.
734-(2) How the fees should be structured and imposed.
735-(3) Estimates of revenues and expenses associated
736-with each site.
737-(t) To provide for overnight tent and trailer
738-campsites and to provide suitable housing facilities for
739-student and juvenile overnight camping groups. The
740-Department shall charge rates similar to those charged by
741-the Department for the same or similar facilities and
742-services.
743-(u) To engage in marketing activities designed to
744-
745-
746-promote the sites and programs administered by the
747-Department. In undertaking these activities, the
748-Department may take all necessary steps with respect to
749-products and services, including, but not limited to,
750-retail sales, wholesale sales, direct marketing, mail
751-order sales, telephone sales, advertising and promotion,
752-purchase of product and materials inventory, design,
753-printing and manufacturing of new products, reproductions,
754-and adaptations, copyright and trademark licensing and
755-royalty agreements, and payment of applicable taxes. In
756-addition, the Department shall have the authority to sell
757-advertising in its publications and printed materials. All
758-income from marketing activities shall be deposited into
759-the Illinois Historic Sites Fund.
760-(Source: P.A. 102-1005, eff. 5-27-22.)
761-Section 5-45. The Archaeological and Paleontological
762-Resources Protection Act is amended by changing Section 5 as
763-follows:
764-(20 ILCS 3435/5) (from Ch. 127, par. 133c5)
765-Sec. 5. Penalties. Any violation of Section 3 not
766-involving the disturbance of human remains is a Class A
767-misdemeanor and the violator shall also be subject to a fine
768-not in excess of $5,000; any subsequent violation is a Class 4
769-felony. Any violation of Section 3 involving disturbance of
770-
771-
772-human remains is a Class 4 felony. Each disturbance of an
773-archaeological site or a paleontological site shall constitute
774-a single offense. Persons convicted of a violation of Section
775-3 shall also be ordered to pay restitution. Such restitution
776-is to be assessed by the circuit court. Restitution may
777-include, but is not limited to:
778-(a) (blank);
779-(b) any and all costs incurred in cleaning, restoring,
780-analyzing, accessioning and curating the recovered
781-materials;
782-(c) any and all costs associated with restoring the
783-land to its original contour;
784-(d) any and all costs associated with recovery of data
785-and analyzing, publishing, accessioning and curating
786-materials when the prohibited activity is so extensive as
787-to preclude the restoration of the archaeological or
788-paleontological site;
789-(e) any and all costs associated with the
790-determination and collection of restitution.
791-When restitution is ordered in a case that is prosecuted
792-by the Attorney General, all restitution shall be deposited
793-into the Illinois Historic Sites Fund; when restitution is
794-ordered in a case that is prosecuted by the State's Attorney,
795-the proceeds shall be deposited into the county fund
796-designated by the county board.
797-(Source: P.A. 103-446, eff. 8-4-23.)
798-
799-
800-Section 5-50. The State Finance Act is amended by changing
801-Sections 5, 6z-82, and 8.8a as follows:
802-(30 ILCS 105/5) (from Ch. 127, par. 141)
803-Sec. 5. Special funds.
804-(a) There are special funds in the State Treasury
805-designated as specified in the Sections which succeed this
806-Section 5 and precede Section 5d 6.
807-(b) Except as provided in the Illinois Vehicle Hijacking
808-and Motor Vehicle Theft Prevention and Insurance Verification
809-Act, when any special fund in the State Treasury is
810-discontinued by an Act of the General Assembly, any balance
811-remaining therein on the effective date of such Act shall be
812-transferred to the General Revenue Fund, or to such other fund
813-as such Act shall provide. Warrants outstanding against such
814-discontinued fund at the time of the transfer of any such
815-balance therein shall be paid out of the fund to which the
816-transfer was made.
817-(c) When any special fund in the State Treasury has been
818-inactive for 18 months or longer, the Comptroller may
819-terminate the fund, and the balance remaining in such fund
820-shall be transferred by the Comptroller to the General Revenue
821-Fund. When a special fund has been terminated by the
822-Comptroller as provided in this Section, the General Assembly
823-shall repeal or amend all Sections of the statutes creating or
824-
825-
826-otherwise referring to that fund.
827-The Comptroller shall be allowed the discretion to
828-maintain or dissolve any federal trust fund which has been
829-inactive for 18 months or longer.
830-(d) (Blank).
831-(e) (Blank).
832-(Source: P.A. 102-904, eff. 1-1-23; 103-266, eff. 1-1-24.)
833-(30 ILCS 105/6z-82)
834-Sec. 6z-82. State Police Operations Assistance Fund.
835-(a) There is created in the State treasury a special fund
836-known as the State Police Operations Assistance Fund. The Fund
837-shall receive revenue under the Criminal and Traffic
838-Assessment Act. The Fund may also receive revenue from grants,
839-donations, appropriations, and any other legal source.
840-(a-5) (Blank). This Fund may charge, collect, and receive
841-fees or moneys as described in Section 15-312 of the Illinois
842-Vehicle Code, and receive all fees received by the Illinois
843-State Police under that Section. The moneys shall be used by
844-the Illinois State Police for its expenses in providing police
845-escorts and commercial vehicle enforcement activities.
846-(b) The Illinois State Police may use moneys in the Fund to
847-finance any of its lawful purposes or functions.
848-(c) Expenditures may be made from the Fund only as
849-appropriated by the General Assembly by law.
850-(d) Investment income that is attributable to the
851-
852-
853-investment of moneys in the Fund shall be retained in the Fund
854-for the uses specified in this Section.
855-(e) The State Police Operations Assistance Fund shall not
856-be subject to administrative chargebacks.
857-(f) (Blank).
858-(g) (Blank).
859-(h) (Blank). Notwithstanding any other provision of law,
860-in addition to any other transfers that may be provided by law,
861-on the effective date of this amendatory Act of the 103rd
862-General Assembly, or as soon thereafter as practical, the
863-State Comptroller shall direct and the State Treasurer shall
864-transfer the remaining balance from the State Police
865-Streetgang-Related Crime Fund to the State Police Operations
866-Assistance Fund. Upon completion of the transfers, the State
867-Police Streetgang-Related Crime Fund is dissolved, and any
868-future deposits into the State Police Streetgang-Related Crime
869-Fund and any outstanding obligations or liabilities of the
870-State Police Streetgang-Related Crime Fund pass to the State
871-Police Operations Assistance Fund.
872-(Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21;
873-102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-34, eff.
874-6-9-23; 103-363, eff. 7-28-23; revised 9-7-23.)
875-(30 ILCS 105/8.8a) (from Ch. 127, par. 144.8a)
876-Sec. 8.8a. Appropriations for the sale or transfer of
877-surplus or transferable property by the Department of Central
878-
879-
880-Management Services, and for all other expenses incident to
881-the handling, transportation, maintenance and storage of such
882-surplus property, including personal services and contractual
883-services connected therewith and for expenses incident to the
884-establishment and operation of wastepaper recycling programs
885-by the Department, are payable from the State Surplus Property
886-Revolving Fund through the end of State fiscal year 2020, and
887-shall be payable from the General Revenue Fund beginning in
888-State fiscal year 2021.
889-(Source: P.A. 101-636, eff. 6-10-20.)
890-(30 ILCS 105/5.544 rep.)
891-(30 ILCS 105/5.668 rep.)
892-(30 ILCS 105/5.709 rep.)
893-(30 ILCS 105/5.795 rep.)
894-(30 ILCS 105/6p-3 rep.)
895-Section 5-55. The State Finance Act is amended by
896-repealing Sections 5.544, 5.668, 5.709, 5.795, and 6p-3.
897-(30 ILCS 145/Act rep.)
898-Section 5-60. The Heritage Preservation Act is repealed.
899-(30 ILCS 175/Act rep.)
900-Section 5-65. The United States Olympians Assistance Act
901-is repealed.
902-
903-
904-(30 ILCS 190/Act rep.)
905-Section 5-70. The Cash Management and Medicaid
906-Maximization Act of 2011 is repealed.
907-Section 5-75. The Federal Commodity Disbursement Act is
908-amended by changing Section 2 as follows:
909-(30 ILCS 255/2) (from Ch. 127, par. 176c)
910-Sec. 2. Any officer, department or agency of this State
911-who or which shall be designated by the Governor as the State
912-Agency for Surplus Property Utilization is authorized to
913-promulgate regulations for the carrying out of its
914-distribution of surplus funds and commodities. All fees and
915-moneys collected or received by the employees or agents of the
916-State officer or agency who or which is designated as the
917-receiving agency shall be deposited into the General Revenue
918-Fund paid or turned over to and held by the State Treasurer as
919-ex officio custodian thereof separate and apart from all
920-public funds or moneys of this State and shall be known as the
921-Federal account of the State Surplus Property Revolving Fund,
922-to be administered by the designated State officer or agency.
923-All disbursements from this fund shall be made only upon
924-warrants of the State Comptroller drawn upon the Treasurer as
925-custodian of this fund upon vouchers signed by the designated
926-State officer or agency, and the Comptroller is hereby
927-authorized to draw such warrants upon vouchers so signed. The
928-
929-
930-Treasurer shall accept all warrants so signed and shall be
931-released from liability for all payments made thereon.
932-(Source: P.A. 83-9.)
933-(30 ILCS 750/Art. 2 rep.)
934-Section 5-80. The Build Illinois Act is amended by
935-repealing Article 2.
936-Section 5-85. The School Code is amended by changing
937-Section 27-12.1 as follows:
938-(105 ILCS 5/27-12.1) (from Ch. 122, par. 27-12.1)
939-Sec. 27-12.1. Consumer education.
940-(a) Pupils in the public schools in grades 9 through 12
941-shall be taught and be required to study courses which include
942-instruction in the area of consumer education, including but
943-not necessarily limited to (i) understanding the basic
944-concepts of financial literacy, including consumer debt and
945-installment purchasing (including credit scoring, managing
946-credit debt, and completing a loan application), budgeting,
947-savings and investing, banking (including balancing a
948-checkbook, opening a deposit account, and the use of interest
949-rates), understanding simple contracts, State and federal
950-income taxes, personal insurance policies, the comparison of
951-prices, higher education student loans, identity-theft
952-security, and homeownership (including the basic process of
953-
954-
955-obtaining a mortgage and the concepts of fixed and adjustable
956-rate mortgages, subprime loans, and predatory lending), and
957-(ii) understanding the roles of consumers interacting with
958-agriculture, business, labor unions and government in
959-formulating and achieving the goals of the mixed free
960-enterprise system. The State Board of Education shall devise
961-or approve the consumer education curriculum for grades 9
962-through 12 and specify the minimum amount of instruction to be
963-devoted thereto.
964-(b) (Blank).
965-(c) (Blank). The Financial Literacy Fund is created as a
966-special fund in the State treasury. State funds and private
967-contributions for the promotion of financial literacy shall be
968-deposited into the Financial Literacy Fund. All money in the
969-Financial Literacy Fund shall be used, subject to
970-appropriation, by the State Board of Education to award grants
971-to school districts for the following:
972-(1) Defraying the costs of financial literacy training
973-for teachers.
974-(2) Rewarding a school or teacher who wins or achieves
975-results at a certain level of success in a financial
976-literacy competition.
977-(3) Rewarding a student who wins or achieves results
978-at a certain level of success in a financial literacy
979-competition.
980-(4) Funding activities, including books, games, field
981-
982-
983-trips, computers, and other activities, related to
984-financial literacy education.
985-In awarding grants, every effort must be made to ensure
986-that all geographic areas of the State are represented.
987-(d) A school board may establish a special fund in which to
988-receive public funds and private contributions for the
989-promotion of financial literacy. Money in the fund shall be
990-used for the following:
991-(1) Defraying the costs of financial literacy training
992-for teachers.
993-(2) Rewarding a school or teacher who wins or achieves
994-results at a certain level of success in a financial
995-literacy competition.
996-(3) Rewarding a student who wins or achieves results
997-at a certain level of success in a financial literacy
998-competition.
999-(4) Funding activities, including books, games, field
1000-trips, computers, and other activities, related to
1001-financial literacy education.
1002-(e) The State Board of Education, upon the next
1003-comprehensive review of the Illinois Learning Standards, is
1004-urged to include the basic principles of personal insurance
1005-policies and understanding simple contracts.
1006-(Source: P.A. 99-284, eff. 8-5-15.)
1007-Section 5-90. The Community Association Manager Licensing
1008-
1009-
1010-and Disciplinary Act is amended by changing Section 65 as
1011-follows:
1012-(225 ILCS 427/65)
1013-(Section scheduled to be repealed on January 1, 2027)
1014-Sec. 65. Fees; Division of Real Estate General Fund.
1015-(a) The fees for the administration and enforcement of
1016-this Act, including, but not limited to, initial licensure,
1017-renewal, and restoration, shall be set by rule of the
1018-Department. The fees shall be nonrefundable.
1019-(b) In addition to the application fee, applicants for the
1020-examination are required to pay, either to the Department or
1021-the designated testing service, a fee covering the cost of
1022-determining an applicant's eligibility and providing the
1023-examination. Failure to appear for the examination on the
1024-scheduled date, at the time and place specified, after the
1025-applicant's application and fee for examination have been
1026-received and acknowledged by the Department or the designated
1027-testing service, shall result in the forfeiture of the fee.
1028-(c) All Prior to July 1, 2023, all fees, fines, penalties,
1029-or other monies received or collected pursuant to this Act
1030-shall be deposited in the Community Association Manager
1031-Licensing and Disciplinary Fund. Beginning on July 1, 2023,
1032-all fees, fines, penalties, or other monies received or
1033-collected pursuant to this Act shall be deposited in the
1034-Division of Real Estate General Fund.
1035-
1036-
1037-(d) Moneys in the Community Association Manager Licensing
1038-and Disciplinary Fund and the Division of Real Estate General
1039-Fund may be transferred to the Professions Indirect Cost Fund,
1040-as authorized under Section 2105-300 of the Department of
1041-Professional Regulation Law of the Civil Administrative Code
1042-of Illinois.
1043-(e) (Blank). Notwithstanding any other provision of law,
1044-in addition to any other transfers that may be provided by law,
1045-on July 1, 2023, or as soon thereafter as practical, the State
1046-Comptroller shall direct and the State Treasurer shall
1047-transfer the remaining balance from the Community Association
1048-Manager Licensing and Disciplinary Fund into the Division of
1049-Real Estate General Fund. Upon completion of the transfer, the
1050-Community Association Manager Licensing and Disciplinary Fund
1051-is dissolved, and any future deposits due to that Fund and any
1052-outstanding obligations or liabilities of that Fund pass to
1053-the Division of Real Estate General Fund.
1054-(Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
1055-Section 5-95. The Home Inspector License Act is amended by
1056-changing Sections 15-5 and 25-5 as follows:
1057-(225 ILCS 441/15-5)
1058-(Section scheduled to be repealed on January 1, 2027)
1059-Sec. 15-5. Unlicensed practice; civil penalty.
1060-(a) Any person who practices, offers to practice, attempts
1061-
1062-
1063-to practice, or holds oneself out to practice home inspection
1064-or as a home inspector without being licensed under this Act
1065-shall, in addition to any other penalty provided by law, pay a
1066-civil penalty to the Department in an amount not to exceed
1067-$25,000 for each violation of this Act as determined by the
1068-Department. The civil penalty shall be assessed by the
1069-Department after a hearing is held in accordance with the
1070-provisions of this Act.
1071-(b) The Department has the authority and power to
1072-investigate any unlicensed activity.
1073-(c) A civil penalty shall be paid within 60 days after the
1074-effective date of the order imposing the civil penalty. The
1075-Department may petition the circuit court for a judgment to
1076-enforce the collection of the penalty. Any Prior to July 1,
1077-2023, any civil penalties collected under this Act shall be
1078-made payable to the Department and deposited into the Home
1079-Inspector Administration Fund. Beginning on July 1, 2023, any
1080-civil penalties collected under this Act shall be made payable
1081-to the Department and deposited into the Division of Real
1082-Estate General Fund.
1083-(Source: P.A. 102-970, eff. 5-27-22.)
1084-(225 ILCS 441/25-5)
1085-(Section scheduled to be repealed on January 1, 2027)
1086-Sec. 25-5. Division of Real Estate General Fund;
1087-surcharge.
1088-
1089-
1090-(a) (Blank). The Home Inspector Administration Fund is
1091-created as a special fund in the State Treasury. Prior to July
1092-1, 2023, all fees, fines, and penalties received by the
1093-Department under this Act shall be deposited into the Home
1094-Inspector Administration Fund. All earnings attributable to
1095-investment of funds in the Home Inspector Administration Fund
1096-shall be credited to the Home Inspector Administration Fund.
1097-Subject to appropriation, the moneys in the Home Inspector
1098-Administration Fund shall be appropriated to the Department
1099-for the expenses incurred by the Department in the
1100-administration of this Act.
1101-(a-5) The Division of Real Estate General Fund is created
1102-as a special fund in the State Treasury. All Beginning on July
1103-1, 2023, all fees, fines, and penalties received by the
1104-Department under this Act shall be deposited into the Division
1105-of Real Estate General Fund. All earnings attributable to
1106-investment of funds in the Division of Real Estate General
1107-Fund shall be credited to the Division of Real Estate General
1108-Fund. Subject to appropriation, the moneys in the Division of
1109-Real Estate General Fund shall be appropriated to the
1110-Department for the expenses incurred by the Department in the
1111-administration of this Act.
1112-(b) (Blank).
1113-(c) (Blank).
1114-(c-5) Moneys in the Home Inspection Administration Fund
1115-and the Division of Real Estate General Fund may be
1116-
1117-
1118-transferred to the Professions Indirect Cost Fund, as
1119-authorized under Section 2105-300 of the Department of
1120-Professional Regulation Law of the Civil Administrative Code
1121-of Illinois.
1122-(d) Upon the completion of any audit of the Department, as
1123-prescribed by the Illinois State Auditing Act, that includes
1124-an audit of the Home Inspector Administration Fund or the
1125-Division of Real Estate General Fund, the Department shall
1126-make the audit report open to inspection by any interested
1127-person.
1128-(e) (Blank). Notwithstanding any other provision of law,
1129-in addition to any other transfers that may be provided by law,
1130-on July 1, 2023, or as soon thereafter as practical, the State
1131-Comptroller shall direct and the State Treasurer shall
1132-transfer the remaining balance from the Home Inspector
1133-Administration Fund into the Division of Real Estate General
1134-Fund. Upon completion of the transfer, the Home Inspector
1135-Administration Fund is dissolved, and any future deposits due
1136-to that Fund and any outstanding obligations or liabilities of
1137-that Fund pass to the Division of Real Estate General Fund.
1138-(Source: P.A. 102-970, eff. 5-27-22.)
1139-Section 5-100. The Illinois Affordable Housing Act is
1140-amended by changing Sections 3 and 7 as follows:
1141-(310 ILCS 65/3) (from Ch. 67 1/2, par. 1253)
1142-
1143-
1144-Sec. 3. Definitions. As used in this Act:
1145-(a) "Program" means the Illinois Affordable Housing
1146-Program.
1147-(b) "Trust Fund" means the Illinois Affordable Housing
1148-Trust Fund.
1149-(b-5) (Blank). "Capital Fund" means the Illinois
1150-Affordable Housing Capital Fund.
1151-(c) "Low-income household" means a single person, family
1152-or unrelated persons living together whose adjusted income is
1153-more than 50%, but less than 80%, of the median income of the
1154-area of residence, adjusted for family size, as such adjusted
1155-income and median income for the area are determined from time
1156-to time by the United States Department of Housing and Urban
1157-Development for purposes of Section 8 of the United States
1158-Housing Act of 1937.
1159-(d) "Very low-income household" means a single person,
1160-family or unrelated persons living together whose adjusted
1161-income is not more than 50% of the median income of the area of
1162-residence, adjusted for family size, as such adjusted income
1163-and median income for the area are determined from time to time
1164-by the United States Department of Housing and Urban
1165-Development for purposes of Section 8 of the United States
1166-Housing Act of 1937.
1167-(e) "Affordable housing" means residential housing that,
1168-so long as the same is occupied by low-income households or
1169-very low-income households, requires payment of monthly
1170-
1171-
1172-housing costs, including utilities other than telephone, of no
1173-more than 30% of the maximum allowable income as stated for
1174-such households as defined in this Section.
1175-(f) "Multi-family housing" means a building or buildings
1176-providing housing to 5 or more households.
1177-(g) "Single-family housing" means a building containing
1178-one to 4 dwelling units, including a mobile home as defined in
1179-subsection (b) of Section 3 of the Mobile Home Landlord and
1180-Tenant Rights Act, as amended.
1181-(h) "Community-based organization" means a not-for-profit
1182-entity whose governing body includes a majority of members who
1183-reside in the community served by the organization.
1184-(i) "Advocacy organization" means a not-for-profit
1185-organization which conducts, in part or in whole, activities
1186-to influence public policy on behalf of low-income or very
1187-low-income households.
1188-(j) "Program Administrator" means the Illinois Housing
1189-Development Authority.
1190-(k) "Funding Agent" means the Illinois Department of Human
1191-Services.
1192-(l) "Commission" means the Affordable Housing Advisory
1193-Commission.
1194-(m) "Congregate housing" means a building or structure in
1195-which 2 or more households, inclusive, share common living
1196-areas and may share child care, cleaning, cooking and other
1197-household responsibilities.
1198-
1199-
1200-(n) "Eligible applicant" means a proprietorship,
1201-partnership, for-profit corporation, not-for-profit
1202-corporation or unit of local government which seeks to use
1203-fund assets as provided in this Article.
1204-(o) "Moderate income household" means a single person,
1205-family or unrelated persons living together whose adjusted
1206-income is more than 80% but less than 120% of the median income
1207-of the area of residence, adjusted for family size, as such
1208-adjusted income and median income for the area are determined
1209-from time to time by the United States Department of Housing
1210-and Urban Development for purposes of Section 8 of the United
1211-States Housing Act of 1937.
1212-(p) "Affordable Housing Program Trust Fund Bonds or Notes"
1213-means the bonds or notes issued by the Program Administrator
1214-under the Illinois Housing Development Act to further the
1215-purposes of this Act.
1216-(q) "Trust Fund Moneys" means all moneys, deposits,
1217-revenues, income, interest, dividends, receipts, taxes,
1218-proceeds and other amounts or funds deposited or to be
1219-deposited into the Trust Fund pursuant to subsection (b) of
1220-Section 5(b) of this Act and any proceeds, investments or
1221-increase thereof.
1222-(r) "Program Escrow" means accounts, except those accounts
1223-relating to any Affordable Housing Program Trust Fund Bonds or
1224-Notes, designated by the Program Administrator, into which
1225-Trust Fund Moneys are deposited.
1226-
1227-
1228-(s) "Common household pet" means a domesticated animal,
1229-such as a dog (canis lupus familiaris) or cat (felis catus),
1230-which is commonly kept in the home for pleasure rather than for
1231-commercial purposes.
1232-(Source: P.A. 102-283, eff. 1-1-22; 103-8, eff. 7-1-23.)
1233-(310 ILCS 65/7) (from Ch. 67 1/2, par. 1257)
1234-Sec. 7. Powers of the Program Administrator. The Program
1235-Administrator, in addition to the powers set forth in the
1236-Illinois Housing Development Act and the powers identified in
1237-Sections 8 and 9 of this Act, has the power to:
1238-(a) identify, select and make financing available to
1239-eligible applicants from monies in the Trust Fund or the
1240-Capital Fund or from monies secured by the Trust Fund or
1241-the Capital Fund for affordable housing for low and very
1242-low-income families;
1243-(b) purchase first and second mortgages, to make
1244-secured, unsecured or deferred repayment loans, to make no
1245-interest or low interest loans or to issue grants,
1246-payments or subsidies for the predevelopment expenses,
1247-acquisition, construction, rehabilitation development,
1248-operation, insurance, or retention of projects in support
1249-of affordable single family and multi-family housing for
1250-low and very low-income households;
1251-(c) expend monies for mortgage participation
1252-certificates representing an undivided interest in
1253-
1254-
1255-specified, first-lien conventional residential Illinois
1256-mortgages which are underwritten, insured, guaranteed or
1257-purchased by the Federal Home Loan Mortgage Corporation;
1258-(d) fix, determine, charge and collect any fees, costs
1259-and expenses, including without limitation, any
1260-application fees, commitment or servicing fees, program
1261-fees, financing charges, or publication fees in connection
1262-with activities under this Act;
1263-(e) establish applications, notification procedures,
1264-and other forms, and to prepare and issue rules deemed
1265-necessary and appropriate to implement this Act with
1266-consultation from the Commission; and to issue emergency
1267-rules, as necessary, for program implementation needed
1268-prior to publication of the first annual plan required by
1269-Section 12 of this Act;
1270-(f) make and enter into and enforce all loans, loan
1271-commitments, contracts and agreements necessary,
1272-convenient or desirable to the performance of its duties
1273-and the execution of its powers under this Act;
1274-(g) consent, subject to the provisions of any contract
1275-or agreement with another person, whenever it deems it is
1276-necessary or desirable in the fulfillment of the purposes
1277-of this Act, to the modification or restructuring of any
1278-loan commitment, loan, contract or agreement to which the
1279-Program Administrator is a party;
1280-(h) acquire by purchase, gift, or foreclosure, but not
1281-
1282-
1283-by condemnation, any real or personal property, or any
1284-interest therein, to procure insurance against loss, to
1285-enter into any lease of property and to hold, sell,
1286-assign, lease, mortgage or otherwise dispose of any real
1287-or personal property, or any interest therein, or
1288-relinquish any right, title, claim, lien, interest,
1289-easement or demand however acquired, and to do any of the
1290-foregoing by public or private sale;
1291-(i) subject to the provisions of any contract or
1292-agreement with another party to collect, enforce the
1293-collection of, and foreclose on any property or collateral
1294-securing its loan or loans, mortgage or mortgages, and
1295-acquire or take possession of such property or collateral
1296-and release or relinquish any right, title, claim, lien,
1297-interest, easement, or demand in property foreclosed by it
1298-or to sell the same at public or private sale, with or
1299-without bidding, and otherwise deal with such collateral
1300-as may be necessary to protect the interest of the Program
1301-Administrator;
1302-(j) sell any eligible loan made by the Program
1303-Administrator or mortgage interest owned by it, at public
1304-or private sale, with or without bidding, either singly or
1305-in groups, or in shares of loans or shares of groups of
1306-loans, and to deposit and invest the funds derived from
1307-such sales in any manner authorized by this Act;
1308-(k) provide, contract or arrange, or participate with
1309-
1310-
1311-or enter into agreements with any department, agency or
1312-authority of the United States or of this State, or any
1313-local unit of government, or any banking institution,
1314-insurance company, trust or fiduciary or any foundation or
1315-not-for-profit agency for the review, application,
1316-servicing, processing or administration of any proposed
1317-loan, grant, application, servicing, processing or
1318-administration of any proposed loan, grant, agreement, or
1319-contract of the Department when such arrangement is in
1320-furtherance of this Act;
1321-(l) receive and accept any gifts, grants, donations or
1322-contributions from any source, of money, property, labor
1323-or other things of value, to be held, used and applied to
1324-carry out the purposes of this Act subject to including,
1325-but not limited to, gifts or grants from any Department or
1326-agency of the United States or the State or from any local
1327-unit of government, not-for-profit organization or private
1328-firm or individual for any purpose consistent with this
1329-Act; and
1330-(m) exercise such other powers as are necessary or
1331-incidental to the administration of this Act or
1332-performance of duties under this Act.
1333-(Source: P.A. 95-710, eff. 6-1-08.)
1334-(310 ILCS 65/5.5 rep.)
1335-(310 ILCS 65/8.5 rep.)
1336-
1337-
1338-Section 5-105. The Illinois Affordable Housing Act is
1339-amended by repealing Sections 5.5 and 8.5.
1340-(410 ILCS 315/2b rep.)
1341-Section 5-110. The Communicable Disease Prevention Act is
1342-amended by repealing Section 2b.
1343-Section 5-115. The Environmental Protection Act is amended
1344-by changing Section 58.15 as follows:
1345-(415 ILCS 5/58.15)
1346-Sec. 58.15. Brownfields Programs.
1347-(A) Brownfields Redevelopment Loan Program.
1348-(a) The Agency shall establish and administer a revolving
1349-loan program to be known as the "Brownfields Redevelopment
1350-Loan Program" for the purpose of providing loans to be used for
1351-site investigation, site remediation, or both, at brownfields
1352-sites. All principal, interest, and penalty payments from
1353-loans made under this subsection (A) shall be deposited into
1354-the Brownfields Redevelopment Fund and reused in accordance
1355-with this Section.
1356-(b) General requirements for loans:
1357-(1) Loans shall be at or below market interest rates
1358-in accordance with a formula set forth in regulations
1359-promulgated under subdivision (A)(c) of this subsection
1360-(A).
1361-
1362-
1363-(2) Loans shall be awarded subject to availability of
1364-funding based on the order of receipt of applications
1365-satisfying all requirements as set forth in the
1366-regulations promulgated under subdivision (A)(c) of this
1367-subsection (A).
1368-(3) The maximum loan amount under this subsection (A)
1369-for any one project is $1,000,000.
1370-(4) In addition to any requirements or conditions
1371-placed on loans by regulation, loan agreements under the
1372-Brownfields Redevelopment Loan Program shall include the
1373-following requirements:
1374-(A) the loan recipient shall secure the loan
1375-repayment obligation;
1376-(B) completion of the loan repayment shall not
1377-exceed 15 years or as otherwise prescribed by Agency
1378-rule; and
1379-(C) loan agreements shall provide for a confession
1380-of judgment by the loan recipient upon default.
1381-(5) Loans shall not be used to cover expenses incurred
1382-prior to the approval of the loan application.
1383-(6) If the loan recipient fails to make timely
1384-payments or otherwise fails to meet its obligations as
1385-provided in this subsection (A) or implementing
1386-regulations, the Agency is authorized to pursue the
1387-collection of the amounts past due, the outstanding loan
1388-balance, and the costs thereby incurred, either pursuant
1389-
1390-
1391-to the Illinois State Collection Act of 1986 or by any
1392-other means provided by law, including the taking of
1393-title, by foreclosure or otherwise, to any project or
1394-other property pledged, mortgaged, encumbered, or
1395-otherwise available as security or collateral.
1396-(c) The Agency shall have the authority to enter into any
1397-contracts or agreements that may be necessary to carry out its
1398-duties or responsibilities under this subsection (A). The
1399-Agency shall have the authority to promulgate regulations
1400-setting forth procedures and criteria for administering the
1401-Brownfields Redevelopment Loan Program. The regulations
1402-promulgated by the Agency for loans under this subsection (A)
1403-shall include, but need not be limited to, the following
1404-elements:
1405-(1) loan application requirements;
1406-(2) determination of credit worthiness of the loan
1407-applicant;
1408-(3) types of security required for the loan;
1409-(4) types of collateral, as necessary, that can be
1410-pledged for the loan;
1411-(5) special loan terms, as necessary, for securing the
1412-repayment of the loan;
1413-(6) maximum loan amounts;
1414-(7) purposes for which loans are available;
1415-(8) application periods and content of applications;
1416-(9) procedures for Agency review of loan applications,
1417-
1418-
1419-loan approvals or denials, and loan acceptance by the loan
1420-recipient;
1421-(10) procedures for establishing interest rates;
1422-(11) requirements applicable to disbursement of loans
1423-to loan recipients;
1424-(12) requirements for securing loan repayment
1425-obligations;
1426-(13) conditions or circumstances constituting default;
1427-(14) procedures for repayment of loans and delinquent
1428-loans including, but not limited to, the initiation of
1429-principal and interest payments following loan acceptance;
1430-(15) loan recipient responsibilities for work
1431-schedules, work plans, reports, and record keeping;
1432-(16) evaluation of loan recipient performance,
1433-including auditing and access to sites and records;
1434-(17) requirements applicable to contracting and
1435-subcontracting by the loan recipient, including
1436-procurement requirements;
1437-(18) penalties for noncompliance with loan
1438-requirements and conditions, including stop-work orders,
1439-termination, and recovery of loan funds; and
1440-(19) indemnification of the State of Illinois and the
1441-Agency by the loan recipient.
1442-(d) Moneys in the Brownfields Redevelopment Fund may be
1443-used as a source of revenue or security for the principal and
1444-interest on revenue or general obligation bonds issued by the
1445-
1446-
1447-State or any political subdivision or instrumentality thereof,
1448-if the proceeds of those bonds will be deposited into the Fund.
1449-(B) Brownfields Site Restoration Program.
1450-(a)(1) The Agency must establish and administer a
1451-program for the payment of remediation costs to be known as the
1452-Brownfields Site Restoration Program. The Agency, through the
1453-Program, shall provide Remediation Applicants with financial
1454-assistance for the investigation and remediation of abandoned
1455-or underutilized properties. The investigation and remediation
1456-shall be performed in accordance with this Title XVII of this
1457-Act.
1458-(2) For each State fiscal year in which funds are made
1459-available to the Agency for payment under this subsection (B),
1460-the Agency must, subject to the availability of funds,
1461-allocate 20% of the funds to be available to Remediation
1462-Applicants within counties with populations over 2,000,000.
1463-The remaining funds must be made available to all other
1464-Remediation Applicants in the State.
1465-(3) The Agency must not approve payment in excess of
1466-$750,000 to a Remediation Applicant for remediation costs
1467-incurred at a remediation site. Eligibility must be determined
1468-based on a minimum capital investment in the redevelopment of
1469-the site, and payment amounts must not exceed the net economic
1470-benefit to the State of the remediation project. In addition
1471-to these limitations, the total payment to be made to an
1472-
1473-
1474-applicant must not exceed an amount equal to 20% of the capital
1475-investment at the site.
1476-(4) Only those remediation projects for which a No
1477-Further Remediation Letter is issued by the Agency after
1478-December 31, 2001 are eligible to participate in the
1479-Brownfields Site Restoration Program. The program does not
1480-apply to any sites that have received a No Further Remediation
1481-Letter prior to December 31, 2001 or for costs incurred prior
1482-to the Agency approving a site eligible for the Brownfields
1483-Site Restoration Program.
1484-(5) Brownfields Site Restoration Program funds shall
1485-be subject to availability of funding and distributed based on
1486-the order of receipt of applications satisfying all
1487-requirements as set forth in this Section.
1488-(b) Prior to applying to the Agency for payment, a
1489-Remediation Applicant shall first submit to the Agency its
1490-proposed remediation costs. The Agency shall make a
1491-pre-application assessment, which is not to be binding upon
1492-future review of the project, relating only to whether the
1493-Agency has adequate funding to reimburse the applicant for the
1494-remediation costs if the applicant is found to be eligible for
1495-reimbursement of remediation costs. If the Agency determines
1496-that it is likely to have adequate funding to reimburse the
1497-applicant for remediation costs, the Remediation Applicant may
1498-then submit to the Agency an application for review of
1499-eligibility. The Agency must review the eligibility
1500-
1501-
1502-application to determine whether the Remediation Applicant is
1503-eligible for the payment. The application must be on forms
1504-prescribed and provided by the Agency. At a minimum, the
1505-application must include the following:
1506-(1) Information identifying the Remediation Applicant
1507-and the site for which the payment is being sought and the
1508-date of acceptance into the Site Remediation Program.
1509-(2) Information demonstrating that the site for which
1510-the payment is being sought is abandoned or underutilized
1511-property. "Abandoned property" means real property
1512-previously used for, or that has the potential to be used
1513-for, commercial or industrial purposes that reverted to
1514-the ownership of the State, a county or municipal
1515-government, or an agency thereof, through donation,
1516-purchase, tax delinquency, foreclosure, default, or
1517-settlement, including conveyance by deed in lieu of
1518-foreclosure; or privately owned property that has been
1519-vacant for a period of not less than 3 years from the time
1520-an application is made to the Agency. "Underutilized
1521-property" means real property of which less than 35% of
1522-the commercially usable space of the property and
1523-improvements thereon are used for their most commercially
1524-profitable and economically productive uses.
1525-(3) Information demonstrating that remediation of the
1526-site for which the payment is being sought will result in a
1527-net economic benefit to the State of Illinois. The "net
1528-
1529-
1530-economic benefit" must be determined based on factors
1531-including, but not limited to, the capital investment, the
1532-number of jobs created, the number of jobs retained if it
1533-is demonstrated the jobs would otherwise be lost, capital
1534-improvements, the number of construction-related jobs,
1535-increased sales, material purchases, other increases in
1536-service and operational expenditures, and other factors
1537-established by the Agency. Priority must be given to sites
1538-located in areas with high levels of poverty, where the
1539-unemployment rate exceeds the State average, where an
1540-enterprise zone exists, or where the area is otherwise
1541-economically depressed as determined by the Agency.
1542-(4) An application fee in the amount set forth in
1543-subdivision (B)(c) for each site for which review of an
1544-application is being sought.
1545-(c) The fee for eligibility reviews conducted by the
1546-Agency under this subsection (B) is $1,000 for each site
1547-reviewed. The application fee must be made payable to the
1548-Agency for deposit into the Brownfields Redevelopment Fund.
1549-These application fees shall be used by the Agency for
1550-administrative expenses incurred under this subsection (B).
1551-(d) Within 60 days after receipt by the Agency of an
1552-application meeting the requirements of subdivision (B)(b),
1553-the Agency must issue a letter to the applicant approving the
1554-application, approving the application with modifications, or
1555-disapproving the application. If the application is approved
1556-
1557-
1558-or approved with modifications, the Agency's letter must also
1559-include its determination of the "net economic benefit" of the
1560-remediation project and the maximum amount of the payment to
1561-be made available to the applicant for remediation costs. The
1562-payment by the Agency under this subsection (B) must not
1563-exceed the "net economic benefit" of the remediation project.
1564-(e) An application for a review of remediation costs must
1565-not be submitted to the Agency unless the Agency has
1566-determined the Remediation Applicant is eligible under
1567-subdivision (B)(d). If the Agency has determined that a
1568-Remediation Applicant is eligible under subdivision (B)(d),
1569-the Remediation Applicant may submit an application for
1570-payment to the Agency under this subsection (B). Except as
1571-provided in subdivision (B)(f), an application for review of
1572-remediation costs must not be submitted until a No Further
1573-Remediation Letter has been issued by the Agency and recorded
1574-in the chain of title for the site in accordance with Section
1575-58.10. The Agency must review the application to determine
1576-whether the costs submitted are remediation costs and whether
1577-the costs incurred are reasonable. The application must be on
1578-forms prescribed and provided by the Agency. At a minimum, the
1579-application must include the following:
1580-(1) Information identifying the Remediation Applicant
1581-and the site for which the payment is being sought and the
1582-date of acceptance of the site into the Site Remediation
1583-Program.
1584-
1585-
1586-(2) A copy of the No Further Remediation Letter with
1587-official verification that the letter has been recorded in
1588-the chain of title for the site and a demonstration that
1589-the site for which the application is submitted is the
1590-same site as the one for which the No Further Remediation
1591-Letter is issued.
1592-(3) A demonstration that the release of the regulated
1593-substances of concern for which the No Further Remediation
1594-Letter was issued was not caused or contributed to in any
1595-material respect by the Remediation Applicant. The Agency
1596-must make determinations as to reimbursement availability
1597-consistent with rules adopted by the Pollution Control
1598-Board for the administration and enforcement of Section
1599-58.9 of this Act.
1600-(4) A copy of the Agency's letter approving
1601-eligibility, including the net economic benefit of the
1602-remediation project.
1603-(5) An itemization and documentation, including
1604-receipts, of the remediation costs incurred.
1605-(6) A demonstration that the costs incurred are
1606-remediation costs as defined in this Act and rules adopted
1607-under this Act.
1608-(7) A demonstration that the costs submitted for
1609-review were incurred by the Remediation Applicant who
1610-received the No Further Remediation Letter.
1611-(8) An application fee in the amount set forth in
1612-
1613-
1614-subdivision (B)(j) for each site for which review of
1615-remediation costs is requested.
1616-(9) Any other information deemed appropriate by the
1617-Agency.
1618-(f) An application for review of remediation costs may be
1619-submitted to the Agency prior to the issuance of a No Further
1620-Remediation Letter if the Remediation Applicant has a Remedial
1621-Action Plan approved by the Agency under the terms of which the
1622-Remediation Applicant will remediate groundwater for more than
1623-one year. The Agency must review the application to determine
1624-whether the costs submitted are remediation costs and whether
1625-the costs incurred are reasonable. The application must be on
1626-forms prescribed and provided by the Agency. At a minimum, the
1627-application must include the following:
1628-(1) Information identifying the Remediation Applicant
1629-and the site for which the payment is being sought and the
1630-date of acceptance of the site into the Site Remediation
1631-Program.
1632-(2) A copy of the Agency letter approving the Remedial
1633-Action Plan.
1634-(3) A demonstration that the release of the regulated
1635-substances of concern for which the Remedial Action Plan
1636-was approved was not caused or contributed to in any
1637-material respect by the Remediation Applicant. The Agency
1638-must make determinations as to reimbursement availability
1639-consistent with rules adopted by the Pollution Control
1640-
1641-
1642-Board for the administration and enforcement of Section
1643-58.9 of this Act.
1644-(4) A copy of the Agency's letter approving
1645-eligibility, including the net economic benefit of the
1646-remediation project.
1647-(5) An itemization and documentation, including
1648-receipts, of the remediation costs incurred.
1649-(6) A demonstration that the costs incurred are
1650-remediation costs as defined in this Act and rules adopted
1651-under this Act.
1652-(7) A demonstration that the costs submitted for
1653-review were incurred by the Remediation Applicant who
1654-received approval of the Remediation Action Plan.
1655-(8) An application fee in the amount set forth in
1656-subdivision (B)(j) for each site for which review of
1657-remediation costs is requested.
1658-(9) Any other information deemed appropriate by the
1659-Agency.
1660-(g) For a Remediation Applicant seeking a payment under
1661-subdivision (B)(f), until the Agency issues a No Further
1662-Remediation Letter for the site, no more than 75% of the
1663-allowed payment may be claimed by the Remediation Applicant.
1664-The remaining 25% may be claimed following the issuance by the
1665-Agency of a No Further Remediation Letter for the site. For a
1666-Remediation Applicant seeking a payment under subdivision
1667-(B)(e), until the Agency issues a No Further Remediation
1668-
1669-
1670-Letter for the site, no payment may be claimed by the
1671-Remediation Applicant.
1672-(h)(1) Within 60 days after receipt by the Agency of
1673-an application meeting the requirements of subdivision (B)(e)
1674-or (B)(f), the Agency must issue a letter to the applicant
1675-approving, disapproving, or modifying the remediation costs
1676-submitted in the application. If an application is disapproved
1677-or approved with modification of remediation costs, then the
1678-Agency's letter must set forth the reasons for the disapproval
1679-or modification.
1680-(2) If a preliminary review of a budget plan has been
1681-obtained under subdivision (B)(i), the Remediation Applicant
1682-may submit, with the application and supporting documentation
1683-under subdivision (B)(e) or (B)(f), a copy of the Agency's
1684-final determination accompanied by a certification that the
1685-actual remediation costs incurred for the development and
1686-implementation of the Remedial Action Plan are equal to or
1687-less than the costs approved in the Agency's final
1688-determination on the budget plan. The certification must be
1689-signed by the Remediation Applicant and notarized. Based on
1690-that submission, the Agency is not required to conduct further
1691-review of the costs incurred for development and
1692-implementation of the Remedial Action Plan and may approve
1693-costs as submitted.
1694-(3) Within 35 days after receipt of an Agency letter
1695-disapproving or modifying an application for approval of
1696-
1697-
1698-remediation costs, the Remediation Applicant may appeal the
1699-Agency's decision to the Board in the manner provided for the
1700-review of permits in Section 40 of this Act.
1701-(i)(1) A Remediation Applicant may obtain a
1702-preliminary review of estimated remediation costs for the
1703-development and implementation of the Remedial Action Plan by
1704-submitting a budget plan along with the Remedial Action Plan.
1705-The budget plan must be set forth on forms prescribed and
1706-provided by the Agency and must include, but is not limited to,
1707-line item estimates of the costs associated with each line
1708-item (such as personnel, equipment, and materials) that the
1709-Remediation Applicant anticipates will be incurred for the
1710-development and implementation of the Remedial Action Plan.
1711-The Agency must review the budget plan along with the Remedial
1712-Action Plan to determine whether the estimated costs submitted
1713-are remediation costs and whether the costs estimated for the
1714-activities are reasonable.
1715-(2) If the Remedial Action Plan is amended by the
1716-Remediation Applicant or as a result of Agency action, the
1717-corresponding budget plan must be revised accordingly and
1718-resubmitted for Agency review.
1719-(3) The budget plan must be accompanied by the
1720-applicable fee as set forth in subdivision (B)(j).
1721-(4) Submittal of a budget plan must be deemed an
1722-automatic 60-day waiver of the Remedial Action Plan review
1723-deadlines set forth in this subsection (B) and rules adopted
1724-
1725-
1726-under this subsection (B).
1727-(5) Within the applicable period of review, the Agency
1728-must issue a letter to the Remediation Applicant approving,
1729-disapproving, or modifying the estimated remediation costs
1730-submitted in the budget plan. If a budget plan is disapproved
1731-or approved with modification of estimated remediation costs,
1732-the Agency's letter must set forth the reasons for the
1733-disapproval or modification.
1734-(6) Within 35 days after receipt of an Agency letter
1735-disapproving or modifying a budget plan, the Remediation
1736-Applicant may appeal the Agency's decision to the Board in the
1737-manner provided for the review of permits in Section 40 of this
1738-Act.
1739-(j) The fees for reviews conducted by the Agency under
1740-this subsection (B) are in addition to any other fees or
1741-payments for Agency services rendered pursuant to the Site
1742-Remediation Program and are as follows:
1743-(1) The fee for an application for review of
1744-remediation costs is $1,000 for each site reviewed.
1745-(2) The fee for the review of the budget plan
1746-submitted under subdivision (B)(i) is $500 for each site
1747-reviewed.
1748-The application fee and the fee for the review of the
1749-budget plan must be made payable to the State of Illinois, for
1750-deposit into the Brownfields Redevelopment Fund.
1751-(k) Moneys in the Brownfields Redevelopment Fund may be
1752-
1753-
1754-used for the purposes of this Section, including payment for
1755-the costs of administering this subsection (B). Any moneys
1756-remaining in the Brownfields Site Restoration Program Fund on
1757-the effective date of this amendatory Act of the 92nd General
1758-Assembly shall be transferred to the Brownfields Redevelopment
1759-Fund. Total payments made to all Remediation Applicants by the
1760-Agency for purposes of this subsection (B) must not exceed
1761-$1,000,000 in State fiscal year 2002.
1762-(l) The Agency is authorized to enter into any contracts
1763-or agreements that may be necessary to carry out the Agency's
1764-duties and responsibilities under this subsection (B).
1765-(m) Within 6 months after July 23, 2002 (the effective
1766-date of Public Act 92-715) this amendatory Act of 2002, the
1767-Department of Commerce and Community Affairs (now Department
1768-of Commerce and Economic Opportunity) and the Agency must
1769-propose rules prescribing procedures and standards for the
1770-administration of this subsection (B). Within 9 months after
1771-receipt of the proposed rules, the Board shall adopt on second
1772-notice, pursuant to Sections 27 and 28 of this Act and the
1773-Illinois Administrative Procedure Act, rules that are
1774-consistent with this subsection (B). Prior to the effective
1775-date of rules adopted under this subsection (B), the
1776-Department of Commerce and Community Affairs (now Department
1777-of Commerce and Economic Opportunity) and the Agency may
1778-conduct reviews of applications under this subsection (B) and
1779-the Agency is further authorized to distribute guidance
1780-
1781-
1782-documents on costs that are eligible or ineligible as
1783-remediation costs.
1784-(Source: P.A. 102-444, eff. 8-20-21.)
1785-Section 5-120. The Radiation Protection Act of 1990 is
1786-amended by changing Section 35 as follows:
1787-(420 ILCS 40/35) (from Ch. 111 1/2, par. 210-35)
1788-(Section scheduled to be repealed on January 1, 2027)
1789-Sec. 35. Radiation Protection Fund.
1790-(a) All moneys received by the Agency under this Act shall
1791-be deposited in the State treasury and shall be set apart in a
1792-special fund to be known as the "Radiation Protection Fund".
1793-All monies within the Radiation Protection Fund shall be
1794-invested by the State Treasurer in accordance with established
1795-investment practices. Interest earned by such investment shall
1796-be returned to the Radiation Protection Fund. Monies deposited
1797-in this Fund shall be expended by the Agency pursuant to
1798-appropriation to support the activities of the Agency under
1799-this Act and as provided in the Laser System Act of 1997 and
1800-the Radon Industry Licensing Act, or to fund any other
1801-administrative or operational costs of the Agency.
1802-(b) (Blank). On August 15, 1997, all moneys remaining in
1803-the Federal Facilities Compliance Fund shall be transferred to
1804-the Radiation Protection Fund.
1805-(Source: P.A. 97-732, eff. 6-30-12.)
1806-
1807-
1808-Section 5-125. The Fire Investigation Act is amended by
1809-changing Section 13.1 as follows:
1810-(425 ILCS 25/13.1) (from Ch. 127 1/2, par. 17.1)
1811-Sec. 13.1. Fire Prevention Fund.
1812-(a) There shall be a special fund in the State Treasury
1813-known as the Fire Prevention Fund.
1814-(b) The following moneys shall be deposited into the Fund:
1815-(1) Moneys received by the Department of Insurance
1816-under Section 12 of this Act.
1817-(2) All fees and reimbursements received by the
1818-Office.
1819-(3) All receipts from boiler and pressure vessel
1820-certification, as provided in Section 13 of the Boiler and
1821-Pressure Vessel Safety Act.
1822-(4) Such other moneys as may be provided by law.
1823-(c) The moneys in the Fire Prevention Fund shall be used,
1824-subject to appropriation, for the following purposes:
1825-(1) Of the moneys deposited into the fund under
1826-Section 12 of this Act, 12.5% shall be available for the
1827-maintenance of the Illinois Fire Service Institute and the
1828-expenses, facilities, and structures incident thereto, and
1829-for making transfers into the General Obligation Bond
1830-Retirement and Interest Fund for debt service requirements
1831-on bonds issued by the State of Illinois after January 1,
1832-
1833-
1834-1986 for the purpose of constructing a training facility
1835-for use by the Institute. An additional 2.5% of the moneys
1836-deposited into the Fire Prevention Fund shall be available
1837-to the Illinois Fire Service Institute for support of the
1838-Cornerstone Training Program.
1839-(2) Of the moneys deposited into the Fund under
1840-Section 12 of this Act, 10% shall be available for the
1841-maintenance of the Chicago Fire Department Training
1842-Program and the expenses, facilities, and structures
1843-incident thereto, in addition to any moneys payable from
1844-the Fund to the City of Chicago pursuant to the Illinois
1845-Fire Protection Training Act.
1846-(3) For making payments to local governmental agencies
1847-and individuals pursuant to Section 10 of the Illinois
1848-Fire Protection Training Act.
1849-(4) For the maintenance and operation of the Office of
1850-the State Fire Marshal, and the expenses incident thereto.
1851-(4.5) For the maintenance, operation, and capital
1852-expenses of the Mutual Aid Box Alarm System (MABAS).
1853-(4.6) For grants awarded under by the Small
1854-Fire-fighting and Ambulance Service Equipment Grant
1855-Program established by Section 2.7 of the State Fire
1856-Marshal Act.
1857-(4.7) For grants awarded under the Fire Station
1858-Rehabilitation and Construction Grant Program established
1859-by Section 2.8 of the State Fire Marshal Act.
1860-
1861-
1862-(5) For any other purpose authorized by law.
1863-(c-5) As soon as possible after April 8, 2008 (the
1864-effective date of Public Act 95-717), the Comptroller shall
1865-order the transfer and the Treasurer shall transfer $2,000,000
1866-from the Fire Prevention Fund to the Fire Service and Small
1867-Equipment Fund, $9,000,000 from the Fire Prevention Fund to
1868-the Fire Truck Revolving Loan Fund, and $4,000,000 from the
1869-Fire Prevention Fund to the Ambulance Revolving Loan Fund.
1870-Beginning on July 1, 2008, each month, or as soon as practical
1871-thereafter, an amount equal to $2 from each fine received
1872-shall be transferred from the Fire Prevention Fund to the Fire
1873-Service and Small Equipment Fund, an amount equal to $1.50
1874-from each fine received shall be transferred from the Fire
1875-Prevention Fund to the Fire Truck Revolving Loan Fund, and an
1876-amount equal to $4 from each fine received shall be
1877-transferred from the Fire Prevention Fund to the Ambulance
1878-Revolving Loan Fund. These moneys shall be transferred from
1879-the moneys deposited into the Fire Prevention Fund pursuant to
1880-Public Act 95-154, together with not more than 25% of any
1881-unspent appropriations from the prior fiscal year. These
1882-moneys may be allocated to the Fire Truck Revolving Loan Fund
1883-and , Ambulance Revolving Loan Fund, and Fire Service and Small
1884-Equipment Fund at the discretion of the Office for the purpose
1885-of implementation of this Act.
1886-(d) Any portion of the Fire Prevention Fund remaining
1887-unexpended at the end of any fiscal year which is not needed
1888-
1889-
1890-for the maintenance and expenses of the Office or the
1891-maintenance and expenses of the Illinois Fire Service
1892-Institute shall remain in the Fire Prevention Fund for the
1893-exclusive and restricted uses provided in subsections (c) and
1894-(c-5) of this Section.
1895-(e) The Office shall keep on file an itemized statement of
1896-all expenses incurred which are payable from the Fund, other
1897-than expenses incurred by the Illinois Fire Service Institute,
1898-and shall approve all vouchers issued therefor before they are
1899-submitted to the State Comptroller for payment. Such vouchers
1900-shall be allowed and paid in the same manner as other claims
1901-against the State.
1902-(Source: P.A. 102-558, eff. 8-20-21; 103-8, eff. 6-7-23.)
1903-Section 5-130. The Illinois Vehicle Code is amended by
1904-changing Section 3-626 as follows:
1905-(625 ILCS 5/3-626)
1906-Sec. 3-626. Korean War Veteran license plates.
1907-(a) In addition to any other special license plate, the
1908-Secretary, upon receipt of all applicable fees and
1909-applications made in the form prescribed by the Secretary of
1910-State, may issue special registration plates designated as
1911-Korean War Veteran license plates to residents of Illinois who
1912-participated in the United States Armed Forces during the
1913-Korean War. The special plate issued under this Section shall
1914-
1915-
1916-be affixed only to passenger vehicles of the first division,
1917-motorcycles, motor vehicles of the second division weighing
1918-not more than 8,000 pounds, and recreational vehicles as
1919-defined by Section 1-169 of this Code. Plates issued under
1920-this Section shall expire according to the staggered
1921-multi-year procedure established by Section 3-414.1 of this
1922-Code.
1923-(b) The design, color, and format of the plates shall be
1924-wholly within the discretion of the Secretary of State. The
1925-Secretary may, in his or her discretion, allow the plates to be
1926-issued as vanity plates or personalized in accordance with
1927-Section 3-405.1 of this Code. The plates are not required to
1928-designate "Land Of Lincoln", as prescribed in subsection (b)
1929-of Section 3-412 of this Code. The Secretary shall prescribe
1930-the eligibility requirements and, in his or her discretion,
1931-shall approve and prescribe stickers or decals as provided
1932-under Section 3-412.
1933-(c) (Blank).
1934-(d) (Blank). The Korean War Memorial Construction Fund is
1935-created as a special fund in the State treasury. All moneys in
1936-the Korean War Memorial Construction Fund shall, subject to
1937-appropriation, be used by the Department of Veterans' Affairs
1938-to provide grants for construction of the Korean War Memorial
1939-to be located at Oak Ridge Cemetery in Springfield, Illinois.
1940-Upon the completion of the Memorial, the Department of
1941-Veterans' Affairs shall certify to the State Treasurer that
1942-
1943-
1944-the construction of the Memorial has been completed. At the
1945-direction of and upon notification of the Secretary of State,
1946-the State Comptroller shall direct and the State Treasurer
1947-shall transfer all moneys in the Fund and any future deposits
1948-into the Fund into the Secretary of State Special License
1949-Plate Fund. Upon completion of the transfer, the Korean War
1950-Memorial Construction Fund is dissolved.
1951-(e) An individual who has been issued Korean War Veteran
1952-license plates for a vehicle and who has been approved for
1953-benefits under the Senior Citizens and Persons with
1954-Disabilities Property Tax Relief Act shall pay the original
1955-issuance and the regular annual fee for the registration of
1956-the vehicle as provided in Section 3-806.3 of this Code.
1957-(Source: P.A. 103-8, eff. 6-7-23.)
1958-(710 ILCS 40/10 rep.)
1959-Section 5-135. The Reviewing Court Alternative Dispute
1960-Resolution Act is amended by repealing Section 10.
1961-Section 5-140. The Unified Code of Corrections is amended
1962-by changing Section 3-4-1 as follows:
1963-(730 ILCS 5/3-4-1) (from Ch. 38, par. 1003-4-1)
1964-Sec. 3-4-1. Gifts and Grants; Special Trusts Funds;
1965-Department of Corrections Reimbursement and Education Fund.
1966-(a) The Department may accept, receive and use, for and in
1967-
1968-
1969-behalf of the State, any moneys, goods or services given for
1970-general purposes of this Code by the federal government or
1971-from any other source, public or private, including
1972-collections from inmates, reimbursement of payments under the
1973-Workers' Compensation Act, and commissions from inmate collect
1974-call telephone systems under an agreement with the Department
1975-of Central Management Services. For these purposes the
1976-Department may comply with such conditions and enter into such
1977-agreements upon such covenants, terms, and conditions as the
1978-Department may deem necessary or desirable, if the agreement
1979-is not in conflict with State law.
1980-(a-5) Beginning January 1, 2018, the Department of Central
1981-Management Services shall contract with the qualified vendor
1982-who proposes the lowest per minute rate not exceeding 7 cents
1983-per minute for debit, prepaid, collect calls and who does not
1984-bill to any party any tax, service charge, or additional fee
1985-exceeding the per minute rate, including, but not limited to,
1986-any per call surcharge, account set up fee, bill statement
1987-fee, monthly account maintenance charge, or refund fee as
1988-established by the Federal Communications Commission Order for
1989-state prisons in the Matter of Rates for Interstate Inmate
1990-Calling Services, Second Report and Order, WC Docket 12-375,
1991-FCC 15-136 (adopted Oct. 22, 2015). Telephone services made
1992-available through a prepaid or collect call system shall
1993-include international calls; those calls shall be made
1994-available at reasonable rates subject to Federal
1995-
1996-
1997-Communications Commission rules and regulations, but not to
1998-exceed 23 cents per minute. Public Act 99-878 applies to any
1999-new or renewal contract for inmate calling services.
2000-(b) The On July 1, 1998, the Department of Corrections
2001-Reimbursement Fund and the Department of Corrections Education
2002-Fund shall be combined into a single fund to be known as the
2003-Department of Corrections Reimbursement and Education Fund,
2004-which is hereby created as a special fund in the State
2005-Treasury. The moneys deposited into the Department of
2006-Corrections Reimbursement and Education Fund shall be
2007-appropriated to the Department of Corrections for the expenses
2008-of the Department.
2009-The following shall be deposited into the Department of
2010-Corrections Reimbursement and Education Fund:
2011-(i) Moneys received or recovered by the Department of
2012-Corrections as reimbursement for expenses incurred for the
2013-incarceration of committed persons.
2014-(ii) Moneys received or recovered by the Department as
2015-reimbursement of payments made under the Workers'
2016-Compensation Act.
2017-(iii) Moneys received by the Department as commissions
2018-from inmate collect call telephone systems.
2019-(iv) Moneys received or recovered by the Department as
2020-reimbursement for expenses incurred by the employment of
2021-persons referred to the Department as participants in the
2022-federal Job Training Partnership Act programs.
2023-
2024-
2025-(v) Federal moneys, including reimbursement and
2026-advances for services rendered or to be rendered and
2027-moneys for other than educational purposes, under grant or
2028-contract.
2029-(vi) Moneys identified for deposit into the Fund under
2030-Section 13-44.4 of the School Code.
2031-(vii) (Blank). Moneys in the Department of Corrections
2032-Reimbursement Fund and the Department of Corrections
2033-Education Fund at the close of business on June 30, 1998.
2034-(c) The Department of Juvenile Justice Reimbursement and
2035-Education Fund is created as a special fund in the State
2036-Treasury. The moneys deposited into the Department of Juvenile
2037-Justice Reimbursement Fund and Education shall be appropriated
2038-to the Department of Juvenile Justice for the expenses of the
2039-Department. The following moneys shall be deposited into the
2040-Department of Juvenile Justice Reimbursement Fund and
2041-Education Fund:
2042-(i) received or recovered by the Department of
2043-Juvenile Justice as reimbursement for expenses incurred
2044-for the incarceration of committed youth;
2045-(ii) received or recovered by the Department as
2046-reimbursement of payments made under the Workers'
2047-Compensation Act;
2048-(iii) received or recovered by the Department as
2049-reimbursement for expenses incurred by the employment of
2050-persons referred to the Department as participants in the
2051-
2052-
2053-federal Job Training Partnership Act programs;
2054-(iv) federal moneys, including reimbursement and
2055-advances for services rendered or to be rendered and
2056-moneys for other than educational purposes, under grant or
2057-contract; and
2058-(v) moneys identified for deposit into the Fund under
2059-Section 13-44.6 of the School Code.
2060-(Source: P.A. 102-350, eff. 8-13-21; 102-699, eff. 7-1-22.)
2061-(730 ILCS 5/3-2-2.1 rep.)
2062-Section 5-145. The Unified Code of Corrections is amended
2063-by repealing Section 3-2-2.1.
2064-Section 5-150. The Sex Offender Registration Act is
2065-amended by changing Section 11 as follows:
2066-(730 ILCS 150/11)
2067-Sec. 11. Offender Registration Fund. There is created the
2068-Offender Registration Fund (formerly known as the Sex Offender
2069-Registration Fund). Moneys in the Fund shall be used to cover
2070-costs incurred by the criminal justice system to administer
2071-this Article and the Murderer and Violent Offender Against
2072-Youth Registration Act, and for purposes as authorized under
2073-this Section. The Illinois State Police shall establish and
2074-promulgate rules and procedures regarding the administration
2075-of this Fund. Fifty percent of the moneys in the Fund shall be
2076-
2077-
2078-allocated by the Department for sheriffs' offices and police
2079-departments. The remaining moneys in the Fund received under
2080-Public Act 101-571 this amendatory Act of the 101st General
2081-Assembly shall be allocated to the Illinois State Police for
2082-education and administration of the Act.
2083-Notwithstanding any other provision of law, in addition to
2084-any other transfers that may be provided by law, on the
2085-effective date of this amendatory Act of the 103rd General
2086-Assembly, or as soon thereafter as practical, the State
2087-Comptroller shall direct and the State Treasurer shall
2088-transfer the remaining balance from the Sex Offender
2089-Investigation Fund to the Offender Registration Fund. Upon
2090-completion of the transfers, the Sex Offender Investigation
2091-Fund is dissolved, and any future deposits into the Sex
2092-Offender Investigation Fund and any outstanding obligations or
2093-liabilities of the Sex Offender Investigation Fund pass to the
2094-Offender Registration Fund.
2095-(Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 6-9-23.)
2096-Article 10.
2097-Section 10-5. The State Budget Law of the Civil
2098-Administrative Code of Illinois is amended by changing Section
2099-50-25 as follows:
2100-(15 ILCS 20/50-25)
2101-
2102-
2103-Sec. 50-25. Statewide prioritized goals.
2104-(a) Definitions. As used in this Section:
2105-"Commission" means the Budgeting for Results Commission
2106-established by this Section.
2107-"Result area" means major organizational categories of
2108-State government as defined by the Governor.
2109-"Outcome area" means subcategories of result areas that
2110-further define, and facilitate the measurement of the result
2111-area, as established by the Governor.
2112-(b) Statewide prioritized goals. For fiscal year 2025 and
2113-each fiscal year thereafter, prior to the submission of the
2114-State budget, the Governor, in consultation with the
2115-Commission established under this Section, shall: (i) identify
2116-statewide result areas that are most important for each State
2117-agency of the executive branch under the jurisdiction of the
2118-Governor to achieve for the next fiscal year and (ii) identify
2119-outcome areas, which further define the statewide result
2120-areas, into which State programs and associated spending can
2121-be categorized. There must be a reasonable number of annually
2122-defined statewide result and outcome areas defining State
2123-priorities for the budget. Each result and outcome shall be
2124-further defined to facilitate success in achieving that result
2125-or outcome.
2126-(c) Budgeting for Results Commission. On or after July 31,
2127-2024, the Governor shall establish an advisory a commission
2128-for the purpose of advising the Governor in the implementation
2129-
2130-
2131-of performance-based budgeting in Illinois State government,
2132-setting statewide result and outcome areas, and providing
2133-oversight and guidance for comprehensive program assessments
2134-and benefit-cost analysis of State agency programs.
2135-(1) Membership. The commission shall be composed of
2136-voting and non-voting members appointed by the Governor.
2137-The commission shall be a well-balanced group and shall be
2138-not more than 15 and not less than 8 members. Members
2139-appointed by the Governor shall serve a three-year term,
2140-beginning and ending on July 1 of each year. Vacancies in
2141-Commission membership shall be filled in the same manner
2142-as initial appointments. Appointments to fill vacancies
2143-occurring before the expiration of a term shall be for the
2144-remainder of the term. Members shall serve until their
2145-successors are appointed.
2146-(2) Bylaws. The commission may adopt bylaws for the
2147-regulation of its affairs and the conduct of its business.
2148-(3) Quorum. Total membership of the Commission
2149-consists of the number of voting members serving on the
2150-Commission, not including any vacant positions. A quorum
2151-consists of a simple majority of total voting membership
2152-and shall be sufficient to conduct the business of the
2153-commission, unless stipulated otherwise in the bylaws of
2154-the commission. A member may submit a proxy in writing to
2155-the Commission Co-Chairs or the Commission Staff Director
2156-no later than 24 hours before a scheduled meeting, and
2157-
2158-
2159-that proxy shall count toward the quorum for that meeting
2160-only.
2161-(4) Chairpersons. Two Co-Chairs of the commission
2162-shall be appointed by the Governor. The Co-Chairs shall be
2163-one member of the General Assembly and one person who is
2164-not a member of the General Assembly.
2165-(5) Meetings. The commission shall hold at least 2
2166-in-person public meetings during each fiscal year. One
2167-meeting shall be held in the City of Chicago and one
2168-meeting shall be held in the City of Springfield. The
2169-commission may choose by a majority vote of its members to
2170-hold one virtual meeting, which is open to the public and
2171-over the Internet, in lieu of the 2 in-person public
2172-meetings required under this Section.
2173-(6) Compensation. Members shall not receive
2174-compensation for their services.
2175-(7) Annual report. By November 1 of each year, the
2176-commission shall submit a report to the Governor and the
2177-General Assembly setting forth recommendations with
2178-respect to the Governor's implementation of
2179-performance-based budgeting in Illinois State government.
2180-The report shall be published on the Governor's Office of
2181-Management and Budget's website. In its report, the
2182-commission shall report on the status of comprehensive
2183-program assessments and benefit cost analysis of state
2184-agency programs conducted during the prior year.
2185-
2186-
2187-The commission shall also review existing statutory
2188-mandates and include in its report recommendations for the
2189-repeal or modification of statutory mandates and funds or the
2190-State treasury which are out-of-date or unduly burdensome to
2191-the operations of State government.
2192-The General Assembly may object to the commission's report
2193-by passing a joint resolution detailing the General Assembly's
2194-objections.
2195-(d) In addition, each other constitutional officer of the
2196-executive branch, in consultation with the appropriation
2197-committees of the General Assembly, shall: (i) prioritize
2198-outcomes that are most important for his or her office to
2199-achieve for the next fiscal year and (ii) set goals to
2200-accomplish those outcomes according to the priority of the
2201-outcome. The Governor and each constitutional officer shall
2202-separately conduct performance analyses to determine which
2203-programs, strategies, and activities will best achieve those
2204-desired outcomes. The Governor shall recommend that
2205-appropriations be made to State agencies and officers for the
2206-next fiscal year based on the agreed upon result and outcome
2207-areas. Each agency and officer may develop its own strategies
2208-for meeting those goals and shall review and analyze those
2209-strategies on a regular basis. The Governor shall also
2210-implement procedures to measure annual progress toward the
2211-State's statewide results and outcomes and shall develop a
2212-statewide reporting system that collects performance data from
2213-
2214-
2215-all programs under the authority of the Governor. Those
2216-performance measures and results shall be posted on the
2217-Governor's Office of Management and Budget website.
2218-(Source: P.A. 102-801, eff. 5-13-22; 103-8, eff. 6-7-23.)
2219-Section 10-15. The High Technology School-to-Work Act is
2220-amended by changing Sections 20 and 40 as follows:
2221-(20 ILCS 701/20)
2222-Sec. 20. Coordination with economic development
2223-activities. The Department may must coordinate the
2224-administration of the High Technology School-to-Work Program,
2225-including the targeting of projects, with the Department's
2226-technology related planning and economic development
2227-initiatives.
2228-(Source: P.A. 92-250, eff. 8-3-01.)
2229-(20 ILCS 701/40)
2230-Sec. 40. Duties. The Department may has the following
2231-duties:
2232-(1) Establish To establish and coordinate the High
2233-Technology School-to-Work Program.
2234-(2) Subject to appropriations, to make grants to local
2235-partnerships to administer high technology school-to-work
2236-projects.
2237-(3) Periodically To periodically identify high
2238-
2239-
2240-technology industries and occupations for which training
2241-programs may be developed pursuant to the requirements of
2242-this Act.
2243-(4) Issue To issue guidelines for submitting grant
2244-applications.
2245-(5) Adopt To adopt, amend, or repeal any rules that
2246-may be necessary to administer this Act.
2247-(Source: P.A. 92-250, eff. 8-3-01.)
2248-(20 ILCS 605/605-360 rep.)
2249-Section 10-17. The Department of Commerce and Economic
2250-Opportunity Law of the Civil Administrative Code of Illinois
2251-is amended by repealing Section 605-360.
2252-(20 ILCS 1305/10-63 rep.)
2253-Section 10-20. The Department of Human Services Act is
2254-amended by repealing Section 10-63.
2255-(20 ILCS 2335/Act rep.)
2256-Section 10-25. The Community Health Worker Advisory Board
2257-Act is repealed.
2258-Section 10-30. The Department of Veterans' Affairs Act is
2259-amended by changing Sections 2.07 and 2.13 as follows:
2260-(20 ILCS 2805/2.07) (from Ch. 126 1/2, par. 67.07)
2261-
2262-
2263-Sec. 2.07. The Department shall employ and maintain
2264-sufficient and qualified staff at the veterans' homes (i) to
2265-fill all beds, subject to appropriation, and (ii) to fulfill
2266-the requirements of this Act. The Department shall report to
2267-the General Assembly, by February January 1, for the reporting
2268-period of July 1 through December 31, and August July 1, for
2269-the reporting period of January 1 through June 30, of each
2270-year, the number of staff employed in providing direct patient
2271-care at their veterans' homes, the compliance or noncompliance
2272-with staffing standards established by the United States
2273-Department of Veterans Affairs for such care, and in the event
2274-of noncompliance with such standards, the number of staff
2275-required for compliance. For purposes of this Section, a nurse
2276-who has a license application pending with the State shall not
2277-be deemed unqualified by the Department if the nurse is in
2278-compliance with Section 50-15 of the Nurse Practice Act.
2279-A veterans home is subject to the Health Care Violence
2280-Prevention Act.
2281-(Source: P.A. 100-1051, eff. 1-1-19.)
2282-(20 ILCS 2805/2.13)
2283-Sec. 2.13. Veterans Homes; complaints; communicable
2284-disease reports.
2285-(a) As used in this Section:
2286-"Case" means a person that lived as a resident in a
2287-Veterans Home and had an illness due to a communicable
2288-
2289-
2290-disease.
2291-"Communicable disease" means an illness due to a specific
2292-infectious agent or its toxic products that arises through
2293-transmission of that agent or its products from an infected
2294-person, animal, or inanimate source to a susceptible host,
2295-either directly or indirectly, through an intermediate plant
2296-or animal host, a vector, or the inanimate environment.
2297-(b) The Department shall submit a bi-annual report to the
2298-General Assembly by February January 1, for the reporting
2299-period of July 1 through December 31, and August July 1, for
2300-the reporting period of January 1 through June 30, of each year
2301-about the health and welfare of residents at Veterans Homes.
2302-The report shall be filed electronically with the General
2303-Assembly, as provided under Section 3.1 of the General
2304-Assembly Organization Act, and shall be provided
2305-electronically to any member of the General Assembly upon
2306-request. Each report shall include, but not be limited to, the
2307-following:
2308-(1) the number and nature of complaints made by
2309-residents, a resident's emergency contacts or next of kin,
2310-or a resident's power of attorney during the quarter;
2311-(2) information on any epidemic reported at a Veterans
2312-Home during the quarter; and
2313-(3) the number of cases and information on the cases,
2314-including, but not limited to, any dates a resident showed
2315-signs and symptoms of having a communicable disease, any
2316-
2317-
2318-dates of a confirmed diagnosis of any resident with a
2319-communicable disease, and the action taken by the Veterans
2320-Home to eradicate the spread of communicable disease,
2321-during the quarter.
2322-(Source: P.A. 100-1103, eff. 8-27-18.)
2323-Section 10-35. The Governor's Office of Management and
2324-Budget Act is amended by changing Section 5.1 as follows:
2325-(20 ILCS 3005/5.1) (from Ch. 127, par. 415)
2326-Sec. 5.1. Under such regulations as the Governor may
2327-prescribe, every State agency, other than State colleges and
2328-universities, agencies of legislative and judicial branches of
2329-State government, and elected State executive officers not
2330-including the Governor, shall file with the Commission on
2331-Government Forecasting and Accountability all applications for
2332-federal grants, contracts and agreements. The Commission on
2333-Government Forecasting and Accountability shall immediately
2334-forward all such materials to the Office for the Office's
2335-approval. Any application for federal funds which has not
2336-received Office approval shall be considered void and any
2337-funds received as a result of such application shall be
2338-returned to the federal government before they are spent. Each
2339-State agency subject to this Section shall, at least 45 days
2340-before submitting its application to the federal agency,
2341-report in detail to the Commission on Government Forecasting
2342-
2343-
2344-and Accountability what the grant is intended to accomplish
2345-and the specific plans for spending the federal dollars
2346-received pursuant to the grant. The Commission on Government
2347-Forecasting and Accountability shall immediately review such
2348-forward such materials to the Office. The Office may approve
2349-the submission of an application to the federal agency in less
2350-than 45 days after its receipt by the Office when the Office
2351-determines that the circumstances require an expedited
2352-application. Such reports of applications and plans of
2353-expenditure, which shall include but shall not be limited to:
2354-(1) an estimate of both the direct and indirect costs
2355-in non-federal revenues of participation in the federal
2356-program;
2357-(2) the probable length of duration of the program, a
2358-schedule of fund receipts and an estimate of the cost to
2359-the State of maintaining the program if and when the
2360-federal financial assistance or grant is terminated;
2361-(3) a list of State or local agencies utilizing the
2362-financial assistance as direct recipients or subgrantees;
2363-(4) a description of each program proposed to be
2364-funded by the financial assistance or grant; and
2365-(5) a description of any financial, program or
2366-planning commitment on the part of the State required by
2367-the federal government as a requirement for receipt of the
2368-financial assistance or grant.
2369-All State agencies subject to this Section shall
2370-
2371-
2372-immediately file with the Commission on Government Forecasting
2373-and Accountability any awards of federal funds and any and all
2374-changes in the programs, in awards, in program duration, in
2375-schedule of fund receipts, and in estimated costs to the State
2376-of maintaining the program if and when federal assistance is
2377-terminated, or in direct and indirect costs, of any grant
2378-under which they are or expect to be receiving federal funds.
2379-The Commission on Government Forecasting and Accountability
2380-shall immediately forward such materials to the Office.
2381-The Office in cooperation with the Commission on
2382-Government Forecasting and Accountability shall develop
2383-standard forms and a system of identifying numbers for the
2384-applications and reports required by this Section. Upon
2385-receipt from the State agencies of each application and
2386-report, the Commission on Government Forecasting and
2387-Accountability shall promptly designate the appropriate
2388-identifying number therefor and communicate such number to the
2389-respective State agency, the Comptroller and the Office.
2390-Each State agency subject to this Section shall include in
2391-each report to the Comptroller of the receipt of federal funds
2392-the identifying number applicable to the grant under which
2393-such funds are received.
2394-(Source: P.A. 100-1148, eff. 12-10-18.)
2395-Section 10-40. The Legislative Commission Reorganization
2396-Act of 1984 is amended by changing Section 4-2.1 as follows:
2397-
2398-
2399-(25 ILCS 130/4-2.1)
2400-Sec. 4-2.1. Federal program functions. The Commission on
2401-Government Forecasting and Accountability is established as
2402-the information center for the General Assembly in the field
2403-of federal-state relations and as State Central Information
2404-Reception Agency for the purpose of receiving information from
2405-federal agencies under the United States Office of Management
2406-and Budget circular A-98 and the United States Department of
2407-the Treasury Circular TC-1082 or any successor circulars
2408-promulgated under authority of the United States
2409-Inter-governmental Cooperation Act of 1968. Its powers and
2410-duties in this capacity include, but are not limited to:
2411-(a) Compiling and maintaining current information on
2412-available and pending federal aid programs for the use of
2413-the General Assembly and legislative agencies;
2414-(b) Analyzing the relationship of federal aid programs
2415-with state and locally financed programs, and assessing
2416-the impact of federal aid programs on the State generally;
2417-(c) Reporting annually to the General Assembly on the
2418-adequacy of programs financed by federal aid in the State,
2419-the types and nature of federal aid programs in which
2420-State agencies or local governments did not participate,
2421-and to make recommendations on such matters;
2422-(d) Cooperating with the Governor's Office of
2423-Management and Budget and with any State of Illinois
2424-
2425-
2426-offices located in Washington, D.C., in obtaining
2427-information concerning federal grant-in-aid legislation
2428-and proposals having an impact on the State of Illinois;
2429-(e) (Blank); Cooperating with the Governor's Office of
2430-Management and Budget in developing forms and identifying
2431-number systems for the documentation of applications,
2432-awards, receipts and expenditures of federal funds by
2433-State agencies;
2434-(f) Receiving from every State agency, other than
2435-State colleges and universities, agencies of legislative
2436-and judicial branches of State government, and elected
2437-State executive officers not including the Governor, all
2438-applications for federal grants, contracts and agreements
2439-and notification of any awards of federal funds and any
2440-and all changes in the programs, in awards, in program
2441-duration, in schedule of fund receipts, and in estimated
2442-costs to the State of maintaining the program if and when
2443-federal assistance is terminated, or in direct and
2444-indirect costs, of any grant under which they are or
2445-expect to be receiving federal funds;
2446-(g) (Blank); and Forwarding to the Governor's Office
2447-of Management and Budget all documents received under
2448-paragraph (f) after assigning an appropriate, State
2449-application identifier number to all applications; and
2450-(h) Reporting such information as is received under
2451-subparagraph (f) to the President and Minority Leader of
2452-
2453-
2454-the Senate and the Speaker and Minority Leader of the
2455-House of Representatives and their respective
2456-appropriation staffs and to any member of the General
2457-Assembly on a monthly basis at the request of the member.
2458-The State colleges and universities, the agencies of the
2459-legislative and judicial branches of State government, and the
2460-elected State executive officers, not including the Governor,
2461-shall submit to the Commission on Government Forecasting and
2462-Accountability, in a manner prescribed by the Commission on
2463-Government Forecasting and Accountability, summaries of
2464-applications for federal funds filed and grants of federal
2465-funds awarded.
2466-(Source: P.A. 100-1148, eff. 12-10-18.)
2467-Section 10-45. The Grant Accountability and Transparency
2468-Act is amended by changing Sections 15 and 45 as follows:
2469-(30 ILCS 708/15)
2470-Sec. 15. Definitions. As used in this Act:
2471-"Allowable cost" means a cost allowable to a project if:
2472-(1) the costs are reasonable and necessary for the
2473-performance of the award;
2474-(2) the costs are allocable to the specific project;
2475-(3) the costs are treated consistently in like
2476-circumstances to both federally-financed and other
2477-activities of the non-federal entity;
2478-
2479-
2480-(4) the costs conform to any limitations of the cost
2481-principles or the sponsored agreement;
2482-(5) the costs are accorded consistent treatment; a
2483-cost may not be assigned to a State or federal award as a
2484-direct cost if any other cost incurred for the same
2485-purpose in like circumstances has been allocated to the
2486-award as an indirect cost;
2487-(6) the costs are determined to be in accordance with
2488-generally accepted accounting principles;
2489-(7) the costs are not included as a cost or used to
2490-meet federal cost-sharing or matching requirements of any
2491-other program in either the current or prior period;
2492-(8) the costs of one State or federal grant are not
2493-used to meet the match requirements of another State or
2494-federal grant; and
2495-(9) the costs are adequately documented.
2496-"Auditee" means any non-federal entity that expends State
2497-or federal awards that must be audited.
2498-"Auditor" means an auditor who is a public accountant or a
2499-federal, State, or local government audit organization that
2500-meets the general standards specified in generally-accepted
2501-government auditing standards. "Auditor" does not include
2502-internal auditors of nonprofit organizations.
2503-"Auditor General" means the Auditor General of the State
2504-of Illinois.
2505-"Award" means financial assistance that provides support
2506-
2507-
2508-or stimulation to accomplish a public purpose. "Awards"
2509-include grants and other agreements in the form of money, or
2510-property in lieu of money, by the State or federal government
2511-to an eligible recipient. "Award" does not include: technical
2512-assistance that provides services instead of money; other
2513-assistance in the form of loans, loan guarantees, interest
2514-subsidies, or insurance; direct payments of any kind to
2515-individuals; or contracts that must be entered into and
2516-administered under State or federal procurement laws and
2517-regulations.
2518-"Budget" means the financial plan for the project or
2519-program that the awarding agency or pass-through entity
2520-approves during the award process or in subsequent amendments
2521-to the award. It may include the State or federal and
2522-non-federal share or only the State or federal share, as
2523-determined by the awarding agency or pass-through entity.
2524-"Catalog of Federal Domestic Assistance" or "CFDA" means a
2525-database that helps the federal government track all programs
2526-it has domestically funded.
2527-"Catalog of Federal Domestic Assistance number" or "CFDA
2528-number" means the number assigned to a federal program in the
2529-CFDA.
2530-"Catalog of State Financial Assistance" means the single,
2531-authoritative, statewide, comprehensive source document of
2532-State financial assistance program information maintained by
2533-the Governor's Office of Management and Budget.
2534-
2535-
2536-"Catalog of State Financial Assistance Number" means the
2537-number assigned to a State program in the Catalog of State
2538-Financial Assistance. The first 3 digits represent the State
2539-agency number and the last 4 digits represent the program.
2540-"Cluster of programs" means a grouping of closely related
2541-programs that share common compliance requirements. The types
2542-of clusters of programs are research and development, student
2543-financial aid, and other clusters. A "cluster of programs"
2544-shall be considered as one program for determining major
2545-programs and, with the exception of research and development,
2546-whether a program-specific audit may be elected.
2547-"Cognizant agency for audit" means the federal agency
2548-designated to carry out the responsibilities described in 2
2549-CFR 200.513(a).
2550-"Contract" means a legal instrument by which a non-federal
2551-entity purchases property or services needed to carry out the
2552-project or program under an award. "Contract" does not include
2553-a legal instrument, even if the non-federal entity considers
2554-it a contract, when the substance of the transaction meets the
2555-definition of an award or subaward.
2556-"Contractor" means an entity that receives a contract.
2557-"Cooperative agreement" means a legal instrument of
2558-financial assistance between an awarding agency or
2559-pass-through entity and a non-federal entity that:
2560-(1) is used to enter into a relationship with the
2561-principal purpose of transferring anything of value from
2562-
2563-
2564-the awarding agency or pass-through entity to the
2565-non-federal entity to carry out a public purpose
2566-authorized by law, but is not used to acquire property or
2567-services for the awarding agency's or pass-through
2568-entity's direct benefit or use; and
2569-(2) is distinguished from a grant in that it provides
2570-for substantial involvement between the awarding agency or
2571-pass-through entity and the non-federal entity in carrying
2572-out the activity contemplated by the award.
2573-"Cooperative agreement" does not include a cooperative
2574-research and development agreement, nor an agreement that
2575-provides only direct cash assistance to an individual, a
2576-subsidy, a loan, a loan guarantee, or insurance.
2577-"Corrective action" means action taken by the auditee that
2578-(i) corrects identified deficiencies, (ii) produces
2579-recommended improvements, or (iii) demonstrates that audit
2580-findings are either invalid or do not warrant auditee action.
2581-"Cost objective" means a program, function, activity,
2582-award, organizational subdivision, contract, or work unit for
2583-which cost data is desired and for which provision is made to
2584-accumulate and measure the cost of processes, products, jobs,
2585-and capital projects. A "cost objective" may be a major
2586-function of the non-federal entity, a particular service or
2587-project, an award, or an indirect cost activity.
2588-"Cost sharing" means the portion of project costs not paid
2589-by State or federal funds, unless otherwise authorized by
2590-
2591-
2592-statute.
2593-"Development" is the systematic use of knowledge and
2594-understanding gained from research directed toward the
2595-production of useful materials, devices, systems, or methods,
2596-including design and development of prototypes and processes.
2597-"Data Universal Numbering System number" means the 9-digit
2598-number established and assigned by Dun and Bradstreet, Inc. to
2599-uniquely identify entities and, under federal law, is required
2600-for non-federal entities to apply for, receive, and report on
2601-a federal award.
2602-"Direct costs" means costs that can be identified
2603-specifically with a particular final cost objective, such as a
2604-State or federal or federal pass-through award or a particular
2605-sponsored project, an instructional activity, or any other
2606-institutional activity, or that can be directly assigned to
2607-such activities relatively easily with a high degree of
2608-accuracy.
2609-"Equipment" means tangible personal property (including
2610-information technology systems) having a useful life of more
2611-than one year and a per-unit acquisition cost that equals or
2612-exceeds the lesser of the capitalization level established by
2613-the non-federal entity for financial statement purposes, or
2614-$5,000.
2615-"Executive branch" means that branch of State government
2616-that is under the jurisdiction of the Governor.
2617-"Federal agency" has the meaning provided for "agency"
2618-
2619-
2620-under 5 U.S.C. 551(1) together with the meaning provided for
2621-"agency" by 5 U.S.C. 552(f).
2622-"Federal award" means:
2623-(1) the federal financial assistance that a
2624-non-federal entity receives directly from a federal
2625-awarding agency or indirectly from a pass-through entity;
2626-(2) the cost-reimbursement contract under the Federal
2627-Acquisition Regulations that a non-federal entity receives
2628-directly from a federal awarding agency or indirectly from
2629-a pass-through entity; or
2630-(3) the instrument setting forth the terms and
2631-conditions when the instrument is the grant agreement,
2632-cooperative agreement, other agreement for assistance
2633-covered in 2 CFR 200, Subpart A, Acronyms and Definitions
2634-paragraph (b) of 20 CFR 200.40, or the cost-reimbursement
2635-contract awarded under the Federal Acquisition
2636-Regulations.
2637-"Federal award" does not include other contracts that a
2638-federal agency uses to buy goods or services from a contractor
2639-or a contract to operate federal government owned,
2640-contractor-operated facilities.
2641-"Federal awarding agency" means the federal agency that
2642-provides a federal award directly to a non-federal entity.
2643-"Federal interest" means, for purposes of 2 CFR 200,
2644-Subpart D, Post Federal Award Requirements (Performance and
2645-Financial Monitoring and Reporting) 2 CFR 200.329 or when used
2646-
2647-
2648-in connection with the acquisition or improvement of real
2649-property, equipment, or supplies under a federal award, the
2650-dollar amount that is the product of the federal share of total
2651-project costs and current fair market value of the property,
2652-improvements, or both, to the extent the costs of acquiring or
2653-improving the property were included as project costs.
2654-"Federal program" means any of the following:
2655-(1) All federal awards which are assigned a single
2656-number in the CFDA.
2657-(2) When no CFDA number is assigned, all federal
2658-awards to non-federal entities from the same agency made
2659-for the same purpose should be combined and considered one
2660-program.
2661-(3) Notwithstanding paragraphs (1) and (2) of this
2662-definition, a cluster of programs. The types of clusters
2663-of programs are:
2664-(A) research and development;
2665-(B) student financial aid; and
2666-(C) "other clusters", as described in the
2667-definition of "cluster of programs".
2668-"Federal share" means the portion of the total project
2669-costs that are paid by federal funds.
2670-"Final cost objective" means a cost objective which has
2671-allocated to it both direct and indirect costs and, in the
2672-non-federal entity's accumulation system, is one of the final
2673-accumulation points, such as a particular award, internal
2674-
2675-
2676-project, or other direct activity of a non-federal entity.
2677-"Financial assistance" means the following:
2678-(1) For grants and cooperative agreements, "financial
2679-assistance" means assistance that non-federal entities
2680-receive or administer in the form of:
2681-(A) grants;
2682-(B) cooperative agreements;
2683-(C) non-cash contributions or donations of
2684-property, including donated surplus property;
2685-(D) direct appropriations;
2686-(E) food commodities; and
2687-(F) other financial assistance, except assistance
2688-listed in paragraph (2) of this definition.
2689-(2) "Financial assistance" includes assistance that
2690-non-federal entities receive or administer in the form of
2691-loans, loan guarantees, interest subsidies, and insurance.
2692-(3) "Financial assistance" does not include amounts
2693-received as reimbursement for services rendered to
2694-individuals.
2695-"Fixed amount awards" means a type of grant agreement
2696-under which the awarding agency or pass-through entity
2697-provides a specific level of support without regard to actual
2698-costs incurred under the award. "Fixed amount awards" reduce
2699-some of the administrative burden and record-keeping
2700-requirements for both the non-federal entity and awarding
2701-agency or pass-through entity. Accountability is based
2702-
2703-
2704-primarily on performance and results.
2705-"Foreign public entity" means:
2706-(1) a foreign government or foreign governmental
2707-entity;
2708-(2) a public international organization that is
2709-entitled to enjoy privileges, exemptions, and immunities
2710-as an international organization under the International
2711-Organizations Immunities Act (22 U.S.C. 288-288f);
2712-(3) an entity owned, in whole or in part, or
2713-controlled by a foreign government; or
2714-(4) any other entity consisting wholly or partially of
2715-one or more foreign governments or foreign governmental
2716-entities.
2717-"Foreign organization" means an entity that is:
2718-(1) a public or private organization located in a
2719-country other than the United States and its territories
2720-that are subject to the laws of the country in which it is
2721-located, irrespective of the citizenship of project staff
2722-or place of performance;
2723-(2) a private nongovernmental organization located in
2724-a country other than the United States that solicits and
2725-receives cash contributions from the general public;
2726-(3) a charitable organization located in a country
2727-other than the United States that is nonprofit and tax
2728-exempt under the laws of its country of domicile and
2729-operation, but is not a university, college, accredited
2730-
2731-
2732-degree-granting institution of education, private
2733-foundation, hospital, organization engaged exclusively in
2734-research or scientific activities, church, synagogue,
2735-mosque, or other similar entity organized primarily for
2736-religious purposes; or
2737-(4) an organization located in a country other than
2738-the United States not recognized as a Foreign Public
2739-Entity.
2740-"Generally Accepted Accounting Principles" has the meaning
2741-provided in accounting standards issued by the Government
2742-Accounting Standards Board and the Financial Accounting
2743-Standards Board.
2744-"Generally Accepted Government Auditing Standards" means
2745-generally accepted government auditing standards issued by the
2746-Comptroller General of the United States that are applicable
2747-to financial audits.
2748-"Grant agreement" means a legal instrument of financial
2749-assistance between an awarding agency or pass-through entity
2750-and a non-federal entity that:
2751-(1) is used to enter into a relationship, the
2752-principal purpose of which is to transfer anything of
2753-value from the awarding agency or pass-through entity to
2754-the non-federal entity to carry out a public purpose
2755-authorized by law and not to acquire property or services
2756-for the awarding agency or pass-through entity's direct
2757-benefit or use; and
2758-
2759-
2760-(2) is distinguished from a cooperative agreement in
2761-that it does not provide for substantial involvement
2762-between the awarding agency or pass-through entity and the
2763-non-federal entity in carrying out the activity
2764-contemplated by the award.
2765-"Grant agreement" does not include an agreement that
2766-provides only direct cash assistance to an individual, a
2767-subsidy, a loan, a loan guarantee, or insurance.
2768-"Grant application" means a specified form that is
2769-completed by a non-federal entity in connection with a request
2770-for a specific funding opportunity or a request for financial
2771-support of a project or activity.
2772-"Hospital" means a facility licensed as a hospital under
2773-the law of any state or a facility operated as a hospital by
2774-the United States, a state, or a subdivision of a state.
2775-"Illinois Debarred and Suspended List" means the list
2776-maintained by the Governor's Office of Management and Budget
2777-that contains the names of those individuals and entities that
2778-are ineligible, either temporarily or permanently, from
2779-receiving an award of grant funds from the State.
2780-"Indirect cost" means those costs incurred for a common or
2781-joint purpose benefitting more than one cost objective and not
2782-readily assignable to the cost objectives specifically
2783-benefitted without effort disproportionate to the results
2784-achieved.
2785-"Inspector General" means the Office of the Executive
2786-
2787-
2788-Inspector General for Executive branch agencies.
2789-"Loan" means a State or federal loan or loan guarantee
2790-received or administered by a non-federal entity. "Loan" does
2791-not include a "program income" as defined in 2 CFR 200, Subpart
2792-A, Acronyms and Definitions 2 CFR 200.80.
2793-"Loan guarantee" means any State or federal government
2794-guarantee, insurance, or other pledge with respect to the
2795-payment of all or a part of the principal or interest on any
2796-debt obligation of a non-federal borrower to a non-federal
2797-lender, but does not include the insurance of deposits,
2798-shares, or other withdrawable accounts in financial
2799-institutions.
2800-"Local government" has the meaning provided for the term
2801-"units of local government" under Section 1 of Article VII of
2802-the Illinois Constitution and includes school districts.
2803-"Major program" means a federal program determined by the
2804-auditor to be a major program in accordance with 2 CFR 200.518
2805-or a program identified as a major program by a federal
2806-awarding agency or pass-through entity in accordance with 2
2807-CFR 200.503(e).
2808-"Non-federal entity" means a state, local government,
2809-Indian tribe, institution of higher education, or
2810-organization, whether nonprofit or for-profit, that carries
2811-out a State or federal award as a recipient or subrecipient.
2812-"Nonprofit organization" means any corporation, trust,
2813-association, cooperative, or other organization, not including
2814-
2815-
2816-institutions of higher education, that:
2817-(1) is operated primarily for scientific, educational,
2818-service, charitable, or similar purposes in the public
2819-interest;
2820-(2) is not organized primarily for profit; and
2821-(3) uses net proceeds to maintain, improve, or expand
2822-the operations of the organization.
2823-"Obligations", when used in connection with a non-federal
2824-entity's utilization of funds under an award, means orders
2825-placed for property and services, contracts and subawards
2826-made, and similar transactions during a given period that
2827-require payment by the non-federal entity during the same or a
2828-future period.
2829-"Office of Management and Budget" means the Office of
2830-Management and Budget of the Executive Office of the
2831-President.
2832-"Other clusters" has the meaning provided by the federal
2833-Office of Management and Budget in the compliance supplement
2834-or has the meaning as it is designated by a state for federal
2835-awards the state provides to its subrecipients that meet the
2836-definition of a cluster of programs. When designating an
2837-"other cluster", a state must identify the federal awards
2838-included in the cluster and advise the subrecipients of
2839-compliance requirements applicable to the cluster.
2840-"Oversight agency for audit" means the federal awarding
2841-agency that provides the predominant amount of funding
2842-
2843-
2844-directly to a non-federal entity not assigned a cognizant
2845-agency for audit. When there is no direct funding, the
2846-awarding agency that is the predominant source of pass-through
2847-funding must assume the oversight responsibilities. The duties
2848-of the oversight agency for audit and the process for any
2849-reassignments are described in 2 CFR 200.513(b).
2850-"Pass-through entity" means a non-federal entity that
2851-provides a subaward to a subrecipient to carry out part of a
2852-program.
2853-"Private award" means an award from a person or entity
2854-other than a State or federal entity. Private awards are not
2855-subject to the provisions of this Act.
2856-"Property" means real property or personal property.
2857-"Project cost" means total allowable costs incurred under
2858-an award and all required cost sharing and voluntary committed
2859-cost sharing, including third-party contributions.
2860-"Public institutions of higher education" has the meaning
2861-provided in Section 1 of the Board of Higher Education Act.
2862-"Recipient" means a non-federal entity that receives an
2863-award directly from an awarding agency to carry out an
2864-activity under a program. "Recipient" does not include
2865-subrecipients.
2866-"Research and Development" means all research activities,
2867-both basic and applied, and all development activities that
2868-are performed by non-federal entities.
2869-"Single Audit Act" means the federal Single Audit Act
2870-
2871-
2872-Amendments of 1996 (31 U.S.C. 7501-7507).
2873-"State agency" means an Executive branch agency. For
2874-purposes of this Act, "State agency" does not include public
2875-institutions of higher education.
2876-"State award" means the financial assistance that a
2877-non-federal entity receives from the State and that is funded
2878-with either State funds or federal funds; in the latter case,
2879-the State is acting as a pass-through entity.
2880-"State awarding agency" means a State agency that provides
2881-an award to a non-federal entity.
2882-"State grant-making agency" has the same meaning as "State
2883-awarding agency".
2884-"State interest" means the acquisition or improvement of
2885-real property, equipment, or supplies under a State award, the
2886-dollar amount that is the product of the State share of the
2887-total project costs and current fair market value of the
2888-property, improvements, or both, to the extent the costs of
2889-acquiring or improving the property were included as project
2890-costs.
2891-"State program" means any of the following:
2892-(1) All State awards which are assigned a single
2893-number in the Catalog of State Financial Assistance.
2894-(2) When no Catalog of State Financial Assistance
2895-number is assigned, all State awards to non-federal
2896-entities from the same agency made for the same purpose
2897-are considered one program.
2898-
2899-
2900-(3) A cluster of programs as defined in this Section.
2901-"State share" means the portion of the total project costs
2902-that are paid by State funds.
2903-"Stop payment order" means a communication from a State
2904-grant-making agency to the Office of the Comptroller,
2905-following procedures set out by the Office of the Comptroller,
2906-causing the cessation of payments to a recipient or
2907-subrecipient as a result of the recipient's or subrecipient's
2908-failure to comply with one or more terms of the grant or
2909-subaward.
2910-"Stop payment procedure" means the procedure created by
2911-the Office of the Comptroller which effects a stop payment
2912-order and the lifting of a stop payment order upon the request
2913-of the State grant-making agency.
2914-"Student Financial Aid" means federal awards under those
2915-programs of general student assistance, such as those
2916-authorized by Title IV of the Higher Education Act of 1965, as
2917-amended (20 U.S.C. 1070-1099d), that are administered by the
2918-United States Department of Education and similar programs
2919-provided by other federal agencies. "Student Financial Aid"
2920-does not include federal awards under programs that provide
2921-fellowships or similar federal awards to students on a
2922-competitive basis or for specified studies or research.
2923-"Subaward" means a State or federal award provided by a
2924-pass-through entity to a subrecipient for the subrecipient to
2925-carry out part of a federal award received by the pass-through
2926-
2927-
2928-entity. "Subaward" does not include payments to a contractor
2929-or payments to an individual that is a beneficiary of a federal
2930-program. A "subaward" may be provided through any form of
2931-legal agreement, including an agreement that the pass-through
2932-entity considers a contract.
2933-"Subrecipient" means a non-federal entity that receives a
2934-State or federal subaward from a pass-through entity to carry
2935-out part of a federal program. "Subrecipient" does not include
2936-an individual that is a beneficiary of such program. A
2937-"subrecipient" may also be a recipient of other State or
2938-federal awards directly from a State or federal awarding
2939-agency.
2940-"Suspension" means a post-award action by the State or
2941-federal agency or pass-through entity that temporarily
2942-withdraws the State or federal agency's or pass-through
2943-entity's financial assistance sponsorship under an award,
2944-pending corrective action by the recipient or subrecipient or
2945-pending a decision to terminate the award.
2946-"Uniform Administrative Requirements, Costs Principles,
2947-and Audit Requirements for Federal Awards" means those rules
2948-applicable to grants contained in 2 CFR 200.
2949-"Voluntary committed cost sharing" means cost sharing
2950-specifically pledged on a voluntary basis in the proposal's
2951-budget or the award on the part of the non-federal entity and
2952-that becomes a binding requirement of the award.
2953-(Source: P.A. 100-997, eff. 8-20-18.)
2954-
2955-
2956-(30 ILCS 708/45)
2957-Sec. 45. Applicability.
2958-(a) Except as otherwise provided in this Section, the
2959-requirements established under this Act apply to State
2960-grant-making agencies that make State and federal pass-through
2961-awards to non-federal entities. These requirements apply to
2962-all costs related to State and federal pass-through awards.
2963-The requirements established under this Act do not apply to
2964-private awards, to allocations of State revenues paid over by
2965-the Comptroller to units of local government and other taxing
2966-districts pursuant to the State Revenue Sharing Act from the
2967-Local Government Distributive Fund or the Personal Property
2968-Tax Replacement Fund, to allotments of State motor fuel tax
2969-revenues distributed by the Department of Transportation to
2970-units of local government pursuant to the Motor Fuel Tax Law
2971-from the Motor Fuel Tax Fund or the Transportation Renewal
2972-Fund, or to awards, including capital appropriated funds, made
2973-by the Department of Transportation to units of local
2974-government for the purposes of transportation projects
2975-utilizing State funds, federal funds, or both State and
2976-federal funds. This Act shall recognize that federal and
2977-federal pass-through awards from the Department of
2978-Transportation to units of local government are governed by
2979-and must comply with federal guidelines under 2 CFR Part 200.
2980-The changes made by this amendatory Act of the 102nd
2981-
2982-
2983-General Assembly apply to pending actions as well as actions
2984-commenced on or after the effective date of this amendatory
2985-Act of the 102nd General Assembly.
2986-(a-5) Nothing in this Act shall prohibit the use of State
2987-funds for purposes of federal match or maintenance of effort.
2988-(b) The terms and conditions of State, federal, and
2989-pass-through awards apply to subawards and subrecipients
2990-unless a particular Section of this Act or the terms and
2991-conditions of the State or federal award specifically indicate
2992-otherwise. Non-federal entities shall comply with requirements
2993-of this Act regardless of whether the non-federal entity is a
2994-recipient or subrecipient of a State or federal pass-through
2995-award. Pass-through entities shall comply with the
2996-requirements set forth under the rules adopted under
2997-subsection (a) of Section 20 of this Act, but not to any
2998-requirements in this Act directed towards State or federal
2999-awarding agencies, unless the requirements of the State or
3000-federal awards indicate otherwise.
3001-When a non-federal entity is awarded a cost-reimbursement
3002-contract, only 2 CFR 200, Subpart D, Post Federal Award
3003-Requirements (Subrecipient Monitoring and Management) 2 CFR
3004-200.330 through 200.332 are incorporated by reference into the
3005-contract. However, when the Cost Accounting Standards are
3006-applicable to the contract, they take precedence over the
3007-requirements of this Act unless they are in conflict with
3008-Subpart F of 2 CFR 200. In addition, costs that are made
3009-
3010-
3011-unallowable under 10 U.S.C. 2324(e) and 41 U.S.C. 4304(a), as
3012-described in the Federal Acquisition Regulations, subpart 31.2
3013-and subpart 31.603, are always unallowable. For requirements
3014-other than those covered in Subpart D of 2 CFR 200, Subpart D,
3015-Post Federal Award Requirements(Subrecipient Monitoring and
3016-Management) 2 CFR 200.330 through 200.332, the terms of the
3017-contract and the Federal Acquisition Regulations apply.
3018-With the exception of Subpart F of 2 CFR 200, which is
3019-required by the Single Audit Act, in any circumstances where
3020-the provisions of federal statutes or regulations differ from
3021-the provisions of this Act, the provision of the federal
3022-statutes or regulations govern. This includes, for agreements
3023-with Indian tribes, the provisions of the Indian
3024-Self-Determination and Education and Assistance Act, as
3025-amended, 25 U.S.C. 450-458ddd-2.
3026-(c) State grant-making agencies may apply subparts A
3027-through E of 2 CFR 200 to for-profit entities, foreign public
3028-entities, or foreign organizations, except where the awarding
3029-agency determines that the application of these subparts would
3030-be inconsistent with the international obligations of the
3031-United States or the statute or regulations of a foreign
3032-government.
3033-(d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to
3034-different types of awards. The same applicability applies to
3035-this Act.
3036-(e) (Blank).
3037-
3038-
3039-(f) For public institutions of higher education, the
3040-provisions of this Act apply only to awards funded by federal
3041-pass-through awards from a State agency to public institutions
3042-of higher education. This Act shall recognize provisions in 2
3043-CFR 200 as applicable to public institutions of higher
3044-education, including Appendix III of Part 200 and the cost
3045-principles under Subpart E.
3046-(g) Each grant-making agency shall enhance its processes
3047-to monitor and address noncompliance with reporting
3048-requirements and with program performance standards. Where
3049-applicable, the process may include a corrective action plan.
3050-The monitoring process shall include a plan for tracking and
3051-documenting performance-based contracting decisions.
3052-(h) Notwithstanding any provision of law to the contrary,
3053-grants awarded from federal funds received from the federal
3054-Coronavirus State Fiscal Recovery Fund in accordance with
3055-Section 9901 of the American Rescue Plan Act of 2021 are
3056-subject to the provisions of this Act, but only to the extent
3057-required by Section 9901 of the American Rescue Plan Act of
3058-2021 and other applicable federal law or regulation.
3059-(Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21;
3060-102-626, eff. 8-27-21; 102-813, eff. 5-13-22; 102-1092, eff.
3061-6-10-22.)
3062-Section 10-50. The Illinois State University Law is
3063-amended by changing Section 20-170 as follows:
3064-
3065-
3066-(110 ILCS 675/20-170)
3067-Sec. 20-170. Administrator and faculty salary and
3068-benefits; report. The Board of Trustees shall report to the
3069-Board of Higher Education, on or before August July 1 of each
3070-year, the base salary and benefits of the president of the
3071-university and all administrators, faculty members, and
3072-instructors employed by the university from the prior fiscal
3073-year. For the purposes of this Section, "benefits" includes
3074-without limitation vacation days, sick days, bonuses,
3075-annuities, and retirement enhancements.
3076-(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
3077-Section 10-55. The University of Illinois Act is amended
3078-by changing Section 70 as follows:
3079-(110 ILCS 305/70)
3080-Sec. 70. Administrator and faculty salary and benefits;
3081-report. The Board of Trustees shall report to the Board of
3082-Higher Education, on or before August July 1 of each year, the
3083-base salary and benefits of the president of the university
3084-and all administrators, faculty members, and instructors
3085-employed by the university from the prior fiscal year. For the
3086-purposes of this Section, "benefits" includes without
3087-limitation vacation days, sick days, bonuses, annuities, and
3088-retirement enhancements.
3089-
3090-
3091-(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
3092-Section 10-60. The Southern Illinois University Management
3093-Act is amended by changing Section 55 as follows:
3094-(110 ILCS 520/55)
3095-Sec. 55. Administrator and faculty salary and benefits;
3096-report. The Board of Trustees shall report to the Board of
3097-Higher Education, on or before August July 1 of each year, the
3098-base salary and benefits of the president of the university
3099-and all administrators, faculty members, and instructors
3100-employed by the university from the prior fiscal year. For the
3101-purposes of this Section, "benefits" includes without
3102-limitation vacation days, sick days, bonuses, annuities, and
3103-retirement enhancements.
3104-(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
3105-Section 10-65. The Chicago State University Law is amended
3106-by changing Section 5-165 as follows:
3107-(110 ILCS 660/5-165)
3108-Sec. 5-165. Administrator and faculty salary and benefits;
3109-report. The Board of Trustees shall report to the Board of
3110-Higher Education, on or before August July 1 of each year, the
3111-base salary and benefits of the president of the university
3112-and all administrators, faculty members, and instructors
3113-
3114-
3115-employed by the university from the prior fiscal year. For the
3116-purposes of this Section, "benefits" includes without
3117-limitation vacation days, sick days, bonuses, annuities, and
3118-retirement enhancements.
3119-(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
3120-Section 10-70. The Eastern Illinois University Law is
3121-amended by changing Section 10-165 as follows:
3122-(110 ILCS 665/10-165)
3123-Sec. 10-165. Administrator and faculty salary and
3124-benefits; report. The Board of Trustees shall report to the
3125-Board of Higher Education, on or before August July 1 of each
3126-year, the base salary and benefits of the president of the
3127-university and all administrators, faculty members, and
3128-instructors employed by the university from the prior fiscal
3129-year. For the purposes of this Section, "benefits" includes
3130-without limitation vacation days, sick days, bonuses,
3131-annuities, and retirement enhancements.
3132-(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
3133-Section 10-75. The Governors State University Law is
3134-amended by changing Section 15-165 as follows:
3135-(110 ILCS 670/15-165)
3136-Sec. 15-165. Administrator and faculty salary and
3137-
3138-
3139-benefits; report. The Board of Trustees shall report to the
3140-Board of Higher Education, on or before August July 1 of each
3141-year, the base salary and benefits of the president of the
3142-university and all administrators, faculty members, and
3143-instructors employed by the university from the prior fiscal
3144-year. For the purposes of this Section, "benefits" includes
3145-without limitation vacation days, sick days, bonuses,
3146-annuities, and retirement enhancements.
3147-(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
3148-Section 10-80. The Northeastern Illinois University Law is
3149-amended by changing Section 25-165 as follows:
3150-(110 ILCS 680/25-165)
3151-Sec. 25-165. Administrator and faculty salary and
3152-benefits; report. The Board of Trustees shall report to the
3153-Board of Higher Education, on or before August July 1 of each
3154-year, the base salary and benefits of the president of the
3155-university and all administrators, faculty members, and
3156-instructors employed by the university from the prior fiscal
3157-year. For the purposes of this Section, "benefits" includes
3158-without limitation vacation days, sick days, bonuses,
3159-annuities, and retirement enhancements.
3160-(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
3161-Section 10-85. The Northern Illinois University Law is
3162-
3163-
3164-amended by changing Section 30-175 as follows:
3165-(110 ILCS 685/30-175)
3166-Sec. 30-175. Administrator and faculty salary and
3167-benefits; report. The Board of Trustees shall report to the
3168-Board of Higher Education, on or before August July 1 of each
3169-year, the base salary and benefits of the president of the
3170-university and all administrators, faculty members, and
3171-instructors employed by the university from the prior fiscal
3172-year. For the purposes of this Section, "benefits" includes
3173-without limitation vacation days, sick days, bonuses,
3174-annuities, and retirement enhancements.
3175-(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
3176-Section 10-90. The Western Illinois University Law is
3177-amended by changing Section 35-170 as follows:
3178-(110 ILCS 690/35-170)
3179-Sec. 35-170. Administrator and faculty salary and
3180-benefits; report. The Board of Trustees shall report to the
3181-Board of Higher Education, on or before August July 1 of each
3182-year, the base salary and benefits of the president of the
3183-university and all administrators, faculty members, and
3184-instructors employed by the university from the prior fiscal
3185-year. For the purposes of this Section, "benefits" includes
3186-without limitation vacation days, sick days, bonuses,
3187-
3188-
3189-annuities, and retirement enhancements.
3190-(Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
3191-Article 15.
3192-Section 15-5. The Statute on Statutes is amended by
3193-changing Section 1.33 as follows:
3194-(5 ILCS 70/1.33) (from Ch. 1, par. 1034)
3195-Sec. 1.33. Whenever there is a reference in any Act to the
3196-Capital Development Bond Act of 1972, Transportation Bond Act,
3197-School Construction Bond Act, Anti-Pollution Bond Act or the
3198-Illinois Coal and Energy Development Bond Act, such reference
3199-shall be interpreted to include the General Obligation Bond
3200-Act.
3201-(Source: P.A. 83-1490.)
3202-Section 15-10. The State Finance Act is amended by
3203-changing Sections 8.3 and 8.25 as follows:
3204-(30 ILCS 105/8.3)
3205-Sec. 8.3. Money in the Road Fund shall, if and when the
3206-State of Illinois incurs any bonded indebtedness for the
3207-construction of permanent highways, be set aside and used for
3208-the purpose of paying and discharging annually the principal
3209-and interest on that bonded indebtedness then due and payable,
3210-
3211-
3212-and for no other purpose. The surplus, if any, in the Road Fund
3213-after the payment of principal and interest on that bonded
3214-indebtedness then annually due shall be used as follows:
3215-first -- to pay the cost of administration of Chapters
3216-2 through 10 of the Illinois Vehicle Code, except the cost
3217-of administration of Articles I and II of Chapter 3 of that
3218-Code, and to pay the costs of the Executive Ethics
3219-Commission for oversight and administration of the Chief
3220-Procurement Officer appointed under paragraph (2) of
3221-subsection (a) of Section 10-20 of the Illinois
3222-Procurement Code for transportation; and
3223-secondly -- for expenses of the Department of
3224-Transportation for construction, reconstruction,
3225-improvement, repair, maintenance, operation, and
3226-administration of highways in accordance with the
3227-provisions of laws relating thereto, or for any purpose
3228-related or incident to and connected therewith, including
3229-the separation of grades of those highways with railroads
3230-and with highways and including the payment of awards made
3231-by the Illinois Workers' Compensation Commission under the
3232-terms of the Workers' Compensation Act or Workers'
3233-Occupational Diseases Act for injury or death of an
3234-employee of the Division of Highways in the Department of
3235-Transportation; or for the acquisition of land and the
3236-erection of buildings for highway purposes, including the
3237-acquisition of highway right-of-way or for investigations
3238-
3239-
3240-to determine the reasonably anticipated future highway
3241-needs; or for making of surveys, plans, specifications and
3242-estimates for and in the construction and maintenance of
3243-flight strips and of highways necessary to provide access
3244-to military and naval reservations, to defense industries
3245-and defense-industry sites, and to the sources of raw
3246-materials and for replacing existing highways and highway
3247-connections shut off from general public use at military
3248-and naval reservations and defense-industry sites, or for
3249-the purchase of right-of-way, except that the State shall
3250-be reimbursed in full for any expense incurred in building
3251-the flight strips; or for the operating and maintaining of
3252-highway garages; or for patrolling and policing the public
3253-highways and conserving the peace; or for the operating
3254-expenses of the Department relating to the administration
3255-of public transportation programs; or, during fiscal year
3256-2023, for the purposes of a grant not to exceed $8,394,800
3257-to the Regional Transportation Authority on behalf of PACE
3258-for the purpose of ADA/Para-transit expenses; or, during
3259-fiscal year 2024, for the purposes of a grant not to exceed
3260-$9,108,400 to the Regional Transportation Authority on
3261-behalf of PACE for the purpose of ADA/Para-transit
3262-expenses; or for any of those purposes or any other
3263-purpose that may be provided by law.
3264-Appropriations for any of those purposes are payable from
3265-the Road Fund. Appropriations may also be made from the Road
3266-
3267-
3268-Fund for the administrative expenses of any State agency that
3269-are related to motor vehicles or arise from the use of motor
3270-vehicles.
3271-Beginning with fiscal year 1980 and thereafter, no Road
3272-Fund monies shall be appropriated to the following Departments
3273-or agencies of State government for administration, grants, or
3274-operations; but this limitation is not a restriction upon
3275-appropriating for those purposes any Road Fund monies that are
3276-eligible for federal reimbursement:
3277-1. Department of Public Health;
3278-2. Department of Transportation, only with respect to
3279-subsidies for one-half fare Student Transportation and
3280-Reduced Fare for Elderly, except fiscal year 2023 when no
3281-more than $17,570,000 may be expended and except fiscal
3282-year 2024 when no more than $19,063,500 may be expended;
3283-3. Department of Central Management Services, except
3284-for expenditures incurred for group insurance premiums of
3285-appropriate personnel;
3286-4. Judicial Systems and Agencies.
3287-Beginning with fiscal year 1981 and thereafter, no Road
3288-Fund monies shall be appropriated to the following Departments
3289-or agencies of State government for administration, grants, or
3290-operations; but this limitation is not a restriction upon
3291-appropriating for those purposes any Road Fund monies that are
3292-eligible for federal reimbursement:
3293-1. Illinois State Police, except for expenditures with
3294-
3295-
3296-respect to the Division of Patrol and Division of Criminal
3297-Investigation;
3298-2. Department of Transportation, only with respect to
3299-Intercity Rail Subsidies, except fiscal year 2023 when no
3300-more than $55,000,000 may be expended and except fiscal
3301-year 2024 when no more than $60,000,000 may be expended,
3302-and Rail Freight Services.
3303-Beginning with fiscal year 1982 and thereafter, no Road
3304-Fund monies shall be appropriated to the following Departments
3305-or agencies of State government for administration, grants, or
3306-operations; but this limitation is not a restriction upon
3307-appropriating for those purposes any Road Fund monies that are
3308-eligible for federal reimbursement: Department of Central
3309-Management Services, except for awards made by the Illinois
3310-Workers' Compensation Commission under the terms of the
3311-Workers' Compensation Act or Workers' Occupational Diseases
3312-Act for injury or death of an employee of the Division of
3313-Highways in the Department of Transportation.
3314-Beginning with fiscal year 1984 and thereafter, no Road
3315-Fund monies shall be appropriated to the following Departments
3316-or agencies of State government for administration, grants, or
3317-operations; but this limitation is not a restriction upon
3318-appropriating for those purposes any Road Fund monies that are
3319-eligible for federal reimbursement:
3320-1. Illinois State Police, except not more than 40% of
3321-the funds appropriated for the Division of Patrol and
3322-
3323-
3324-Division of Criminal Investigation;
3325-2. State Officers.
3326-Beginning with fiscal year 1984 and thereafter, no Road
3327-Fund monies shall be appropriated to any Department or agency
3328-of State government for administration, grants, or operations
3329-except as provided hereafter; but this limitation is not a
3330-restriction upon appropriating for those purposes any Road
3331-Fund monies that are eligible for federal reimbursement. It
3332-shall not be lawful to circumvent the above appropriation
3333-limitations by governmental reorganization or other methods.
3334-Appropriations shall be made from the Road Fund only in
3335-accordance with the provisions of this Section.
3336-Money in the Road Fund shall, if and when the State of
3337-Illinois incurs any bonded indebtedness for the construction
3338-of permanent highways, be set aside and used for the purpose of
3339-paying and discharging during each fiscal year the principal
3340-and interest on that bonded indebtedness as it becomes due and
3341-payable as provided in the General Obligation Bond Act
3342-Transportation Bond Act, and for no other purpose. The
3343-surplus, if any, in the Road Fund after the payment of
3344-principal and interest on that bonded indebtedness then
3345-annually due shall be used as follows:
3346-first -- to pay the cost of administration of Chapters
3347-2 through 10 of the Illinois Vehicle Code; and
3348-secondly -- no Road Fund monies derived from fees,
3349-excises, or license taxes relating to registration,
3350-
3351-
3352-operation and use of vehicles on public highways or to
3353-fuels used for the propulsion of those vehicles, shall be
3354-appropriated or expended other than for costs of
3355-administering the laws imposing those fees, excises, and
3356-license taxes, statutory refunds and adjustments allowed
3357-thereunder, administrative costs of the Department of
3358-Transportation, including, but not limited to, the
3359-operating expenses of the Department relating to the
3360-administration of public transportation programs, payment
3361-of debts and liabilities incurred in construction and
3362-reconstruction of public highways and bridges, acquisition
3363-of rights-of-way for and the cost of construction,
3364-reconstruction, maintenance, repair, and operation of
3365-public highways and bridges under the direction and
3366-supervision of the State, political subdivision, or
3367-municipality collecting those monies, or during fiscal
3368-year 2023 for the purposes of a grant not to exceed
3369-$8,394,800 to the Regional Transportation Authority on
3370-behalf of PACE for the purpose of ADA/Para-transit
3371-expenses, or during fiscal year 2024 for the purposes of a
3372-grant not to exceed $9,108,400 to the Regional
3373-Transportation Authority on behalf of PACE for the purpose
3374-of ADA/Para-transit expenses, and the costs for patrolling
3375-and policing the public highways (by the State, political
3376-subdivision, or municipality collecting that money) for
3377-enforcement of traffic laws. The separation of grades of
3378-
3379-
3380-such highways with railroads and costs associated with
3381-protection of at-grade highway and railroad crossing shall
3382-also be permissible.
3383-Appropriations for any of such purposes are payable from
3384-the Road Fund or the Grade Crossing Protection Fund as
3385-provided in Section 8 of the Motor Fuel Tax Law.
3386-Except as provided in this paragraph, beginning with
3387-fiscal year 1991 and thereafter, no Road Fund monies shall be
3388-appropriated to the Illinois State Police for the purposes of
3389-this Section in excess of its total fiscal year 1990 Road Fund
3390-appropriations for those purposes unless otherwise provided in
3391-Section 5g of this Act. For fiscal years 2003, 2004, 2005,
3392-2006, and 2007 only, no Road Fund monies shall be appropriated
3393-to the Department of State Police for the purposes of this
3394-Section in excess of $97,310,000. For fiscal year 2008 only,
3395-no Road Fund monies shall be appropriated to the Department of
3396-State Police for the purposes of this Section in excess of
3397-$106,100,000. For fiscal year 2009 only, no Road Fund monies
3398-shall be appropriated to the Department of State Police for
3399-the purposes of this Section in excess of $114,700,000.
3400-Beginning in fiscal year 2010, no Road Fund road fund moneys
3401-shall be appropriated to the Illinois State Police. It shall
3402-not be lawful to circumvent this limitation on appropriations
3403-by governmental reorganization or other methods unless
3404-otherwise provided in Section 5g of this Act.
3405-In fiscal year 1994, no Road Fund monies shall be
3406-
3407-
3408-appropriated to the Secretary of State for the purposes of
3409-this Section in excess of the total fiscal year 1991 Road Fund
3410-appropriations to the Secretary of State for those purposes,
3411-plus $9,800,000. It shall not be lawful to circumvent this
3412-limitation on appropriations by governmental reorganization or
3413-other method.
3414-Beginning with fiscal year 1995 and thereafter, no Road
3415-Fund monies shall be appropriated to the Secretary of State
3416-for the purposes of this Section in excess of the total fiscal
3417-year 1994 Road Fund appropriations to the Secretary of State
3418-for those purposes. It shall not be lawful to circumvent this
3419-limitation on appropriations by governmental reorganization or
3420-other methods.
3421-Beginning with fiscal year 2000, total Road Fund
3422-appropriations to the Secretary of State for the purposes of
3423-this Section shall not exceed the amounts specified for the
3424-following fiscal years:
3425-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;
3426-Fiscal Year 2000 $80,500,000;
3427-Fiscal Year 2001 $80,500,000;
3428-Fiscal Year 2002 $80,500,000;
3429-Fiscal Year 2003 $130,500,000;
3430-Fiscal Year 2004 $130,500,000;
3431-Fiscal Year 2005 $130,500,000;
3432-Fiscal Year 2006 $130,500,000;
3433-Fiscal Year 2007 $130,500,000;
3434-Fiscal Year 2008 $130,500,000;
3435-
3436-
3437-Fiscal Year 2000 $80,500,000;
3438-Fiscal Year 2001 $80,500,000;
3439-Fiscal Year 2002 $80,500,000;
3440-Fiscal Year 2003 $130,500,000;
3441-Fiscal Year 2004 $130,500,000;
3442-Fiscal Year 2005 $130,500,000;
3443-Fiscal Year 2006 $130,500,000;
3444-Fiscal Year 2007 $130,500,000;
3445-Fiscal Year 2008 $130,500,000;
3446-
3447-
3448-Fiscal Year 2009 $130,500,000. Fiscal Year 2009 $130,500,000.
3449-Fiscal Year 2009 $130,500,000.
3450-For fiscal year 2010, no road fund moneys shall be
3451-appropriated to the Secretary of State.
3452-Beginning in fiscal year 2011, moneys in the Road Fund
3453-shall be appropriated to the Secretary of State for the
3454-exclusive purpose of paying refunds due to overpayment of fees
3455-related to Chapter 3 of the Illinois Vehicle Code unless
3456-otherwise provided for by law.
3457-It shall not be lawful to circumvent this limitation on
3458-appropriations by governmental reorganization or other
3459-methods.
3460-No new program may be initiated in fiscal year 1991 and
3461-thereafter that is not consistent with the limitations imposed
3462-by this Section for fiscal year 1984 and thereafter, insofar
3463-as appropriation of Road Fund monies is concerned.
3464-Nothing in this Section prohibits transfers from the Road
3465-Fund to the State Construction Account Fund under Section 5e
3466-of this Act; nor to the General Revenue Fund, as authorized by
3467-Public Act 93-25.
3468-The additional amounts authorized for expenditure in this
3469-Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
3470-shall be repaid to the Road Fund from the General Revenue Fund
3471-in the next succeeding fiscal year that the General Revenue
3472-Fund has a positive budgetary balance, as determined by
3473-generally accepted accounting principles applicable to
3474-government.
3475-
3476-Fiscal Year 2009 $130,500,000.
3477-
3478-
3479-The additional amounts authorized for expenditure by the
3480-Secretary of State and the Department of State Police in this
3481-Section by Public Act 94-91 shall be repaid to the Road Fund
3482-from the General Revenue Fund in the next succeeding fiscal
3483-year that the General Revenue Fund has a positive budgetary
3484-balance, as determined by generally accepted accounting
3485-principles applicable to government.
3486-(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
3487-102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.
3488-6-7-23; 103-34, eff. 1-1-24; revised 12-12-23.)
3489-(30 ILCS 105/8.25) (from Ch. 127, par. 144.25)
3490-Sec. 8.25. Build Illinois Fund; uses.
3491-(A) All moneys in the Build Illinois Fund shall be
3492-transferred, appropriated, and used only for the purposes
3493-authorized by and subject to the limitations and conditions
3494-prescribed by this Section. There are established the
3495-following accounts in the Build Illinois Fund: the McCormick
3496-Place Account, the Build Illinois Bond Account, the Build
3497-Illinois Purposes Account, the Park and Conservation Fund
3498-Account, and the Tourism Advertising and Promotion Account.
3499-Amounts deposited into the Build Illinois Fund consisting of
3500-1.55% before July 1, 1986, and 1.75% on and after July 1, 1986,
3501-of moneys received by the Department of Revenue under Section
3502-9 of the Use Tax Act, Section 9 of the Service Use Tax Act,
3503-Section 9 of the Service Occupation Tax Act, and Section 3 of
3504-
3505-
3506-the Retailers' Occupation Tax Act, and all amounts deposited
3507-therein under Section 28 of the Illinois Horse Racing Act of
3508-1975, Section 4.05 of the Chicago World's Fair - 1992
3509-Authority Act, and Sections 3 and 6 of the Hotel Operators'
3510-Occupation Tax Act, shall be credited initially to the
3511-McCormick Place Account and all other amounts deposited into
3512-the Build Illinois Fund shall be credited initially to the
3513-Build Illinois Bond Account. Of the amounts initially so
3514-credited to the McCormick Place Account in each month, the
3515-amount that is to be transferred in that month to the
3516-Metropolitan Fair and Exposition Authority Improvement Bond
3517-Fund, as provided below, shall remain credited to the
3518-McCormick Place Account, and all amounts initially so credited
3519-in that month in excess thereof shall next be credited to the
3520-Build Illinois Bond Account. Of the amounts credited to the
3521-Build Illinois Bond Account in each month, the amount that is
3522-to be transferred in that month to the Build Illinois Bond
3523-Retirement and Interest Fund, as provided below, shall remain
3524-credited to the Build Illinois Bond Account, and all amounts
3525-so credited in each month in excess thereof shall next be
3526-credited monthly to the other accounts in the following order
3527-of priority: first, to the Build Illinois Purposes Account,
3528-plus any cumulative deficiency in those transfers for prior
3529-months; second, 1/12 of $10,000,000, plus any cumulative
3530-deficiency in those transfers for prior months, to the Park
3531-and Conservation Fund Account; and third, to the General
3532-
3533-
3534-Revenue Fund in the State Treasury all amounts that remain in
3535-the Build Illinois Fund on the last day of each month and are
3536-not credited to any account in that Fund.
3537-Transfers from the McCormick Place Account in the Build
3538-Illinois Fund shall be made as follows:
3539-Beginning with fiscal year 1985 and continuing for each
3540-fiscal year thereafter, the Metropolitan Pier and Exposition
3541-Authority shall annually certify to the State Comptroller and
3542-State Treasurer the amount necessary and required during the
3543-fiscal year with respect to which the certification is made to
3544-pay the debt service requirements (including amounts to be
3545-paid with respect to arrangements to provide additional
3546-security or liquidity) on all outstanding bonds and notes,
3547-including refunding bonds (herein collectively referred to as
3548-bonds) of issues in the aggregate amount (excluding the amount
3549-of any refunding bonds issued by that Authority after January
3550-1, 1986) of not more than $312,500,000 issued after July 1,
3551-1984, by that Authority for the purposes specified in Sections
3552-10.1 and 13.1 of the Metropolitan Pier and Exposition
3553-Authority Act. In each month of the fiscal year in which there
3554-are bonds outstanding with respect to which the annual
3555-certification is made, the Comptroller shall order transferred
3556-and the Treasurer shall transfer from the McCormick Place
3557-Account in the Build Illinois Fund to the Metropolitan Fair
3558-and Exposition Authority Improvement Bond Fund an amount equal
3559-to 150% of the certified amount for that fiscal year divided by
3560-
3561-
3562-the number of months during that fiscal year in which bonds of
3563-the Authority are outstanding, plus any cumulative deficiency
3564-in those transfers for prior months; provided, that the
3565-maximum amount that may be so transferred in fiscal year 1985
3566-shall not exceed $15,000,000 or a lesser sum as is actually
3567-necessary and required to pay the debt service requirements
3568-for that fiscal year after giving effect to net operating
3569-revenues of that Authority available for that purpose as
3570-certified by that Authority, and provided further that the
3571-maximum amount that may be so transferred in fiscal year 1986
3572-shall not exceed $30,000,000 and in each fiscal year
3573-thereafter shall not exceed $33,500,000 in any fiscal year or
3574-a lesser sum as is actually necessary and required to pay the
3575-debt service requirements for that fiscal year after giving
3576-effect to net operating revenues of that Authority available
3577-for that purpose as certified by that Authority.
3578-When an amount equal to 100% of the aggregate amount of
3579-principal and interest in each fiscal year with respect to
3580-bonds issued after July 1, 1984, that by their terms are
3581-payable from the Metropolitan Fair and Exposition Authority
3582-Improvement Bond Fund, including under sinking fund
3583-requirements, has been so paid and deficiencies in reserves
3584-established from bond proceeds shall have been remedied, and
3585-at the time that those amounts have been transferred to the
3586-Authority as provided in Section 13.1 of the Metropolitan Pier
3587-and Exposition Authority Act, the remaining moneys, if any,
3588-
3589-
3590-deposited and to be deposited during each fiscal year to the
3591-Metropolitan Fair and Exposition Authority Improvement Bond
3592-Fund shall be transferred to the Metropolitan Fair and
3593-Exposition Authority Completion Note Subordinate Fund.
3594-Transfers from the Build Illinois Bond Account in the
3595-Build Illinois Fund shall be made as follows:
3596-Beginning with fiscal year 1986 and continuing for each
3597-fiscal year thereafter so long as limited obligation bonds of
3598-the State issued under the Build Illinois Bond Act remain
3599-outstanding, the Comptroller shall order transferred and the
3600-Treasurer shall transfer in each month, commencing in October,
3601-1985, on the last day of that month, from the Build Illinois
3602-Bond Account to the Build Illinois Bond Retirement and
3603-Interest Fund in the State Treasury the amount required to be
3604-so transferred in that month under Section 13 of the Build
3605-Illinois Bond Act.
3606-As soon as may be practicable after the first day of each
3607-month beginning after July 1, 1984, the Comptroller shall
3608-order transferred and the Treasurer shall transfer from the
3609-Park and Conservation Fund Account in the Build Illinois Fund
3610-to the Park and Conservation Fund 1/12 of $10,000,000, plus
3611-any cumulative deficiency in those transfers for prior months,
3612-for conservation and park purposes as enumerated in Section
3613-805-420 of the Department of Natural Resources (Conservation)
3614-Law (20 ILCS 805/805-420), and to pay the debt service
3615-requirements on all outstanding bonds of an issue in the
3616-
3617-
3618-aggregate amount of not more than $40,000,000 issued after
3619-January 1, 1985, by the State of Illinois for the purposes
3620-specified in Section 3(c) of the Capital Development Bond Act
3621-of 1972, or for the same purposes as specified in any other
3622-State general obligation bond Act enacted after November 1,
3623-1984. Transfers from the Park and Conservation Fund to the
3624-Capital Development Bond Retirement and Interest Fund to pay
3625-those debt service requirements shall be made in accordance
3626-with Section 8.25b of this Act.
3627-All funds remaining in the Build Illinois Fund on the last
3628-day of any month and not credited to any account in that Fund
3629-shall be transferred by the State Treasurer to the General
3630-Revenue Fund.
3631-(B) For the purpose of this Section, "cumulative
3632-deficiency" shall include all deficiencies in those transfers
3633-that have occurred since July 1, 1984, as specified in
3634-subsection (A) of this Section.
3635-(C) (Blank). In addition to any other permitted use of
3636-moneys in the Fund, and notwithstanding any restriction on the
3637-use of the Fund, moneys in the Park and Conservation Fund may
3638-be transferred to the General Revenue Fund as authorized by
3639-Public Act 87-14. The General Assembly finds that an excess of
3640-moneys existed in the Fund on July 30, 1991, and the Governor's
3641-order of July 30, 1991, requesting the Comptroller and
3642-Treasurer to transfer an amount from the Fund to the General
3643-Revenue Fund is hereby validated.
3644-
3645-
3646-(D) (Blank).
3647-(Source: P.A. 102-1071, eff. 6-10-22.)
3648-(30 ILCS 325/Act rep.)
3649-Section 15-20. The Fiscal Agent Designation Act is
3650-repealed.
3651-Section 15-25. The General Obligation Bond Act is amended
3652-by changing Sections 12 and 15 as follows:
3653-(30 ILCS 330/12) (from Ch. 127, par. 662)
3654-Sec. 12. Allocation of proceeds from sale of Bonds.
3655-(a) Proceeds from the sale of Bonds, authorized by Section
3656-3 of this Act, shall be deposited in the separate fund known as
3657-the Capital Development Fund, a special fund that was created
3658-under Section 6 of the Capital Development Bond Act of 1972
3659-(repealed) and is continued under this amendatory Act of the
3660-103rd General Assembly, which may be expended as provided by
3661-law.
3662-(b) Proceeds from the sale of Bonds, authorized by
3663-paragraph (a) of Section 4 of this Act, shall be deposited in
3664-the separate fund known as the Transportation Bond, Series A
3665-Fund, a special fund that was created under Section 4 of the
3666-Transportation Bond Act (repealed) and is continued under this
3667-amendatory Act of the 103rd General Assembly, which may be
3668-expended as provided by law.
3669-
3670-
3671-(c) Proceeds from the sale of Bonds, authorized by
3672-paragraphs (b) and (c) of Section 4 of this Act, shall be
3673-deposited in the separate fund known as the Transportation
3674-Bond, Series B Fund, a special fund that was created under
3675-Section 4 of the Transportation Bond Act (repealed) and is
3676-continued under this amendatory Act of the 103rd General
3677-Assembly, which may be expended as provided by law.
3678-(c-1) Proceeds from the sale of Bonds, authorized by
3679-paragraph (d) of Section 4 of this Act, shall be deposited into
3680-the Transportation Bond Series D Fund, which is hereby
3681-created.
3682-(c-2) Proceeds from the sale of Bonds, authorized by
3683-paragraph (e) of Section 4 of this Act, shall be deposited into
3684-the Multi-modal Transportation Bond Fund, which is hereby
3685-created.
3686-(d) Proceeds from the sale of Bonds, authorized by Section
3687-5 of this Act, shall be deposited in the separate fund known as
3688-the School Construction Fund.
3689-(e) Proceeds from the sale of Bonds, authorized by Section
3690-6 of this Act, shall be deposited in the separate fund known as
3691-the Anti-Pollution Fund, a special fund that was created under
3692-Section 3 of the Anti-Pollution Bond Act (repealed) and is
3693-continued under this amendatory Act of the 103rd General
3694-Assembly, which may be expended as provided by law.
3695-(f) Proceeds from the sale of Bonds, authorized by Section
3696-7 of this Act, shall be deposited in the separate fund known as
3697-
3698-
3699-the Coal Development Fund, a special fund that was created
3700-under Section 10 of the Illinois Coal and Energy Development
3701-Bond Act (repealed) and is continued under this amendatory Act
3702-of the 103rd General Assembly, which may be expended as
3703-provided by law.
3704-(f-2) Proceeds from the sale of Bonds, authorized by
3705-Section 7.2 of this Act, shall be deposited as set forth in
3706-Section 7.2.
3707-(f-5) Proceeds from the sale of Bonds, authorized by
3708-Section 7.5 of this Act, shall be deposited as set forth in
3709-Section 7.5.
3710-(f-7) Proceeds from the sale of Bonds, authorized by
3711-Section 7.6 of this Act, shall be deposited as set forth in
3712-Section 7.6.
3713-(f-8) Proceeds from the sale of Bonds, authorized by
3714-Section 7.7 of this Act, shall be deposited as set forth in
3715-Section 7.7.
3716-(g) Proceeds from the sale of Bonds, authorized by Section
3717-8 of this Act, shall be deposited in the Capital Development
3718-Fund.
3719-(h) Subsequent to the issuance of any Bonds for the
3720-purposes described in Sections 2 through 8 of this Act, the
3721-Governor and the Director of the Governor's Office of
3722-Management and Budget may provide for the reallocation of
3723-unspent proceeds of such Bonds to any other purposes
3724-authorized under said Sections of this Act, subject to the
3725-
3726-
3727-limitations on aggregate principal amounts contained therein.
3728-Upon any such reallocation, such unspent proceeds shall be
3729-transferred to the appropriate funds as determined by
3730-reference to paragraphs (a) through (g) of this Section.
3731-(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
3732-101-30, eff. 6-28-19.)
3733-(30 ILCS 330/15) (from Ch. 127, par. 665)
3734-Sec. 15. Computation of principal and interest; transfers.
3735-(a) Upon each delivery of Bonds authorized to be issued
3736-under this Act, the Comptroller shall compute and certify to
3737-the Treasurer the total amount of principal of, interest on,
3738-and premium, if any, on Bonds issued that will be payable in
3739-order to retire such Bonds, the amount of principal of,
3740-interest on and premium, if any, on such Bonds that will be
3741-payable on each payment date according to the tenor of such
3742-Bonds during the then current and each succeeding fiscal year,
3743-and the amount of sinking fund payments needed to be deposited
3744-in connection with Qualified School Construction Bonds
3745-authorized by subsection (e) of Section 9. With respect to the
3746-interest payable on variable rate bonds, such certifications
3747-shall be calculated at the maximum rate of interest that may be
3748-payable during the fiscal year, after taking into account any
3749-credits permitted in the related indenture or other instrument
3750-against the amount of such interest required to be
3751-appropriated for such period pursuant to subsection (c) of
3752-
3753-
3754-Section 14 of this Act. With respect to the interest payable,
3755-such certifications shall include the amounts certified by the
3756-Director of the Governor's Office of Management and Budget
3757-under subsection (b) of Section 9 of this Act.
3758-On or before the last day of each month the State Treasurer
3759-and Comptroller shall transfer from (1) the Road Fund with
3760-respect to Bonds issued under paragraphs (a) and (e) of
3761-Section 4 of this Act, or Bonds issued under authorization in
3762-Public Act 98-781, or Bonds issued for the purpose of
3763-refunding such bonds, and from (2) the General Revenue Fund,
3764-with respect to all other Bonds issued under this Act, to the
3765-General Obligation Bond Retirement and Interest Fund an amount
3766-sufficient to pay the aggregate of the principal of, interest
3767-on, and premium, if any, on Bonds payable, by their terms on
3768-the next payment date divided by the number of full calendar
3769-months between the date of such Bonds and the first such
3770-payment date, and thereafter, divided by the number of months
3771-between each succeeding payment date after the first. Such
3772-computations and transfers shall be made for each series of
3773-Bonds issued and delivered. Interest payable on variable rate
3774-bonds shall be calculated at the maximum rate of interest that
3775-may be payable for the relevant period, after taking into
3776-account any credits permitted in the related indenture or
3777-other instrument against the amount of such interest required
3778-to be appropriated for such period pursuant to subsection (c)
3779-of Section 14 of this Act. Computations of interest shall
3780-
3781-
3782-include the amounts certified by the Director of the
3783-Governor's Office of Management and Budget under subsection
3784-(b) of Section 9 of this Act. Interest for which moneys have
3785-already been deposited into the capitalized interest account
3786-within the General Obligation Bond Retirement and Interest
3787-Fund shall not be included in the calculation of the amounts to
3788-be transferred under this subsection. Notwithstanding any
3789-other provision in this Section, the transfer provisions
3790-provided in this paragraph shall not apply to transfers made
3791-in fiscal year 2010 or fiscal year 2011 with respect to Bonds
3792-issued in fiscal year 2010 or fiscal year 2011 pursuant to
3793-Section 7.2 of this Act. In the case of transfers made in
3794-fiscal year 2010 or fiscal year 2011 with respect to the Bonds
3795-issued in fiscal year 2010 or fiscal year 2011 pursuant to
3796-Section 7.2 of this Act, on or before the 15th day of the month
3797-prior to the required debt service payment, the State
3798-Treasurer and Comptroller shall transfer from the General
3799-Revenue Fund to the General Obligation Bond Retirement and
3800-Interest Fund an amount sufficient to pay the aggregate of the
3801-principal of, interest on, and premium, if any, on the Bonds
3802-payable in that next month.
3803-The transfer of monies herein and above directed is not
3804-required if monies in the General Obligation Bond Retirement
3805-and Interest Fund are more than the amount otherwise to be
3806-transferred as herein above provided, and if the Governor or
3807-his authorized representative notifies the State Treasurer and
3808-
3809-
3810-Comptroller of such fact in writing.
3811-(b) The After the effective date of this Act, the balance
3812-of, and monies directed to be included in the Capital
3813-Development Bond Retirement and Interest Fund, Anti-Pollution
3814-Bond Retirement and Interest Fund, Transportation Bond, Series
3815-A Retirement and Interest Fund, Transportation Bond, Series B
3816-Retirement and Interest Fund, and Coal Development Bond
3817-Retirement and Interest Fund shall be transferred to and
3818-deposited in the General Obligation Bond Retirement and
3819-Interest Fund. This Fund shall be used to make debt service
3820-payments on the State's general obligation Bonds heretofore
3821-issued which are now outstanding and payable from the Funds
3822-herein listed as well as on Bonds issued under this Act.
3823-(c) The unused portion of federal funds received for or as
3824-reimbursement for a capital facilities project, as authorized
3825-by Section 3 of this Act, for which monies from the Capital
3826-Development Fund have been expended shall remain in the
3827-Capital Development Board Contributory Trust Fund and shall be
3828-used for capital projects and for no other purpose, subject to
3829-appropriation and as directed by the Capital Development
3830-Board. Any federal funds received as reimbursement for the
3831-completed construction of a capital facilities project, as
3832-authorized by Section 3 of this Act, for which monies from the
3833-Capital Development Fund have been expended may be used for
3834-any expense or project necessary for implementation of the
3835-Quincy Veterans' Home Rehabilitation and Rebuilding Act for a
3836-
3837-
3838-period of 5 years from July 17, 2018 (the effective date of
3839-Public Act 100-610).
3840-(Source: P.A. 101-30, eff. 6-28-19; 102-699, eff. 4-19-22.)
3841-(30 ILCS 395/Act rep.)
3842-Section 15-30. The Educational Institution Bond
3843-Authorization Act is repealed.
3844-(30 ILCS 400/Act rep.)
3845-Section 15-35. The Mental Health Institution Bond Act is
3846-repealed.
3847-(30 ILCS 405/Act rep.)
3848-Section 15-40. The Anti-Pollution Bond Act is repealed.
3849-(30 ILCS 410/Act rep.)
3850-Section 15-45. The Anti-Pollution Bond Fund Transfer Act
3851-is repealed.
3852-(30 ILCS 415/Act rep.)
3853-Section 15-50. The Transportation Bond Act is repealed.
3854-(30 ILCS 420/Act rep.)
3855-Section 15-55. The Capital Development Bond Act of 1972 is
3856-repealed.
3857-
3858-
3859-Section 15-60. The Public Community College Act is amended
3860-by changing Sections 5-1, 5-9, and 5-12 as follows:
3861-(110 ILCS 805/5-1) (from Ch. 122, par. 105-1)
3862-Sec. 5-1. Application; State funds.
3863-(a) This Article does not apply to community college
3864-energy conservation measures and guaranteed energy saving
3865-contracts undertaken, implemented, or entered into under
3866-Article V-A.
3867-(b) Upon compliance with the provisions of this Article,
3868-any community college may receive and expend funds for
3869-building purposes under the direction of the State Board
3870-pursuant to the provisions of the General Obligation Bond Act,
3871-the Capital Development Bond Act of 1972 (now repealed), and
3872-the Capital Development Board Act.
3873-(Source: P.A. 88-173.)
3874-(110 ILCS 805/5-9) (from Ch. 122, par. 105-9)
3875-Sec. 5-9. The community college district may finance 25%
3876-or more of the project by issuing bonds in the manner provided
3877-in Article IIIA. The community college board is authorized to
3878-transfer to the Capital Development Board to supplement the
3879-financing by the Capital Development Board responsive to the
3880-General Obligation Bond Act, "Capital Development Bond Act of
3881-1972 (now repealed) ", as now or hereafter amended, and the
3882-"Capital Development Board Act", as now or hereafter amended,
3883-
3884-
3885-such monies as are necessary to finance at least 25% of the
3886-project. In addition any community college district may
3887-designate for building purposes any property it may own,
3888-either real or personal, situated within the geographical
3889-boundaries of such community college district, as part of its
3890-contribution necessary to finance at least 25% of the project.
3891-The obligation of property and money may be made for any
3892-project authorized by law to be undertaken by the Capital
3893-Development Board responsive to a declaration of such project
3894-being in the public interest by the General Assembly for any of
3895-the purposes approved by the State Board.
3896-(Source: P.A. 81-1509.)
3897-(110 ILCS 805/5-12) (from Ch. 122, par. 105-12)
3898-Sec. 5-12. In the event the Capital Development Board
3899-determines that a facility previously provided for a community
3900-college under this Article was defectively designed or
3901-constructed, the cost of any necessary corrective work shall
3902-be fully funded by monies appropriated pursuant to the General
3903-Obligation Bond Act Capital Development Bond Act of 1972, as
3904-now or hereafter amended. In such an instance, the community
3905-college shall not be required to provide any portion of the
3906-cost of the corrective work.
3907-Should a community college district recover damages
3908-against any party responsible for the defective design or
3909-construction of a community college facility, the community
3910-
3911-
3912-college district shall reimburse the State of Illinois for any
3913-funds provided by the State to correct building defects.
3914-No provision of this Section shall preclude or delay
3915-litigation by a community college district to recover damages
3916-for such defective design or construction from the party or
3917-parties responsible for same.
3918-(Source: P.A. 81-994.)
3919-Section 15-65. The Environmental Protection Act is amended
3920-by changing Section 4 as follows:
3921-(415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
3922-Sec. 4. Environmental Protection Agency; establishment;
3923-duties.
3924-(a) There is established in the Executive Branch of the
3925-State Government an agency to be known as the Environmental
3926-Protection Agency. This Agency shall be under the supervision
3927-and direction of a Director who shall be appointed by the
3928-Governor with the advice and consent of the Senate. The term of
3929-office of the Director shall expire on the third Monday of
3930-January in odd numbered years, provided that he or she shall
3931-hold office until a successor is appointed and has qualified.
3932-For terms beginning after January 18, 2019 (the effective date
3933-of Public Act 100-1179) and before January 16, 2023, the
3934-Director's annual salary shall be an amount equal to 15% more
3935-than the Director's annual salary as of December 31, 2018. The
3936-
3937-
3938-calculation of the 2018 salary base for this adjustment shall
3939-not include any cost of living adjustments, as authorized by
3940-Senate Joint Resolution 192 of the 86th General Assembly, for
3941-the period beginning July 1, 2009 to June 30, 2019. Beginning
3942-July 1, 2019 and each July 1 thereafter, the Director shall
3943-receive an increase in salary based on a cost of living
3944-adjustment as authorized by Senate Joint Resolution 192 of the
3945-86th General Assembly. Notwithstanding any other provision of
3946-law, for terms beginning on or after January 16, 2023, the
3947-Director shall receive an annual salary of $180,000 or as set
3948-by the Governor, whichever is higher. On July 1, 2023, and on
3949-each July 1 thereafter, the Director shall receive an increase
3950-in salary based on a cost of living adjustment as authorized by
3951-Senate Joint Resolution 192 of the 86th General Assembly. The
3952-Director, in accord with the Personnel Code, shall employ and
3953-direct such personnel, and shall provide for such laboratory
3954-and other facilities, as may be necessary to carry out the
3955-purposes of this Act. In addition, the Director may by
3956-agreement secure such services as he or she may deem necessary
3957-from any other department, agency, or unit of the State
3958-Government, and may employ and compensate such consultants and
3959-technical assistants as may be required.
3960-(b) The Agency shall have the duty to collect and
3961-disseminate such information, acquire such technical data, and
3962-conduct such experiments as may be required to carry out the
3963-purposes of this Act, including ascertainment of the quantity
3964-
3965-
3966-and nature of discharges from any contaminant source and data
3967-on those sources, and to operate and arrange for the operation
3968-of devices for the monitoring of environmental quality.
3969-(c) The Agency shall have authority to conduct a program
3970-of continuing surveillance and of regular or periodic
3971-inspection of actual or potential contaminant or noise
3972-sources, of public water supplies, and of refuse disposal
3973-sites.
3974-(d) In accordance with constitutional limitations, the
3975-Agency shall have authority to enter at all reasonable times
3976-upon any private or public property for the purpose of:
3977-(1) Inspecting and investigating to ascertain possible
3978-violations of this Act, any rule or regulation adopted
3979-under this Act, any permit or term or condition of a
3980-permit, or any Board order; or
3981-(2) In accordance with the provisions of this Act,
3982-taking whatever preventive or corrective action, including
3983-but not limited to removal or remedial action, that is
3984-necessary or appropriate whenever there is a release or a
3985-substantial threat of a release of (A) a hazardous
3986-substance or pesticide or (B) petroleum from an
3987-underground storage tank.
3988-(e) The Agency shall have the duty to investigate
3989-violations of this Act, any rule or regulation adopted under
3990-this Act, any permit or term or condition of a permit, or any
3991-Board order; to issue administrative citations as provided in
3992-
3993-
3994-Section 31.1 of this Act; and to take such summary enforcement
3995-action as is provided for by Section 34 of this Act.
3996-(f) The Agency shall appear before the Board in any
3997-hearing upon a petition for variance or time-limited water
3998-quality standard, the denial of a permit, or the validity or
3999-effect of a rule or regulation of the Board, and shall have the
4000-authority to appear before the Board in any hearing under the
4001-Act.
4002-(g) The Agency shall have the duty to administer, in
4003-accord with Title X of this Act, such permit and certification
4004-systems as may be established by this Act or by regulations
4005-adopted thereunder. The Agency may enter into written
4006-delegation agreements with any department, agency, or unit of
4007-State or local government under which all or portions of this
4008-duty may be delegated for public water supply storage and
4009-transport systems, sewage collection and transport systems,
4010-air pollution control sources with uncontrolled emissions of
4011-100 tons per year or less and application of algicides to
4012-waters of the State. Such delegation agreements will require
4013-that the work to be performed thereunder will be in accordance
4014-with Agency criteria, subject to Agency review, and shall
4015-include such financial and program auditing by the Agency as
4016-may be required.
4017-(h) The Agency shall have authority to require the
4018-submission of complete plans and specifications from any
4019-applicant for a permit required by this Act or by regulations
4020-
4021-
4022-thereunder, and to require the submission of such reports
4023-regarding actual or potential violations of this Act, any rule
4024-or regulation adopted under this Act, any permit or term or
4025-condition of a permit, or any Board order, as may be necessary
4026-for the purposes of this Act.
4027-(i) The Agency shall have authority to make
4028-recommendations to the Board for the adoption of regulations
4029-under Title VII of the Act.
4030-(j) The Agency shall have the duty to represent the State
4031-of Illinois in any and all matters pertaining to plans,
4032-procedures, or negotiations for interstate compacts or other
4033-governmental arrangements relating to environmental
4034-protection.
4035-(k) The Agency shall have the authority to accept,
4036-receive, and administer on behalf of the State any grants,
4037-gifts, loans, indirect cost reimbursements, or other funds
4038-made available to the State from any source for purposes of
4039-this Act or for air or water pollution control, public water
4040-supply, solid waste disposal, noise abatement, or other
4041-environmental protection activities, surveys, or programs. Any
4042-federal funds received by the Agency pursuant to this
4043-subsection shall be deposited in a trust fund with the State
4044-Treasurer and held and disbursed by him in accordance with
4045-Treasurer as Custodian of Funds Act, provided that such monies
4046-shall be used only for the purposes for which they are
4047-contributed and any balance remaining shall be returned to the
4048-
4049-
4050-contributor.
4051-The Agency is authorized to promulgate such regulations
4052-and enter into such contracts as it may deem necessary for
4053-carrying out the provisions of this subsection.
4054-(l) The Agency is hereby designated as water pollution
4055-agency for the state for all purposes of the Federal Water
4056-Pollution Control Act, as amended; as implementing agency for
4057-the State for all purposes of the Safe Drinking Water Act,
4058-Public Law 93-523, as now or hereafter amended, except Section
4059-1425 of that Act; as air pollution agency for the state for all
4060-purposes of the Clean Air Act of 1970, Public Law 91-604,
4061-approved December 31, 1970, as amended; and as solid waste
4062-agency for the state for all purposes of the Solid Waste
4063-Disposal Act, Public Law 89-272, approved October 20, 1965,
4064-and amended by the Resource Recovery Act of 1970, Public Law
4065-91-512, approved October 26, 1970, as amended, and amended by
4066-the Resource Conservation and Recovery Act of 1976, (P.L.
4067-94-580) approved October 21, 1976, as amended; as noise
4068-control agency for the state for all purposes of the Noise
4069-Control Act of 1972, Public Law 92-574, approved October 27,
4070-1972, as amended; and as implementing agency for the State for
4071-all purposes of the Comprehensive Environmental Response,
4072-Compensation, and Liability Act of 1980 (P.L. 96-510), as
4073-amended; and otherwise as pollution control agency for the
4074-State pursuant to federal laws integrated with the foregoing
4075-laws, for financing purposes or otherwise. The Agency is
4076-
4077-
4078-hereby authorized to take all action necessary or appropriate
4079-to secure to the State the benefits of such federal Acts,
4080-provided that the Agency shall transmit to the United States
4081-without change any standards adopted by the Pollution Control
4082-Board pursuant to Section 5(c) of this Act. This subsection
4083-(l) of Section 4 shall not be construed to bar or prohibit the
4084-Environmental Protection Trust Fund Commission from accepting,
4085-receiving, and administering on behalf of the State any
4086-grants, gifts, loans or other funds for which the Commission
4087-is eligible pursuant to the Environmental Protection Trust
4088-Fund Act. The Agency is hereby designated as the State agency
4089-for all purposes of administering the requirements of Section
4090-313 of the federal Emergency Planning and Community
4091-Right-to-Know Act of 1986.
4092-Any municipality, sanitary district, or other political
4093-subdivision, or any Agency of the State or interstate Agency,
4094-which makes application for loans or grants under such federal
4095-Acts shall notify the Agency of such application; the Agency
4096-may participate in proceedings under such federal Acts.
4097-(m) The Agency shall have authority, consistent with
4098-Section 5(c) and other provisions of this Act, and for
4099-purposes of Section 303(e) of the Federal Water Pollution
4100-Control Act, as now or hereafter amended, to engage in
4101-planning processes and activities and to develop plans in
4102-cooperation with units of local government, state agencies and
4103-officers, and other appropriate persons in connection with the
4104-
4105-
4106-jurisdiction or duties of each such unit, agency, officer or
4107-person. Public hearings shall be held on the planning process,
4108-at which any person shall be permitted to appear and be heard,
4109-pursuant to procedural regulations promulgated by the Agency.
4110-(n) In accordance with the powers conferred upon the
4111-Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act,
4112-the Agency shall have authority to establish and enforce
4113-minimum standards for the operation of laboratories relating
4114-to analyses and laboratory tests for air pollution, water
4115-pollution, noise emissions, contaminant discharges onto land
4116-and sanitary, chemical, and mineral quality of water
4117-distributed by a public water supply. The Agency may enter
4118-into formal working agreements with other departments or
4119-agencies of state government under which all or portions of
4120-this authority may be delegated to the cooperating department
4121-or agency.
4122-(o) The Agency shall have the authority to issue
4123-certificates of competency to persons and laboratories meeting
4124-the minimum standards established by the Agency in accordance
4125-with Section 4(n) of this Act and to promulgate and enforce
4126-regulations relevant to the issuance and use of such
4127-certificates. The Agency may enter into formal working
4128-agreements with other departments or agencies of state
4129-government under which all or portions of this authority may
4130-be delegated to the cooperating department or agency.
4131-(p) Except as provided in Section 17.7, the Agency shall
4132-
4133-
4134-have the duty to analyze samples as required from each public
4135-water supply to determine compliance with the contaminant
4136-levels specified by the Pollution Control Board. The maximum
4137-number of samples which the Agency shall be required to
4138-analyze for microbiological quality shall be 6 per month, but
4139-the Agency may, at its option, analyze a larger number each
4140-month for any supply. Results of sample analyses for
4141-additional required bacteriological testing, turbidity,
4142-residual chlorine and radionuclides are to be provided to the
4143-Agency in accordance with Section 19. Owners of water supplies
4144-may enter into agreements with the Agency to provide for
4145-reduced Agency participation in sample analyses.
4146-(q) The Agency shall have the authority to provide notice
4147-to any person who may be liable pursuant to Section 22.2(f) of
4148-this Act for a release or a substantial threat of a release of
4149-a hazardous substance or pesticide. Such notice shall include
4150-the identified response action and an opportunity for such
4151-person to perform the response action.
4152-(r) The Agency may enter into written delegation
4153-agreements with any unit of local government under which it
4154-may delegate all or portions of its inspecting, investigating
4155-and enforcement functions. Such delegation agreements shall
4156-require that work performed thereunder be in accordance with
4157-Agency criteria and subject to Agency review. Notwithstanding
4158-any other provision of law to the contrary, no unit of local
4159-government shall be liable for any injury resulting from the
4160-
4161-
4162-exercise of its authority pursuant to such a delegation
4163-agreement unless the injury is proximately caused by the
4164-willful and wanton negligence of an agent or employee of the
4165-unit of local government, and any policy of insurance coverage
4166-issued to a unit of local government may provide for the denial
4167-of liability and the nonpayment of claims based upon injuries
4168-for which the unit of local government is not liable pursuant
4169-to this subsection (r).
4170-(s) The Agency shall have authority to take whatever
4171-preventive or corrective action is necessary or appropriate,
4172-including but not limited to expenditure of monies
4173-appropriated from the Build Illinois Bond Fund for removal or
4174-remedial action, whenever any hazardous substance or pesticide
4175-is released or there is a substantial threat of such a release
4176-into the environment. The State, the Director, and any State
4177-employee shall be indemnified for any damages or injury
4178-arising out of or resulting from any action taken under this
4179-subsection. The Director of the Agency is authorized to enter
4180-into such contracts and agreements as are necessary to carry
4181-out the Agency's duties under this subsection.
4182-(t) The Agency shall have authority to distribute grants,
4183-subject to appropriation by the General Assembly, to units of
4184-local government for financing and construction of wastewater
4185-facilities in both incorporated and unincorporated areas. With
4186-respect to all monies appropriated from the Build Illinois
4187-Bond Fund for wastewater facility grants, the Agency shall
4188-
4189-
4190-make distributions in conformity with the rules and
4191-regulations established pursuant to the Anti-Pollution Bond
4192-Act (now repealed) or the General Obligation Bond Act , as now
4193-or hereafter amended.
4194-(u) Pursuant to the Illinois Administrative Procedure Act,
4195-the Agency shall have the authority to adopt such rules as are
4196-necessary or appropriate for the Agency to implement Section
4197-31.1 of this Act.
4198-(v) (Blank.)
4199-(w) Neither the State, nor the Director, nor the Board,
4200-nor any State employee shall be liable for any damages or
4201-injury arising out of or resulting from any action taken under
4202-subsection (s).
4203-(x)(1) The Agency shall have authority to distribute
4204-grants, subject to appropriation by the General Assembly, to
4205-units of local government for financing and construction of
4206-public water supply facilities. With respect to all monies
4207-appropriated from the Build Illinois Bond Fund for public
4208-water supply grants, such grants shall be made in accordance
4209-with rules promulgated by the Agency. Such rules shall include
4210-a requirement for a local match of 30% of the total project
4211-cost for projects funded through such grants.
4212-(2) The Agency shall not terminate a grant to a unit of
4213-local government for the financing and construction of public
4214-water supply facilities unless and until the Agency adopts
4215-rules that set forth precise and complete standards, pursuant
4216-
4217-
4218-to Section 5-20 of the Illinois Administrative Procedure Act,
4219-for the termination of such grants. The Agency shall not make
4220-determinations on whether specific grant conditions are
4221-necessary to ensure the integrity of a project or on whether
4222-subagreements shall be awarded, with respect to grants for the
4223-financing and construction of public water supply facilities,
4224-unless and until the Agency adopts rules that set forth
4225-precise and complete standards, pursuant to Section 5-20 of
4226-the Illinois Administrative Procedure Act, for making such
4227-determinations. The Agency shall not issue a stop-work order
4228-in relation to such grants unless and until the Agency adopts
4229-precise and complete standards, pursuant to Section 5-20 of
4230-the Illinois Administrative Procedure Act, for determining
4231-whether to issue a stop-work order.
4232-(y) The Agency shall have authority to release any person
4233-from further responsibility for preventive or corrective
4234-action under this Act following successful completion of
4235-preventive or corrective action undertaken by such person upon
4236-written request by the person.
4237-(z) To the extent permitted by any applicable federal law
4238-or regulation, for all work performed for State construction
4239-projects which are funded in whole or in part by a capital
4240-infrastructure bill enacted by the 96th General Assembly by
4241-sums appropriated to the Environmental Protection Agency, at
4242-least 50% of the total labor hours must be performed by actual
4243-residents of the State of Illinois. For purposes of this
4244-
4245-
4246-subsection, "actual residents of the State of Illinois" means
4247-persons domiciled in the State of Illinois. The Department of
4248-Labor shall promulgate rules providing for the enforcement of
4249-this subsection.
4250-(aa) The Agency may adopt rules requiring the electronic
4251-submission of any information required to be submitted to the
4252-Agency pursuant to any State or federal law or regulation or
4253-any court or Board order. Any rules adopted under this
4254-subsection (aa) must include, but are not limited to,
4255-identification of the information to be submitted
4256-electronically.
4257-(Source: P.A. 102-1071, eff. 6-10-22; 102-1115, eff. 1-9-23.)
4258-Section 15-70. The Illinois Highway Code is amended by
4259-changing Section 3-107 as follows:
4260-(605 ILCS 5/3-107) (from Ch. 121, par. 3-107)
4261-Sec. 3-107. Whenever in the judgment of the Department it
4262-is necessary as an incident to the construction of a project on
4263-the National System of Interstate and Defense Highways,
4264-including extensions thereof within urban areas, or any State
4265-highway constructed under the provisions of Section 2 of the
4266-"Transportation Bond Act (now repealed) or Section 4 of the
4267-General Obligation Bond Act ", approved July 2, 1971, as now or
4268-hereafter amended, to relocate utility facilities, wherever
4269-located and whenever constructed, the cost of such relocation
4270-
4271-
4272-may be deemed to be one of the costs of constructing such
4273-project and the Department may, on behalf of the State, pay
4274-such costs. For the purposes of this Section, the term
4275-"utility" includes publicly, municipally, privately, and
4276-cooperatively owned utilities; the term "cost of such
4277-relocation" includes the entire amount paid by such utility
4278-properly attributable to such relocation after deducting
4279-therefrom any increase in the value of the new facility and any
4280-salvage value derived from the old facility; and the term
4281-"National System of Interstate and Defense Highways" includes
4282-any highway which now is or shall hereafter be a part of the
4283-National System of Interstate and Defense Highways, as
4284-provided in the Federal Aid Highway Act of 1956, and any acts
4285-supplemental thereto or amendatory thereof.
4286-(Source: P.A. 77-2752.)
4287-Article 99.
4288-Section 99-99. Effective date. This Act takes effect upon
4289-becoming law.
4290-INDEX Statutes amended in order of appearance INDEX Statutes amended in order of appearance
4291-INDEX
4292-Statutes amended in order of appearance
4293-
4294-
4295-
4296-INDEX
4297-Statutes amended in order of appearance
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33+1 hereunder shall be such fraction of the amount determined
34+2 under the provisions hereof and the remainder shall be
35+3 contributed by the State.
36+4 Every department which has members paid from funds other
37+5 than the General Revenue Fund shall cooperate with the
38+6 Department of Central Management Services and the Governor's
39+7 Office of Management and Budget in order to assure that the
40+8 specified proportion of the State's cost for group life
41+9 insurance, the program of health benefits and other employee
42+10 benefits is paid by such funds; except that contributions
43+11 under this Act need not be paid from any other fund where both
44+12 the Director of Central Management Services and the Director
45+13 of the Governor's Office of Management and Budget have
46+14 designated in writing that the necessary contributions are
47+15 included in the General Revenue Fund contribution amount.
48+16 Universities having employees who are compensated out of
49+17 the following funds or sources are not required to submit the
50+18 contribution described in this Section for such employees:
51+19 (1) income funds, as described in Sections 6a-1,
52+20 6a-1a, 6a-1b, 6a-1c, 6a-1d, 6a-1e, 6a-1f, 6a-1g, and 6d of
53+21 the State Finance Act, including tuition, laboratory, and
54+22 library fees and any interest earned on those fees;
55+23 (2) local auxiliary funds, as described in the
56+24 Legislative Audit Commission's University Guidelines, as
57+25 published on November 17, 2020, including the following:
58+26 (i) funds from auxiliary enterprises, which are
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69+1 operations that support the overall objectives of the
70+2 university but are not directly related to
71+3 instruction, research, or service organizational
72+4 units;
73+5 (ii) funds from auxiliary activities, which are
74+6 functions that are self-supporting, in whole or in
75+7 part, and are directly related to instruction,
76+8 research, or service units;
77+9 (3) the Agricultural Premium Fund as established by
78+10 Section 5.01 of the State Finance Act;
79+11 (4) appropriations from the General Revenue Fund,
80+12 Education Assistance Fund, or other State appropriations
81+13 that are made for the purposes of instruction, research,
82+14 public service, or economic development;
83+15 (5) funds to the University of Illinois Hospital for
84+16 health care professional services that are performed by
85+17 University of Illinois faculty or University of Illinois
86+18 health care programs established under the University of
87+19 Illinois Hospital Act; or
88+20 (6) funds designated for the Cooperative Extension
89+21 Service, as defined in Section 3 of the County Cooperative
90+22 Extension Law.
91+23 If an employee of a university is partially compensated
92+24 from the funds or sources of funds identified in paragraphs
93+25 (1) through (6) above, universities shall be required to
94+26 submit a pro rata contribution for the portion of the
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105+1 employee's compensation that is derived out of funds or
106+2 sources other than those identified in paragraphs (1) through
107+3 (6) above.
108+4 The Department of Central Management Services may conduct
109+5 a post-payment review of university reimbursements to assess
110+6 or address any discrepancies. Universities shall cooperate
111+7 with the Department of Central Management Services during any
112+8 post-payment review, that may require universities to provide
113+9 documentation to support payment calculations or funding
114+10 sources used for calculating reimbursements. The Department of
115+11 Central Management Services reserves the right to reconcile
116+12 any discrepancies in reimbursement subtotals or total
117+13 obligations and to notify universities of all final
118+14 reconciliations, which shall include the Department of Central
119+15 Management Services calculations and the amount of any credits
120+16 or obligations that may be due.
121+17 For each employee of the Illinois Toll Highway Authority
122+18 covered under this Act whose eligibility for such coverage is
123+19 as an annuitant, the Authority shall annually contribute an
124+20 amount, as determined by the Director of the Department of
125+21 Central Management Services, that represents the average
126+22 employer's share of the cost of retiree coverage per
127+23 participating employee in the State Employees Group Insurance
128+24 Program.
129+25 (Source: P.A. 102-1071, eff. 6-10-22; 102-1115, eff. 1-9-23.)
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140+1 Section 5-10. The Illinois Act on the Aging is amended by
141+2 changing Section 4.01 as follows:
142+3 (20 ILCS 105/4.01) (from Ch. 23, par. 6104.01)
143+4 Sec. 4.01. Additional powers and duties of the Department.
144+5 In addition to powers and duties otherwise provided by law,
145+6 the Department shall have the following powers and duties:
146+7 (1) To evaluate all programs, services, and facilities for
147+8 the aged and for minority senior citizens within the State and
148+9 determine the extent to which present public or private
149+10 programs, services and facilities meet the needs of the aged.
150+11 (2) To coordinate and evaluate all programs, services, and
151+12 facilities for the Aging and for minority senior citizens
152+13 presently furnished by State agencies and make appropriate
153+14 recommendations regarding such services, programs and
154+15 facilities to the Governor and/or the General Assembly.
155+16 (2-a) To request, receive, and share information
156+17 electronically through the use of data-sharing agreements for
157+18 the purpose of (i) establishing and verifying the initial and
158+19 continuing eligibility of older adults to participate in
159+20 programs administered by the Department; (ii) maximizing
160+21 federal financial participation in State assistance
161+22 expenditures; and (iii) investigating allegations of fraud or
162+23 other abuse of publicly funded benefits. Notwithstanding any
163+24 other law to the contrary, but only for the limited purposes
164+25 identified in the preceding sentence, this paragraph (2-a)
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175+1 expressly authorizes the exchanges of income, identification,
176+2 and other pertinent eligibility information by and among the
177+3 Department and the Social Security Administration, the
178+4 Department of Employment Security, the Department of
179+5 Healthcare and Family Services, the Department of Human
180+6 Services, the Department of Revenue, the Secretary of State,
181+7 the U.S. Department of Veterans Affairs, and any other
182+8 governmental entity. The confidentiality of information
183+9 otherwise shall be maintained as required by law. In addition,
184+10 the Department on Aging shall verify employment information at
185+11 the request of a community care provider for the purpose of
186+12 ensuring program integrity under the Community Care Program.
187+13 (3) To function as the sole State agency to develop a
188+14 comprehensive plan to meet the needs of the State's senior
189+15 citizens and the State's minority senior citizens.
190+16 (4) To receive and disburse State and federal funds made
191+17 available directly to the Department including those funds
192+18 made available under the Older Americans Act and the Senior
193+19 Community Service Employment Program for providing services
194+20 for senior citizens and minority senior citizens or for
195+21 purposes related thereto, and shall develop and administer any
196+22 State Plan for the Aging required by federal law.
197+23 (5) To solicit, accept, hold, and administer in behalf of
198+24 the State any grants or legacies of money, securities, or
199+25 property to the State of Illinois for services to senior
200+26 citizens and minority senior citizens or purposes related
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211+1 thereto.
212+2 (6) To provide consultation and assistance to communities,
213+3 area agencies on aging, and groups developing local services
214+4 for senior citizens and minority senior citizens.
215+5 (7) To promote community education regarding the problems
216+6 of senior citizens and minority senior citizens through
217+7 institutes, publications, radio, television and the local
218+8 press.
219+9 (8) To cooperate with agencies of the federal government
220+10 in studies and conferences designed to examine the needs of
221+11 senior citizens and minority senior citizens and to prepare
222+12 programs and facilities to meet those needs.
223+13 (9) To establish and maintain information and referral
224+14 sources throughout the State when not provided by other
225+15 agencies.
226+16 (10) To provide the staff support that may reasonably be
227+17 required by the Council.
228+18 (11) To make and enforce rules and regulations necessary
229+19 and proper to the performance of its duties.
230+20 (12) To establish and fund programs or projects or
231+21 experimental facilities that are specially designed as
232+22 alternatives to institutional care.
233+23 (13) To develop a training program to train the counselors
234+24 presently employed by the Department's aging network to
235+25 provide Medicare beneficiaries with counseling and advocacy in
236+26 Medicare, private health insurance, and related health care
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247+1 coverage plans. The Department shall report to the General
248+2 Assembly on the implementation of the training program on or
249+3 before December 1, 1986.
250+4 (14) To make a grant to an institution of higher learning
251+5 to study the feasibility of establishing and implementing an
252+6 affirmative action employment plan for the recruitment,
253+7 hiring, training and retraining of persons 60 or more years
254+8 old for jobs for which their employment would not be precluded
255+9 by law.
256+10 (15) To present one award annually in each of the
257+11 categories of community service, education, the performance
258+12 and graphic arts, and the labor force to outstanding Illinois
259+13 senior citizens and minority senior citizens in recognition of
260+14 their individual contributions to either community service,
261+15 education, the performance and graphic arts, or the labor
262+16 force. The awards shall be presented to 4 senior citizens and
263+17 minority senior citizens selected from a list of 44 nominees
264+18 compiled annually by the Department. Nominations shall be
265+19 solicited from senior citizens' service providers, area
266+20 agencies on aging, senior citizens' centers, and senior
267+21 citizens' organizations. The Department shall establish a
268+22 central location within the State to be designated as the
269+23 Senior Illinoisans Hall of Fame for the public display of all
270+24 the annual awards, or replicas thereof.
271+25 (16) To establish multipurpose senior centers through area
272+26 agencies on aging and to fund those new and existing
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283+1 multipurpose senior centers through area agencies on aging,
284+2 the establishment and funding to begin in such areas of the
285+3 State as the Department shall designate by rule and as
286+4 specifically appropriated funds become available.
287+5 (17) (Blank).
288+6 (18) To develop a pamphlet in English and Spanish which
289+7 may be used by physicians licensed to practice medicine in all
290+8 of its branches pursuant to the Medical Practice Act of 1987,
291+9 pharmacists licensed pursuant to the Pharmacy Practice Act,
292+10 and Illinois residents 65 years of age or older for the purpose
293+11 of assisting physicians, pharmacists, and patients in
294+12 monitoring prescriptions provided by various physicians and to
295+13 aid persons 65 years of age or older in complying with
296+14 directions for proper use of pharmaceutical prescriptions. The
297+15 pamphlet may provide space for recording information including
298+16 but not limited to the following:
299+17 (a) name and telephone number of the patient;
300+18 (b) name and telephone number of the prescribing
301+19 physician;
302+20 (c) date of prescription;
303+21 (d) name of drug prescribed;
304+22 (e) directions for patient compliance; and
305+23 (f) name and telephone number of dispensing pharmacy.
306+24 In developing the pamphlet, the Department shall consult
307+25 with the Illinois State Medical Society, the Center for
308+26 Minority Health Services, the Illinois Pharmacists Association
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319+1 and senior citizens organizations. The Department shall
320+2 distribute the pamphlets to physicians, pharmacists and
321+3 persons 65 years of age or older or various senior citizen
322+4 organizations throughout the State.
323+5 (19) To conduct a study of the feasibility of implementing
324+6 the Senior Companion Program throughout the State.
325+7 (20) The reimbursement rates paid through the community
326+8 care program for chore housekeeping services and home care
327+9 aides shall be the same.
328+10 (21) (Blank). From funds appropriated to the Department
329+11 from the Meals on Wheels Fund, a special fund in the State
330+12 treasury that is hereby created, and in accordance with State
331+13 and federal guidelines and the intrastate funding formula, to
332+14 make grants to area agencies on aging, designated by the
333+15 Department, for the sole purpose of delivering meals to
334+16 homebound persons 60 years of age and older.
335+17 (22) To distribute, through its area agencies on aging,
336+18 information alerting seniors on safety issues regarding
337+19 emergency weather conditions, including extreme heat and cold,
338+20 flooding, tornadoes, electrical storms, and other severe storm
339+21 weather. The information shall include all necessary
340+22 instructions for safety and all emergency telephone numbers of
341+23 organizations that will provide additional information and
342+24 assistance.
343+25 (23) To develop guidelines for the organization and
344+26 implementation of Volunteer Services Credit Programs to be
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355+1 administered by Area Agencies on Aging or community based
356+2 senior service organizations. The Department shall hold public
357+3 hearings on the proposed guidelines for public comment,
358+4 suggestion, and determination of public interest. The
359+5 guidelines shall be based on the findings of other states and
360+6 of community organizations in Illinois that are currently
361+7 operating volunteer services credit programs or demonstration
362+8 volunteer services credit programs. The Department shall offer
363+9 guidelines for all aspects of the programs including, but not
364+10 limited to, the following:
365+11 (a) types of services to be offered by volunteers;
366+12 (b) types of services to be received upon the
367+13 redemption of service credits;
368+14 (c) issues of liability for the volunteers and the
369+15 administering organizations;
370+16 (d) methods of tracking service credits earned and
371+17 service credits redeemed;
372+18 (e) issues of time limits for redemption of service
373+19 credits;
374+20 (f) methods of recruitment of volunteers;
375+21 (g) utilization of community volunteers, community
376+22 service groups, and other resources for delivering
377+23 services to be received by service credit program clients;
378+24 (h) accountability and assurance that services will be
379+25 available to individuals who have earned service credits;
380+26 and
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391+1 (i) volunteer screening and qualifications.
392+2 The Department shall submit a written copy of the guidelines
393+3 to the General Assembly by July 1, 1998.
394+4 (24) To function as the sole State agency to receive and
395+5 disburse State and federal funds for providing adult
396+6 protective services in a domestic living situation in
397+7 accordance with the Adult Protective Services Act.
398+8 (25) To hold conferences, trainings, and other programs
399+9 for which the Department shall determine by rule a reasonable
400+10 fee to cover related administrative costs. Rules to implement
401+11 the fee authority granted by this paragraph (25) must be
402+12 adopted in accordance with all provisions of the Illinois
403+13 Administrative Procedure Act and all rules and procedures of
404+14 the Joint Committee on Administrative Rules; any purported
405+15 rule not so adopted, for whatever reason, is unauthorized.
406+16 (Source: P.A. 98-8, eff. 5-3-13; 98-49, eff. 7-1-13; 98-380,
407+17 eff. 8-16-13; 98-756, eff. 7-16-14; 99-331, eff. 1-1-16.)
408+18 Section 5-15. The Renewable Energy, Energy Efficiency, and
409+19 Coal Resources Development Law of 1997 is amended by changing
410+20 Section 6-3 as follows:
411+21 (20 ILCS 687/6-3)
412+22 (Section scheduled to be repealed on December 31, 2025)
413+23 Sec. 6-3. Renewable energy resources program.
414+24 (a) The Environmental Protection Agency, to be called the
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425+1 "Agency" hereinafter in this Law, shall administer the
426+2 Renewable Energy Resources Program to provide grants, loans,
427+3 and other incentives to foster investment in and the
428+4 development and use of renewable energy resources.
429+5 (b) The Agency may, by administrative rule, establish and
430+6 adjust eligibility criteria for grants, loans, and other
431+7 incentives to foster investment in and the development and use
432+8 of renewable energy resources. The criteria should promote the
433+9 goal of fostering investment in and the development and use,
434+10 in Illinois, of renewable energy resources.
435+11 (c) The Agency may accept applications for grants, loans,
436+12 and other incentives to foster investment in and the
437+13 development and use of renewable energy resources.
438+14 (d) To the extent that funds are available and
439+15 appropriated, the Agency shall provide grants, loans, and
440+16 other incentives to applicants that meet the criteria
441+17 specified by the Agency.
442+18 (e) (Blank).
443+19 (f) As used in this Law, "renewable energy resources"
444+20 includes energy from wind, solar thermal energy, photovoltaic
445+21 cells and panels, dedicated crops grown for energy production
446+22 and organic waste biomass, hydropower that does not involve
447+23 new construction or significant expansion of hydropower dams,
448+24 and other such alternative sources of environmentally
449+25 preferable energy. "Renewable energy resources" does not
450+26 include, however, energy from the incineration or burning of
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461+1 waste wood, tires, garbage, general household, institutional
462+2 and commercial waste, industrial lunchroom or office waste,
463+3 landscape waste, or construction or demolition debris.
464+4 (g) (Blank). There is created the Energy Efficiency
465+5 Investment Fund as a special fund in the State Treasury, to be
466+6 administered by the Agency to support the development of
467+7 technologies for wind, biomass, and solar power in Illinois.
468+8 The Agency may accept private and public funds, including
469+9 federal funds, for deposit into the Fund.
470+10 (Source: P.A. 102-444, eff. 8-20-21.)
471+11 (20 ILCS 1135/Act rep.)
472+12 Section 5-20. The Superconducting Super Collider Act is
473+13 repealed.
474+14 Section 5-25. The Illinois Commission on Volunteerism and
475+15 Community Service Act is amended by changing Section 4.5 as
476+16 follows:
477+17 (20 ILCS 1345/4.5)
478+18 Sec. 4.5. Serve Illinois Commission Fund; creation. The
479+19 Serve Illinois Commission Fund is created as a special fund in
480+20 the State treasury. All federal grant moneys awarded in
481+21 support of the activities authorized under this Act to the
482+22 Department of Human Services or the Commission may be
483+23 deposited into the Serve Illinois Commission Fund. In addition
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494+1 to federal grant moneys, the Department and the Commission may
495+2 accept and deposit into the Serve Illinois Commission Fund any
496+3 other funds, grants, gifts, and bequests from any source,
497+4 public or private, in support of the activities authorized
498+5 under this Act. Appropriations from the Serve Illinois
499+6 Commission Fund shall be used for operations, grants, and
500+7 other purposes as authorized by this Act. Upon written
501+8 notification by the Secretary of Human Services, the State
502+9 Comptroller shall direct and the State Treasurer shall
503+10 transfer any remaining balance in the Federal National
504+11 Community Services Grant Fund to the Serve Illinois Commission
505+12 Fund.
506+13 (Source: P.A. 102-699, eff. 4-19-22.)
507+14 Section 5-30. The Mental Health and Developmental
508+15 Disabilities Administrative Act is amended by changing
509+16 Sections 18.4 and 18.5 as follows:
510+17 (20 ILCS 1705/18.4)
511+18 Sec. 18.4. Community Mental Health Medicaid Trust Fund;
512+19 reimbursement.
513+20 (a) The Community Mental Health Medicaid Trust Fund is
514+21 hereby created in the State Treasury.
515+22 (b) Amounts paid to the State during each State fiscal
516+23 year by the federal government under Title XIX or Title XXI of
517+24 the Social Security Act for services delivered by community
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528+1 mental health providers, and any interest earned thereon,
529+2 shall be deposited 100% into the Community Mental Health
530+3 Medicaid Trust Fund. Not more than $4,500,000 of the Community
531+4 Mental Health Medicaid Trust Fund may be used by the
532+5 Department of Human Services' Division of Mental Health for
533+6 oversight and administration of community mental health
534+7 services, and of that amount no more than $1,000,000 may be
535+8 used for the support of community mental health service
536+9 initiatives. The remainder shall be used for the purchase of
537+10 community mental health services.
538+11 (b-5) Whenever a State mental health facility operated by
539+12 the Department is closed and the real estate on which the
540+13 facility is located is sold by the State, the net proceeds of
541+14 the sale of the real estate shall be deposited into the
542+15 Community Mental Health Medicaid Trust Fund and used for the
543+16 purposes enumerated in subsections (c) and (c-1) of Section
544+17 4.6 of the Community Services Act; however, under subsection
545+18 (e) of Section 4.6 of the Community Services Act, the
546+19 Department may set aside a portion of the net proceeds of the
547+20 sale of the real estate for deposit into the Human Services
548+21 Priority Capital Program Fund. The portion set aside shall be
549+22 used for the purposes enumerated in Section 6z-71 of the State
550+23 Finance Act.
551+24 (c) The Department shall reimburse community mental health
552+25 providers for services provided to eligible individuals.
553+26 Moneys in the Trust Fund may be used for that purpose.
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564+1 (c-5) The Community Mental Health Medicaid Trust Fund is
565+2 not subject to administrative charge-backs.
566+3 (c-10) The Department of Human Services shall annually
567+4 report to the Governor and the General Assembly, by September
568+5 1, on both the total revenue deposited into the Trust Fund and
569+6 the total expenditures made from the Trust Fund for the
570+7 previous fiscal year. This report shall include detailed
571+8 descriptions of both revenues and expenditures regarding the
572+9 Trust Fund from the previous fiscal year. This report shall be
573+10 presented by the Secretary of Human Services to the
574+11 appropriate Appropriations Committee in the House of
575+12 Representatives, as determined by the Speaker of the House,
576+13 and in the Senate, as determined by the President of the
577+14 Senate. This report shall be made available to the public and
578+15 shall be published on the Department of Human Services'
579+16 website in an appropriate location, a minimum of one week
580+17 prior to presentation of the report to the General Assembly.
581+18 (d) As used in this Section:
582+19 "Trust Fund" means the Community Mental Health Medicaid
583+20 Trust Fund.
584+21 "Community mental health provider" means a community
585+22 agency that is funded by the Department to provide a service.
586+23 "Service" means a mental health service provided pursuant
587+24 to the provisions of administrative rules adopted by the
588+25 Department and funded by or claimed through the Department of
589+26 Human Services' Division of Mental Health.
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600+1 (Source: P.A. 97-333, eff. 8-12-11; 98-815, eff. 8-1-14.)
601+2 (20 ILCS 1705/18.5)
602+3 Sec. 18.5. Community Developmental Disability Services
603+4 Medicaid Trust Fund; reimbursement.
604+5 (a) The Community Developmental Disability Services
605+6 Medicaid Trust Fund is hereby created in the State treasury.
606+7 (b) Beginning in State fiscal year 2019, funds in any
607+8 fiscal year in amounts not exceeding a total of $60,000,000
608+9 paid to the State by the federal government under Title XIX or
609+10 Title XXI of the Social Security Act for services delivered by
610+11 community developmental disability services providers shall be
611+12 deposited into the Community Developmental Disability Services
612+13 Medicaid Trust Fund to pay for Medicaid-reimbursed community
613+14 developmental disability services provided to eligible
614+15 individuals.
615+16 (b-5) (Blank).
616+17 (b-7) The Community Developmental Disability Services
617+18 Medicaid Trust Fund is not subject to administrative
618+19 charge-backs.
619+20 (b-9) (Blank).
620+21 (b-10) Whenever a State developmental disabilities
621+22 facility operated by the Department is closed and the real
622+23 estate on which the facility is located is sold by the State,
623+24 the net proceeds of the sale of the real estate shall be
624+25 deposited into the Community Developmental Disability Services
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635+1 Medicaid Trust Fund and used for the purposes enumerated in
636+2 subsections (c) and (d) of Section 4.6 of the Community
637+3 Services Act; however, under subsection (e) of Section 4.6 of
638+4 the Community Services Act, the Department may set aside a
639+5 portion of the net proceeds of the sale of the real estate for
640+6 deposit into the Human Services Priority Capital Program Fund.
641+7 The portion set aside shall be used for the purposes
642+8 enumerated in Section 6z-71 of the State Finance Act.
643+9 (c) For purposes of this Section:
644+10 "Trust Fund" means the Community Developmental Disability
645+11 Services Medicaid Trust Fund.
646+12 "Medicaid-reimbursed developmental disability services"
647+13 means services provided by a community developmental
648+14 disability provider under an agreement with the Department
649+15 that is eligible for reimbursement under the federal Title XIX
650+16 program or Title XXI program.
651+17 "Provider" means a qualified entity as defined in the
652+18 State's Home and Community-Based Services Waiver for Persons
653+19 with Developmental Disabilities that is funded by the
654+20 Department to provide a Medicaid-reimbursed service.
655+21 (Source: P.A. 100-587, eff. 6-4-18.)
656+22 Section 5-35. The State Fire Marshal Act is amended by
657+23 changing Section 2.7 as follows:
658+24 (20 ILCS 2905/2.7)
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669+1 Sec. 2.7. Small Fire-fighting and Ambulance Service
670+2 Equipment Grant Program.
671+3 (a) The Office shall establish and administer a Small
672+4 Fire-fighting and Ambulance Service Equipment Grant Program to
673+5 award grants to fire departments, fire protection districts,
674+6 and volunteer, non-profit, stand alone ambulance services for
675+7 the purchase of small fire-fighting and ambulance equipment.
676+8 (b) (Blank).
677+9 (b-1) (Blank). The Fire Service and Small Equipment Fund
678+10 is dissolved. Any moneys remaining in the Fund on the
679+11 effective date of this amendatory Act of the 97th General
680+12 Assembly shall be transferred to the Fire Prevention Fund.
681+13 (c) As used in this Section, "small fire-fighting and
682+14 ambulance equipment" includes, without limitation, turnout
683+15 gear, air packs, thermal imaging cameras, jaws of life,
684+16 defibrillators, communications equipment, including but not
685+17 limited to pagers and radios, and other fire-fighting or life
686+18 saving equipment, as determined by the State Fire Marshal.
687+19 (d) The Office shall adopt any rules necessary for the
688+20 implementation and administration of this Section.
689+21 (Source: P.A. 96-386, eff. 8-13-09; 97-901, eff. 1-1-13.)
690+22 Section 5-40. The Historic Preservation Act is amended by
691+23 changing Section 16 as follows:
692+24 (20 ILCS 3405/16) (from Ch. 127, par. 2716)
693+
694+
695+
696+
697+
698+ HB5601 Enrolled - 20 - LRB103 38592 MXP 68728 b
699+
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701+HB5601 Enrolled- 21 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 21 - LRB103 38592 MXP 68728 b
702+ HB5601 Enrolled - 21 - LRB103 38592 MXP 68728 b
703+1 Sec. 16. The Department shall have the following
704+2 additional powers:
705+3 (a) To hire agents and employees necessary to carry
706+4 out the duties and purposes of this Act.
707+5 (b) To take all measures necessary to erect, maintain,
708+6 preserve, restore, and conserve all State Historic Sites
709+7 and State Memorials, except when supervision and
710+8 maintenance is otherwise provided by law. This
711+9 authorization includes the power to enter into contracts,
712+10 acquire and dispose of real and personal property, and
713+11 enter into leases of real and personal property. The
714+12 Department has the power to acquire, for purposes
715+13 authorized by law, any real property in fee simple subject
716+14 to a life estate in the seller in not more than 3 acres of
717+15 the real property acquired, subject to the restrictions
718+16 that the life estate shall be used for residential
719+17 purposes only and that it shall be non-transferable.
720+18 (c) To provide recreational facilities, including
721+19 campsites, lodges and cabins, trails, picnic areas, and
722+20 related recreational facilities, at all sites under the
723+21 jurisdiction of the Department.
724+22 (d) To lay out, construct, and maintain all needful
725+23 roads, parking areas, paths or trails, bridges, camp or
726+24 lodge sites, picnic areas, lodges and cabins, and any
727+25 other structures and improvements necessary and
728+26 appropriate in any State historic site or easement
729+
730+
731+
732+
733+
734+ HB5601 Enrolled - 21 - LRB103 38592 MXP 68728 b
735+
736+
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738+ HB5601 Enrolled - 22 - LRB103 38592 MXP 68728 b
739+1 thereto; and to provide water supplies, heat and light,
740+2 and sanitary facilities for the public and living quarters
741+3 for the custodians and keepers of State historic sites.
742+4 (e) To grant licenses and rights-of-way within the
743+5 areas controlled by the Department for the construction,
744+6 operation, and maintenance upon, under or across the
745+7 property, of facilities for water, sewage, telephone,
746+8 telegraph, electric, gas, or other public service, subject
747+9 to the terms and conditions as may be determined by the
748+10 Department.
749+11 (f) To authorize the officers, employees, and agents
750+12 of the Department, for the purposes of investigation and
751+13 to exercise the rights, powers, and duties vested and that
752+14 may be vested in it, to enter and cross all lands and
753+15 waters in this State, doing no damage to private property.
754+16 (g) To transfer jurisdiction of or exchange any realty
755+17 under the control of the Department to any other
756+18 Department of the State Government, or to any agency of
757+19 the Federal Government, or to acquire or accept Federal
758+20 lands, when any transfer, exchange, acquisition, or
759+21 acceptance is advantageous to the State and is approved in
760+22 writing by the Governor.
761+23 (h) To erect, supervise, and maintain all public
762+24 monuments and memorials erected by the State, except when
763+25 the supervision and maintenance of public monuments and
764+26 memorials is otherwise provided by law.
765+
766+
767+
768+
769+
770+ HB5601 Enrolled - 22 - LRB103 38592 MXP 68728 b
771+
772+
773+HB5601 Enrolled- 23 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 23 - LRB103 38592 MXP 68728 b
774+ HB5601 Enrolled - 23 - LRB103 38592 MXP 68728 b
775+1 (i) To accept, hold, maintain, and administer, as
776+2 trustee, property given in trust for educational or
777+3 historic purposes for the benefit of the People of the
778+4 State of Illinois and to dispose of any property under the
779+5 terms of the instrument creating the trust.
780+6 (j) To lease concessions on any property under the
781+7 jurisdiction of the Department for a period not exceeding
782+8 25 years and to lease a concession complex at Lincoln's
783+9 New Salem State Historic Site for which a cash incentive
784+10 has been authorized under Section 5.1 of this Act for a
785+11 period not to exceed 40 years. All leases, for whatever
786+12 period, shall be made subject to the written approval of
787+13 the Governor. All concession leases extending for a period
788+14 in excess of 10 years, will contain provisions for the
789+15 Department to participate, on a percentage basis, in the
790+16 revenues generated by any concession operation.
791+17 The Department is authorized to allow for provisions
792+18 for a reserve account and a leasehold account within
793+19 Department concession lease agreements for the purpose of
794+20 setting aside revenues for the maintenance,
795+21 rehabilitation, repair, improvement, and replacement of
796+22 the concession facility, structure, and equipment of the
797+23 Department that are part of the leased premises.
798+24 The lessee shall be required to pay into the reserve
799+25 account a percentage of gross receipts, as set forth in
800+26 the lease, to be set aside and expended in a manner
801+
802+
803+
804+
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806+ HB5601 Enrolled - 23 - LRB103 38592 MXP 68728 b
807+
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810+ HB5601 Enrolled - 24 - LRB103 38592 MXP 68728 b
811+1 acceptable to the Department by the concession lessee for
812+2 the purpose of ensuring that an appropriate amount of the
813+3 lessee's moneys are provided by the lessee to satisfy the
814+4 lessee's incurred responsibilities for the operation of
815+5 the concession facility under the terms and conditions of
816+6 the concession lease.
817+7 The lessee account shall allow for the amortization of
818+8 certain authorized expenses that are incurred by the
819+9 concession lessee but that are not an obligation of the
820+10 lessee under the terms and conditions of the lease
821+11 agreement. The Department may allow a reduction of up to
822+12 50% of the monthly rent due for the purpose of enabling the
823+13 recoupment of the lessee's authorized expenditures during
824+14 the term of the lease.
825+15 (k) To sell surplus agricultural products grown on
826+16 land owned by or under the jurisdiction of the Department,
827+17 when the products cannot be used by the Department.
828+18 (l) To enforce the laws of the State and the rules and
829+19 regulations of the Department in or on any lands owned,
830+20 leased, or managed by the Department.
831+21 (m) To cooperate with private organizations and
832+22 agencies of the State of Illinois by providing areas and
833+23 the use of staff personnel where feasible for the sale of
834+24 publications on the historic and cultural heritage of the
835+25 State and craft items made by Illinois craftsmen. These
836+26 sales shall not conflict with existing concession
837+
838+
839+
840+
841+
842+ HB5601 Enrolled - 24 - LRB103 38592 MXP 68728 b
843+
844+
845+HB5601 Enrolled- 25 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 25 - LRB103 38592 MXP 68728 b
846+ HB5601 Enrolled - 25 - LRB103 38592 MXP 68728 b
847+1 agreements. The Department is authorized to negotiate with
848+2 the organizations and agencies for a portion of the monies
849+3 received from sales to be returned to the Illinois
850+4 Department's Historic Sites Fund for the furtherance of
851+5 interpretive and restoration programs.
852+6 (n) To establish local bank or savings and loan
853+7 association accounts, upon the written authorization of
854+8 the Director, to temporarily hold income received at any
855+9 of its properties. The local accounts established under
856+10 this Section shall be in the name of the Department and
857+11 shall be subject to regular audits. The balance in a local
858+12 bank or savings and loan association account shall be
859+13 forwarded to the Department for deposit with the State
860+14 Treasurer on Monday of each week if the amount to be
861+15 deposited in a fund exceeds $500.
862+16 No bank or savings and loan association shall receive
863+17 public funds as permitted by this Section, unless it has
864+18 complied with the requirements established under Section 6
865+19 of the Public Funds Investment Act.
866+20 (o) To accept offers of gifts, gratuities, or grants
867+21 from the federal government, its agencies, or offices, or
868+22 from any person, firm, or corporation.
869+23 (p) To make reasonable rules and regulations as may be
870+24 necessary to discharge the duties of the Department.
871+25 (q) With appropriate cultural organizations, to
872+26 further and advance the goals of the Department.
873+
874+
875+
876+
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879+
880+
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882+ HB5601 Enrolled - 26 - LRB103 38592 MXP 68728 b
883+1 (r) To make grants for the purposes of planning,
884+2 survey, rehabilitation, restoration, reconstruction,
885+3 landscaping, and acquisition of Illinois properties (i)
886+4 designated individually in the National Register of
887+5 Historic Places, (ii) designated as a landmark under a
888+6 county or municipal landmark ordinance, or (iii) located
889+7 within a National Register of Historic Places historic
890+8 district or a locally designated historic district when
891+9 the Director determines that the property is of historic
892+10 significance whenever an appropriation is made therefor by
893+11 the General Assembly or whenever gifts or grants are
894+12 received for that purpose and to promulgate regulations as
895+13 may be necessary or desirable to carry out the purposes of
896+14 the grants.
897+15 Grantees may, as prescribed by rule, be required to
898+16 provide matching funds for each grant. Grants made under
899+17 this subsection shall be known as Illinois Heritage
900+18 Grants.
901+19 Every owner of a historic property, or the owner's
902+20 agent, is eligible to apply for a grant under this
903+21 subsection.
904+22 (s) To establish and implement a pilot program for
905+23 charging admission to State historic sites. Fees may be
906+24 charged for special events, admissions, and parking or any
907+25 combination; fees may be charged at all sites or selected
908+26 sites. All fees shall be deposited into the Illinois
909+
910+
911+
912+
913+
914+ HB5601 Enrolled - 26 - LRB103 38592 MXP 68728 b
915+
916+
917+HB5601 Enrolled- 27 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 27 - LRB103 38592 MXP 68728 b
918+ HB5601 Enrolled - 27 - LRB103 38592 MXP 68728 b
919+1 Historic Sites Fund. The Department shall have the
920+2 discretion to set and adjust reasonable fees at the
921+3 various sites, taking into consideration various factors,
922+4 including, but not limited to: cost of services furnished
923+5 to each visitor, impact of fees on attendance and tourism,
924+6 and the costs expended collecting the fees. The Department
925+7 shall keep careful records of the income and expenses
926+8 resulting from the imposition of fees, shall keep records
927+9 as to the attendance at each historic site, and shall
928+10 report to the Governor and General Assembly by January 31
929+11 after the close of each year. The report shall include
930+12 information on costs, expenses, attendance, comments by
931+13 visitors, and any other information the Department may
932+14 believe pertinent, including:
933+15 (1) Recommendations as to whether fees should be
934+16 continued at each State historic site.
935+17 (2) How the fees should be structured and imposed.
936+18 (3) Estimates of revenues and expenses associated
937+19 with each site.
938+20 (t) To provide for overnight tent and trailer
939+21 campsites and to provide suitable housing facilities for
940+22 student and juvenile overnight camping groups. The
941+23 Department shall charge rates similar to those charged by
942+24 the Department for the same or similar facilities and
943+25 services.
944+26 (u) To engage in marketing activities designed to
945+
946+
947+
948+
949+
950+ HB5601 Enrolled - 27 - LRB103 38592 MXP 68728 b
951+
952+
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954+ HB5601 Enrolled - 28 - LRB103 38592 MXP 68728 b
955+1 promote the sites and programs administered by the
956+2 Department. In undertaking these activities, the
957+3 Department may take all necessary steps with respect to
958+4 products and services, including, but not limited to,
959+5 retail sales, wholesale sales, direct marketing, mail
960+6 order sales, telephone sales, advertising and promotion,
961+7 purchase of product and materials inventory, design,
962+8 printing and manufacturing of new products, reproductions,
963+9 and adaptations, copyright and trademark licensing and
964+10 royalty agreements, and payment of applicable taxes. In
965+11 addition, the Department shall have the authority to sell
966+12 advertising in its publications and printed materials. All
967+13 income from marketing activities shall be deposited into
968+14 the Illinois Historic Sites Fund.
969+15 (Source: P.A. 102-1005, eff. 5-27-22.)
970+16 Section 5-45. The Archaeological and Paleontological
971+17 Resources Protection Act is amended by changing Section 5 as
972+18 follows:
973+19 (20 ILCS 3435/5) (from Ch. 127, par. 133c5)
974+20 Sec. 5. Penalties. Any violation of Section 3 not
975+21 involving the disturbance of human remains is a Class A
976+22 misdemeanor and the violator shall also be subject to a fine
977+23 not in excess of $5,000; any subsequent violation is a Class 4
978+24 felony. Any violation of Section 3 involving disturbance of
979+
980+
981+
982+
983+
984+ HB5601 Enrolled - 28 - LRB103 38592 MXP 68728 b
985+
986+
987+HB5601 Enrolled- 29 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 29 - LRB103 38592 MXP 68728 b
988+ HB5601 Enrolled - 29 - LRB103 38592 MXP 68728 b
989+1 human remains is a Class 4 felony. Each disturbance of an
990+2 archaeological site or a paleontological site shall constitute
991+3 a single offense. Persons convicted of a violation of Section
992+4 3 shall also be ordered to pay restitution. Such restitution
993+5 is to be assessed by the circuit court. Restitution may
994+6 include, but is not limited to:
995+7 (a) (blank);
996+8 (b) any and all costs incurred in cleaning, restoring,
997+9 analyzing, accessioning and curating the recovered
998+10 materials;
999+11 (c) any and all costs associated with restoring the
1000+12 land to its original contour;
1001+13 (d) any and all costs associated with recovery of data
1002+14 and analyzing, publishing, accessioning and curating
1003+15 materials when the prohibited activity is so extensive as
1004+16 to preclude the restoration of the archaeological or
1005+17 paleontological site;
1006+18 (e) any and all costs associated with the
1007+19 determination and collection of restitution.
1008+20 When restitution is ordered in a case that is prosecuted
1009+21 by the Attorney General, all restitution shall be deposited
1010+22 into the Illinois Historic Sites Fund; when restitution is
1011+23 ordered in a case that is prosecuted by the State's Attorney,
1012+24 the proceeds shall be deposited into the county fund
1013+25 designated by the county board.
1014+26 (Source: P.A. 103-446, eff. 8-4-23.)
1015+
1016+
1017+
1018+
1019+
1020+ HB5601 Enrolled - 29 - LRB103 38592 MXP 68728 b
1021+
1022+
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1024+ HB5601 Enrolled - 30 - LRB103 38592 MXP 68728 b
1025+1 Section 5-50. The State Finance Act is amended by changing
1026+2 Sections 5, 6z-82, and 8.8a as follows:
1027+3 (30 ILCS 105/5) (from Ch. 127, par. 141)
1028+4 Sec. 5. Special funds.
1029+5 (a) There are special funds in the State Treasury
1030+6 designated as specified in the Sections which succeed this
1031+7 Section 5 and precede Section 5d 6.
1032+8 (b) Except as provided in the Illinois Vehicle Hijacking
1033+9 and Motor Vehicle Theft Prevention and Insurance Verification
1034+10 Act, when any special fund in the State Treasury is
1035+11 discontinued by an Act of the General Assembly, any balance
1036+12 remaining therein on the effective date of such Act shall be
1037+13 transferred to the General Revenue Fund, or to such other fund
1038+14 as such Act shall provide. Warrants outstanding against such
1039+15 discontinued fund at the time of the transfer of any such
1040+16 balance therein shall be paid out of the fund to which the
1041+17 transfer was made.
1042+18 (c) When any special fund in the State Treasury has been
1043+19 inactive for 18 months or longer, the Comptroller may
1044+20 terminate the fund, and the balance remaining in such fund
1045+21 shall be transferred by the Comptroller to the General Revenue
1046+22 Fund. When a special fund has been terminated by the
1047+23 Comptroller as provided in this Section, the General Assembly
1048+24 shall repeal or amend all Sections of the statutes creating or
1049+
1050+
1051+
1052+
1053+
1054+ HB5601 Enrolled - 30 - LRB103 38592 MXP 68728 b
1055+
1056+
1057+HB5601 Enrolled- 31 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 31 - LRB103 38592 MXP 68728 b
1058+ HB5601 Enrolled - 31 - LRB103 38592 MXP 68728 b
1059+1 otherwise referring to that fund.
1060+2 The Comptroller shall be allowed the discretion to
1061+3 maintain or dissolve any federal trust fund which has been
1062+4 inactive for 18 months or longer.
1063+5 (d) (Blank).
1064+6 (e) (Blank).
1065+7 (Source: P.A. 102-904, eff. 1-1-23; 103-266, eff. 1-1-24.)
1066+8 (30 ILCS 105/6z-82)
1067+9 Sec. 6z-82. State Police Operations Assistance Fund.
1068+10 (a) There is created in the State treasury a special fund
1069+11 known as the State Police Operations Assistance Fund. The Fund
1070+12 shall receive revenue under the Criminal and Traffic
1071+13 Assessment Act. The Fund may also receive revenue from grants,
1072+14 donations, appropriations, and any other legal source.
1073+15 (a-5) (Blank). This Fund may charge, collect, and receive
1074+16 fees or moneys as described in Section 15-312 of the Illinois
1075+17 Vehicle Code, and receive all fees received by the Illinois
1076+18 State Police under that Section. The moneys shall be used by
1077+19 the Illinois State Police for its expenses in providing police
1078+20 escorts and commercial vehicle enforcement activities.
1079+21 (b) The Illinois State Police may use moneys in the Fund to
1080+22 finance any of its lawful purposes or functions.
1081+23 (c) Expenditures may be made from the Fund only as
1082+24 appropriated by the General Assembly by law.
1083+25 (d) Investment income that is attributable to the
1084+
1085+
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1090+
1091+
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1093+ HB5601 Enrolled - 32 - LRB103 38592 MXP 68728 b
1094+1 investment of moneys in the Fund shall be retained in the Fund
1095+2 for the uses specified in this Section.
1096+3 (e) The State Police Operations Assistance Fund shall not
1097+4 be subject to administrative chargebacks.
1098+5 (f) (Blank).
1099+6 (g) (Blank).
1100+7 (h) (Blank). Notwithstanding any other provision of law,
1101+8 in addition to any other transfers that may be provided by law,
1102+9 on the effective date of this amendatory Act of the 103rd
1103+10 General Assembly, or as soon thereafter as practical, the
1104+11 State Comptroller shall direct and the State Treasurer shall
1105+12 transfer the remaining balance from the State Police
1106+13 Streetgang-Related Crime Fund to the State Police Operations
1107+14 Assistance Fund. Upon completion of the transfers, the State
1108+15 Police Streetgang-Related Crime Fund is dissolved, and any
1109+16 future deposits into the State Police Streetgang-Related Crime
1110+17 Fund and any outstanding obligations or liabilities of the
1111+18 State Police Streetgang-Related Crime Fund pass to the State
1112+19 Police Operations Assistance Fund.
1113+20 (Source: P.A. 102-16, eff. 6-17-21; 102-505, eff. 8-20-21;
1114+21 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-34, eff.
1115+22 6-9-23; 103-363, eff. 7-28-23; revised 9-7-23.)
1116+23 (30 ILCS 105/8.8a) (from Ch. 127, par. 144.8a)
1117+24 Sec. 8.8a. Appropriations for the sale or transfer of
1118+25 surplus or transferable property by the Department of Central
1119+
1120+
1121+
1122+
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1125+
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1128+ HB5601 Enrolled - 33 - LRB103 38592 MXP 68728 b
1129+1 Management Services, and for all other expenses incident to
1130+2 the handling, transportation, maintenance and storage of such
1131+3 surplus property, including personal services and contractual
1132+4 services connected therewith and for expenses incident to the
1133+5 establishment and operation of wastepaper recycling programs
1134+6 by the Department, are payable from the State Surplus Property
1135+7 Revolving Fund through the end of State fiscal year 2020, and
1136+8 shall be payable from the General Revenue Fund beginning in
1137+9 State fiscal year 2021.
1138+10 (Source: P.A. 101-636, eff. 6-10-20.)
1139+11 (30 ILCS 105/5.544 rep.)
1140+12 (30 ILCS 105/5.668 rep.)
1141+13 (30 ILCS 105/5.709 rep.)
1142+14 (30 ILCS 105/5.795 rep.)
1143+15 (30 ILCS 105/6p-3 rep.)
1144+16 Section 5-55. The State Finance Act is amended by
1145+17 repealing Sections 5.544, 5.668, 5.709, 5.795, and 6p-3.
1146+18 (30 ILCS 145/Act rep.)
1147+19 Section 5-60. The Heritage Preservation Act is repealed.
1148+20 (30 ILCS 175/Act rep.)
1149+21 Section 5-65. The United States Olympians Assistance Act
1150+22 is repealed.
1151+
1152+
1153+
1154+
1155+
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1157+
1158+
1159+HB5601 Enrolled- 34 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 34 - LRB103 38592 MXP 68728 b
1160+ HB5601 Enrolled - 34 - LRB103 38592 MXP 68728 b
1161+1 (30 ILCS 190/Act rep.)
1162+2 Section 5-70. The Cash Management and Medicaid
1163+3 Maximization Act of 2011 is repealed.
1164+4 Section 5-75. The Federal Commodity Disbursement Act is
1165+5 amended by changing Section 2 as follows:
1166+6 (30 ILCS 255/2) (from Ch. 127, par. 176c)
1167+7 Sec. 2. Any officer, department or agency of this State
1168+8 who or which shall be designated by the Governor as the State
1169+9 Agency for Surplus Property Utilization is authorized to
1170+10 promulgate regulations for the carrying out of its
1171+11 distribution of surplus funds and commodities. All fees and
1172+12 moneys collected or received by the employees or agents of the
1173+13 State officer or agency who or which is designated as the
1174+14 receiving agency shall be deposited into the General Revenue
1175+15 Fund paid or turned over to and held by the State Treasurer as
1176+16 ex officio custodian thereof separate and apart from all
1177+17 public funds or moneys of this State and shall be known as the
1178+18 Federal account of the State Surplus Property Revolving Fund,
1179+19 to be administered by the designated State officer or agency.
1180+20 All disbursements from this fund shall be made only upon
1181+21 warrants of the State Comptroller drawn upon the Treasurer as
1182+22 custodian of this fund upon vouchers signed by the designated
1183+23 State officer or agency, and the Comptroller is hereby
1184+24 authorized to draw such warrants upon vouchers so signed. The
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1195+1 Treasurer shall accept all warrants so signed and shall be
1196+2 released from liability for all payments made thereon.
1197+3 (Source: P.A. 83-9.)
1198+4 (30 ILCS 750/Art. 2 rep.)
1199+5 Section 5-80. The Build Illinois Act is amended by
1200+6 repealing Article 2.
1201+7 Section 5-85. The School Code is amended by changing
1202+8 Section 27-12.1 as follows:
1203+9 (105 ILCS 5/27-12.1) (from Ch. 122, par. 27-12.1)
1204+10 Sec. 27-12.1. Consumer education.
1205+11 (a) Pupils in the public schools in grades 9 through 12
1206+12 shall be taught and be required to study courses which include
1207+13 instruction in the area of consumer education, including but
1208+14 not necessarily limited to (i) understanding the basic
1209+15 concepts of financial literacy, including consumer debt and
1210+16 installment purchasing (including credit scoring, managing
1211+17 credit debt, and completing a loan application), budgeting,
1212+18 savings and investing, banking (including balancing a
1213+19 checkbook, opening a deposit account, and the use of interest
1214+20 rates), understanding simple contracts, State and federal
1215+21 income taxes, personal insurance policies, the comparison of
1216+22 prices, higher education student loans, identity-theft
1217+23 security, and homeownership (including the basic process of
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1225+
1226+HB5601 Enrolled- 36 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 36 - LRB103 38592 MXP 68728 b
1227+ HB5601 Enrolled - 36 - LRB103 38592 MXP 68728 b
1228+1 obtaining a mortgage and the concepts of fixed and adjustable
1229+2 rate mortgages, subprime loans, and predatory lending), and
1230+3 (ii) understanding the roles of consumers interacting with
1231+4 agriculture, business, labor unions and government in
1232+5 formulating and achieving the goals of the mixed free
1233+6 enterprise system. The State Board of Education shall devise
1234+7 or approve the consumer education curriculum for grades 9
1235+8 through 12 and specify the minimum amount of instruction to be
1236+9 devoted thereto.
1237+10 (b) (Blank).
1238+11 (c) (Blank). The Financial Literacy Fund is created as a
1239+12 special fund in the State treasury. State funds and private
1240+13 contributions for the promotion of financial literacy shall be
1241+14 deposited into the Financial Literacy Fund. All money in the
1242+15 Financial Literacy Fund shall be used, subject to
1243+16 appropriation, by the State Board of Education to award grants
1244+17 to school districts for the following:
1245+18 (1) Defraying the costs of financial literacy training
1246+19 for teachers.
1247+20 (2) Rewarding a school or teacher who wins or achieves
1248+21 results at a certain level of success in a financial
1249+22 literacy competition.
1250+23 (3) Rewarding a student who wins or achieves results
1251+24 at a certain level of success in a financial literacy
1252+25 competition.
1253+26 (4) Funding activities, including books, games, field
1254+
1255+
1256+
1257+
1258+
1259+ HB5601 Enrolled - 36 - LRB103 38592 MXP 68728 b
1260+
1261+
1262+HB5601 Enrolled- 37 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 37 - LRB103 38592 MXP 68728 b
1263+ HB5601 Enrolled - 37 - LRB103 38592 MXP 68728 b
1264+1 trips, computers, and other activities, related to
1265+2 financial literacy education.
1266+3 In awarding grants, every effort must be made to ensure
1267+4 that all geographic areas of the State are represented.
1268+5 (d) A school board may establish a special fund in which to
1269+6 receive public funds and private contributions for the
1270+7 promotion of financial literacy. Money in the fund shall be
1271+8 used for the following:
1272+9 (1) Defraying the costs of financial literacy training
1273+10 for teachers.
1274+11 (2) Rewarding a school or teacher who wins or achieves
1275+12 results at a certain level of success in a financial
1276+13 literacy competition.
1277+14 (3) Rewarding a student who wins or achieves results
1278+15 at a certain level of success in a financial literacy
1279+16 competition.
1280+17 (4) Funding activities, including books, games, field
1281+18 trips, computers, and other activities, related to
1282+19 financial literacy education.
1283+20 (e) The State Board of Education, upon the next
1284+21 comprehensive review of the Illinois Learning Standards, is
1285+22 urged to include the basic principles of personal insurance
1286+23 policies and understanding simple contracts.
1287+24 (Source: P.A. 99-284, eff. 8-5-15.)
1288+25 Section 5-90. The Community Association Manager Licensing
1289+
1290+
1291+
1292+
1293+
1294+ HB5601 Enrolled - 37 - LRB103 38592 MXP 68728 b
1295+
1296+
1297+HB5601 Enrolled- 38 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 38 - LRB103 38592 MXP 68728 b
1298+ HB5601 Enrolled - 38 - LRB103 38592 MXP 68728 b
1299+1 and Disciplinary Act is amended by changing Section 65 as
1300+2 follows:
1301+3 (225 ILCS 427/65)
1302+4 (Section scheduled to be repealed on January 1, 2027)
1303+5 Sec. 65. Fees; Division of Real Estate General Fund.
1304+6 (a) The fees for the administration and enforcement of
1305+7 this Act, including, but not limited to, initial licensure,
1306+8 renewal, and restoration, shall be set by rule of the
1307+9 Department. The fees shall be nonrefundable.
1308+10 (b) In addition to the application fee, applicants for the
1309+11 examination are required to pay, either to the Department or
1310+12 the designated testing service, a fee covering the cost of
1311+13 determining an applicant's eligibility and providing the
1312+14 examination. Failure to appear for the examination on the
1313+15 scheduled date, at the time and place specified, after the
1314+16 applicant's application and fee for examination have been
1315+17 received and acknowledged by the Department or the designated
1316+18 testing service, shall result in the forfeiture of the fee.
1317+19 (c) All Prior to July 1, 2023, all fees, fines, penalties,
1318+20 or other monies received or collected pursuant to this Act
1319+21 shall be deposited in the Community Association Manager
1320+22 Licensing and Disciplinary Fund. Beginning on July 1, 2023,
1321+23 all fees, fines, penalties, or other monies received or
1322+24 collected pursuant to this Act shall be deposited in the
1323+25 Division of Real Estate General Fund.
1324+
1325+
1326+
1327+
1328+
1329+ HB5601 Enrolled - 38 - LRB103 38592 MXP 68728 b
1330+
1331+
1332+HB5601 Enrolled- 39 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 39 - LRB103 38592 MXP 68728 b
1333+ HB5601 Enrolled - 39 - LRB103 38592 MXP 68728 b
1334+1 (d) Moneys in the Community Association Manager Licensing
1335+2 and Disciplinary Fund and the Division of Real Estate General
1336+3 Fund may be transferred to the Professions Indirect Cost Fund,
1337+4 as authorized under Section 2105-300 of the Department of
1338+5 Professional Regulation Law of the Civil Administrative Code
1339+6 of Illinois.
1340+7 (e) (Blank). Notwithstanding any other provision of law,
1341+8 in addition to any other transfers that may be provided by law,
1342+9 on July 1, 2023, or as soon thereafter as practical, the State
1343+10 Comptroller shall direct and the State Treasurer shall
1344+11 transfer the remaining balance from the Community Association
1345+12 Manager Licensing and Disciplinary Fund into the Division of
1346+13 Real Estate General Fund. Upon completion of the transfer, the
1347+14 Community Association Manager Licensing and Disciplinary Fund
1348+15 is dissolved, and any future deposits due to that Fund and any
1349+16 outstanding obligations or liabilities of that Fund pass to
1350+17 the Division of Real Estate General Fund.
1351+18 (Source: P.A. 102-20, eff. 1-1-22; 102-970, eff. 5-27-22.)
1352+19 Section 5-95. The Home Inspector License Act is amended by
1353+20 changing Sections 15-5 and 25-5 as follows:
1354+21 (225 ILCS 441/15-5)
1355+22 (Section scheduled to be repealed on January 1, 2027)
1356+23 Sec. 15-5. Unlicensed practice; civil penalty.
1357+24 (a) Any person who practices, offers to practice, attempts
1358+
1359+
1360+
1361+
1362+
1363+ HB5601 Enrolled - 39 - LRB103 38592 MXP 68728 b
1364+
1365+
1366+HB5601 Enrolled- 40 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 40 - LRB103 38592 MXP 68728 b
1367+ HB5601 Enrolled - 40 - LRB103 38592 MXP 68728 b
1368+1 to practice, or holds oneself out to practice home inspection
1369+2 or as a home inspector without being licensed under this Act
1370+3 shall, in addition to any other penalty provided by law, pay a
1371+4 civil penalty to the Department in an amount not to exceed
1372+5 $25,000 for each violation of this Act as determined by the
1373+6 Department. The civil penalty shall be assessed by the
1374+7 Department after a hearing is held in accordance with the
1375+8 provisions of this Act.
1376+9 (b) The Department has the authority and power to
1377+10 investigate any unlicensed activity.
1378+11 (c) A civil penalty shall be paid within 60 days after the
1379+12 effective date of the order imposing the civil penalty. The
1380+13 Department may petition the circuit court for a judgment to
1381+14 enforce the collection of the penalty. Any Prior to July 1,
1382+15 2023, any civil penalties collected under this Act shall be
1383+16 made payable to the Department and deposited into the Home
1384+17 Inspector Administration Fund. Beginning on July 1, 2023, any
1385+18 civil penalties collected under this Act shall be made payable
1386+19 to the Department and deposited into the Division of Real
1387+20 Estate General Fund.
1388+21 (Source: P.A. 102-970, eff. 5-27-22.)
1389+22 (225 ILCS 441/25-5)
1390+23 (Section scheduled to be repealed on January 1, 2027)
1391+24 Sec. 25-5. Division of Real Estate General Fund;
1392+25 surcharge.
1393+
1394+
1395+
1396+
1397+
1398+ HB5601 Enrolled - 40 - LRB103 38592 MXP 68728 b
1399+
1400+
1401+HB5601 Enrolled- 41 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 41 - LRB103 38592 MXP 68728 b
1402+ HB5601 Enrolled - 41 - LRB103 38592 MXP 68728 b
1403+1 (a) (Blank). The Home Inspector Administration Fund is
1404+2 created as a special fund in the State Treasury. Prior to July
1405+3 1, 2023, all fees, fines, and penalties received by the
1406+4 Department under this Act shall be deposited into the Home
1407+5 Inspector Administration Fund. All earnings attributable to
1408+6 investment of funds in the Home Inspector Administration Fund
1409+7 shall be credited to the Home Inspector Administration Fund.
1410+8 Subject to appropriation, the moneys in the Home Inspector
1411+9 Administration Fund shall be appropriated to the Department
1412+10 for the expenses incurred by the Department in the
1413+11 administration of this Act.
1414+12 (a-5) The Division of Real Estate General Fund is created
1415+13 as a special fund in the State Treasury. All Beginning on July
1416+14 1, 2023, all fees, fines, and penalties received by the
1417+15 Department under this Act shall be deposited into the Division
1418+16 of Real Estate General Fund. All earnings attributable to
1419+17 investment of funds in the Division of Real Estate General
1420+18 Fund shall be credited to the Division of Real Estate General
1421+19 Fund. Subject to appropriation, the moneys in the Division of
1422+20 Real Estate General Fund shall be appropriated to the
1423+21 Department for the expenses incurred by the Department in the
1424+22 administration of this Act.
1425+23 (b) (Blank).
1426+24 (c) (Blank).
1427+25 (c-5) Moneys in the Home Inspection Administration Fund
1428+26 and the Division of Real Estate General Fund may be
1429+
1430+
1431+
1432+
1433+
1434+ HB5601 Enrolled - 41 - LRB103 38592 MXP 68728 b
1435+
1436+
1437+HB5601 Enrolled- 42 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 42 - LRB103 38592 MXP 68728 b
1438+ HB5601 Enrolled - 42 - LRB103 38592 MXP 68728 b
1439+1 transferred to the Professions Indirect Cost Fund, as
1440+2 authorized under Section 2105-300 of the Department of
1441+3 Professional Regulation Law of the Civil Administrative Code
1442+4 of Illinois.
1443+5 (d) Upon the completion of any audit of the Department, as
1444+6 prescribed by the Illinois State Auditing Act, that includes
1445+7 an audit of the Home Inspector Administration Fund or the
1446+8 Division of Real Estate General Fund, the Department shall
1447+9 make the audit report open to inspection by any interested
1448+10 person.
1449+11 (e) (Blank). Notwithstanding any other provision of law,
1450+12 in addition to any other transfers that may be provided by law,
1451+13 on July 1, 2023, or as soon thereafter as practical, the State
1452+14 Comptroller shall direct and the State Treasurer shall
1453+15 transfer the remaining balance from the Home Inspector
1454+16 Administration Fund into the Division of Real Estate General
1455+17 Fund. Upon completion of the transfer, the Home Inspector
1456+18 Administration Fund is dissolved, and any future deposits due
1457+19 to that Fund and any outstanding obligations or liabilities of
1458+20 that Fund pass to the Division of Real Estate General Fund.
1459+21 (Source: P.A. 102-970, eff. 5-27-22.)
1460+22 Section 5-100. The Illinois Affordable Housing Act is
1461+23 amended by changing Sections 3 and 7 as follows:
1462+24 (310 ILCS 65/3) (from Ch. 67 1/2, par. 1253)
1463+
1464+
1465+
1466+
1467+
1468+ HB5601 Enrolled - 42 - LRB103 38592 MXP 68728 b
1469+
1470+
1471+HB5601 Enrolled- 43 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 43 - LRB103 38592 MXP 68728 b
1472+ HB5601 Enrolled - 43 - LRB103 38592 MXP 68728 b
1473+1 Sec. 3. Definitions. As used in this Act:
1474+2 (a) "Program" means the Illinois Affordable Housing
1475+3 Program.
1476+4 (b) "Trust Fund" means the Illinois Affordable Housing
1477+5 Trust Fund.
1478+6 (b-5) (Blank). "Capital Fund" means the Illinois
1479+7 Affordable Housing Capital Fund.
1480+8 (c) "Low-income household" means a single person, family
1481+9 or unrelated persons living together whose adjusted income is
1482+10 more than 50%, but less than 80%, of the median income of the
1483+11 area of residence, adjusted for family size, as such adjusted
1484+12 income and median income for the area are determined from time
1485+13 to time by the United States Department of Housing and Urban
1486+14 Development for purposes of Section 8 of the United States
1487+15 Housing Act of 1937.
1488+16 (d) "Very low-income household" means a single person,
1489+17 family or unrelated persons living together whose adjusted
1490+18 income is not more than 50% of the median income of the area of
1491+19 residence, adjusted for family size, as such adjusted income
1492+20 and median income for the area are determined from time to time
1493+21 by the United States Department of Housing and Urban
1494+22 Development for purposes of Section 8 of the United States
1495+23 Housing Act of 1937.
1496+24 (e) "Affordable housing" means residential housing that,
1497+25 so long as the same is occupied by low-income households or
1498+26 very low-income households, requires payment of monthly
1499+
1500+
1501+
1502+
1503+
1504+ HB5601 Enrolled - 43 - LRB103 38592 MXP 68728 b
1505+
1506+
1507+HB5601 Enrolled- 44 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 44 - LRB103 38592 MXP 68728 b
1508+ HB5601 Enrolled - 44 - LRB103 38592 MXP 68728 b
1509+1 housing costs, including utilities other than telephone, of no
1510+2 more than 30% of the maximum allowable income as stated for
1511+3 such households as defined in this Section.
1512+4 (f) "Multi-family housing" means a building or buildings
1513+5 providing housing to 5 or more households.
1514+6 (g) "Single-family housing" means a building containing
1515+7 one to 4 dwelling units, including a mobile home as defined in
1516+8 subsection (b) of Section 3 of the Mobile Home Landlord and
1517+9 Tenant Rights Act, as amended.
1518+10 (h) "Community-based organization" means a not-for-profit
1519+11 entity whose governing body includes a majority of members who
1520+12 reside in the community served by the organization.
1521+13 (i) "Advocacy organization" means a not-for-profit
1522+14 organization which conducts, in part or in whole, activities
1523+15 to influence public policy on behalf of low-income or very
1524+16 low-income households.
1525+17 (j) "Program Administrator" means the Illinois Housing
1526+18 Development Authority.
1527+19 (k) "Funding Agent" means the Illinois Department of Human
1528+20 Services.
1529+21 (l) "Commission" means the Affordable Housing Advisory
1530+22 Commission.
1531+23 (m) "Congregate housing" means a building or structure in
1532+24 which 2 or more households, inclusive, share common living
1533+25 areas and may share child care, cleaning, cooking and other
1534+26 household responsibilities.
1535+
1536+
1537+
1538+
1539+
1540+ HB5601 Enrolled - 44 - LRB103 38592 MXP 68728 b
1541+
1542+
1543+HB5601 Enrolled- 45 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 45 - LRB103 38592 MXP 68728 b
1544+ HB5601 Enrolled - 45 - LRB103 38592 MXP 68728 b
1545+1 (n) "Eligible applicant" means a proprietorship,
1546+2 partnership, for-profit corporation, not-for-profit
1547+3 corporation or unit of local government which seeks to use
1548+4 fund assets as provided in this Article.
1549+5 (o) "Moderate income household" means a single person,
1550+6 family or unrelated persons living together whose adjusted
1551+7 income is more than 80% but less than 120% of the median income
1552+8 of the area of residence, adjusted for family size, as such
1553+9 adjusted income and median income for the area are determined
1554+10 from time to time by the United States Department of Housing
1555+11 and Urban Development for purposes of Section 8 of the United
1556+12 States Housing Act of 1937.
1557+13 (p) "Affordable Housing Program Trust Fund Bonds or Notes"
1558+14 means the bonds or notes issued by the Program Administrator
1559+15 under the Illinois Housing Development Act to further the
1560+16 purposes of this Act.
1561+17 (q) "Trust Fund Moneys" means all moneys, deposits,
1562+18 revenues, income, interest, dividends, receipts, taxes,
1563+19 proceeds and other amounts or funds deposited or to be
1564+20 deposited into the Trust Fund pursuant to subsection (b) of
1565+21 Section 5(b) of this Act and any proceeds, investments or
1566+22 increase thereof.
1567+23 (r) "Program Escrow" means accounts, except those accounts
1568+24 relating to any Affordable Housing Program Trust Fund Bonds or
1569+25 Notes, designated by the Program Administrator, into which
1570+26 Trust Fund Moneys are deposited.
1571+
1572+
1573+
1574+
1575+
1576+ HB5601 Enrolled - 45 - LRB103 38592 MXP 68728 b
1577+
1578+
1579+HB5601 Enrolled- 46 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 46 - LRB103 38592 MXP 68728 b
1580+ HB5601 Enrolled - 46 - LRB103 38592 MXP 68728 b
1581+1 (s) "Common household pet" means a domesticated animal,
1582+2 such as a dog (canis lupus familiaris) or cat (felis catus),
1583+3 which is commonly kept in the home for pleasure rather than for
1584+4 commercial purposes.
1585+5 (Source: P.A. 102-283, eff. 1-1-22; 103-8, eff. 7-1-23.)
1586+6 (310 ILCS 65/7) (from Ch. 67 1/2, par. 1257)
1587+7 Sec. 7. Powers of the Program Administrator. The Program
1588+8 Administrator, in addition to the powers set forth in the
1589+9 Illinois Housing Development Act and the powers identified in
1590+10 Sections 8 and 9 of this Act, has the power to:
1591+11 (a) identify, select and make financing available to
1592+12 eligible applicants from monies in the Trust Fund or the
1593+13 Capital Fund or from monies secured by the Trust Fund or
1594+14 the Capital Fund for affordable housing for low and very
1595+15 low-income families;
1596+16 (b) purchase first and second mortgages, to make
1597+17 secured, unsecured or deferred repayment loans, to make no
1598+18 interest or low interest loans or to issue grants,
1599+19 payments or subsidies for the predevelopment expenses,
1600+20 acquisition, construction, rehabilitation development,
1601+21 operation, insurance, or retention of projects in support
1602+22 of affordable single family and multi-family housing for
1603+23 low and very low-income households;
1604+24 (c) expend monies for mortgage participation
1605+25 certificates representing an undivided interest in
1606+
1607+
1608+
1609+
1610+
1611+ HB5601 Enrolled - 46 - LRB103 38592 MXP 68728 b
1612+
1613+
1614+HB5601 Enrolled- 47 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 47 - LRB103 38592 MXP 68728 b
1615+ HB5601 Enrolled - 47 - LRB103 38592 MXP 68728 b
1616+1 specified, first-lien conventional residential Illinois
1617+2 mortgages which are underwritten, insured, guaranteed or
1618+3 purchased by the Federal Home Loan Mortgage Corporation;
1619+4 (d) fix, determine, charge and collect any fees, costs
1620+5 and expenses, including without limitation, any
1621+6 application fees, commitment or servicing fees, program
1622+7 fees, financing charges, or publication fees in connection
1623+8 with activities under this Act;
1624+9 (e) establish applications, notification procedures,
1625+10 and other forms, and to prepare and issue rules deemed
1626+11 necessary and appropriate to implement this Act with
1627+12 consultation from the Commission; and to issue emergency
1628+13 rules, as necessary, for program implementation needed
1629+14 prior to publication of the first annual plan required by
1630+15 Section 12 of this Act;
1631+16 (f) make and enter into and enforce all loans, loan
1632+17 commitments, contracts and agreements necessary,
1633+18 convenient or desirable to the performance of its duties
1634+19 and the execution of its powers under this Act;
1635+20 (g) consent, subject to the provisions of any contract
1636+21 or agreement with another person, whenever it deems it is
1637+22 necessary or desirable in the fulfillment of the purposes
1638+23 of this Act, to the modification or restructuring of any
1639+24 loan commitment, loan, contract or agreement to which the
1640+25 Program Administrator is a party;
1641+26 (h) acquire by purchase, gift, or foreclosure, but not
1642+
1643+
1644+
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1647+ HB5601 Enrolled - 47 - LRB103 38592 MXP 68728 b
1648+
1649+
1650+HB5601 Enrolled- 48 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 48 - LRB103 38592 MXP 68728 b
1651+ HB5601 Enrolled - 48 - LRB103 38592 MXP 68728 b
1652+1 by condemnation, any real or personal property, or any
1653+2 interest therein, to procure insurance against loss, to
1654+3 enter into any lease of property and to hold, sell,
1655+4 assign, lease, mortgage or otherwise dispose of any real
1656+5 or personal property, or any interest therein, or
1657+6 relinquish any right, title, claim, lien, interest,
1658+7 easement or demand however acquired, and to do any of the
1659+8 foregoing by public or private sale;
1660+9 (i) subject to the provisions of any contract or
1661+10 agreement with another party to collect, enforce the
1662+11 collection of, and foreclose on any property or collateral
1663+12 securing its loan or loans, mortgage or mortgages, and
1664+13 acquire or take possession of such property or collateral
1665+14 and release or relinquish any right, title, claim, lien,
1666+15 interest, easement, or demand in property foreclosed by it
1667+16 or to sell the same at public or private sale, with or
1668+17 without bidding, and otherwise deal with such collateral
1669+18 as may be necessary to protect the interest of the Program
1670+19 Administrator;
1671+20 (j) sell any eligible loan made by the Program
1672+21 Administrator or mortgage interest owned by it, at public
1673+22 or private sale, with or without bidding, either singly or
1674+23 in groups, or in shares of loans or shares of groups of
1675+24 loans, and to deposit and invest the funds derived from
1676+25 such sales in any manner authorized by this Act;
1677+26 (k) provide, contract or arrange, or participate with
1678+
1679+
1680+
1681+
1682+
1683+ HB5601 Enrolled - 48 - LRB103 38592 MXP 68728 b
1684+
1685+
1686+HB5601 Enrolled- 49 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 49 - LRB103 38592 MXP 68728 b
1687+ HB5601 Enrolled - 49 - LRB103 38592 MXP 68728 b
1688+1 or enter into agreements with any department, agency or
1689+2 authority of the United States or of this State, or any
1690+3 local unit of government, or any banking institution,
1691+4 insurance company, trust or fiduciary or any foundation or
1692+5 not-for-profit agency for the review, application,
1693+6 servicing, processing or administration of any proposed
1694+7 loan, grant, application, servicing, processing or
1695+8 administration of any proposed loan, grant, agreement, or
1696+9 contract of the Department when such arrangement is in
1697+10 furtherance of this Act;
1698+11 (l) receive and accept any gifts, grants, donations or
1699+12 contributions from any source, of money, property, labor
1700+13 or other things of value, to be held, used and applied to
1701+14 carry out the purposes of this Act subject to including,
1702+15 but not limited to, gifts or grants from any Department or
1703+16 agency of the United States or the State or from any local
1704+17 unit of government, not-for-profit organization or private
1705+18 firm or individual for any purpose consistent with this
1706+19 Act; and
1707+20 (m) exercise such other powers as are necessary or
1708+21 incidental to the administration of this Act or
1709+22 performance of duties under this Act.
1710+23 (Source: P.A. 95-710, eff. 6-1-08.)
1711+24 (310 ILCS 65/5.5 rep.)
1712+25 (310 ILCS 65/8.5 rep.)
1713+
1714+
1715+
1716+
1717+
1718+ HB5601 Enrolled - 49 - LRB103 38592 MXP 68728 b
1719+
1720+
1721+HB5601 Enrolled- 50 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 50 - LRB103 38592 MXP 68728 b
1722+ HB5601 Enrolled - 50 - LRB103 38592 MXP 68728 b
1723+1 Section 5-105. The Illinois Affordable Housing Act is
1724+2 amended by repealing Sections 5.5 and 8.5.
1725+3 (410 ILCS 315/2b rep.)
1726+4 Section 5-110. The Communicable Disease Prevention Act is
1727+5 amended by repealing Section 2b.
1728+6 Section 5-115. The Environmental Protection Act is amended
1729+7 by changing Section 58.15 as follows:
1730+8 (415 ILCS 5/58.15)
1731+9 Sec. 58.15. Brownfields Programs.
1732+10 (A) Brownfields Redevelopment Loan Program.
1733+11 (a) The Agency shall establish and administer a revolving
1734+12 loan program to be known as the "Brownfields Redevelopment
1735+13 Loan Program" for the purpose of providing loans to be used for
1736+14 site investigation, site remediation, or both, at brownfields
1737+15 sites. All principal, interest, and penalty payments from
1738+16 loans made under this subsection (A) shall be deposited into
1739+17 the Brownfields Redevelopment Fund and reused in accordance
1740+18 with this Section.
1741+19 (b) General requirements for loans:
1742+20 (1) Loans shall be at or below market interest rates
1743+21 in accordance with a formula set forth in regulations
1744+22 promulgated under subdivision (A)(c) of this subsection
1745+23 (A).
1746+
1747+
1748+
1749+
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1752+
1753+
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1755+ HB5601 Enrolled - 51 - LRB103 38592 MXP 68728 b
1756+1 (2) Loans shall be awarded subject to availability of
1757+2 funding based on the order of receipt of applications
1758+3 satisfying all requirements as set forth in the
1759+4 regulations promulgated under subdivision (A)(c) of this
1760+5 subsection (A).
1761+6 (3) The maximum loan amount under this subsection (A)
1762+7 for any one project is $1,000,000.
1763+8 (4) In addition to any requirements or conditions
1764+9 placed on loans by regulation, loan agreements under the
1765+10 Brownfields Redevelopment Loan Program shall include the
1766+11 following requirements:
1767+12 (A) the loan recipient shall secure the loan
1768+13 repayment obligation;
1769+14 (B) completion of the loan repayment shall not
1770+15 exceed 15 years or as otherwise prescribed by Agency
1771+16 rule; and
1772+17 (C) loan agreements shall provide for a confession
1773+18 of judgment by the loan recipient upon default.
1774+19 (5) Loans shall not be used to cover expenses incurred
1775+20 prior to the approval of the loan application.
1776+21 (6) If the loan recipient fails to make timely
1777+22 payments or otherwise fails to meet its obligations as
1778+23 provided in this subsection (A) or implementing
1779+24 regulations, the Agency is authorized to pursue the
1780+25 collection of the amounts past due, the outstanding loan
1781+26 balance, and the costs thereby incurred, either pursuant
1782+
1783+
1784+
1785+
1786+
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1788+
1789+
1790+HB5601 Enrolled- 52 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 52 - LRB103 38592 MXP 68728 b
1791+ HB5601 Enrolled - 52 - LRB103 38592 MXP 68728 b
1792+1 to the Illinois State Collection Act of 1986 or by any
1793+2 other means provided by law, including the taking of
1794+3 title, by foreclosure or otherwise, to any project or
1795+4 other property pledged, mortgaged, encumbered, or
1796+5 otherwise available as security or collateral.
1797+6 (c) The Agency shall have the authority to enter into any
1798+7 contracts or agreements that may be necessary to carry out its
1799+8 duties or responsibilities under this subsection (A). The
1800+9 Agency shall have the authority to promulgate regulations
1801+10 setting forth procedures and criteria for administering the
1802+11 Brownfields Redevelopment Loan Program. The regulations
1803+12 promulgated by the Agency for loans under this subsection (A)
1804+13 shall include, but need not be limited to, the following
1805+14 elements:
1806+15 (1) loan application requirements;
1807+16 (2) determination of credit worthiness of the loan
1808+17 applicant;
1809+18 (3) types of security required for the loan;
1810+19 (4) types of collateral, as necessary, that can be
1811+20 pledged for the loan;
1812+21 (5) special loan terms, as necessary, for securing the
1813+22 repayment of the loan;
1814+23 (6) maximum loan amounts;
1815+24 (7) purposes for which loans are available;
1816+25 (8) application periods and content of applications;
1817+26 (9) procedures for Agency review of loan applications,
1818+
1819+
1820+
1821+
1822+
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1827+ HB5601 Enrolled - 53 - LRB103 38592 MXP 68728 b
1828+1 loan approvals or denials, and loan acceptance by the loan
1829+2 recipient;
1830+3 (10) procedures for establishing interest rates;
1831+4 (11) requirements applicable to disbursement of loans
1832+5 to loan recipients;
1833+6 (12) requirements for securing loan repayment
1834+7 obligations;
1835+8 (13) conditions or circumstances constituting default;
1836+9 (14) procedures for repayment of loans and delinquent
1837+10 loans including, but not limited to, the initiation of
1838+11 principal and interest payments following loan acceptance;
1839+12 (15) loan recipient responsibilities for work
1840+13 schedules, work plans, reports, and record keeping;
1841+14 (16) evaluation of loan recipient performance,
1842+15 including auditing and access to sites and records;
1843+16 (17) requirements applicable to contracting and
1844+17 subcontracting by the loan recipient, including
1845+18 procurement requirements;
1846+19 (18) penalties for noncompliance with loan
1847+20 requirements and conditions, including stop-work orders,
1848+21 termination, and recovery of loan funds; and
1849+22 (19) indemnification of the State of Illinois and the
1850+23 Agency by the loan recipient.
1851+24 (d) Moneys in the Brownfields Redevelopment Fund may be
1852+25 used as a source of revenue or security for the principal and
1853+26 interest on revenue or general obligation bonds issued by the
1854+
1855+
1856+
1857+
1858+
1859+ HB5601 Enrolled - 53 - LRB103 38592 MXP 68728 b
1860+
1861+
1862+HB5601 Enrolled- 54 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 54 - LRB103 38592 MXP 68728 b
1863+ HB5601 Enrolled - 54 - LRB103 38592 MXP 68728 b
1864+1 State or any political subdivision or instrumentality thereof,
1865+2 if the proceeds of those bonds will be deposited into the Fund.
1866+3 (B) Brownfields Site Restoration Program.
1867+4 (a)(1) The Agency must establish and administer a
1868+5 program for the payment of remediation costs to be known as the
1869+6 Brownfields Site Restoration Program. The Agency, through the
1870+7 Program, shall provide Remediation Applicants with financial
1871+8 assistance for the investigation and remediation of abandoned
1872+9 or underutilized properties. The investigation and remediation
1873+10 shall be performed in accordance with this Title XVII of this
1874+11 Act.
1875+12 (2) For each State fiscal year in which funds are made
1876+13 available to the Agency for payment under this subsection (B),
1877+14 the Agency must, subject to the availability of funds,
1878+15 allocate 20% of the funds to be available to Remediation
1879+16 Applicants within counties with populations over 2,000,000.
1880+17 The remaining funds must be made available to all other
1881+18 Remediation Applicants in the State.
1882+19 (3) The Agency must not approve payment in excess of
1883+20 $750,000 to a Remediation Applicant for remediation costs
1884+21 incurred at a remediation site. Eligibility must be determined
1885+22 based on a minimum capital investment in the redevelopment of
1886+23 the site, and payment amounts must not exceed the net economic
1887+24 benefit to the State of the remediation project. In addition
1888+25 to these limitations, the total payment to be made to an
1889+
1890+
1891+
1892+
1893+
1894+ HB5601 Enrolled - 54 - LRB103 38592 MXP 68728 b
1895+
1896+
1897+HB5601 Enrolled- 55 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 55 - LRB103 38592 MXP 68728 b
1898+ HB5601 Enrolled - 55 - LRB103 38592 MXP 68728 b
1899+1 applicant must not exceed an amount equal to 20% of the capital
1900+2 investment at the site.
1901+3 (4) Only those remediation projects for which a No
1902+4 Further Remediation Letter is issued by the Agency after
1903+5 December 31, 2001 are eligible to participate in the
1904+6 Brownfields Site Restoration Program. The program does not
1905+7 apply to any sites that have received a No Further Remediation
1906+8 Letter prior to December 31, 2001 or for costs incurred prior
1907+9 to the Agency approving a site eligible for the Brownfields
1908+10 Site Restoration Program.
1909+11 (5) Brownfields Site Restoration Program funds shall
1910+12 be subject to availability of funding and distributed based on
1911+13 the order of receipt of applications satisfying all
1912+14 requirements as set forth in this Section.
1913+15 (b) Prior to applying to the Agency for payment, a
1914+16 Remediation Applicant shall first submit to the Agency its
1915+17 proposed remediation costs. The Agency shall make a
1916+18 pre-application assessment, which is not to be binding upon
1917+19 future review of the project, relating only to whether the
1918+20 Agency has adequate funding to reimburse the applicant for the
1919+21 remediation costs if the applicant is found to be eligible for
1920+22 reimbursement of remediation costs. If the Agency determines
1921+23 that it is likely to have adequate funding to reimburse the
1922+24 applicant for remediation costs, the Remediation Applicant may
1923+25 then submit to the Agency an application for review of
1924+26 eligibility. The Agency must review the eligibility
1925+
1926+
1927+
1928+
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1931+
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1934+ HB5601 Enrolled - 56 - LRB103 38592 MXP 68728 b
1935+1 application to determine whether the Remediation Applicant is
1936+2 eligible for the payment. The application must be on forms
1937+3 prescribed and provided by the Agency. At a minimum, the
1938+4 application must include the following:
1939+5 (1) Information identifying the Remediation Applicant
1940+6 and the site for which the payment is being sought and the
1941+7 date of acceptance into the Site Remediation Program.
1942+8 (2) Information demonstrating that the site for which
1943+9 the payment is being sought is abandoned or underutilized
1944+10 property. "Abandoned property" means real property
1945+11 previously used for, or that has the potential to be used
1946+12 for, commercial or industrial purposes that reverted to
1947+13 the ownership of the State, a county or municipal
1948+14 government, or an agency thereof, through donation,
1949+15 purchase, tax delinquency, foreclosure, default, or
1950+16 settlement, including conveyance by deed in lieu of
1951+17 foreclosure; or privately owned property that has been
1952+18 vacant for a period of not less than 3 years from the time
1953+19 an application is made to the Agency. "Underutilized
1954+20 property" means real property of which less than 35% of
1955+21 the commercially usable space of the property and
1956+22 improvements thereon are used for their most commercially
1957+23 profitable and economically productive uses.
1958+24 (3) Information demonstrating that remediation of the
1959+25 site for which the payment is being sought will result in a
1960+26 net economic benefit to the State of Illinois. The "net
1961+
1962+
1963+
1964+
1965+
1966+ HB5601 Enrolled - 56 - LRB103 38592 MXP 68728 b
1967+
1968+
1969+HB5601 Enrolled- 57 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 57 - LRB103 38592 MXP 68728 b
1970+ HB5601 Enrolled - 57 - LRB103 38592 MXP 68728 b
1971+1 economic benefit" must be determined based on factors
1972+2 including, but not limited to, the capital investment, the
1973+3 number of jobs created, the number of jobs retained if it
1974+4 is demonstrated the jobs would otherwise be lost, capital
1975+5 improvements, the number of construction-related jobs,
1976+6 increased sales, material purchases, other increases in
1977+7 service and operational expenditures, and other factors
1978+8 established by the Agency. Priority must be given to sites
1979+9 located in areas with high levels of poverty, where the
1980+10 unemployment rate exceeds the State average, where an
1981+11 enterprise zone exists, or where the area is otherwise
1982+12 economically depressed as determined by the Agency.
1983+13 (4) An application fee in the amount set forth in
1984+14 subdivision (B)(c) for each site for which review of an
1985+15 application is being sought.
1986+16 (c) The fee for eligibility reviews conducted by the
1987+17 Agency under this subsection (B) is $1,000 for each site
1988+18 reviewed. The application fee must be made payable to the
1989+19 Agency for deposit into the Brownfields Redevelopment Fund.
1990+20 These application fees shall be used by the Agency for
1991+21 administrative expenses incurred under this subsection (B).
1992+22 (d) Within 60 days after receipt by the Agency of an
1993+23 application meeting the requirements of subdivision (B)(b),
1994+24 the Agency must issue a letter to the applicant approving the
1995+25 application, approving the application with modifications, or
1996+26 disapproving the application. If the application is approved
1997+
1998+
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2003+
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2005+HB5601 Enrolled- 58 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 58 - LRB103 38592 MXP 68728 b
2006+ HB5601 Enrolled - 58 - LRB103 38592 MXP 68728 b
2007+1 or approved with modifications, the Agency's letter must also
2008+2 include its determination of the "net economic benefit" of the
2009+3 remediation project and the maximum amount of the payment to
2010+4 be made available to the applicant for remediation costs. The
2011+5 payment by the Agency under this subsection (B) must not
2012+6 exceed the "net economic benefit" of the remediation project.
2013+7 (e) An application for a review of remediation costs must
2014+8 not be submitted to the Agency unless the Agency has
2015+9 determined the Remediation Applicant is eligible under
2016+10 subdivision (B)(d). If the Agency has determined that a
2017+11 Remediation Applicant is eligible under subdivision (B)(d),
2018+12 the Remediation Applicant may submit an application for
2019+13 payment to the Agency under this subsection (B). Except as
2020+14 provided in subdivision (B)(f), an application for review of
2021+15 remediation costs must not be submitted until a No Further
2022+16 Remediation Letter has been issued by the Agency and recorded
2023+17 in the chain of title for the site in accordance with Section
2024+18 58.10. The Agency must review the application to determine
2025+19 whether the costs submitted are remediation costs and whether
2026+20 the costs incurred are reasonable. The application must be on
2027+21 forms prescribed and provided by the Agency. At a minimum, the
2028+22 application must include the following:
2029+23 (1) Information identifying the Remediation Applicant
2030+24 and the site for which the payment is being sought and the
2031+25 date of acceptance of the site into the Site Remediation
2032+26 Program.
2033+
2034+
2035+
2036+
2037+
2038+ HB5601 Enrolled - 58 - LRB103 38592 MXP 68728 b
2039+
2040+
2041+HB5601 Enrolled- 59 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 59 - LRB103 38592 MXP 68728 b
2042+ HB5601 Enrolled - 59 - LRB103 38592 MXP 68728 b
2043+1 (2) A copy of the No Further Remediation Letter with
2044+2 official verification that the letter has been recorded in
2045+3 the chain of title for the site and a demonstration that
2046+4 the site for which the application is submitted is the
2047+5 same site as the one for which the No Further Remediation
2048+6 Letter is issued.
2049+7 (3) A demonstration that the release of the regulated
2050+8 substances of concern for which the No Further Remediation
2051+9 Letter was issued was not caused or contributed to in any
2052+10 material respect by the Remediation Applicant. The Agency
2053+11 must make determinations as to reimbursement availability
2054+12 consistent with rules adopted by the Pollution Control
2055+13 Board for the administration and enforcement of Section
2056+14 58.9 of this Act.
2057+15 (4) A copy of the Agency's letter approving
2058+16 eligibility, including the net economic benefit of the
2059+17 remediation project.
2060+18 (5) An itemization and documentation, including
2061+19 receipts, of the remediation costs incurred.
2062+20 (6) A demonstration that the costs incurred are
2063+21 remediation costs as defined in this Act and rules adopted
2064+22 under this Act.
2065+23 (7) A demonstration that the costs submitted for
2066+24 review were incurred by the Remediation Applicant who
2067+25 received the No Further Remediation Letter.
2068+26 (8) An application fee in the amount set forth in
2069+
2070+
2071+
2072+
2073+
2074+ HB5601 Enrolled - 59 - LRB103 38592 MXP 68728 b
2075+
2076+
2077+HB5601 Enrolled- 60 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 60 - LRB103 38592 MXP 68728 b
2078+ HB5601 Enrolled - 60 - LRB103 38592 MXP 68728 b
2079+1 subdivision (B)(j) for each site for which review of
2080+2 remediation costs is requested.
2081+3 (9) Any other information deemed appropriate by the
2082+4 Agency.
2083+5 (f) An application for review of remediation costs may be
2084+6 submitted to the Agency prior to the issuance of a No Further
2085+7 Remediation Letter if the Remediation Applicant has a Remedial
2086+8 Action Plan approved by the Agency under the terms of which the
2087+9 Remediation Applicant will remediate groundwater for more than
2088+10 one year. The Agency must review the application to determine
2089+11 whether the costs submitted are remediation costs and whether
2090+12 the costs incurred are reasonable. The application must be on
2091+13 forms prescribed and provided by the Agency. At a minimum, the
2092+14 application must include the following:
2093+15 (1) Information identifying the Remediation Applicant
2094+16 and the site for which the payment is being sought and the
2095+17 date of acceptance of the site into the Site Remediation
2096+18 Program.
2097+19 (2) A copy of the Agency letter approving the Remedial
2098+20 Action Plan.
2099+21 (3) A demonstration that the release of the regulated
2100+22 substances of concern for which the Remedial Action Plan
2101+23 was approved was not caused or contributed to in any
2102+24 material respect by the Remediation Applicant. The Agency
2103+25 must make determinations as to reimbursement availability
2104+26 consistent with rules adopted by the Pollution Control
2105+
2106+
2107+
2108+
2109+
2110+ HB5601 Enrolled - 60 - LRB103 38592 MXP 68728 b
2111+
2112+
2113+HB5601 Enrolled- 61 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 61 - LRB103 38592 MXP 68728 b
2114+ HB5601 Enrolled - 61 - LRB103 38592 MXP 68728 b
2115+1 Board for the administration and enforcement of Section
2116+2 58.9 of this Act.
2117+3 (4) A copy of the Agency's letter approving
2118+4 eligibility, including the net economic benefit of the
2119+5 remediation project.
2120+6 (5) An itemization and documentation, including
2121+7 receipts, of the remediation costs incurred.
2122+8 (6) A demonstration that the costs incurred are
2123+9 remediation costs as defined in this Act and rules adopted
2124+10 under this Act.
2125+11 (7) A demonstration that the costs submitted for
2126+12 review were incurred by the Remediation Applicant who
2127+13 received approval of the Remediation Action Plan.
2128+14 (8) An application fee in the amount set forth in
2129+15 subdivision (B)(j) for each site for which review of
2130+16 remediation costs is requested.
2131+17 (9) Any other information deemed appropriate by the
2132+18 Agency.
2133+19 (g) For a Remediation Applicant seeking a payment under
2134+20 subdivision (B)(f), until the Agency issues a No Further
2135+21 Remediation Letter for the site, no more than 75% of the
2136+22 allowed payment may be claimed by the Remediation Applicant.
2137+23 The remaining 25% may be claimed following the issuance by the
2138+24 Agency of a No Further Remediation Letter for the site. For a
2139+25 Remediation Applicant seeking a payment under subdivision
2140+26 (B)(e), until the Agency issues a No Further Remediation
2141+
2142+
2143+
2144+
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2148+
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2150+ HB5601 Enrolled - 62 - LRB103 38592 MXP 68728 b
2151+1 Letter for the site, no payment may be claimed by the
2152+2 Remediation Applicant.
2153+3 (h)(1) Within 60 days after receipt by the Agency of
2154+4 an application meeting the requirements of subdivision (B)(e)
2155+5 or (B)(f), the Agency must issue a letter to the applicant
2156+6 approving, disapproving, or modifying the remediation costs
2157+7 submitted in the application. If an application is disapproved
2158+8 or approved with modification of remediation costs, then the
2159+9 Agency's letter must set forth the reasons for the disapproval
2160+10 or modification.
2161+11 (2) If a preliminary review of a budget plan has been
2162+12 obtained under subdivision (B)(i), the Remediation Applicant
2163+13 may submit, with the application and supporting documentation
2164+14 under subdivision (B)(e) or (B)(f), a copy of the Agency's
2165+15 final determination accompanied by a certification that the
2166+16 actual remediation costs incurred for the development and
2167+17 implementation of the Remedial Action Plan are equal to or
2168+18 less than the costs approved in the Agency's final
2169+19 determination on the budget plan. The certification must be
2170+20 signed by the Remediation Applicant and notarized. Based on
2171+21 that submission, the Agency is not required to conduct further
2172+22 review of the costs incurred for development and
2173+23 implementation of the Remedial Action Plan and may approve
2174+24 costs as submitted.
2175+25 (3) Within 35 days after receipt of an Agency letter
2176+26 disapproving or modifying an application for approval of
2177+
2178+
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2186+ HB5601 Enrolled - 63 - LRB103 38592 MXP 68728 b
2187+1 remediation costs, the Remediation Applicant may appeal the
2188+2 Agency's decision to the Board in the manner provided for the
2189+3 review of permits in Section 40 of this Act.
2190+4 (i)(1) A Remediation Applicant may obtain a
2191+5 preliminary review of estimated remediation costs for the
2192+6 development and implementation of the Remedial Action Plan by
2193+7 submitting a budget plan along with the Remedial Action Plan.
2194+8 The budget plan must be set forth on forms prescribed and
2195+9 provided by the Agency and must include, but is not limited to,
2196+10 line item estimates of the costs associated with each line
2197+11 item (such as personnel, equipment, and materials) that the
2198+12 Remediation Applicant anticipates will be incurred for the
2199+13 development and implementation of the Remedial Action Plan.
2200+14 The Agency must review the budget plan along with the Remedial
2201+15 Action Plan to determine whether the estimated costs submitted
2202+16 are remediation costs and whether the costs estimated for the
2203+17 activities are reasonable.
2204+18 (2) If the Remedial Action Plan is amended by the
2205+19 Remediation Applicant or as a result of Agency action, the
2206+20 corresponding budget plan must be revised accordingly and
2207+21 resubmitted for Agency review.
2208+22 (3) The budget plan must be accompanied by the
2209+23 applicable fee as set forth in subdivision (B)(j).
2210+24 (4) Submittal of a budget plan must be deemed an
2211+25 automatic 60-day waiver of the Remedial Action Plan review
2212+26 deadlines set forth in this subsection (B) and rules adopted
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2222+ HB5601 Enrolled - 64 - LRB103 38592 MXP 68728 b
2223+1 under this subsection (B).
2224+2 (5) Within the applicable period of review, the Agency
2225+3 must issue a letter to the Remediation Applicant approving,
2226+4 disapproving, or modifying the estimated remediation costs
2227+5 submitted in the budget plan. If a budget plan is disapproved
2228+6 or approved with modification of estimated remediation costs,
2229+7 the Agency's letter must set forth the reasons for the
2230+8 disapproval or modification.
2231+9 (6) Within 35 days after receipt of an Agency letter
2232+10 disapproving or modifying a budget plan, the Remediation
2233+11 Applicant may appeal the Agency's decision to the Board in the
2234+12 manner provided for the review of permits in Section 40 of this
2235+13 Act.
2236+14 (j) The fees for reviews conducted by the Agency under
2237+15 this subsection (B) are in addition to any other fees or
2238+16 payments for Agency services rendered pursuant to the Site
2239+17 Remediation Program and are as follows:
2240+18 (1) The fee for an application for review of
2241+19 remediation costs is $1,000 for each site reviewed.
2242+20 (2) The fee for the review of the budget plan
2243+21 submitted under subdivision (B)(i) is $500 for each site
2244+22 reviewed.
2245+23 The application fee and the fee for the review of the
2246+24 budget plan must be made payable to the State of Illinois, for
2247+25 deposit into the Brownfields Redevelopment Fund.
2248+26 (k) Moneys in the Brownfields Redevelopment Fund may be
2249+
2250+
2251+
2252+
2253+
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2256+
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2258+ HB5601 Enrolled - 65 - LRB103 38592 MXP 68728 b
2259+1 used for the purposes of this Section, including payment for
2260+2 the costs of administering this subsection (B). Any moneys
2261+3 remaining in the Brownfields Site Restoration Program Fund on
2262+4 the effective date of this amendatory Act of the 92nd General
2263+5 Assembly shall be transferred to the Brownfields Redevelopment
2264+6 Fund. Total payments made to all Remediation Applicants by the
2265+7 Agency for purposes of this subsection (B) must not exceed
2266+8 $1,000,000 in State fiscal year 2002.
2267+9 (l) The Agency is authorized to enter into any contracts
2268+10 or agreements that may be necessary to carry out the Agency's
2269+11 duties and responsibilities under this subsection (B).
2270+12 (m) Within 6 months after July 23, 2002 (the effective
2271+13 date of Public Act 92-715) this amendatory Act of 2002, the
2272+14 Department of Commerce and Community Affairs (now Department
2273+15 of Commerce and Economic Opportunity) and the Agency must
2274+16 propose rules prescribing procedures and standards for the
2275+17 administration of this subsection (B). Within 9 months after
2276+18 receipt of the proposed rules, the Board shall adopt on second
2277+19 notice, pursuant to Sections 27 and 28 of this Act and the
2278+20 Illinois Administrative Procedure Act, rules that are
2279+21 consistent with this subsection (B). Prior to the effective
2280+22 date of rules adopted under this subsection (B), the
2281+23 Department of Commerce and Community Affairs (now Department
2282+24 of Commerce and Economic Opportunity) and the Agency may
2283+25 conduct reviews of applications under this subsection (B) and
2284+26 the Agency is further authorized to distribute guidance
2285+
2286+
2287+
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2291+
2292+
2293+HB5601 Enrolled- 66 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 66 - LRB103 38592 MXP 68728 b
2294+ HB5601 Enrolled - 66 - LRB103 38592 MXP 68728 b
2295+1 documents on costs that are eligible or ineligible as
2296+2 remediation costs.
2297+3 (Source: P.A. 102-444, eff. 8-20-21.)
2298+4 Section 5-120. The Radiation Protection Act of 1990 is
2299+5 amended by changing Section 35 as follows:
2300+6 (420 ILCS 40/35) (from Ch. 111 1/2, par. 210-35)
2301+7 (Section scheduled to be repealed on January 1, 2027)
2302+8 Sec. 35. Radiation Protection Fund.
2303+9 (a) All moneys received by the Agency under this Act shall
2304+10 be deposited in the State treasury and shall be set apart in a
2305+11 special fund to be known as the "Radiation Protection Fund".
2306+12 All monies within the Radiation Protection Fund shall be
2307+13 invested by the State Treasurer in accordance with established
2308+14 investment practices. Interest earned by such investment shall
2309+15 be returned to the Radiation Protection Fund. Monies deposited
2310+16 in this Fund shall be expended by the Agency pursuant to
2311+17 appropriation to support the activities of the Agency under
2312+18 this Act and as provided in the Laser System Act of 1997 and
2313+19 the Radon Industry Licensing Act, or to fund any other
2314+20 administrative or operational costs of the Agency.
2315+21 (b) (Blank). On August 15, 1997, all moneys remaining in
2316+22 the Federal Facilities Compliance Fund shall be transferred to
2317+23 the Radiation Protection Fund.
2318+24 (Source: P.A. 97-732, eff. 6-30-12.)
2319+
2320+
2321+
2322+
2323+
2324+ HB5601 Enrolled - 66 - LRB103 38592 MXP 68728 b
2325+
2326+
2327+HB5601 Enrolled- 67 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 67 - LRB103 38592 MXP 68728 b
2328+ HB5601 Enrolled - 67 - LRB103 38592 MXP 68728 b
2329+1 Section 5-125. The Fire Investigation Act is amended by
2330+2 changing Section 13.1 as follows:
2331+3 (425 ILCS 25/13.1) (from Ch. 127 1/2, par. 17.1)
2332+4 Sec. 13.1. Fire Prevention Fund.
2333+5 (a) There shall be a special fund in the State Treasury
2334+6 known as the Fire Prevention Fund.
2335+7 (b) The following moneys shall be deposited into the Fund:
2336+8 (1) Moneys received by the Department of Insurance
2337+9 under Section 12 of this Act.
2338+10 (2) All fees and reimbursements received by the
2339+11 Office.
2340+12 (3) All receipts from boiler and pressure vessel
2341+13 certification, as provided in Section 13 of the Boiler and
2342+14 Pressure Vessel Safety Act.
2343+15 (4) Such other moneys as may be provided by law.
2344+16 (c) The moneys in the Fire Prevention Fund shall be used,
2345+17 subject to appropriation, for the following purposes:
2346+18 (1) Of the moneys deposited into the fund under
2347+19 Section 12 of this Act, 12.5% shall be available for the
2348+20 maintenance of the Illinois Fire Service Institute and the
2349+21 expenses, facilities, and structures incident thereto, and
2350+22 for making transfers into the General Obligation Bond
2351+23 Retirement and Interest Fund for debt service requirements
2352+24 on bonds issued by the State of Illinois after January 1,
2353+
2354+
2355+
2356+
2357+
2358+ HB5601 Enrolled - 67 - LRB103 38592 MXP 68728 b
2359+
2360+
2361+HB5601 Enrolled- 68 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 68 - LRB103 38592 MXP 68728 b
2362+ HB5601 Enrolled - 68 - LRB103 38592 MXP 68728 b
2363+1 1986 for the purpose of constructing a training facility
2364+2 for use by the Institute. An additional 2.5% of the moneys
2365+3 deposited into the Fire Prevention Fund shall be available
2366+4 to the Illinois Fire Service Institute for support of the
2367+5 Cornerstone Training Program.
2368+6 (2) Of the moneys deposited into the Fund under
2369+7 Section 12 of this Act, 10% shall be available for the
2370+8 maintenance of the Chicago Fire Department Training
2371+9 Program and the expenses, facilities, and structures
2372+10 incident thereto, in addition to any moneys payable from
2373+11 the Fund to the City of Chicago pursuant to the Illinois
2374+12 Fire Protection Training Act.
2375+13 (3) For making payments to local governmental agencies
2376+14 and individuals pursuant to Section 10 of the Illinois
2377+15 Fire Protection Training Act.
2378+16 (4) For the maintenance and operation of the Office of
2379+17 the State Fire Marshal, and the expenses incident thereto.
2380+18 (4.5) For the maintenance, operation, and capital
2381+19 expenses of the Mutual Aid Box Alarm System (MABAS).
2382+20 (4.6) For grants awarded under by the Small
2383+21 Fire-fighting and Ambulance Service Equipment Grant
2384+22 Program established by Section 2.7 of the State Fire
2385+23 Marshal Act.
2386+24 (4.7) For grants awarded under the Fire Station
2387+25 Rehabilitation and Construction Grant Program established
2388+26 by Section 2.8 of the State Fire Marshal Act.
2389+
2390+
2391+
2392+
2393+
2394+ HB5601 Enrolled - 68 - LRB103 38592 MXP 68728 b
2395+
2396+
2397+HB5601 Enrolled- 69 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 69 - LRB103 38592 MXP 68728 b
2398+ HB5601 Enrolled - 69 - LRB103 38592 MXP 68728 b
2399+1 (5) For any other purpose authorized by law.
2400+2 (c-5) As soon as possible after April 8, 2008 (the
2401+3 effective date of Public Act 95-717), the Comptroller shall
2402+4 order the transfer and the Treasurer shall transfer $2,000,000
2403+5 from the Fire Prevention Fund to the Fire Service and Small
2404+6 Equipment Fund, $9,000,000 from the Fire Prevention Fund to
2405+7 the Fire Truck Revolving Loan Fund, and $4,000,000 from the
2406+8 Fire Prevention Fund to the Ambulance Revolving Loan Fund.
2407+9 Beginning on July 1, 2008, each month, or as soon as practical
2408+10 thereafter, an amount equal to $2 from each fine received
2409+11 shall be transferred from the Fire Prevention Fund to the Fire
2410+12 Service and Small Equipment Fund, an amount equal to $1.50
2411+13 from each fine received shall be transferred from the Fire
2412+14 Prevention Fund to the Fire Truck Revolving Loan Fund, and an
2413+15 amount equal to $4 from each fine received shall be
2414+16 transferred from the Fire Prevention Fund to the Ambulance
2415+17 Revolving Loan Fund. These moneys shall be transferred from
2416+18 the moneys deposited into the Fire Prevention Fund pursuant to
2417+19 Public Act 95-154, together with not more than 25% of any
2418+20 unspent appropriations from the prior fiscal year. These
2419+21 moneys may be allocated to the Fire Truck Revolving Loan Fund
2420+22 and , Ambulance Revolving Loan Fund, and Fire Service and Small
2421+23 Equipment Fund at the discretion of the Office for the purpose
2422+24 of implementation of this Act.
2423+25 (d) Any portion of the Fire Prevention Fund remaining
2424+26 unexpended at the end of any fiscal year which is not needed
2425+
2426+
2427+
2428+
2429+
2430+ HB5601 Enrolled - 69 - LRB103 38592 MXP 68728 b
2431+
2432+
2433+HB5601 Enrolled- 70 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 70 - LRB103 38592 MXP 68728 b
2434+ HB5601 Enrolled - 70 - LRB103 38592 MXP 68728 b
2435+1 for the maintenance and expenses of the Office or the
2436+2 maintenance and expenses of the Illinois Fire Service
2437+3 Institute shall remain in the Fire Prevention Fund for the
2438+4 exclusive and restricted uses provided in subsections (c) and
2439+5 (c-5) of this Section.
2440+6 (e) The Office shall keep on file an itemized statement of
2441+7 all expenses incurred which are payable from the Fund, other
2442+8 than expenses incurred by the Illinois Fire Service Institute,
2443+9 and shall approve all vouchers issued therefor before they are
2444+10 submitted to the State Comptroller for payment. Such vouchers
2445+11 shall be allowed and paid in the same manner as other claims
2446+12 against the State.
2447+13 (Source: P.A. 102-558, eff. 8-20-21; 103-8, eff. 6-7-23.)
2448+14 Section 5-130. The Illinois Vehicle Code is amended by
2449+15 changing Section 3-626 as follows:
2450+16 (625 ILCS 5/3-626)
2451+17 Sec. 3-626. Korean War Veteran license plates.
2452+18 (a) In addition to any other special license plate, the
2453+19 Secretary, upon receipt of all applicable fees and
2454+20 applications made in the form prescribed by the Secretary of
2455+21 State, may issue special registration plates designated as
2456+22 Korean War Veteran license plates to residents of Illinois who
2457+23 participated in the United States Armed Forces during the
2458+24 Korean War. The special plate issued under this Section shall
2459+
2460+
2461+
2462+
2463+
2464+ HB5601 Enrolled - 70 - LRB103 38592 MXP 68728 b
2465+
2466+
2467+HB5601 Enrolled- 71 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 71 - LRB103 38592 MXP 68728 b
2468+ HB5601 Enrolled - 71 - LRB103 38592 MXP 68728 b
2469+1 be affixed only to passenger vehicles of the first division,
2470+2 motorcycles, motor vehicles of the second division weighing
2471+3 not more than 8,000 pounds, and recreational vehicles as
2472+4 defined by Section 1-169 of this Code. Plates issued under
2473+5 this Section shall expire according to the staggered
2474+6 multi-year procedure established by Section 3-414.1 of this
2475+7 Code.
2476+8 (b) The design, color, and format of the plates shall be
2477+9 wholly within the discretion of the Secretary of State. The
2478+10 Secretary may, in his or her discretion, allow the plates to be
2479+11 issued as vanity plates or personalized in accordance with
2480+12 Section 3-405.1 of this Code. The plates are not required to
2481+13 designate "Land Of Lincoln", as prescribed in subsection (b)
2482+14 of Section 3-412 of this Code. The Secretary shall prescribe
2483+15 the eligibility requirements and, in his or her discretion,
2484+16 shall approve and prescribe stickers or decals as provided
2485+17 under Section 3-412.
2486+18 (c) (Blank).
2487+19 (d) (Blank). The Korean War Memorial Construction Fund is
2488+20 created as a special fund in the State treasury. All moneys in
2489+21 the Korean War Memorial Construction Fund shall, subject to
2490+22 appropriation, be used by the Department of Veterans' Affairs
2491+23 to provide grants for construction of the Korean War Memorial
2492+24 to be located at Oak Ridge Cemetery in Springfield, Illinois.
2493+25 Upon the completion of the Memorial, the Department of
2494+26 Veterans' Affairs shall certify to the State Treasurer that
2495+
2496+
2497+
2498+
2499+
2500+ HB5601 Enrolled - 71 - LRB103 38592 MXP 68728 b
2501+
2502+
2503+HB5601 Enrolled- 72 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 72 - LRB103 38592 MXP 68728 b
2504+ HB5601 Enrolled - 72 - LRB103 38592 MXP 68728 b
2505+1 the construction of the Memorial has been completed. At the
2506+2 direction of and upon notification of the Secretary of State,
2507+3 the State Comptroller shall direct and the State Treasurer
2508+4 shall transfer all moneys in the Fund and any future deposits
2509+5 into the Fund into the Secretary of State Special License
2510+6 Plate Fund. Upon completion of the transfer, the Korean War
2511+7 Memorial Construction Fund is dissolved.
2512+8 (e) An individual who has been issued Korean War Veteran
2513+9 license plates for a vehicle and who has been approved for
2514+10 benefits under the Senior Citizens and Persons with
2515+11 Disabilities Property Tax Relief Act shall pay the original
2516+12 issuance and the regular annual fee for the registration of
2517+13 the vehicle as provided in Section 3-806.3 of this Code.
2518+14 (Source: P.A. 103-8, eff. 6-7-23.)
2519+15 (710 ILCS 40/10 rep.)
2520+16 Section 5-135. The Reviewing Court Alternative Dispute
2521+17 Resolution Act is amended by repealing Section 10.
2522+18 Section 5-140. The Unified Code of Corrections is amended
2523+19 by changing Section 3-4-1 as follows:
2524+20 (730 ILCS 5/3-4-1) (from Ch. 38, par. 1003-4-1)
2525+21 Sec. 3-4-1. Gifts and Grants; Special Trusts Funds;
2526+22 Department of Corrections Reimbursement and Education Fund.
2527+23 (a) The Department may accept, receive and use, for and in
2528+
2529+
2530+
2531+
2532+
2533+ HB5601 Enrolled - 72 - LRB103 38592 MXP 68728 b
2534+
2535+
2536+HB5601 Enrolled- 73 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 73 - LRB103 38592 MXP 68728 b
2537+ HB5601 Enrolled - 73 - LRB103 38592 MXP 68728 b
2538+1 behalf of the State, any moneys, goods or services given for
2539+2 general purposes of this Code by the federal government or
2540+3 from any other source, public or private, including
2541+4 collections from inmates, reimbursement of payments under the
2542+5 Workers' Compensation Act, and commissions from inmate collect
2543+6 call telephone systems under an agreement with the Department
2544+7 of Central Management Services. For these purposes the
2545+8 Department may comply with such conditions and enter into such
2546+9 agreements upon such covenants, terms, and conditions as the
2547+10 Department may deem necessary or desirable, if the agreement
2548+11 is not in conflict with State law.
2549+12 (a-5) Beginning January 1, 2018, the Department of Central
2550+13 Management Services shall contract with the qualified vendor
2551+14 who proposes the lowest per minute rate not exceeding 7 cents
2552+15 per minute for debit, prepaid, collect calls and who does not
2553+16 bill to any party any tax, service charge, or additional fee
2554+17 exceeding the per minute rate, including, but not limited to,
2555+18 any per call surcharge, account set up fee, bill statement
2556+19 fee, monthly account maintenance charge, or refund fee as
2557+20 established by the Federal Communications Commission Order for
2558+21 state prisons in the Matter of Rates for Interstate Inmate
2559+22 Calling Services, Second Report and Order, WC Docket 12-375,
2560+23 FCC 15-136 (adopted Oct. 22, 2015). Telephone services made
2561+24 available through a prepaid or collect call system shall
2562+25 include international calls; those calls shall be made
2563+26 available at reasonable rates subject to Federal
2564+
2565+
2566+
2567+
2568+
2569+ HB5601 Enrolled - 73 - LRB103 38592 MXP 68728 b
2570+
2571+
2572+HB5601 Enrolled- 74 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 74 - LRB103 38592 MXP 68728 b
2573+ HB5601 Enrolled - 74 - LRB103 38592 MXP 68728 b
2574+1 Communications Commission rules and regulations, but not to
2575+2 exceed 23 cents per minute. Public Act 99-878 applies to any
2576+3 new or renewal contract for inmate calling services.
2577+4 (b) The On July 1, 1998, the Department of Corrections
2578+5 Reimbursement Fund and the Department of Corrections Education
2579+6 Fund shall be combined into a single fund to be known as the
2580+7 Department of Corrections Reimbursement and Education Fund,
2581+8 which is hereby created as a special fund in the State
2582+9 Treasury. The moneys deposited into the Department of
2583+10 Corrections Reimbursement and Education Fund shall be
2584+11 appropriated to the Department of Corrections for the expenses
2585+12 of the Department.
2586+13 The following shall be deposited into the Department of
2587+14 Corrections Reimbursement and Education Fund:
2588+15 (i) Moneys received or recovered by the Department of
2589+16 Corrections as reimbursement for expenses incurred for the
2590+17 incarceration of committed persons.
2591+18 (ii) Moneys received or recovered by the Department as
2592+19 reimbursement of payments made under the Workers'
2593+20 Compensation Act.
2594+21 (iii) Moneys received by the Department as commissions
2595+22 from inmate collect call telephone systems.
2596+23 (iv) Moneys received or recovered by the Department as
2597+24 reimbursement for expenses incurred by the employment of
2598+25 persons referred to the Department as participants in the
2599+26 federal Job Training Partnership Act programs.
2600+
2601+
2602+
2603+
2604+
2605+ HB5601 Enrolled - 74 - LRB103 38592 MXP 68728 b
2606+
2607+
2608+HB5601 Enrolled- 75 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 75 - LRB103 38592 MXP 68728 b
2609+ HB5601 Enrolled - 75 - LRB103 38592 MXP 68728 b
2610+1 (v) Federal moneys, including reimbursement and
2611+2 advances for services rendered or to be rendered and
2612+3 moneys for other than educational purposes, under grant or
2613+4 contract.
2614+5 (vi) Moneys identified for deposit into the Fund under
2615+6 Section 13-44.4 of the School Code.
2616+7 (vii) (Blank). Moneys in the Department of Corrections
2617+8 Reimbursement Fund and the Department of Corrections
2618+9 Education Fund at the close of business on June 30, 1998.
2619+10 (c) The Department of Juvenile Justice Reimbursement and
2620+11 Education Fund is created as a special fund in the State
2621+12 Treasury. The moneys deposited into the Department of Juvenile
2622+13 Justice Reimbursement Fund and Education shall be appropriated
2623+14 to the Department of Juvenile Justice for the expenses of the
2624+15 Department. The following moneys shall be deposited into the
2625+16 Department of Juvenile Justice Reimbursement Fund and
2626+17 Education Fund:
2627+18 (i) received or recovered by the Department of
2628+19 Juvenile Justice as reimbursement for expenses incurred
2629+20 for the incarceration of committed youth;
2630+21 (ii) received or recovered by the Department as
2631+22 reimbursement of payments made under the Workers'
2632+23 Compensation Act;
2633+24 (iii) received or recovered by the Department as
2634+25 reimbursement for expenses incurred by the employment of
2635+26 persons referred to the Department as participants in the
2636+
2637+
2638+
2639+
2640+
2641+ HB5601 Enrolled - 75 - LRB103 38592 MXP 68728 b
2642+
2643+
2644+HB5601 Enrolled- 76 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 76 - LRB103 38592 MXP 68728 b
2645+ HB5601 Enrolled - 76 - LRB103 38592 MXP 68728 b
2646+1 federal Job Training Partnership Act programs;
2647+2 (iv) federal moneys, including reimbursement and
2648+3 advances for services rendered or to be rendered and
2649+4 moneys for other than educational purposes, under grant or
2650+5 contract; and
2651+6 (v) moneys identified for deposit into the Fund under
2652+7 Section 13-44.6 of the School Code.
2653+8 (Source: P.A. 102-350, eff. 8-13-21; 102-699, eff. 7-1-22.)
2654+9 (730 ILCS 5/3-2-2.1 rep.)
2655+10 Section 5-145. The Unified Code of Corrections is amended
2656+11 by repealing Section 3-2-2.1.
2657+12 Section 5-150. The Sex Offender Registration Act is
2658+13 amended by changing Section 11 as follows:
2659+14 (730 ILCS 150/11)
2660+15 Sec. 11. Offender Registration Fund. There is created the
2661+16 Offender Registration Fund (formerly known as the Sex Offender
2662+17 Registration Fund). Moneys in the Fund shall be used to cover
2663+18 costs incurred by the criminal justice system to administer
2664+19 this Article and the Murderer and Violent Offender Against
2665+20 Youth Registration Act, and for purposes as authorized under
2666+21 this Section. The Illinois State Police shall establish and
2667+22 promulgate rules and procedures regarding the administration
2668+23 of this Fund. Fifty percent of the moneys in the Fund shall be
2669+
2670+
2671+
2672+
2673+
2674+ HB5601 Enrolled - 76 - LRB103 38592 MXP 68728 b
2675+
2676+
2677+HB5601 Enrolled- 77 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 77 - LRB103 38592 MXP 68728 b
2678+ HB5601 Enrolled - 77 - LRB103 38592 MXP 68728 b
2679+1 allocated by the Department for sheriffs' offices and police
2680+2 departments. The remaining moneys in the Fund received under
2681+3 Public Act 101-571 this amendatory Act of the 101st General
2682+4 Assembly shall be allocated to the Illinois State Police for
2683+5 education and administration of the Act.
2684+6 Notwithstanding any other provision of law, in addition to
2685+7 any other transfers that may be provided by law, on the
2686+8 effective date of this amendatory Act of the 103rd General
2687+9 Assembly, or as soon thereafter as practical, the State
2688+10 Comptroller shall direct and the State Treasurer shall
2689+11 transfer the remaining balance from the Sex Offender
2690+12 Investigation Fund to the Offender Registration Fund. Upon
2691+13 completion of the transfers, the Sex Offender Investigation
2692+14 Fund is dissolved, and any future deposits into the Sex
2693+15 Offender Investigation Fund and any outstanding obligations or
2694+16 liabilities of the Sex Offender Investigation Fund pass to the
2695+17 Offender Registration Fund.
2696+18 (Source: P.A. 102-538, eff. 8-20-21; 103-34, eff. 6-9-23.)
2697+19 Article 10.
2698+20 Section 10-5. The State Budget Law of the Civil
2699+21 Administrative Code of Illinois is amended by changing Section
2700+22 50-25 as follows:
2701+23 (15 ILCS 20/50-25)
2702+
2703+
2704+
2705+
2706+
2707+ HB5601 Enrolled - 77 - LRB103 38592 MXP 68728 b
2708+
2709+
2710+HB5601 Enrolled- 78 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 78 - LRB103 38592 MXP 68728 b
2711+ HB5601 Enrolled - 78 - LRB103 38592 MXP 68728 b
2712+1 Sec. 50-25. Statewide prioritized goals.
2713+2 (a) Definitions. As used in this Section:
2714+3 "Commission" means the Budgeting for Results Commission
2715+4 established by this Section.
2716+5 "Result area" means major organizational categories of
2717+6 State government as defined by the Governor.
2718+7 "Outcome area" means subcategories of result areas that
2719+8 further define, and facilitate the measurement of the result
2720+9 area, as established by the Governor.
2721+10 (b) Statewide prioritized goals. For fiscal year 2025 and
2722+11 each fiscal year thereafter, prior to the submission of the
2723+12 State budget, the Governor, in consultation with the
2724+13 Commission established under this Section, shall: (i) identify
2725+14 statewide result areas that are most important for each State
2726+15 agency of the executive branch under the jurisdiction of the
2727+16 Governor to achieve for the next fiscal year and (ii) identify
2728+17 outcome areas, which further define the statewide result
2729+18 areas, into which State programs and associated spending can
2730+19 be categorized. There must be a reasonable number of annually
2731+20 defined statewide result and outcome areas defining State
2732+21 priorities for the budget. Each result and outcome shall be
2733+22 further defined to facilitate success in achieving that result
2734+23 or outcome.
2735+24 (c) Budgeting for Results Commission. On or after July 31,
2736+25 2024, the Governor shall establish an advisory a commission
2737+26 for the purpose of advising the Governor in the implementation
2738+
2739+
2740+
2741+
2742+
2743+ HB5601 Enrolled - 78 - LRB103 38592 MXP 68728 b
2744+
2745+
2746+HB5601 Enrolled- 79 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 79 - LRB103 38592 MXP 68728 b
2747+ HB5601 Enrolled - 79 - LRB103 38592 MXP 68728 b
2748+1 of performance-based budgeting in Illinois State government,
2749+2 setting statewide result and outcome areas, and providing
2750+3 oversight and guidance for comprehensive program assessments
2751+4 and benefit-cost analysis of State agency programs.
2752+5 (1) Membership. The commission shall be composed of
2753+6 voting and non-voting members appointed by the Governor.
2754+7 The commission shall be a well-balanced group and shall be
2755+8 not more than 15 and not less than 8 members. Members
2756+9 appointed by the Governor shall serve a three-year term,
2757+10 beginning and ending on July 1 of each year. Vacancies in
2758+11 Commission membership shall be filled in the same manner
2759+12 as initial appointments. Appointments to fill vacancies
2760+13 occurring before the expiration of a term shall be for the
2761+14 remainder of the term. Members shall serve until their
2762+15 successors are appointed.
2763+16 (2) Bylaws. The commission may adopt bylaws for the
2764+17 regulation of its affairs and the conduct of its business.
2765+18 (3) Quorum. Total membership of the Commission
2766+19 consists of the number of voting members serving on the
2767+20 Commission, not including any vacant positions. A quorum
2768+21 consists of a simple majority of total voting membership
2769+22 and shall be sufficient to conduct the business of the
2770+23 commission, unless stipulated otherwise in the bylaws of
2771+24 the commission. A member may submit a proxy in writing to
2772+25 the Commission Co-Chairs or the Commission Staff Director
2773+26 no later than 24 hours before a scheduled meeting, and
2774+
2775+
2776+
2777+
2778+
2779+ HB5601 Enrolled - 79 - LRB103 38592 MXP 68728 b
2780+
2781+
2782+HB5601 Enrolled- 80 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 80 - LRB103 38592 MXP 68728 b
2783+ HB5601 Enrolled - 80 - LRB103 38592 MXP 68728 b
2784+1 that proxy shall count toward the quorum for that meeting
2785+2 only.
2786+3 (4) Chairpersons. Two Co-Chairs of the commission
2787+4 shall be appointed by the Governor. The Co-Chairs shall be
2788+5 one member of the General Assembly and one person who is
2789+6 not a member of the General Assembly.
2790+7 (5) Meetings. The commission shall hold at least 2
2791+8 in-person public meetings during each fiscal year. One
2792+9 meeting shall be held in the City of Chicago and one
2793+10 meeting shall be held in the City of Springfield. The
2794+11 commission may choose by a majority vote of its members to
2795+12 hold one virtual meeting, which is open to the public and
2796+13 over the Internet, in lieu of the 2 in-person public
2797+14 meetings required under this Section.
2798+15 (6) Compensation. Members shall not receive
2799+16 compensation for their services.
2800+17 (7) Annual report. By November 1 of each year, the
2801+18 commission shall submit a report to the Governor and the
2802+19 General Assembly setting forth recommendations with
2803+20 respect to the Governor's implementation of
2804+21 performance-based budgeting in Illinois State government.
2805+22 The report shall be published on the Governor's Office of
2806+23 Management and Budget's website. In its report, the
2807+24 commission shall report on the status of comprehensive
2808+25 program assessments and benefit cost analysis of state
2809+26 agency programs conducted during the prior year.
2810+
2811+
2812+
2813+
2814+
2815+ HB5601 Enrolled - 80 - LRB103 38592 MXP 68728 b
2816+
2817+
2818+HB5601 Enrolled- 81 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 81 - LRB103 38592 MXP 68728 b
2819+ HB5601 Enrolled - 81 - LRB103 38592 MXP 68728 b
2820+1 The commission shall also review existing statutory
2821+2 mandates and include in its report recommendations for the
2822+3 repeal or modification of statutory mandates and funds or the
2823+4 State treasury which are out-of-date or unduly burdensome to
2824+5 the operations of State government.
2825+6 The General Assembly may object to the commission's report
2826+7 by passing a joint resolution detailing the General Assembly's
2827+8 objections.
2828+9 (d) In addition, each other constitutional officer of the
2829+10 executive branch, in consultation with the appropriation
2830+11 committees of the General Assembly, shall: (i) prioritize
2831+12 outcomes that are most important for his or her office to
2832+13 achieve for the next fiscal year and (ii) set goals to
2833+14 accomplish those outcomes according to the priority of the
2834+15 outcome. The Governor and each constitutional officer shall
2835+16 separately conduct performance analyses to determine which
2836+17 programs, strategies, and activities will best achieve those
2837+18 desired outcomes. The Governor shall recommend that
2838+19 appropriations be made to State agencies and officers for the
2839+20 next fiscal year based on the agreed upon result and outcome
2840+21 areas. Each agency and officer may develop its own strategies
2841+22 for meeting those goals and shall review and analyze those
2842+23 strategies on a regular basis. The Governor shall also
2843+24 implement procedures to measure annual progress toward the
2844+25 State's statewide results and outcomes and shall develop a
2845+26 statewide reporting system that collects performance data from
2846+
2847+
2848+
2849+
2850+
2851+ HB5601 Enrolled - 81 - LRB103 38592 MXP 68728 b
2852+
2853+
2854+HB5601 Enrolled- 82 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 82 - LRB103 38592 MXP 68728 b
2855+ HB5601 Enrolled - 82 - LRB103 38592 MXP 68728 b
2856+1 all programs under the authority of the Governor. Those
2857+2 performance measures and results shall be posted on the
2858+3 Governor's Office of Management and Budget website.
2859+4 (Source: P.A. 102-801, eff. 5-13-22; 103-8, eff. 6-7-23.)
2860+5 Section 10-15. The High Technology School-to-Work Act is
2861+6 amended by changing Sections 20 and 40 as follows:
2862+7 (20 ILCS 701/20)
2863+8 Sec. 20. Coordination with economic development
2864+9 activities. The Department may must coordinate the
2865+10 administration of the High Technology School-to-Work Program,
2866+11 including the targeting of projects, with the Department's
2867+12 technology related planning and economic development
2868+13 initiatives.
2869+14 (Source: P.A. 92-250, eff. 8-3-01.)
2870+15 (20 ILCS 701/40)
2871+16 Sec. 40. Duties. The Department may has the following
2872+17 duties:
2873+18 (1) Establish To establish and coordinate the High
2874+19 Technology School-to-Work Program.
2875+20 (2) Subject to appropriations, to make grants to local
2876+21 partnerships to administer high technology school-to-work
2877+22 projects.
2878+23 (3) Periodically To periodically identify high
2879+
2880+
2881+
2882+
2883+
2884+ HB5601 Enrolled - 82 - LRB103 38592 MXP 68728 b
2885+
2886+
2887+HB5601 Enrolled- 83 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 83 - LRB103 38592 MXP 68728 b
2888+ HB5601 Enrolled - 83 - LRB103 38592 MXP 68728 b
2889+1 technology industries and occupations for which training
2890+2 programs may be developed pursuant to the requirements of
2891+3 this Act.
2892+4 (4) Issue To issue guidelines for submitting grant
2893+5 applications.
2894+6 (5) Adopt To adopt, amend, or repeal any rules that
2895+7 may be necessary to administer this Act.
2896+8 (Source: P.A. 92-250, eff. 8-3-01.)
2897+9 (20 ILCS 605/605-360 rep.)
2898+10 Section 10-17. The Department of Commerce and Economic
2899+11 Opportunity Law of the Civil Administrative Code of Illinois
2900+12 is amended by repealing Section 605-360.
2901+13 (20 ILCS 1305/10-63 rep.)
2902+14 Section 10-20. The Department of Human Services Act is
2903+15 amended by repealing Section 10-63.
2904+16 (20 ILCS 2335/Act rep.)
2905+17 Section 10-25. The Community Health Worker Advisory Board
2906+18 Act is repealed.
2907+19 Section 10-30. The Department of Veterans' Affairs Act is
2908+20 amended by changing Sections 2.07 and 2.13 as follows:
2909+21 (20 ILCS 2805/2.07) (from Ch. 126 1/2, par. 67.07)
2910+
2911+
2912+
2913+
2914+
2915+ HB5601 Enrolled - 83 - LRB103 38592 MXP 68728 b
2916+
2917+
2918+HB5601 Enrolled- 84 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 84 - LRB103 38592 MXP 68728 b
2919+ HB5601 Enrolled - 84 - LRB103 38592 MXP 68728 b
2920+1 Sec. 2.07. The Department shall employ and maintain
2921+2 sufficient and qualified staff at the veterans' homes (i) to
2922+3 fill all beds, subject to appropriation, and (ii) to fulfill
2923+4 the requirements of this Act. The Department shall report to
2924+5 the General Assembly, by February January 1, for the reporting
2925+6 period of July 1 through December 31, and August July 1, for
2926+7 the reporting period of January 1 through June 30, of each
2927+8 year, the number of staff employed in providing direct patient
2928+9 care at their veterans' homes, the compliance or noncompliance
2929+10 with staffing standards established by the United States
2930+11 Department of Veterans Affairs for such care, and in the event
2931+12 of noncompliance with such standards, the number of staff
2932+13 required for compliance. For purposes of this Section, a nurse
2933+14 who has a license application pending with the State shall not
2934+15 be deemed unqualified by the Department if the nurse is in
2935+16 compliance with Section 50-15 of the Nurse Practice Act.
2936+17 A veterans home is subject to the Health Care Violence
2937+18 Prevention Act.
2938+19 (Source: P.A. 100-1051, eff. 1-1-19.)
2939+20 (20 ILCS 2805/2.13)
2940+21 Sec. 2.13. Veterans Homes; complaints; communicable
2941+22 disease reports.
2942+23 (a) As used in this Section:
2943+24 "Case" means a person that lived as a resident in a
2944+25 Veterans Home and had an illness due to a communicable
2945+
2946+
2947+
2948+
2949+
2950+ HB5601 Enrolled - 84 - LRB103 38592 MXP 68728 b
2951+
2952+
2953+HB5601 Enrolled- 85 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 85 - LRB103 38592 MXP 68728 b
2954+ HB5601 Enrolled - 85 - LRB103 38592 MXP 68728 b
2955+1 disease.
2956+2 "Communicable disease" means an illness due to a specific
2957+3 infectious agent or its toxic products that arises through
2958+4 transmission of that agent or its products from an infected
2959+5 person, animal, or inanimate source to a susceptible host,
2960+6 either directly or indirectly, through an intermediate plant
2961+7 or animal host, a vector, or the inanimate environment.
2962+8 (b) The Department shall submit a bi-annual report to the
2963+9 General Assembly by February January 1, for the reporting
2964+10 period of July 1 through December 31, and August July 1, for
2965+11 the reporting period of January 1 through June 30, of each year
2966+12 about the health and welfare of residents at Veterans Homes.
2967+13 The report shall be filed electronically with the General
2968+14 Assembly, as provided under Section 3.1 of the General
2969+15 Assembly Organization Act, and shall be provided
2970+16 electronically to any member of the General Assembly upon
2971+17 request. Each report shall include, but not be limited to, the
2972+18 following:
2973+19 (1) the number and nature of complaints made by
2974+20 residents, a resident's emergency contacts or next of kin,
2975+21 or a resident's power of attorney during the quarter;
2976+22 (2) information on any epidemic reported at a Veterans
2977+23 Home during the quarter; and
2978+24 (3) the number of cases and information on the cases,
2979+25 including, but not limited to, any dates a resident showed
2980+26 signs and symptoms of having a communicable disease, any
2981+
2982+
2983+
2984+
2985+
2986+ HB5601 Enrolled - 85 - LRB103 38592 MXP 68728 b
2987+
2988+
2989+HB5601 Enrolled- 86 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 86 - LRB103 38592 MXP 68728 b
2990+ HB5601 Enrolled - 86 - LRB103 38592 MXP 68728 b
2991+1 dates of a confirmed diagnosis of any resident with a
2992+2 communicable disease, and the action taken by the Veterans
2993+3 Home to eradicate the spread of communicable disease,
2994+4 during the quarter.
2995+5 (Source: P.A. 100-1103, eff. 8-27-18.)
2996+6 Section 10-35. The Governor's Office of Management and
2997+7 Budget Act is amended by changing Section 5.1 as follows:
2998+8 (20 ILCS 3005/5.1) (from Ch. 127, par. 415)
2999+9 Sec. 5.1. Under such regulations as the Governor may
3000+10 prescribe, every State agency, other than State colleges and
3001+11 universities, agencies of legislative and judicial branches of
3002+12 State government, and elected State executive officers not
3003+13 including the Governor, shall file with the Commission on
3004+14 Government Forecasting and Accountability all applications for
3005+15 federal grants, contracts and agreements. The Commission on
3006+16 Government Forecasting and Accountability shall immediately
3007+17 forward all such materials to the Office for the Office's
3008+18 approval. Any application for federal funds which has not
3009+19 received Office approval shall be considered void and any
3010+20 funds received as a result of such application shall be
3011+21 returned to the federal government before they are spent. Each
3012+22 State agency subject to this Section shall, at least 45 days
3013+23 before submitting its application to the federal agency,
3014+24 report in detail to the Commission on Government Forecasting
3015+
3016+
3017+
3018+
3019+
3020+ HB5601 Enrolled - 86 - LRB103 38592 MXP 68728 b
3021+
3022+
3023+HB5601 Enrolled- 87 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 87 - LRB103 38592 MXP 68728 b
3024+ HB5601 Enrolled - 87 - LRB103 38592 MXP 68728 b
3025+1 and Accountability what the grant is intended to accomplish
3026+2 and the specific plans for spending the federal dollars
3027+3 received pursuant to the grant. The Commission on Government
3028+4 Forecasting and Accountability shall immediately review such
3029+5 forward such materials to the Office. The Office may approve
3030+6 the submission of an application to the federal agency in less
3031+7 than 45 days after its receipt by the Office when the Office
3032+8 determines that the circumstances require an expedited
3033+9 application. Such reports of applications and plans of
3034+10 expenditure, which shall include but shall not be limited to:
3035+11 (1) an estimate of both the direct and indirect costs
3036+12 in non-federal revenues of participation in the federal
3037+13 program;
3038+14 (2) the probable length of duration of the program, a
3039+15 schedule of fund receipts and an estimate of the cost to
3040+16 the State of maintaining the program if and when the
3041+17 federal financial assistance or grant is terminated;
3042+18 (3) a list of State or local agencies utilizing the
3043+19 financial assistance as direct recipients or subgrantees;
3044+20 (4) a description of each program proposed to be
3045+21 funded by the financial assistance or grant; and
3046+22 (5) a description of any financial, program or
3047+23 planning commitment on the part of the State required by
3048+24 the federal government as a requirement for receipt of the
3049+25 financial assistance or grant.
3050+26 All State agencies subject to this Section shall
3051+
3052+
3053+
3054+
3055+
3056+ HB5601 Enrolled - 87 - LRB103 38592 MXP 68728 b
3057+
3058+
3059+HB5601 Enrolled- 88 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 88 - LRB103 38592 MXP 68728 b
3060+ HB5601 Enrolled - 88 - LRB103 38592 MXP 68728 b
3061+1 immediately file with the Commission on Government Forecasting
3062+2 and Accountability any awards of federal funds and any and all
3063+3 changes in the programs, in awards, in program duration, in
3064+4 schedule of fund receipts, and in estimated costs to the State
3065+5 of maintaining the program if and when federal assistance is
3066+6 terminated, or in direct and indirect costs, of any grant
3067+7 under which they are or expect to be receiving federal funds.
3068+8 The Commission on Government Forecasting and Accountability
3069+9 shall immediately forward such materials to the Office.
3070+10 The Office in cooperation with the Commission on
3071+11 Government Forecasting and Accountability shall develop
3072+12 standard forms and a system of identifying numbers for the
3073+13 applications and reports required by this Section. Upon
3074+14 receipt from the State agencies of each application and
3075+15 report, the Commission on Government Forecasting and
3076+16 Accountability shall promptly designate the appropriate
3077+17 identifying number therefor and communicate such number to the
3078+18 respective State agency, the Comptroller and the Office.
3079+19 Each State agency subject to this Section shall include in
3080+20 each report to the Comptroller of the receipt of federal funds
3081+21 the identifying number applicable to the grant under which
3082+22 such funds are received.
3083+23 (Source: P.A. 100-1148, eff. 12-10-18.)
3084+24 Section 10-40. The Legislative Commission Reorganization
3085+25 Act of 1984 is amended by changing Section 4-2.1 as follows:
3086+
3087+
3088+
3089+
3090+
3091+ HB5601 Enrolled - 88 - LRB103 38592 MXP 68728 b
3092+
3093+
3094+HB5601 Enrolled- 89 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 89 - LRB103 38592 MXP 68728 b
3095+ HB5601 Enrolled - 89 - LRB103 38592 MXP 68728 b
3096+1 (25 ILCS 130/4-2.1)
3097+2 Sec. 4-2.1. Federal program functions. The Commission on
3098+3 Government Forecasting and Accountability is established as
3099+4 the information center for the General Assembly in the field
3100+5 of federal-state relations and as State Central Information
3101+6 Reception Agency for the purpose of receiving information from
3102+7 federal agencies under the United States Office of Management
3103+8 and Budget circular A-98 and the United States Department of
3104+9 the Treasury Circular TC-1082 or any successor circulars
3105+10 promulgated under authority of the United States
3106+11 Inter-governmental Cooperation Act of 1968. Its powers and
3107+12 duties in this capacity include, but are not limited to:
3108+13 (a) Compiling and maintaining current information on
3109+14 available and pending federal aid programs for the use of
3110+15 the General Assembly and legislative agencies;
3111+16 (b) Analyzing the relationship of federal aid programs
3112+17 with state and locally financed programs, and assessing
3113+18 the impact of federal aid programs on the State generally;
3114+19 (c) Reporting annually to the General Assembly on the
3115+20 adequacy of programs financed by federal aid in the State,
3116+21 the types and nature of federal aid programs in which
3117+22 State agencies or local governments did not participate,
3118+23 and to make recommendations on such matters;
3119+24 (d) Cooperating with the Governor's Office of
3120+25 Management and Budget and with any State of Illinois
3121+
3122+
3123+
3124+
3125+
3126+ HB5601 Enrolled - 89 - LRB103 38592 MXP 68728 b
3127+
3128+
3129+HB5601 Enrolled- 90 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 90 - LRB103 38592 MXP 68728 b
3130+ HB5601 Enrolled - 90 - LRB103 38592 MXP 68728 b
3131+1 offices located in Washington, D.C., in obtaining
3132+2 information concerning federal grant-in-aid legislation
3133+3 and proposals having an impact on the State of Illinois;
3134+4 (e) (Blank); Cooperating with the Governor's Office of
3135+5 Management and Budget in developing forms and identifying
3136+6 number systems for the documentation of applications,
3137+7 awards, receipts and expenditures of federal funds by
3138+8 State agencies;
3139+9 (f) Receiving from every State agency, other than
3140+10 State colleges and universities, agencies of legislative
3141+11 and judicial branches of State government, and elected
3142+12 State executive officers not including the Governor, all
3143+13 applications for federal grants, contracts and agreements
3144+14 and notification of any awards of federal funds and any
3145+15 and all changes in the programs, in awards, in program
3146+16 duration, in schedule of fund receipts, and in estimated
3147+17 costs to the State of maintaining the program if and when
3148+18 federal assistance is terminated, or in direct and
3149+19 indirect costs, of any grant under which they are or
3150+20 expect to be receiving federal funds;
3151+21 (g) (Blank); and Forwarding to the Governor's Office
3152+22 of Management and Budget all documents received under
3153+23 paragraph (f) after assigning an appropriate, State
3154+24 application identifier number to all applications; and
3155+25 (h) Reporting such information as is received under
3156+26 subparagraph (f) to the President and Minority Leader of
3157+
3158+
3159+
3160+
3161+
3162+ HB5601 Enrolled - 90 - LRB103 38592 MXP 68728 b
3163+
3164+
3165+HB5601 Enrolled- 91 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 91 - LRB103 38592 MXP 68728 b
3166+ HB5601 Enrolled - 91 - LRB103 38592 MXP 68728 b
3167+1 the Senate and the Speaker and Minority Leader of the
3168+2 House of Representatives and their respective
3169+3 appropriation staffs and to any member of the General
3170+4 Assembly on a monthly basis at the request of the member.
3171+5 The State colleges and universities, the agencies of the
3172+6 legislative and judicial branches of State government, and the
3173+7 elected State executive officers, not including the Governor,
3174+8 shall submit to the Commission on Government Forecasting and
3175+9 Accountability, in a manner prescribed by the Commission on
3176+10 Government Forecasting and Accountability, summaries of
3177+11 applications for federal funds filed and grants of federal
3178+12 funds awarded.
3179+13 (Source: P.A. 100-1148, eff. 12-10-18.)
3180+14 Section 10-45. The Grant Accountability and Transparency
3181+15 Act is amended by changing Sections 15 and 45 as follows:
3182+16 (30 ILCS 708/15)
3183+17 Sec. 15. Definitions. As used in this Act:
3184+18 "Allowable cost" means a cost allowable to a project if:
3185+19 (1) the costs are reasonable and necessary for the
3186+20 performance of the award;
3187+21 (2) the costs are allocable to the specific project;
3188+22 (3) the costs are treated consistently in like
3189+23 circumstances to both federally-financed and other
3190+24 activities of the non-federal entity;
3191+
3192+
3193+
3194+
3195+
3196+ HB5601 Enrolled - 91 - LRB103 38592 MXP 68728 b
3197+
3198+
3199+HB5601 Enrolled- 92 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 92 - LRB103 38592 MXP 68728 b
3200+ HB5601 Enrolled - 92 - LRB103 38592 MXP 68728 b
3201+1 (4) the costs conform to any limitations of the cost
3202+2 principles or the sponsored agreement;
3203+3 (5) the costs are accorded consistent treatment; a
3204+4 cost may not be assigned to a State or federal award as a
3205+5 direct cost if any other cost incurred for the same
3206+6 purpose in like circumstances has been allocated to the
3207+7 award as an indirect cost;
3208+8 (6) the costs are determined to be in accordance with
3209+9 generally accepted accounting principles;
3210+10 (7) the costs are not included as a cost or used to
3211+11 meet federal cost-sharing or matching requirements of any
3212+12 other program in either the current or prior period;
3213+13 (8) the costs of one State or federal grant are not
3214+14 used to meet the match requirements of another State or
3215+15 federal grant; and
3216+16 (9) the costs are adequately documented.
3217+17 "Auditee" means any non-federal entity that expends State
3218+18 or federal awards that must be audited.
3219+19 "Auditor" means an auditor who is a public accountant or a
3220+20 federal, State, or local government audit organization that
3221+21 meets the general standards specified in generally-accepted
3222+22 government auditing standards. "Auditor" does not include
3223+23 internal auditors of nonprofit organizations.
3224+24 "Auditor General" means the Auditor General of the State
3225+25 of Illinois.
3226+26 "Award" means financial assistance that provides support
3227+
3228+
3229+
3230+
3231+
3232+ HB5601 Enrolled - 92 - LRB103 38592 MXP 68728 b
3233+
3234+
3235+HB5601 Enrolled- 93 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 93 - LRB103 38592 MXP 68728 b
3236+ HB5601 Enrolled - 93 - LRB103 38592 MXP 68728 b
3237+1 or stimulation to accomplish a public purpose. "Awards"
3238+2 include grants and other agreements in the form of money, or
3239+3 property in lieu of money, by the State or federal government
3240+4 to an eligible recipient. "Award" does not include: technical
3241+5 assistance that provides services instead of money; other
3242+6 assistance in the form of loans, loan guarantees, interest
3243+7 subsidies, or insurance; direct payments of any kind to
3244+8 individuals; or contracts that must be entered into and
3245+9 administered under State or federal procurement laws and
3246+10 regulations.
3247+11 "Budget" means the financial plan for the project or
3248+12 program that the awarding agency or pass-through entity
3249+13 approves during the award process or in subsequent amendments
3250+14 to the award. It may include the State or federal and
3251+15 non-federal share or only the State or federal share, as
3252+16 determined by the awarding agency or pass-through entity.
3253+17 "Catalog of Federal Domestic Assistance" or "CFDA" means a
3254+18 database that helps the federal government track all programs
3255+19 it has domestically funded.
3256+20 "Catalog of Federal Domestic Assistance number" or "CFDA
3257+21 number" means the number assigned to a federal program in the
3258+22 CFDA.
3259+23 "Catalog of State Financial Assistance" means the single,
3260+24 authoritative, statewide, comprehensive source document of
3261+25 State financial assistance program information maintained by
3262+26 the Governor's Office of Management and Budget.
3263+
3264+
3265+
3266+
3267+
3268+ HB5601 Enrolled - 93 - LRB103 38592 MXP 68728 b
3269+
3270+
3271+HB5601 Enrolled- 94 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 94 - LRB103 38592 MXP 68728 b
3272+ HB5601 Enrolled - 94 - LRB103 38592 MXP 68728 b
3273+1 "Catalog of State Financial Assistance Number" means the
3274+2 number assigned to a State program in the Catalog of State
3275+3 Financial Assistance. The first 3 digits represent the State
3276+4 agency number and the last 4 digits represent the program.
3277+5 "Cluster of programs" means a grouping of closely related
3278+6 programs that share common compliance requirements. The types
3279+7 of clusters of programs are research and development, student
3280+8 financial aid, and other clusters. A "cluster of programs"
3281+9 shall be considered as one program for determining major
3282+10 programs and, with the exception of research and development,
3283+11 whether a program-specific audit may be elected.
3284+12 "Cognizant agency for audit" means the federal agency
3285+13 designated to carry out the responsibilities described in 2
3286+14 CFR 200.513(a).
3287+15 "Contract" means a legal instrument by which a non-federal
3288+16 entity purchases property or services needed to carry out the
3289+17 project or program under an award. "Contract" does not include
3290+18 a legal instrument, even if the non-federal entity considers
3291+19 it a contract, when the substance of the transaction meets the
3292+20 definition of an award or subaward.
3293+21 "Contractor" means an entity that receives a contract.
3294+22 "Cooperative agreement" means a legal instrument of
3295+23 financial assistance between an awarding agency or
3296+24 pass-through entity and a non-federal entity that:
3297+25 (1) is used to enter into a relationship with the
3298+26 principal purpose of transferring anything of value from
3299+
3300+
3301+
3302+
3303+
3304+ HB5601 Enrolled - 94 - LRB103 38592 MXP 68728 b
3305+
3306+
3307+HB5601 Enrolled- 95 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 95 - LRB103 38592 MXP 68728 b
3308+ HB5601 Enrolled - 95 - LRB103 38592 MXP 68728 b
3309+1 the awarding agency or pass-through entity to the
3310+2 non-federal entity to carry out a public purpose
3311+3 authorized by law, but is not used to acquire property or
3312+4 services for the awarding agency's or pass-through
3313+5 entity's direct benefit or use; and
3314+6 (2) is distinguished from a grant in that it provides
3315+7 for substantial involvement between the awarding agency or
3316+8 pass-through entity and the non-federal entity in carrying
3317+9 out the activity contemplated by the award.
3318+10 "Cooperative agreement" does not include a cooperative
3319+11 research and development agreement, nor an agreement that
3320+12 provides only direct cash assistance to an individual, a
3321+13 subsidy, a loan, a loan guarantee, or insurance.
3322+14 "Corrective action" means action taken by the auditee that
3323+15 (i) corrects identified deficiencies, (ii) produces
3324+16 recommended improvements, or (iii) demonstrates that audit
3325+17 findings are either invalid or do not warrant auditee action.
3326+18 "Cost objective" means a program, function, activity,
3327+19 award, organizational subdivision, contract, or work unit for
3328+20 which cost data is desired and for which provision is made to
3329+21 accumulate and measure the cost of processes, products, jobs,
3330+22 and capital projects. A "cost objective" may be a major
3331+23 function of the non-federal entity, a particular service or
3332+24 project, an award, or an indirect cost activity.
3333+25 "Cost sharing" means the portion of project costs not paid
3334+26 by State or federal funds, unless otherwise authorized by
3335+
3336+
3337+
3338+
3339+
3340+ HB5601 Enrolled - 95 - LRB103 38592 MXP 68728 b
3341+
3342+
3343+HB5601 Enrolled- 96 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 96 - LRB103 38592 MXP 68728 b
3344+ HB5601 Enrolled - 96 - LRB103 38592 MXP 68728 b
3345+1 statute.
3346+2 "Development" is the systematic use of knowledge and
3347+3 understanding gained from research directed toward the
3348+4 production of useful materials, devices, systems, or methods,
3349+5 including design and development of prototypes and processes.
3350+6 "Data Universal Numbering System number" means the 9-digit
3351+7 number established and assigned by Dun and Bradstreet, Inc. to
3352+8 uniquely identify entities and, under federal law, is required
3353+9 for non-federal entities to apply for, receive, and report on
3354+10 a federal award.
3355+11 "Direct costs" means costs that can be identified
3356+12 specifically with a particular final cost objective, such as a
3357+13 State or federal or federal pass-through award or a particular
3358+14 sponsored project, an instructional activity, or any other
3359+15 institutional activity, or that can be directly assigned to
3360+16 such activities relatively easily with a high degree of
3361+17 accuracy.
3362+18 "Equipment" means tangible personal property (including
3363+19 information technology systems) having a useful life of more
3364+20 than one year and a per-unit acquisition cost that equals or
3365+21 exceeds the lesser of the capitalization level established by
3366+22 the non-federal entity for financial statement purposes, or
3367+23 $5,000.
3368+24 "Executive branch" means that branch of State government
3369+25 that is under the jurisdiction of the Governor.
3370+26 "Federal agency" has the meaning provided for "agency"
3371+
3372+
3373+
3374+
3375+
3376+ HB5601 Enrolled - 96 - LRB103 38592 MXP 68728 b
3377+
3378+
3379+HB5601 Enrolled- 97 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 97 - LRB103 38592 MXP 68728 b
3380+ HB5601 Enrolled - 97 - LRB103 38592 MXP 68728 b
3381+1 under 5 U.S.C. 551(1) together with the meaning provided for
3382+2 "agency" by 5 U.S.C. 552(f).
3383+3 "Federal award" means:
3384+4 (1) the federal financial assistance that a
3385+5 non-federal entity receives directly from a federal
3386+6 awarding agency or indirectly from a pass-through entity;
3387+7 (2) the cost-reimbursement contract under the Federal
3388+8 Acquisition Regulations that a non-federal entity receives
3389+9 directly from a federal awarding agency or indirectly from
3390+10 a pass-through entity; or
3391+11 (3) the instrument setting forth the terms and
3392+12 conditions when the instrument is the grant agreement,
3393+13 cooperative agreement, other agreement for assistance
3394+14 covered in 2 CFR 200, Subpart A, Acronyms and Definitions
3395+15 paragraph (b) of 20 CFR 200.40, or the cost-reimbursement
3396+16 contract awarded under the Federal Acquisition
3397+17 Regulations.
3398+18 "Federal award" does not include other contracts that a
3399+19 federal agency uses to buy goods or services from a contractor
3400+20 or a contract to operate federal government owned,
3401+21 contractor-operated facilities.
3402+22 "Federal awarding agency" means the federal agency that
3403+23 provides a federal award directly to a non-federal entity.
3404+24 "Federal interest" means, for purposes of 2 CFR 200,
3405+25 Subpart D, Post Federal Award Requirements (Performance and
3406+26 Financial Monitoring and Reporting) 2 CFR 200.329 or when used
3407+
3408+
3409+
3410+
3411+
3412+ HB5601 Enrolled - 97 - LRB103 38592 MXP 68728 b
3413+
3414+
3415+HB5601 Enrolled- 98 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 98 - LRB103 38592 MXP 68728 b
3416+ HB5601 Enrolled - 98 - LRB103 38592 MXP 68728 b
3417+1 in connection with the acquisition or improvement of real
3418+2 property, equipment, or supplies under a federal award, the
3419+3 dollar amount that is the product of the federal share of total
3420+4 project costs and current fair market value of the property,
3421+5 improvements, or both, to the extent the costs of acquiring or
3422+6 improving the property were included as project costs.
3423+7 "Federal program" means any of the following:
3424+8 (1) All federal awards which are assigned a single
3425+9 number in the CFDA.
3426+10 (2) When no CFDA number is assigned, all federal
3427+11 awards to non-federal entities from the same agency made
3428+12 for the same purpose should be combined and considered one
3429+13 program.
3430+14 (3) Notwithstanding paragraphs (1) and (2) of this
3431+15 definition, a cluster of programs. The types of clusters
3432+16 of programs are:
3433+17 (A) research and development;
3434+18 (B) student financial aid; and
3435+19 (C) "other clusters", as described in the
3436+20 definition of "cluster of programs".
3437+21 "Federal share" means the portion of the total project
3438+22 costs that are paid by federal funds.
3439+23 "Final cost objective" means a cost objective which has
3440+24 allocated to it both direct and indirect costs and, in the
3441+25 non-federal entity's accumulation system, is one of the final
3442+26 accumulation points, such as a particular award, internal
3443+
3444+
3445+
3446+
3447+
3448+ HB5601 Enrolled - 98 - LRB103 38592 MXP 68728 b
3449+
3450+
3451+HB5601 Enrolled- 99 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 99 - LRB103 38592 MXP 68728 b
3452+ HB5601 Enrolled - 99 - LRB103 38592 MXP 68728 b
3453+1 project, or other direct activity of a non-federal entity.
3454+2 "Financial assistance" means the following:
3455+3 (1) For grants and cooperative agreements, "financial
3456+4 assistance" means assistance that non-federal entities
3457+5 receive or administer in the form of:
3458+6 (A) grants;
3459+7 (B) cooperative agreements;
3460+8 (C) non-cash contributions or donations of
3461+9 property, including donated surplus property;
3462+10 (D) direct appropriations;
3463+11 (E) food commodities; and
3464+12 (F) other financial assistance, except assistance
3465+13 listed in paragraph (2) of this definition.
3466+14 (2) "Financial assistance" includes assistance that
3467+15 non-federal entities receive or administer in the form of
3468+16 loans, loan guarantees, interest subsidies, and insurance.
3469+17 (3) "Financial assistance" does not include amounts
3470+18 received as reimbursement for services rendered to
3471+19 individuals.
3472+20 "Fixed amount awards" means a type of grant agreement
3473+21 under which the awarding agency or pass-through entity
3474+22 provides a specific level of support without regard to actual
3475+23 costs incurred under the award. "Fixed amount awards" reduce
3476+24 some of the administrative burden and record-keeping
3477+25 requirements for both the non-federal entity and awarding
3478+26 agency or pass-through entity. Accountability is based
3479+
3480+
3481+
3482+
3483+
3484+ HB5601 Enrolled - 99 - LRB103 38592 MXP 68728 b
3485+
3486+
3487+HB5601 Enrolled- 100 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 100 - LRB103 38592 MXP 68728 b
3488+ HB5601 Enrolled - 100 - LRB103 38592 MXP 68728 b
3489+1 primarily on performance and results.
3490+2 "Foreign public entity" means:
3491+3 (1) a foreign government or foreign governmental
3492+4 entity;
3493+5 (2) a public international organization that is
3494+6 entitled to enjoy privileges, exemptions, and immunities
3495+7 as an international organization under the International
3496+8 Organizations Immunities Act (22 U.S.C. 288-288f);
3497+9 (3) an entity owned, in whole or in part, or
3498+10 controlled by a foreign government; or
3499+11 (4) any other entity consisting wholly or partially of
3500+12 one or more foreign governments or foreign governmental
3501+13 entities.
3502+14 "Foreign organization" means an entity that is:
3503+15 (1) a public or private organization located in a
3504+16 country other than the United States and its territories
3505+17 that are subject to the laws of the country in which it is
3506+18 located, irrespective of the citizenship of project staff
3507+19 or place of performance;
3508+20 (2) a private nongovernmental organization located in
3509+21 a country other than the United States that solicits and
3510+22 receives cash contributions from the general public;
3511+23 (3) a charitable organization located in a country
3512+24 other than the United States that is nonprofit and tax
3513+25 exempt under the laws of its country of domicile and
3514+26 operation, but is not a university, college, accredited
3515+
3516+
3517+
3518+
3519+
3520+ HB5601 Enrolled - 100 - LRB103 38592 MXP 68728 b
3521+
3522+
3523+HB5601 Enrolled- 101 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 101 - LRB103 38592 MXP 68728 b
3524+ HB5601 Enrolled - 101 - LRB103 38592 MXP 68728 b
3525+1 degree-granting institution of education, private
3526+2 foundation, hospital, organization engaged exclusively in
3527+3 research or scientific activities, church, synagogue,
3528+4 mosque, or other similar entity organized primarily for
3529+5 religious purposes; or
3530+6 (4) an organization located in a country other than
3531+7 the United States not recognized as a Foreign Public
3532+8 Entity.
3533+9 "Generally Accepted Accounting Principles" has the meaning
3534+10 provided in accounting standards issued by the Government
3535+11 Accounting Standards Board and the Financial Accounting
3536+12 Standards Board.
3537+13 "Generally Accepted Government Auditing Standards" means
3538+14 generally accepted government auditing standards issued by the
3539+15 Comptroller General of the United States that are applicable
3540+16 to financial audits.
3541+17 "Grant agreement" means a legal instrument of financial
3542+18 assistance between an awarding agency or pass-through entity
3543+19 and a non-federal entity that:
3544+20 (1) is used to enter into a relationship, the
3545+21 principal purpose of which is to transfer anything of
3546+22 value from the awarding agency or pass-through entity to
3547+23 the non-federal entity to carry out a public purpose
3548+24 authorized by law and not to acquire property or services
3549+25 for the awarding agency or pass-through entity's direct
3550+26 benefit or use; and
3551+
3552+
3553+
3554+
3555+
3556+ HB5601 Enrolled - 101 - LRB103 38592 MXP 68728 b
3557+
3558+
3559+HB5601 Enrolled- 102 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 102 - LRB103 38592 MXP 68728 b
3560+ HB5601 Enrolled - 102 - LRB103 38592 MXP 68728 b
3561+1 (2) is distinguished from a cooperative agreement in
3562+2 that it does not provide for substantial involvement
3563+3 between the awarding agency or pass-through entity and the
3564+4 non-federal entity in carrying out the activity
3565+5 contemplated by the award.
3566+6 "Grant agreement" does not include an agreement that
3567+7 provides only direct cash assistance to an individual, a
3568+8 subsidy, a loan, a loan guarantee, or insurance.
3569+9 "Grant application" means a specified form that is
3570+10 completed by a non-federal entity in connection with a request
3571+11 for a specific funding opportunity or a request for financial
3572+12 support of a project or activity.
3573+13 "Hospital" means a facility licensed as a hospital under
3574+14 the law of any state or a facility operated as a hospital by
3575+15 the United States, a state, or a subdivision of a state.
3576+16 "Illinois Debarred and Suspended List" means the list
3577+17 maintained by the Governor's Office of Management and Budget
3578+18 that contains the names of those individuals and entities that
3579+19 are ineligible, either temporarily or permanently, from
3580+20 receiving an award of grant funds from the State.
3581+21 "Indirect cost" means those costs incurred for a common or
3582+22 joint purpose benefitting more than one cost objective and not
3583+23 readily assignable to the cost objectives specifically
3584+24 benefitted without effort disproportionate to the results
3585+25 achieved.
3586+26 "Inspector General" means the Office of the Executive
3587+
3588+
3589+
3590+
3591+
3592+ HB5601 Enrolled - 102 - LRB103 38592 MXP 68728 b
3593+
3594+
3595+HB5601 Enrolled- 103 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 103 - LRB103 38592 MXP 68728 b
3596+ HB5601 Enrolled - 103 - LRB103 38592 MXP 68728 b
3597+1 Inspector General for Executive branch agencies.
3598+2 "Loan" means a State or federal loan or loan guarantee
3599+3 received or administered by a non-federal entity. "Loan" does
3600+4 not include a "program income" as defined in 2 CFR 200, Subpart
3601+5 A, Acronyms and Definitions 2 CFR 200.80.
3602+6 "Loan guarantee" means any State or federal government
3603+7 guarantee, insurance, or other pledge with respect to the
3604+8 payment of all or a part of the principal or interest on any
3605+9 debt obligation of a non-federal borrower to a non-federal
3606+10 lender, but does not include the insurance of deposits,
3607+11 shares, or other withdrawable accounts in financial
3608+12 institutions.
3609+13 "Local government" has the meaning provided for the term
3610+14 "units of local government" under Section 1 of Article VII of
3611+15 the Illinois Constitution and includes school districts.
3612+16 "Major program" means a federal program determined by the
3613+17 auditor to be a major program in accordance with 2 CFR 200.518
3614+18 or a program identified as a major program by a federal
3615+19 awarding agency or pass-through entity in accordance with 2
3616+20 CFR 200.503(e).
3617+21 "Non-federal entity" means a state, local government,
3618+22 Indian tribe, institution of higher education, or
3619+23 organization, whether nonprofit or for-profit, that carries
3620+24 out a State or federal award as a recipient or subrecipient.
3621+25 "Nonprofit organization" means any corporation, trust,
3622+26 association, cooperative, or other organization, not including
3623+
3624+
3625+
3626+
3627+
3628+ HB5601 Enrolled - 103 - LRB103 38592 MXP 68728 b
3629+
3630+
3631+HB5601 Enrolled- 104 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 104 - LRB103 38592 MXP 68728 b
3632+ HB5601 Enrolled - 104 - LRB103 38592 MXP 68728 b
3633+1 institutions of higher education, that:
3634+2 (1) is operated primarily for scientific, educational,
3635+3 service, charitable, or similar purposes in the public
3636+4 interest;
3637+5 (2) is not organized primarily for profit; and
3638+6 (3) uses net proceeds to maintain, improve, or expand
3639+7 the operations of the organization.
3640+8 "Obligations", when used in connection with a non-federal
3641+9 entity's utilization of funds under an award, means orders
3642+10 placed for property and services, contracts and subawards
3643+11 made, and similar transactions during a given period that
3644+12 require payment by the non-federal entity during the same or a
3645+13 future period.
3646+14 "Office of Management and Budget" means the Office of
3647+15 Management and Budget of the Executive Office of the
3648+16 President.
3649+17 "Other clusters" has the meaning provided by the federal
3650+18 Office of Management and Budget in the compliance supplement
3651+19 or has the meaning as it is designated by a state for federal
3652+20 awards the state provides to its subrecipients that meet the
3653+21 definition of a cluster of programs. When designating an
3654+22 "other cluster", a state must identify the federal awards
3655+23 included in the cluster and advise the subrecipients of
3656+24 compliance requirements applicable to the cluster.
3657+25 "Oversight agency for audit" means the federal awarding
3658+26 agency that provides the predominant amount of funding
3659+
3660+
3661+
3662+
3663+
3664+ HB5601 Enrolled - 104 - LRB103 38592 MXP 68728 b
3665+
3666+
3667+HB5601 Enrolled- 105 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 105 - LRB103 38592 MXP 68728 b
3668+ HB5601 Enrolled - 105 - LRB103 38592 MXP 68728 b
3669+1 directly to a non-federal entity not assigned a cognizant
3670+2 agency for audit. When there is no direct funding, the
3671+3 awarding agency that is the predominant source of pass-through
3672+4 funding must assume the oversight responsibilities. The duties
3673+5 of the oversight agency for audit and the process for any
3674+6 reassignments are described in 2 CFR 200.513(b).
3675+7 "Pass-through entity" means a non-federal entity that
3676+8 provides a subaward to a subrecipient to carry out part of a
3677+9 program.
3678+10 "Private award" means an award from a person or entity
3679+11 other than a State or federal entity. Private awards are not
3680+12 subject to the provisions of this Act.
3681+13 "Property" means real property or personal property.
3682+14 "Project cost" means total allowable costs incurred under
3683+15 an award and all required cost sharing and voluntary committed
3684+16 cost sharing, including third-party contributions.
3685+17 "Public institutions of higher education" has the meaning
3686+18 provided in Section 1 of the Board of Higher Education Act.
3687+19 "Recipient" means a non-federal entity that receives an
3688+20 award directly from an awarding agency to carry out an
3689+21 activity under a program. "Recipient" does not include
3690+22 subrecipients.
3691+23 "Research and Development" means all research activities,
3692+24 both basic and applied, and all development activities that
3693+25 are performed by non-federal entities.
3694+26 "Single Audit Act" means the federal Single Audit Act
3695+
3696+
3697+
3698+
3699+
3700+ HB5601 Enrolled - 105 - LRB103 38592 MXP 68728 b
3701+
3702+
3703+HB5601 Enrolled- 106 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 106 - LRB103 38592 MXP 68728 b
3704+ HB5601 Enrolled - 106 - LRB103 38592 MXP 68728 b
3705+1 Amendments of 1996 (31 U.S.C. 7501-7507).
3706+2 "State agency" means an Executive branch agency. For
3707+3 purposes of this Act, "State agency" does not include public
3708+4 institutions of higher education.
3709+5 "State award" means the financial assistance that a
3710+6 non-federal entity receives from the State and that is funded
3711+7 with either State funds or federal funds; in the latter case,
3712+8 the State is acting as a pass-through entity.
3713+9 "State awarding agency" means a State agency that provides
3714+10 an award to a non-federal entity.
3715+11 "State grant-making agency" has the same meaning as "State
3716+12 awarding agency".
3717+13 "State interest" means the acquisition or improvement of
3718+14 real property, equipment, or supplies under a State award, the
3719+15 dollar amount that is the product of the State share of the
3720+16 total project costs and current fair market value of the
3721+17 property, improvements, or both, to the extent the costs of
3722+18 acquiring or improving the property were included as project
3723+19 costs.
3724+20 "State program" means any of the following:
3725+21 (1) All State awards which are assigned a single
3726+22 number in the Catalog of State Financial Assistance.
3727+23 (2) When no Catalog of State Financial Assistance
3728+24 number is assigned, all State awards to non-federal
3729+25 entities from the same agency made for the same purpose
3730+26 are considered one program.
3731+
3732+
3733+
3734+
3735+
3736+ HB5601 Enrolled - 106 - LRB103 38592 MXP 68728 b
3737+
3738+
3739+HB5601 Enrolled- 107 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 107 - LRB103 38592 MXP 68728 b
3740+ HB5601 Enrolled - 107 - LRB103 38592 MXP 68728 b
3741+1 (3) A cluster of programs as defined in this Section.
3742+2 "State share" means the portion of the total project costs
3743+3 that are paid by State funds.
3744+4 "Stop payment order" means a communication from a State
3745+5 grant-making agency to the Office of the Comptroller,
3746+6 following procedures set out by the Office of the Comptroller,
3747+7 causing the cessation of payments to a recipient or
3748+8 subrecipient as a result of the recipient's or subrecipient's
3749+9 failure to comply with one or more terms of the grant or
3750+10 subaward.
3751+11 "Stop payment procedure" means the procedure created by
3752+12 the Office of the Comptroller which effects a stop payment
3753+13 order and the lifting of a stop payment order upon the request
3754+14 of the State grant-making agency.
3755+15 "Student Financial Aid" means federal awards under those
3756+16 programs of general student assistance, such as those
3757+17 authorized by Title IV of the Higher Education Act of 1965, as
3758+18 amended (20 U.S.C. 1070-1099d), that are administered by the
3759+19 United States Department of Education and similar programs
3760+20 provided by other federal agencies. "Student Financial Aid"
3761+21 does not include federal awards under programs that provide
3762+22 fellowships or similar federal awards to students on a
3763+23 competitive basis or for specified studies or research.
3764+24 "Subaward" means a State or federal award provided by a
3765+25 pass-through entity to a subrecipient for the subrecipient to
3766+26 carry out part of a federal award received by the pass-through
3767+
3768+
3769+
3770+
3771+
3772+ HB5601 Enrolled - 107 - LRB103 38592 MXP 68728 b
3773+
3774+
3775+HB5601 Enrolled- 108 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 108 - LRB103 38592 MXP 68728 b
3776+ HB5601 Enrolled - 108 - LRB103 38592 MXP 68728 b
3777+1 entity. "Subaward" does not include payments to a contractor
3778+2 or payments to an individual that is a beneficiary of a federal
3779+3 program. A "subaward" may be provided through any form of
3780+4 legal agreement, including an agreement that the pass-through
3781+5 entity considers a contract.
3782+6 "Subrecipient" means a non-federal entity that receives a
3783+7 State or federal subaward from a pass-through entity to carry
3784+8 out part of a federal program. "Subrecipient" does not include
3785+9 an individual that is a beneficiary of such program. A
3786+10 "subrecipient" may also be a recipient of other State or
3787+11 federal awards directly from a State or federal awarding
3788+12 agency.
3789+13 "Suspension" means a post-award action by the State or
3790+14 federal agency or pass-through entity that temporarily
3791+15 withdraws the State or federal agency's or pass-through
3792+16 entity's financial assistance sponsorship under an award,
3793+17 pending corrective action by the recipient or subrecipient or
3794+18 pending a decision to terminate the award.
3795+19 "Uniform Administrative Requirements, Costs Principles,
3796+20 and Audit Requirements for Federal Awards" means those rules
3797+21 applicable to grants contained in 2 CFR 200.
3798+22 "Voluntary committed cost sharing" means cost sharing
3799+23 specifically pledged on a voluntary basis in the proposal's
3800+24 budget or the award on the part of the non-federal entity and
3801+25 that becomes a binding requirement of the award.
3802+26 (Source: P.A. 100-997, eff. 8-20-18.)
3803+
3804+
3805+
3806+
3807+
3808+ HB5601 Enrolled - 108 - LRB103 38592 MXP 68728 b
3809+
3810+
3811+HB5601 Enrolled- 109 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 109 - LRB103 38592 MXP 68728 b
3812+ HB5601 Enrolled - 109 - LRB103 38592 MXP 68728 b
3813+1 (30 ILCS 708/45)
3814+2 Sec. 45. Applicability.
3815+3 (a) Except as otherwise provided in this Section, the
3816+4 requirements established under this Act apply to State
3817+5 grant-making agencies that make State and federal pass-through
3818+6 awards to non-federal entities. These requirements apply to
3819+7 all costs related to State and federal pass-through awards.
3820+8 The requirements established under this Act do not apply to
3821+9 private awards, to allocations of State revenues paid over by
3822+10 the Comptroller to units of local government and other taxing
3823+11 districts pursuant to the State Revenue Sharing Act from the
3824+12 Local Government Distributive Fund or the Personal Property
3825+13 Tax Replacement Fund, to allotments of State motor fuel tax
3826+14 revenues distributed by the Department of Transportation to
3827+15 units of local government pursuant to the Motor Fuel Tax Law
3828+16 from the Motor Fuel Tax Fund or the Transportation Renewal
3829+17 Fund, or to awards, including capital appropriated funds, made
3830+18 by the Department of Transportation to units of local
3831+19 government for the purposes of transportation projects
3832+20 utilizing State funds, federal funds, or both State and
3833+21 federal funds. This Act shall recognize that federal and
3834+22 federal pass-through awards from the Department of
3835+23 Transportation to units of local government are governed by
3836+24 and must comply with federal guidelines under 2 CFR Part 200.
3837+25 The changes made by this amendatory Act of the 102nd
3838+
3839+
3840+
3841+
3842+
3843+ HB5601 Enrolled - 109 - LRB103 38592 MXP 68728 b
3844+
3845+
3846+HB5601 Enrolled- 110 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 110 - LRB103 38592 MXP 68728 b
3847+ HB5601 Enrolled - 110 - LRB103 38592 MXP 68728 b
3848+1 General Assembly apply to pending actions as well as actions
3849+2 commenced on or after the effective date of this amendatory
3850+3 Act of the 102nd General Assembly.
3851+4 (a-5) Nothing in this Act shall prohibit the use of State
3852+5 funds for purposes of federal match or maintenance of effort.
3853+6 (b) The terms and conditions of State, federal, and
3854+7 pass-through awards apply to subawards and subrecipients
3855+8 unless a particular Section of this Act or the terms and
3856+9 conditions of the State or federal award specifically indicate
3857+10 otherwise. Non-federal entities shall comply with requirements
3858+11 of this Act regardless of whether the non-federal entity is a
3859+12 recipient or subrecipient of a State or federal pass-through
3860+13 award. Pass-through entities shall comply with the
3861+14 requirements set forth under the rules adopted under
3862+15 subsection (a) of Section 20 of this Act, but not to any
3863+16 requirements in this Act directed towards State or federal
3864+17 awarding agencies, unless the requirements of the State or
3865+18 federal awards indicate otherwise.
3866+19 When a non-federal entity is awarded a cost-reimbursement
3867+20 contract, only 2 CFR 200, Subpart D, Post Federal Award
3868+21 Requirements (Subrecipient Monitoring and Management) 2 CFR
3869+22 200.330 through 200.332 are incorporated by reference into the
3870+23 contract. However, when the Cost Accounting Standards are
3871+24 applicable to the contract, they take precedence over the
3872+25 requirements of this Act unless they are in conflict with
3873+26 Subpart F of 2 CFR 200. In addition, costs that are made
3874+
3875+
3876+
3877+
3878+
3879+ HB5601 Enrolled - 110 - LRB103 38592 MXP 68728 b
3880+
3881+
3882+HB5601 Enrolled- 111 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 111 - LRB103 38592 MXP 68728 b
3883+ HB5601 Enrolled - 111 - LRB103 38592 MXP 68728 b
3884+1 unallowable under 10 U.S.C. 2324(e) and 41 U.S.C. 4304(a), as
3885+2 described in the Federal Acquisition Regulations, subpart 31.2
3886+3 and subpart 31.603, are always unallowable. For requirements
3887+4 other than those covered in Subpart D of 2 CFR 200, Subpart D,
3888+5 Post Federal Award Requirements(Subrecipient Monitoring and
3889+6 Management) 2 CFR 200.330 through 200.332, the terms of the
3890+7 contract and the Federal Acquisition Regulations apply.
3891+8 With the exception of Subpart F of 2 CFR 200, which is
3892+9 required by the Single Audit Act, in any circumstances where
3893+10 the provisions of federal statutes or regulations differ from
3894+11 the provisions of this Act, the provision of the federal
3895+12 statutes or regulations govern. This includes, for agreements
3896+13 with Indian tribes, the provisions of the Indian
3897+14 Self-Determination and Education and Assistance Act, as
3898+15 amended, 25 U.S.C. 450-458ddd-2.
3899+16 (c) State grant-making agencies may apply subparts A
3900+17 through E of 2 CFR 200 to for-profit entities, foreign public
3901+18 entities, or foreign organizations, except where the awarding
3902+19 agency determines that the application of these subparts would
3903+20 be inconsistent with the international obligations of the
3904+21 United States or the statute or regulations of a foreign
3905+22 government.
3906+23 (d) 2 CFR 200.101 specifies how 2 CFR 200 is applicable to
3907+24 different types of awards. The same applicability applies to
3908+25 this Act.
3909+26 (e) (Blank).
3910+
3911+
3912+
3913+
3914+
3915+ HB5601 Enrolled - 111 - LRB103 38592 MXP 68728 b
3916+
3917+
3918+HB5601 Enrolled- 112 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 112 - LRB103 38592 MXP 68728 b
3919+ HB5601 Enrolled - 112 - LRB103 38592 MXP 68728 b
3920+1 (f) For public institutions of higher education, the
3921+2 provisions of this Act apply only to awards funded by federal
3922+3 pass-through awards from a State agency to public institutions
3923+4 of higher education. This Act shall recognize provisions in 2
3924+5 CFR 200 as applicable to public institutions of higher
3925+6 education, including Appendix III of Part 200 and the cost
3926+7 principles under Subpart E.
3927+8 (g) Each grant-making agency shall enhance its processes
3928+9 to monitor and address noncompliance with reporting
3929+10 requirements and with program performance standards. Where
3930+11 applicable, the process may include a corrective action plan.
3931+12 The monitoring process shall include a plan for tracking and
3932+13 documenting performance-based contracting decisions.
3933+14 (h) Notwithstanding any provision of law to the contrary,
3934+15 grants awarded from federal funds received from the federal
3935+16 Coronavirus State Fiscal Recovery Fund in accordance with
3936+17 Section 9901 of the American Rescue Plan Act of 2021 are
3937+18 subject to the provisions of this Act, but only to the extent
3938+19 required by Section 9901 of the American Rescue Plan Act of
3939+20 2021 and other applicable federal law or regulation.
3940+21 (Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21;
3941+22 102-626, eff. 8-27-21; 102-813, eff. 5-13-22; 102-1092, eff.
3942+23 6-10-22.)
3943+24 Section 10-50. The Illinois State University Law is
3944+25 amended by changing Section 20-170 as follows:
3945+
3946+
3947+
3948+
3949+
3950+ HB5601 Enrolled - 112 - LRB103 38592 MXP 68728 b
3951+
3952+
3953+HB5601 Enrolled- 113 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 113 - LRB103 38592 MXP 68728 b
3954+ HB5601 Enrolled - 113 - LRB103 38592 MXP 68728 b
3955+1 (110 ILCS 675/20-170)
3956+2 Sec. 20-170. Administrator and faculty salary and
3957+3 benefits; report. The Board of Trustees shall report to the
3958+4 Board of Higher Education, on or before August July 1 of each
3959+5 year, the base salary and benefits of the president of the
3960+6 university and all administrators, faculty members, and
3961+7 instructors employed by the university from the prior fiscal
3962+8 year. For the purposes of this Section, "benefits" includes
3963+9 without limitation vacation days, sick days, bonuses,
3964+10 annuities, and retirement enhancements.
3965+11 (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
3966+12 Section 10-55. The University of Illinois Act is amended
3967+13 by changing Section 70 as follows:
3968+14 (110 ILCS 305/70)
3969+15 Sec. 70. Administrator and faculty salary and benefits;
3970+16 report. The Board of Trustees shall report to the Board of
3971+17 Higher Education, on or before August July 1 of each year, the
3972+18 base salary and benefits of the president of the university
3973+19 and all administrators, faculty members, and instructors
3974+20 employed by the university from the prior fiscal year. For the
3975+21 purposes of this Section, "benefits" includes without
3976+22 limitation vacation days, sick days, bonuses, annuities, and
3977+23 retirement enhancements.
3978+
3979+
3980+
3981+
3982+
3983+ HB5601 Enrolled - 113 - LRB103 38592 MXP 68728 b
3984+
3985+
3986+HB5601 Enrolled- 114 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 114 - LRB103 38592 MXP 68728 b
3987+ HB5601 Enrolled - 114 - LRB103 38592 MXP 68728 b
3988+1 (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
3989+2 Section 10-60. The Southern Illinois University Management
3990+3 Act is amended by changing Section 55 as follows:
3991+4 (110 ILCS 520/55)
3992+5 Sec. 55. Administrator and faculty salary and benefits;
3993+6 report. The Board of Trustees shall report to the Board of
3994+7 Higher Education, on or before August July 1 of each year, the
3995+8 base salary and benefits of the president of the university
3996+9 and all administrators, faculty members, and instructors
3997+10 employed by the university from the prior fiscal year. For the
3998+11 purposes of this Section, "benefits" includes without
3999+12 limitation vacation days, sick days, bonuses, annuities, and
4000+13 retirement enhancements.
4001+14 (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
4002+15 Section 10-65. The Chicago State University Law is amended
4003+16 by changing Section 5-165 as follows:
4004+17 (110 ILCS 660/5-165)
4005+18 Sec. 5-165. Administrator and faculty salary and benefits;
4006+19 report. The Board of Trustees shall report to the Board of
4007+20 Higher Education, on or before August July 1 of each year, the
4008+21 base salary and benefits of the president of the university
4009+22 and all administrators, faculty members, and instructors
4010+
4011+
4012+
4013+
4014+
4015+ HB5601 Enrolled - 114 - LRB103 38592 MXP 68728 b
4016+
4017+
4018+HB5601 Enrolled- 115 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 115 - LRB103 38592 MXP 68728 b
4019+ HB5601 Enrolled - 115 - LRB103 38592 MXP 68728 b
4020+1 employed by the university from the prior fiscal year. For the
4021+2 purposes of this Section, "benefits" includes without
4022+3 limitation vacation days, sick days, bonuses, annuities, and
4023+4 retirement enhancements.
4024+5 (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
4025+6 Section 10-70. The Eastern Illinois University Law is
4026+7 amended by changing Section 10-165 as follows:
4027+8 (110 ILCS 665/10-165)
4028+9 Sec. 10-165. Administrator and faculty salary and
4029+10 benefits; report. The Board of Trustees shall report to the
4030+11 Board of Higher Education, on or before August July 1 of each
4031+12 year, the base salary and benefits of the president of the
4032+13 university and all administrators, faculty members, and
4033+14 instructors employed by the university from the prior fiscal
4034+15 year. For the purposes of this Section, "benefits" includes
4035+16 without limitation vacation days, sick days, bonuses,
4036+17 annuities, and retirement enhancements.
4037+18 (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
4038+19 Section 10-75. The Governors State University Law is
4039+20 amended by changing Section 15-165 as follows:
4040+21 (110 ILCS 670/15-165)
4041+22 Sec. 15-165. Administrator and faculty salary and
4042+
4043+
4044+
4045+
4046+
4047+ HB5601 Enrolled - 115 - LRB103 38592 MXP 68728 b
4048+
4049+
4050+HB5601 Enrolled- 116 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 116 - LRB103 38592 MXP 68728 b
4051+ HB5601 Enrolled - 116 - LRB103 38592 MXP 68728 b
4052+1 benefits; report. The Board of Trustees shall report to the
4053+2 Board of Higher Education, on or before August July 1 of each
4054+3 year, the base salary and benefits of the president of the
4055+4 university and all administrators, faculty members, and
4056+5 instructors employed by the university from the prior fiscal
4057+6 year. For the purposes of this Section, "benefits" includes
4058+7 without limitation vacation days, sick days, bonuses,
4059+8 annuities, and retirement enhancements.
4060+9 (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
4061+10 Section 10-80. The Northeastern Illinois University Law is
4062+11 amended by changing Section 25-165 as follows:
4063+12 (110 ILCS 680/25-165)
4064+13 Sec. 25-165. Administrator and faculty salary and
4065+14 benefits; report. The Board of Trustees shall report to the
4066+15 Board of Higher Education, on or before August July 1 of each
4067+16 year, the base salary and benefits of the president of the
4068+17 university and all administrators, faculty members, and
4069+18 instructors employed by the university from the prior fiscal
4070+19 year. For the purposes of this Section, "benefits" includes
4071+20 without limitation vacation days, sick days, bonuses,
4072+21 annuities, and retirement enhancements.
4073+22 (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
4074+23 Section 10-85. The Northern Illinois University Law is
4075+
4076+
4077+
4078+
4079+
4080+ HB5601 Enrolled - 116 - LRB103 38592 MXP 68728 b
4081+
4082+
4083+HB5601 Enrolled- 117 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 117 - LRB103 38592 MXP 68728 b
4084+ HB5601 Enrolled - 117 - LRB103 38592 MXP 68728 b
4085+1 amended by changing Section 30-175 as follows:
4086+2 (110 ILCS 685/30-175)
4087+3 Sec. 30-175. Administrator and faculty salary and
4088+4 benefits; report. The Board of Trustees shall report to the
4089+5 Board of Higher Education, on or before August July 1 of each
4090+6 year, the base salary and benefits of the president of the
4091+7 university and all administrators, faculty members, and
4092+8 instructors employed by the university from the prior fiscal
4093+9 year. For the purposes of this Section, "benefits" includes
4094+10 without limitation vacation days, sick days, bonuses,
4095+11 annuities, and retirement enhancements.
4096+12 (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
4097+13 Section 10-90. The Western Illinois University Law is
4098+14 amended by changing Section 35-170 as follows:
4099+15 (110 ILCS 690/35-170)
4100+16 Sec. 35-170. Administrator and faculty salary and
4101+17 benefits; report. The Board of Trustees shall report to the
4102+18 Board of Higher Education, on or before August July 1 of each
4103+19 year, the base salary and benefits of the president of the
4104+20 university and all administrators, faculty members, and
4105+21 instructors employed by the university from the prior fiscal
4106+22 year. For the purposes of this Section, "benefits" includes
4107+23 without limitation vacation days, sick days, bonuses,
4108+
4109+
4110+
4111+
4112+
4113+ HB5601 Enrolled - 117 - LRB103 38592 MXP 68728 b
4114+
4115+
4116+HB5601 Enrolled- 118 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 118 - LRB103 38592 MXP 68728 b
4117+ HB5601 Enrolled - 118 - LRB103 38592 MXP 68728 b
4118+1 annuities, and retirement enhancements.
4119+2 (Source: P.A. 96-266, eff. 1-1-10; 96-1000, eff. 7-2-10.)
4120+3 Article 15.
4121+4 Section 15-5. The Statute on Statutes is amended by
4122+5 changing Section 1.33 as follows:
4123+6 (5 ILCS 70/1.33) (from Ch. 1, par. 1034)
4124+7 Sec. 1.33. Whenever there is a reference in any Act to the
4125+8 Capital Development Bond Act of 1972, Transportation Bond Act,
4126+9 School Construction Bond Act, Anti-Pollution Bond Act or the
4127+10 Illinois Coal and Energy Development Bond Act, such reference
4128+11 shall be interpreted to include the General Obligation Bond
4129+12 Act.
4130+13 (Source: P.A. 83-1490.)
4131+14 Section 15-10. The State Finance Act is amended by
4132+15 changing Sections 8.3 and 8.25 as follows:
4133+16 (30 ILCS 105/8.3)
4134+17 Sec. 8.3. Money in the Road Fund shall, if and when the
4135+18 State of Illinois incurs any bonded indebtedness for the
4136+19 construction of permanent highways, be set aside and used for
4137+20 the purpose of paying and discharging annually the principal
4138+21 and interest on that bonded indebtedness then due and payable,
4139+
4140+
4141+
4142+
4143+
4144+ HB5601 Enrolled - 118 - LRB103 38592 MXP 68728 b
4145+
4146+
4147+HB5601 Enrolled- 119 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 119 - LRB103 38592 MXP 68728 b
4148+ HB5601 Enrolled - 119 - LRB103 38592 MXP 68728 b
4149+1 and for no other purpose. The surplus, if any, in the Road Fund
4150+2 after the payment of principal and interest on that bonded
4151+3 indebtedness then annually due shall be used as follows:
4152+4 first -- to pay the cost of administration of Chapters
4153+5 2 through 10 of the Illinois Vehicle Code, except the cost
4154+6 of administration of Articles I and II of Chapter 3 of that
4155+7 Code, and to pay the costs of the Executive Ethics
4156+8 Commission for oversight and administration of the Chief
4157+9 Procurement Officer appointed under paragraph (2) of
4158+10 subsection (a) of Section 10-20 of the Illinois
4159+11 Procurement Code for transportation; and
4160+12 secondly -- for expenses of the Department of
4161+13 Transportation for construction, reconstruction,
4162+14 improvement, repair, maintenance, operation, and
4163+15 administration of highways in accordance with the
4164+16 provisions of laws relating thereto, or for any purpose
4165+17 related or incident to and connected therewith, including
4166+18 the separation of grades of those highways with railroads
4167+19 and with highways and including the payment of awards made
4168+20 by the Illinois Workers' Compensation Commission under the
4169+21 terms of the Workers' Compensation Act or Workers'
4170+22 Occupational Diseases Act for injury or death of an
4171+23 employee of the Division of Highways in the Department of
4172+24 Transportation; or for the acquisition of land and the
4173+25 erection of buildings for highway purposes, including the
4174+26 acquisition of highway right-of-way or for investigations
4175+
4176+
4177+
4178+
4179+
4180+ HB5601 Enrolled - 119 - LRB103 38592 MXP 68728 b
4181+
4182+
4183+HB5601 Enrolled- 120 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 120 - LRB103 38592 MXP 68728 b
4184+ HB5601 Enrolled - 120 - LRB103 38592 MXP 68728 b
4185+1 to determine the reasonably anticipated future highway
4186+2 needs; or for making of surveys, plans, specifications and
4187+3 estimates for and in the construction and maintenance of
4188+4 flight strips and of highways necessary to provide access
4189+5 to military and naval reservations, to defense industries
4190+6 and defense-industry sites, and to the sources of raw
4191+7 materials and for replacing existing highways and highway
4192+8 connections shut off from general public use at military
4193+9 and naval reservations and defense-industry sites, or for
4194+10 the purchase of right-of-way, except that the State shall
4195+11 be reimbursed in full for any expense incurred in building
4196+12 the flight strips; or for the operating and maintaining of
4197+13 highway garages; or for patrolling and policing the public
4198+14 highways and conserving the peace; or for the operating
4199+15 expenses of the Department relating to the administration
4200+16 of public transportation programs; or, during fiscal year
4201+17 2023, for the purposes of a grant not to exceed $8,394,800
4202+18 to the Regional Transportation Authority on behalf of PACE
4203+19 for the purpose of ADA/Para-transit expenses; or, during
4204+20 fiscal year 2024, for the purposes of a grant not to exceed
4205+21 $9,108,400 to the Regional Transportation Authority on
4206+22 behalf of PACE for the purpose of ADA/Para-transit
4207+23 expenses; or for any of those purposes or any other
4208+24 purpose that may be provided by law.
4209+25 Appropriations for any of those purposes are payable from
4210+26 the Road Fund. Appropriations may also be made from the Road
4211+
4212+
4213+
4214+
4215+
4216+ HB5601 Enrolled - 120 - LRB103 38592 MXP 68728 b
4217+
4218+
4219+HB5601 Enrolled- 121 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 121 - LRB103 38592 MXP 68728 b
4220+ HB5601 Enrolled - 121 - LRB103 38592 MXP 68728 b
4221+1 Fund for the administrative expenses of any State agency that
4222+2 are related to motor vehicles or arise from the use of motor
4223+3 vehicles.
4224+4 Beginning with fiscal year 1980 and thereafter, no Road
4225+5 Fund monies shall be appropriated to the following Departments
4226+6 or agencies of State government for administration, grants, or
4227+7 operations; but this limitation is not a restriction upon
4228+8 appropriating for those purposes any Road Fund monies that are
4229+9 eligible for federal reimbursement:
4230+10 1. Department of Public Health;
4231+11 2. Department of Transportation, only with respect to
4232+12 subsidies for one-half fare Student Transportation and
4233+13 Reduced Fare for Elderly, except fiscal year 2023 when no
4234+14 more than $17,570,000 may be expended and except fiscal
4235+15 year 2024 when no more than $19,063,500 may be expended;
4236+16 3. Department of Central Management Services, except
4237+17 for expenditures incurred for group insurance premiums of
4238+18 appropriate personnel;
4239+19 4. Judicial Systems and Agencies.
4240+20 Beginning with fiscal year 1981 and thereafter, no Road
4241+21 Fund monies shall be appropriated to the following Departments
4242+22 or agencies of State government for administration, grants, or
4243+23 operations; but this limitation is not a restriction upon
4244+24 appropriating for those purposes any Road Fund monies that are
4245+25 eligible for federal reimbursement:
4246+26 1. Illinois State Police, except for expenditures with
4247+
4248+
4249+
4250+
4251+
4252+ HB5601 Enrolled - 121 - LRB103 38592 MXP 68728 b
4253+
4254+
4255+HB5601 Enrolled- 122 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 122 - LRB103 38592 MXP 68728 b
4256+ HB5601 Enrolled - 122 - LRB103 38592 MXP 68728 b
4257+1 respect to the Division of Patrol and Division of Criminal
4258+2 Investigation;
4259+3 2. Department of Transportation, only with respect to
4260+4 Intercity Rail Subsidies, except fiscal year 2023 when no
4261+5 more than $55,000,000 may be expended and except fiscal
4262+6 year 2024 when no more than $60,000,000 may be expended,
4263+7 and Rail Freight Services.
4264+8 Beginning with fiscal year 1982 and thereafter, no Road
4265+9 Fund monies shall be appropriated to the following Departments
4266+10 or agencies of State government for administration, grants, or
4267+11 operations; but this limitation is not a restriction upon
4268+12 appropriating for those purposes any Road Fund monies that are
4269+13 eligible for federal reimbursement: Department of Central
4270+14 Management Services, except for awards made by the Illinois
4271+15 Workers' Compensation Commission under the terms of the
4272+16 Workers' Compensation Act or Workers' Occupational Diseases
4273+17 Act for injury or death of an employee of the Division of
4274+18 Highways in the Department of Transportation.
4275+19 Beginning with fiscal year 1984 and thereafter, no Road
4276+20 Fund monies shall be appropriated to the following Departments
4277+21 or agencies of State government for administration, grants, or
4278+22 operations; but this limitation is not a restriction upon
4279+23 appropriating for those purposes any Road Fund monies that are
4280+24 eligible for federal reimbursement:
4281+25 1. Illinois State Police, except not more than 40% of
4282+26 the funds appropriated for the Division of Patrol and
4283+
4284+
4285+
4286+
4287+
4288+ HB5601 Enrolled - 122 - LRB103 38592 MXP 68728 b
4289+
4290+
4291+HB5601 Enrolled- 123 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 123 - LRB103 38592 MXP 68728 b
4292+ HB5601 Enrolled - 123 - LRB103 38592 MXP 68728 b
4293+1 Division of Criminal Investigation;
4294+2 2. State Officers.
4295+3 Beginning with fiscal year 1984 and thereafter, no Road
4296+4 Fund monies shall be appropriated to any Department or agency
4297+5 of State government for administration, grants, or operations
4298+6 except as provided hereafter; but this limitation is not a
4299+7 restriction upon appropriating for those purposes any Road
4300+8 Fund monies that are eligible for federal reimbursement. It
4301+9 shall not be lawful to circumvent the above appropriation
4302+10 limitations by governmental reorganization or other methods.
4303+11 Appropriations shall be made from the Road Fund only in
4304+12 accordance with the provisions of this Section.
4305+13 Money in the Road Fund shall, if and when the State of
4306+14 Illinois incurs any bonded indebtedness for the construction
4307+15 of permanent highways, be set aside and used for the purpose of
4308+16 paying and discharging during each fiscal year the principal
4309+17 and interest on that bonded indebtedness as it becomes due and
4310+18 payable as provided in the General Obligation Bond Act
4311+19 Transportation Bond Act, and for no other purpose. The
4312+20 surplus, if any, in the Road Fund after the payment of
4313+21 principal and interest on that bonded indebtedness then
4314+22 annually due shall be used as follows:
4315+23 first -- to pay the cost of administration of Chapters
4316+24 2 through 10 of the Illinois Vehicle Code; and
4317+25 secondly -- no Road Fund monies derived from fees,
4318+26 excises, or license taxes relating to registration,
4319+
4320+
4321+
4322+
4323+
4324+ HB5601 Enrolled - 123 - LRB103 38592 MXP 68728 b
4325+
4326+
4327+HB5601 Enrolled- 124 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 124 - LRB103 38592 MXP 68728 b
4328+ HB5601 Enrolled - 124 - LRB103 38592 MXP 68728 b
4329+1 operation and use of vehicles on public highways or to
4330+2 fuels used for the propulsion of those vehicles, shall be
4331+3 appropriated or expended other than for costs of
4332+4 administering the laws imposing those fees, excises, and
4333+5 license taxes, statutory refunds and adjustments allowed
4334+6 thereunder, administrative costs of the Department of
4335+7 Transportation, including, but not limited to, the
4336+8 operating expenses of the Department relating to the
4337+9 administration of public transportation programs, payment
4338+10 of debts and liabilities incurred in construction and
4339+11 reconstruction of public highways and bridges, acquisition
4340+12 of rights-of-way for and the cost of construction,
4341+13 reconstruction, maintenance, repair, and operation of
4342+14 public highways and bridges under the direction and
4343+15 supervision of the State, political subdivision, or
4344+16 municipality collecting those monies, or during fiscal
4345+17 year 2023 for the purposes of a grant not to exceed
4346+18 $8,394,800 to the Regional Transportation Authority on
4347+19 behalf of PACE for the purpose of ADA/Para-transit
4348+20 expenses, or during fiscal year 2024 for the purposes of a
4349+21 grant not to exceed $9,108,400 to the Regional
4350+22 Transportation Authority on behalf of PACE for the purpose
4351+23 of ADA/Para-transit expenses, and the costs for patrolling
4352+24 and policing the public highways (by the State, political
4353+25 subdivision, or municipality collecting that money) for
4354+26 enforcement of traffic laws. The separation of grades of
4355+
4356+
4357+
4358+
4359+
4360+ HB5601 Enrolled - 124 - LRB103 38592 MXP 68728 b
4361+
4362+
4363+HB5601 Enrolled- 125 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 125 - LRB103 38592 MXP 68728 b
4364+ HB5601 Enrolled - 125 - LRB103 38592 MXP 68728 b
4365+1 such highways with railroads and costs associated with
4366+2 protection of at-grade highway and railroad crossing shall
4367+3 also be permissible.
4368+4 Appropriations for any of such purposes are payable from
4369+5 the Road Fund or the Grade Crossing Protection Fund as
4370+6 provided in Section 8 of the Motor Fuel Tax Law.
4371+7 Except as provided in this paragraph, beginning with
4372+8 fiscal year 1991 and thereafter, no Road Fund monies shall be
4373+9 appropriated to the Illinois State Police for the purposes of
4374+10 this Section in excess of its total fiscal year 1990 Road Fund
4375+11 appropriations for those purposes unless otherwise provided in
4376+12 Section 5g of this Act. For fiscal years 2003, 2004, 2005,
4377+13 2006, and 2007 only, no Road Fund monies shall be appropriated
4378+14 to the Department of State Police for the purposes of this
4379+15 Section in excess of $97,310,000. For fiscal year 2008 only,
4380+16 no Road Fund monies shall be appropriated to the Department of
4381+17 State Police for the purposes of this Section in excess of
4382+18 $106,100,000. For fiscal year 2009 only, no Road Fund monies
4383+19 shall be appropriated to the Department of State Police for
4384+20 the purposes of this Section in excess of $114,700,000.
4385+21 Beginning in fiscal year 2010, no Road Fund road fund moneys
4386+22 shall be appropriated to the Illinois State Police. It shall
4387+23 not be lawful to circumvent this limitation on appropriations
4388+24 by governmental reorganization or other methods unless
4389+25 otherwise provided in Section 5g of this Act.
4390+26 In fiscal year 1994, no Road Fund monies shall be
4391+
4392+
4393+
4394+
4395+
4396+ HB5601 Enrolled - 125 - LRB103 38592 MXP 68728 b
4397+
4398+
4399+HB5601 Enrolled- 126 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 126 - LRB103 38592 MXP 68728 b
4400+ HB5601 Enrolled - 126 - LRB103 38592 MXP 68728 b
4401+1 appropriated to the Secretary of State for the purposes of
4402+2 this Section in excess of the total fiscal year 1991 Road Fund
4403+3 appropriations to the Secretary of State for those purposes,
4404+4 plus $9,800,000. It shall not be lawful to circumvent this
4405+5 limitation on appropriations by governmental reorganization or
4406+6 other method.
4407+7 Beginning with fiscal year 1995 and thereafter, no Road
4408+8 Fund monies shall be appropriated to the Secretary of State
4409+9 for the purposes of this Section in excess of the total fiscal
4410+10 year 1994 Road Fund appropriations to the Secretary of State
4411+11 for those purposes. It shall not be lawful to circumvent this
4412+12 limitation on appropriations by governmental reorganization or
4413+13 other methods.
4414+14 Beginning with fiscal year 2000, total Road Fund
4415+15 appropriations to the Secretary of State for the purposes of
4416+16 this Section shall not exceed the amounts specified for the
4417+17 following fiscal years:
4418+18 Fiscal Year 2000$80,500,000;19 Fiscal Year 2001$80,500,000;20 Fiscal Year 2002$80,500,000;21 Fiscal Year 2003$130,500,000;22 Fiscal Year 2004$130,500,000;23 Fiscal Year 2005$130,500,000; 24 Fiscal Year 2006 $130,500,000; 25 Fiscal Year 2007 $130,500,000; 26 Fiscal Year 2008$130,500,000; 18 Fiscal Year 2000 $80,500,000; 19 Fiscal Year 2001 $80,500,000; 20 Fiscal Year 2002 $80,500,000; 21 Fiscal Year 2003 $130,500,000; 22 Fiscal Year 2004 $130,500,000; 23 Fiscal Year 2005 $130,500,000; 24 Fiscal Year 2006 $130,500,000; 25 Fiscal Year 2007 $130,500,000; 26 Fiscal Year 2008 $130,500,000;
4419+18 Fiscal Year 2000 $80,500,000;
4420+19 Fiscal Year 2001 $80,500,000;
4421+20 Fiscal Year 2002 $80,500,000;
4422+21 Fiscal Year 2003 $130,500,000;
4423+22 Fiscal Year 2004 $130,500,000;
4424+23 Fiscal Year 2005 $130,500,000;
4425+24 Fiscal Year 2006 $130,500,000;
4426+25 Fiscal Year 2007 $130,500,000;
4427+26 Fiscal Year 2008 $130,500,000;
4428+
4429+
4430+
4431+
4432+
4433+ HB5601 Enrolled - 126 - LRB103 38592 MXP 68728 b
4434+
4435+
4436+18 Fiscal Year 2000 $80,500,000;
4437+19 Fiscal Year 2001 $80,500,000;
4438+20 Fiscal Year 2002 $80,500,000;
4439+21 Fiscal Year 2003 $130,500,000;
4440+22 Fiscal Year 2004 $130,500,000;
4441+23 Fiscal Year 2005 $130,500,000;
4442+24 Fiscal Year 2006 $130,500,000;
4443+25 Fiscal Year 2007 $130,500,000;
4444+26 Fiscal Year 2008 $130,500,000;
4445+
4446+
4447+HB5601 Enrolled- 127 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 127 - LRB103 38592 MXP 68728 b
4448+ HB5601 Enrolled - 127 - LRB103 38592 MXP 68728 b
4449+1 Fiscal Year 2009 $130,500,000. 1 Fiscal Year 2009 $130,500,000.
4450+1 Fiscal Year 2009 $130,500,000.
4451+2 For fiscal year 2010, no road fund moneys shall be
4452+3 appropriated to the Secretary of State.
4453+4 Beginning in fiscal year 2011, moneys in the Road Fund
4454+5 shall be appropriated to the Secretary of State for the
4455+6 exclusive purpose of paying refunds due to overpayment of fees
4456+7 related to Chapter 3 of the Illinois Vehicle Code unless
4457+8 otherwise provided for by law.
4458+9 It shall not be lawful to circumvent this limitation on
4459+10 appropriations by governmental reorganization or other
4460+11 methods.
4461+12 No new program may be initiated in fiscal year 1991 and
4462+13 thereafter that is not consistent with the limitations imposed
4463+14 by this Section for fiscal year 1984 and thereafter, insofar
4464+15 as appropriation of Road Fund monies is concerned.
4465+16 Nothing in this Section prohibits transfers from the Road
4466+17 Fund to the State Construction Account Fund under Section 5e
4467+18 of this Act; nor to the General Revenue Fund, as authorized by
4468+19 Public Act 93-25.
4469+20 The additional amounts authorized for expenditure in this
4470+21 Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
4471+22 shall be repaid to the Road Fund from the General Revenue Fund
4472+23 in the next succeeding fiscal year that the General Revenue
4473+24 Fund has a positive budgetary balance, as determined by
4474+25 generally accepted accounting principles applicable to
4475+26 government.
4476+
4477+
4478+
4479+
4480+
4481+ HB5601 Enrolled - 127 - LRB103 38592 MXP 68728 b
4482+
4483+1 Fiscal Year 2009 $130,500,000.
4484+
4485+
4486+HB5601 Enrolled- 128 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 128 - LRB103 38592 MXP 68728 b
4487+ HB5601 Enrolled - 128 - LRB103 38592 MXP 68728 b
4488+1 The additional amounts authorized for expenditure by the
4489+2 Secretary of State and the Department of State Police in this
4490+3 Section by Public Act 94-91 shall be repaid to the Road Fund
4491+4 from the General Revenue Fund in the next succeeding fiscal
4492+5 year that the General Revenue Fund has a positive budgetary
4493+6 balance, as determined by generally accepted accounting
4494+7 principles applicable to government.
4495+8 (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
4496+9 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.
4497+10 6-7-23; 103-34, eff. 1-1-24; revised 12-12-23.)
4498+11 (30 ILCS 105/8.25) (from Ch. 127, par. 144.25)
4499+12 Sec. 8.25. Build Illinois Fund; uses.
4500+13 (A) All moneys in the Build Illinois Fund shall be
4501+14 transferred, appropriated, and used only for the purposes
4502+15 authorized by and subject to the limitations and conditions
4503+16 prescribed by this Section. There are established the
4504+17 following accounts in the Build Illinois Fund: the McCormick
4505+18 Place Account, the Build Illinois Bond Account, the Build
4506+19 Illinois Purposes Account, the Park and Conservation Fund
4507+20 Account, and the Tourism Advertising and Promotion Account.
4508+21 Amounts deposited into the Build Illinois Fund consisting of
4509+22 1.55% before July 1, 1986, and 1.75% on and after July 1, 1986,
4510+23 of moneys received by the Department of Revenue under Section
4511+24 9 of the Use Tax Act, Section 9 of the Service Use Tax Act,
4512+25 Section 9 of the Service Occupation Tax Act, and Section 3 of
4513+
4514+
4515+
4516+
4517+
4518+ HB5601 Enrolled - 128 - LRB103 38592 MXP 68728 b
4519+
4520+
4521+HB5601 Enrolled- 129 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 129 - LRB103 38592 MXP 68728 b
4522+ HB5601 Enrolled - 129 - LRB103 38592 MXP 68728 b
4523+1 the Retailers' Occupation Tax Act, and all amounts deposited
4524+2 therein under Section 28 of the Illinois Horse Racing Act of
4525+3 1975, Section 4.05 of the Chicago World's Fair - 1992
4526+4 Authority Act, and Sections 3 and 6 of the Hotel Operators'
4527+5 Occupation Tax Act, shall be credited initially to the
4528+6 McCormick Place Account and all other amounts deposited into
4529+7 the Build Illinois Fund shall be credited initially to the
4530+8 Build Illinois Bond Account. Of the amounts initially so
4531+9 credited to the McCormick Place Account in each month, the
4532+10 amount that is to be transferred in that month to the
4533+11 Metropolitan Fair and Exposition Authority Improvement Bond
4534+12 Fund, as provided below, shall remain credited to the
4535+13 McCormick Place Account, and all amounts initially so credited
4536+14 in that month in excess thereof shall next be credited to the
4537+15 Build Illinois Bond Account. Of the amounts credited to the
4538+16 Build Illinois Bond Account in each month, the amount that is
4539+17 to be transferred in that month to the Build Illinois Bond
4540+18 Retirement and Interest Fund, as provided below, shall remain
4541+19 credited to the Build Illinois Bond Account, and all amounts
4542+20 so credited in each month in excess thereof shall next be
4543+21 credited monthly to the other accounts in the following order
4544+22 of priority: first, to the Build Illinois Purposes Account,
4545+23 plus any cumulative deficiency in those transfers for prior
4546+24 months; second, 1/12 of $10,000,000, plus any cumulative
4547+25 deficiency in those transfers for prior months, to the Park
4548+26 and Conservation Fund Account; and third, to the General
4549+
4550+
4551+
4552+
4553+
4554+ HB5601 Enrolled - 129 - LRB103 38592 MXP 68728 b
4555+
4556+
4557+HB5601 Enrolled- 130 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 130 - LRB103 38592 MXP 68728 b
4558+ HB5601 Enrolled - 130 - LRB103 38592 MXP 68728 b
4559+1 Revenue Fund in the State Treasury all amounts that remain in
4560+2 the Build Illinois Fund on the last day of each month and are
4561+3 not credited to any account in that Fund.
4562+4 Transfers from the McCormick Place Account in the Build
4563+5 Illinois Fund shall be made as follows:
4564+6 Beginning with fiscal year 1985 and continuing for each
4565+7 fiscal year thereafter, the Metropolitan Pier and Exposition
4566+8 Authority shall annually certify to the State Comptroller and
4567+9 State Treasurer the amount necessary and required during the
4568+10 fiscal year with respect to which the certification is made to
4569+11 pay the debt service requirements (including amounts to be
4570+12 paid with respect to arrangements to provide additional
4571+13 security or liquidity) on all outstanding bonds and notes,
4572+14 including refunding bonds (herein collectively referred to as
4573+15 bonds) of issues in the aggregate amount (excluding the amount
4574+16 of any refunding bonds issued by that Authority after January
4575+17 1, 1986) of not more than $312,500,000 issued after July 1,
4576+18 1984, by that Authority for the purposes specified in Sections
4577+19 10.1 and 13.1 of the Metropolitan Pier and Exposition
4578+20 Authority Act. In each month of the fiscal year in which there
4579+21 are bonds outstanding with respect to which the annual
4580+22 certification is made, the Comptroller shall order transferred
4581+23 and the Treasurer shall transfer from the McCormick Place
4582+24 Account in the Build Illinois Fund to the Metropolitan Fair
4583+25 and Exposition Authority Improvement Bond Fund an amount equal
4584+26 to 150% of the certified amount for that fiscal year divided by
4585+
4586+
4587+
4588+
4589+
4590+ HB5601 Enrolled - 130 - LRB103 38592 MXP 68728 b
4591+
4592+
4593+HB5601 Enrolled- 131 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 131 - LRB103 38592 MXP 68728 b
4594+ HB5601 Enrolled - 131 - LRB103 38592 MXP 68728 b
4595+1 the number of months during that fiscal year in which bonds of
4596+2 the Authority are outstanding, plus any cumulative deficiency
4597+3 in those transfers for prior months; provided, that the
4598+4 maximum amount that may be so transferred in fiscal year 1985
4599+5 shall not exceed $15,000,000 or a lesser sum as is actually
4600+6 necessary and required to pay the debt service requirements
4601+7 for that fiscal year after giving effect to net operating
4602+8 revenues of that Authority available for that purpose as
4603+9 certified by that Authority, and provided further that the
4604+10 maximum amount that may be so transferred in fiscal year 1986
4605+11 shall not exceed $30,000,000 and in each fiscal year
4606+12 thereafter shall not exceed $33,500,000 in any fiscal year or
4607+13 a lesser sum as is actually necessary and required to pay the
4608+14 debt service requirements for that fiscal year after giving
4609+15 effect to net operating revenues of that Authority available
4610+16 for that purpose as certified by that Authority.
4611+17 When an amount equal to 100% of the aggregate amount of
4612+18 principal and interest in each fiscal year with respect to
4613+19 bonds issued after July 1, 1984, that by their terms are
4614+20 payable from the Metropolitan Fair and Exposition Authority
4615+21 Improvement Bond Fund, including under sinking fund
4616+22 requirements, has been so paid and deficiencies in reserves
4617+23 established from bond proceeds shall have been remedied, and
4618+24 at the time that those amounts have been transferred to the
4619+25 Authority as provided in Section 13.1 of the Metropolitan Pier
4620+26 and Exposition Authority Act, the remaining moneys, if any,
4621+
4622+
4623+
4624+
4625+
4626+ HB5601 Enrolled - 131 - LRB103 38592 MXP 68728 b
4627+
4628+
4629+HB5601 Enrolled- 132 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 132 - LRB103 38592 MXP 68728 b
4630+ HB5601 Enrolled - 132 - LRB103 38592 MXP 68728 b
4631+1 deposited and to be deposited during each fiscal year to the
4632+2 Metropolitan Fair and Exposition Authority Improvement Bond
4633+3 Fund shall be transferred to the Metropolitan Fair and
4634+4 Exposition Authority Completion Note Subordinate Fund.
4635+5 Transfers from the Build Illinois Bond Account in the
4636+6 Build Illinois Fund shall be made as follows:
4637+7 Beginning with fiscal year 1986 and continuing for each
4638+8 fiscal year thereafter so long as limited obligation bonds of
4639+9 the State issued under the Build Illinois Bond Act remain
4640+10 outstanding, the Comptroller shall order transferred and the
4641+11 Treasurer shall transfer in each month, commencing in October,
4642+12 1985, on the last day of that month, from the Build Illinois
4643+13 Bond Account to the Build Illinois Bond Retirement and
4644+14 Interest Fund in the State Treasury the amount required to be
4645+15 so transferred in that month under Section 13 of the Build
4646+16 Illinois Bond Act.
4647+17 As soon as may be practicable after the first day of each
4648+18 month beginning after July 1, 1984, the Comptroller shall
4649+19 order transferred and the Treasurer shall transfer from the
4650+20 Park and Conservation Fund Account in the Build Illinois Fund
4651+21 to the Park and Conservation Fund 1/12 of $10,000,000, plus
4652+22 any cumulative deficiency in those transfers for prior months,
4653+23 for conservation and park purposes as enumerated in Section
4654+24 805-420 of the Department of Natural Resources (Conservation)
4655+25 Law (20 ILCS 805/805-420), and to pay the debt service
4656+26 requirements on all outstanding bonds of an issue in the
4657+
4658+
4659+
4660+
4661+
4662+ HB5601 Enrolled - 132 - LRB103 38592 MXP 68728 b
4663+
4664+
4665+HB5601 Enrolled- 133 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 133 - LRB103 38592 MXP 68728 b
4666+ HB5601 Enrolled - 133 - LRB103 38592 MXP 68728 b
4667+1 aggregate amount of not more than $40,000,000 issued after
4668+2 January 1, 1985, by the State of Illinois for the purposes
4669+3 specified in Section 3(c) of the Capital Development Bond Act
4670+4 of 1972, or for the same purposes as specified in any other
4671+5 State general obligation bond Act enacted after November 1,
4672+6 1984. Transfers from the Park and Conservation Fund to the
4673+7 Capital Development Bond Retirement and Interest Fund to pay
4674+8 those debt service requirements shall be made in accordance
4675+9 with Section 8.25b of this Act.
4676+10 All funds remaining in the Build Illinois Fund on the last
4677+11 day of any month and not credited to any account in that Fund
4678+12 shall be transferred by the State Treasurer to the General
4679+13 Revenue Fund.
4680+14 (B) For the purpose of this Section, "cumulative
4681+15 deficiency" shall include all deficiencies in those transfers
4682+16 that have occurred since July 1, 1984, as specified in
4683+17 subsection (A) of this Section.
4684+18 (C) (Blank). In addition to any other permitted use of
4685+19 moneys in the Fund, and notwithstanding any restriction on the
4686+20 use of the Fund, moneys in the Park and Conservation Fund may
4687+21 be transferred to the General Revenue Fund as authorized by
4688+22 Public Act 87-14. The General Assembly finds that an excess of
4689+23 moneys existed in the Fund on July 30, 1991, and the Governor's
4690+24 order of July 30, 1991, requesting the Comptroller and
4691+25 Treasurer to transfer an amount from the Fund to the General
4692+26 Revenue Fund is hereby validated.
4693+
4694+
4695+
4696+
4697+
4698+ HB5601 Enrolled - 133 - LRB103 38592 MXP 68728 b
4699+
4700+
4701+HB5601 Enrolled- 134 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 134 - LRB103 38592 MXP 68728 b
4702+ HB5601 Enrolled - 134 - LRB103 38592 MXP 68728 b
4703+1 (D) (Blank).
4704+2 (Source: P.A. 102-1071, eff. 6-10-22.)
4705+3 (30 ILCS 325/Act rep.)
4706+4 Section 15-20. The Fiscal Agent Designation Act is
4707+5 repealed.
4708+6 Section 15-25. The General Obligation Bond Act is amended
4709+7 by changing Sections 12 and 15 as follows:
4710+8 (30 ILCS 330/12) (from Ch. 127, par. 662)
4711+9 Sec. 12. Allocation of proceeds from sale of Bonds.
4712+10 (a) Proceeds from the sale of Bonds, authorized by Section
4713+11 3 of this Act, shall be deposited in the separate fund known as
4714+12 the Capital Development Fund, a special fund that was created
4715+13 under Section 6 of the Capital Development Bond Act of 1972
4716+14 (repealed) and is continued under this amendatory Act of the
4717+15 103rd General Assembly, which may be expended as provided by
4718+16 law.
4719+17 (b) Proceeds from the sale of Bonds, authorized by
4720+18 paragraph (a) of Section 4 of this Act, shall be deposited in
4721+19 the separate fund known as the Transportation Bond, Series A
4722+20 Fund, a special fund that was created under Section 4 of the
4723+21 Transportation Bond Act (repealed) and is continued under this
4724+22 amendatory Act of the 103rd General Assembly, which may be
4725+23 expended as provided by law.
4726+
4727+
4728+
4729+
4730+
4731+ HB5601 Enrolled - 134 - LRB103 38592 MXP 68728 b
4732+
4733+
4734+HB5601 Enrolled- 135 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 135 - LRB103 38592 MXP 68728 b
4735+ HB5601 Enrolled - 135 - LRB103 38592 MXP 68728 b
4736+1 (c) Proceeds from the sale of Bonds, authorized by
4737+2 paragraphs (b) and (c) of Section 4 of this Act, shall be
4738+3 deposited in the separate fund known as the Transportation
4739+4 Bond, Series B Fund, a special fund that was created under
4740+5 Section 4 of the Transportation Bond Act (repealed) and is
4741+6 continued under this amendatory Act of the 103rd General
4742+7 Assembly, which may be expended as provided by law.
4743+8 (c-1) Proceeds from the sale of Bonds, authorized by
4744+9 paragraph (d) of Section 4 of this Act, shall be deposited into
4745+10 the Transportation Bond Series D Fund, which is hereby
4746+11 created.
4747+12 (c-2) Proceeds from the sale of Bonds, authorized by
4748+13 paragraph (e) of Section 4 of this Act, shall be deposited into
4749+14 the Multi-modal Transportation Bond Fund, which is hereby
4750+15 created.
4751+16 (d) Proceeds from the sale of Bonds, authorized by Section
4752+17 5 of this Act, shall be deposited in the separate fund known as
4753+18 the School Construction Fund.
4754+19 (e) Proceeds from the sale of Bonds, authorized by Section
4755+20 6 of this Act, shall be deposited in the separate fund known as
4756+21 the Anti-Pollution Fund, a special fund that was created under
4757+22 Section 3 of the Anti-Pollution Bond Act (repealed) and is
4758+23 continued under this amendatory Act of the 103rd General
4759+24 Assembly, which may be expended as provided by law.
4760+25 (f) Proceeds from the sale of Bonds, authorized by Section
4761+26 7 of this Act, shall be deposited in the separate fund known as
4762+
4763+
4764+
4765+
4766+
4767+ HB5601 Enrolled - 135 - LRB103 38592 MXP 68728 b
4768+
4769+
4770+HB5601 Enrolled- 136 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 136 - LRB103 38592 MXP 68728 b
4771+ HB5601 Enrolled - 136 - LRB103 38592 MXP 68728 b
4772+1 the Coal Development Fund, a special fund that was created
4773+2 under Section 10 of the Illinois Coal and Energy Development
4774+3 Bond Act (repealed) and is continued under this amendatory Act
4775+4 of the 103rd General Assembly, which may be expended as
4776+5 provided by law.
4777+6 (f-2) Proceeds from the sale of Bonds, authorized by
4778+7 Section 7.2 of this Act, shall be deposited as set forth in
4779+8 Section 7.2.
4780+9 (f-5) Proceeds from the sale of Bonds, authorized by
4781+10 Section 7.5 of this Act, shall be deposited as set forth in
4782+11 Section 7.5.
4783+12 (f-7) Proceeds from the sale of Bonds, authorized by
4784+13 Section 7.6 of this Act, shall be deposited as set forth in
4785+14 Section 7.6.
4786+15 (f-8) Proceeds from the sale of Bonds, authorized by
4787+16 Section 7.7 of this Act, shall be deposited as set forth in
4788+17 Section 7.7.
4789+18 (g) Proceeds from the sale of Bonds, authorized by Section
4790+19 8 of this Act, shall be deposited in the Capital Development
4791+20 Fund.
4792+21 (h) Subsequent to the issuance of any Bonds for the
4793+22 purposes described in Sections 2 through 8 of this Act, the
4794+23 Governor and the Director of the Governor's Office of
4795+24 Management and Budget may provide for the reallocation of
4796+25 unspent proceeds of such Bonds to any other purposes
4797+26 authorized under said Sections of this Act, subject to the
4798+
4799+
4800+
4801+
4802+
4803+ HB5601 Enrolled - 136 - LRB103 38592 MXP 68728 b
4804+
4805+
4806+HB5601 Enrolled- 137 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 137 - LRB103 38592 MXP 68728 b
4807+ HB5601 Enrolled - 137 - LRB103 38592 MXP 68728 b
4808+1 limitations on aggregate principal amounts contained therein.
4809+2 Upon any such reallocation, such unspent proceeds shall be
4810+3 transferred to the appropriate funds as determined by
4811+4 reference to paragraphs (a) through (g) of this Section.
4812+5 (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
4813+6 101-30, eff. 6-28-19.)
4814+7 (30 ILCS 330/15) (from Ch. 127, par. 665)
4815+8 Sec. 15. Computation of principal and interest; transfers.
4816+9 (a) Upon each delivery of Bonds authorized to be issued
4817+10 under this Act, the Comptroller shall compute and certify to
4818+11 the Treasurer the total amount of principal of, interest on,
4819+12 and premium, if any, on Bonds issued that will be payable in
4820+13 order to retire such Bonds, the amount of principal of,
4821+14 interest on and premium, if any, on such Bonds that will be
4822+15 payable on each payment date according to the tenor of such
4823+16 Bonds during the then current and each succeeding fiscal year,
4824+17 and the amount of sinking fund payments needed to be deposited
4825+18 in connection with Qualified School Construction Bonds
4826+19 authorized by subsection (e) of Section 9. With respect to the
4827+20 interest payable on variable rate bonds, such certifications
4828+21 shall be calculated at the maximum rate of interest that may be
4829+22 payable during the fiscal year, after taking into account any
4830+23 credits permitted in the related indenture or other instrument
4831+24 against the amount of such interest required to be
4832+25 appropriated for such period pursuant to subsection (c) of
4833+
4834+
4835+
4836+
4837+
4838+ HB5601 Enrolled - 137 - LRB103 38592 MXP 68728 b
4839+
4840+
4841+HB5601 Enrolled- 138 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 138 - LRB103 38592 MXP 68728 b
4842+ HB5601 Enrolled - 138 - LRB103 38592 MXP 68728 b
4843+1 Section 14 of this Act. With respect to the interest payable,
4844+2 such certifications shall include the amounts certified by the
4845+3 Director of the Governor's Office of Management and Budget
4846+4 under subsection (b) of Section 9 of this Act.
4847+5 On or before the last day of each month the State Treasurer
4848+6 and Comptroller shall transfer from (1) the Road Fund with
4849+7 respect to Bonds issued under paragraphs (a) and (e) of
4850+8 Section 4 of this Act, or Bonds issued under authorization in
4851+9 Public Act 98-781, or Bonds issued for the purpose of
4852+10 refunding such bonds, and from (2) the General Revenue Fund,
4853+11 with respect to all other Bonds issued under this Act, to the
4854+12 General Obligation Bond Retirement and Interest Fund an amount
4855+13 sufficient to pay the aggregate of the principal of, interest
4856+14 on, and premium, if any, on Bonds payable, by their terms on
4857+15 the next payment date divided by the number of full calendar
4858+16 months between the date of such Bonds and the first such
4859+17 payment date, and thereafter, divided by the number of months
4860+18 between each succeeding payment date after the first. Such
4861+19 computations and transfers shall be made for each series of
4862+20 Bonds issued and delivered. Interest payable on variable rate
4863+21 bonds shall be calculated at the maximum rate of interest that
4864+22 may be payable for the relevant period, after taking into
4865+23 account any credits permitted in the related indenture or
4866+24 other instrument against the amount of such interest required
4867+25 to be appropriated for such period pursuant to subsection (c)
4868+26 of Section 14 of this Act. Computations of interest shall
4869+
4870+
4871+
4872+
4873+
4874+ HB5601 Enrolled - 138 - LRB103 38592 MXP 68728 b
4875+
4876+
4877+HB5601 Enrolled- 139 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 139 - LRB103 38592 MXP 68728 b
4878+ HB5601 Enrolled - 139 - LRB103 38592 MXP 68728 b
4879+1 include the amounts certified by the Director of the
4880+2 Governor's Office of Management and Budget under subsection
4881+3 (b) of Section 9 of this Act. Interest for which moneys have
4882+4 already been deposited into the capitalized interest account
4883+5 within the General Obligation Bond Retirement and Interest
4884+6 Fund shall not be included in the calculation of the amounts to
4885+7 be transferred under this subsection. Notwithstanding any
4886+8 other provision in this Section, the transfer provisions
4887+9 provided in this paragraph shall not apply to transfers made
4888+10 in fiscal year 2010 or fiscal year 2011 with respect to Bonds
4889+11 issued in fiscal year 2010 or fiscal year 2011 pursuant to
4890+12 Section 7.2 of this Act. In the case of transfers made in
4891+13 fiscal year 2010 or fiscal year 2011 with respect to the Bonds
4892+14 issued in fiscal year 2010 or fiscal year 2011 pursuant to
4893+15 Section 7.2 of this Act, on or before the 15th day of the month
4894+16 prior to the required debt service payment, the State
4895+17 Treasurer and Comptroller shall transfer from the General
4896+18 Revenue Fund to the General Obligation Bond Retirement and
4897+19 Interest Fund an amount sufficient to pay the aggregate of the
4898+20 principal of, interest on, and premium, if any, on the Bonds
4899+21 payable in that next month.
4900+22 The transfer of monies herein and above directed is not
4901+23 required if monies in the General Obligation Bond Retirement
4902+24 and Interest Fund are more than the amount otherwise to be
4903+25 transferred as herein above provided, and if the Governor or
4904+26 his authorized representative notifies the State Treasurer and
4905+
4906+
4907+
4908+
4909+
4910+ HB5601 Enrolled - 139 - LRB103 38592 MXP 68728 b
4911+
4912+
4913+HB5601 Enrolled- 140 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 140 - LRB103 38592 MXP 68728 b
4914+ HB5601 Enrolled - 140 - LRB103 38592 MXP 68728 b
4915+1 Comptroller of such fact in writing.
4916+2 (b) The After the effective date of this Act, the balance
4917+3 of, and monies directed to be included in the Capital
4918+4 Development Bond Retirement and Interest Fund, Anti-Pollution
4919+5 Bond Retirement and Interest Fund, Transportation Bond, Series
4920+6 A Retirement and Interest Fund, Transportation Bond, Series B
4921+7 Retirement and Interest Fund, and Coal Development Bond
4922+8 Retirement and Interest Fund shall be transferred to and
4923+9 deposited in the General Obligation Bond Retirement and
4924+10 Interest Fund. This Fund shall be used to make debt service
4925+11 payments on the State's general obligation Bonds heretofore
4926+12 issued which are now outstanding and payable from the Funds
4927+13 herein listed as well as on Bonds issued under this Act.
4928+14 (c) The unused portion of federal funds received for or as
4929+15 reimbursement for a capital facilities project, as authorized
4930+16 by Section 3 of this Act, for which monies from the Capital
4931+17 Development Fund have been expended shall remain in the
4932+18 Capital Development Board Contributory Trust Fund and shall be
4933+19 used for capital projects and for no other purpose, subject to
4934+20 appropriation and as directed by the Capital Development
4935+21 Board. Any federal funds received as reimbursement for the
4936+22 completed construction of a capital facilities project, as
4937+23 authorized by Section 3 of this Act, for which monies from the
4938+24 Capital Development Fund have been expended may be used for
4939+25 any expense or project necessary for implementation of the
4940+26 Quincy Veterans' Home Rehabilitation and Rebuilding Act for a
4941+
4942+
4943+
4944+
4945+
4946+ HB5601 Enrolled - 140 - LRB103 38592 MXP 68728 b
4947+
4948+
4949+HB5601 Enrolled- 141 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 141 - LRB103 38592 MXP 68728 b
4950+ HB5601 Enrolled - 141 - LRB103 38592 MXP 68728 b
4951+1 period of 5 years from July 17, 2018 (the effective date of
4952+2 Public Act 100-610).
4953+3 (Source: P.A. 101-30, eff. 6-28-19; 102-699, eff. 4-19-22.)
4954+4 (30 ILCS 395/Act rep.)
4955+5 Section 15-30. The Educational Institution Bond
4956+6 Authorization Act is repealed.
4957+7 (30 ILCS 400/Act rep.)
4958+8 Section 15-35. The Mental Health Institution Bond Act is
4959+9 repealed.
4960+10 (30 ILCS 405/Act rep.)
4961+11 Section 15-40. The Anti-Pollution Bond Act is repealed.
4962+12 (30 ILCS 410/Act rep.)
4963+13 Section 15-45. The Anti-Pollution Bond Fund Transfer Act
4964+14 is repealed.
4965+15 (30 ILCS 415/Act rep.)
4966+16 Section 15-50. The Transportation Bond Act is repealed.
4967+17 (30 ILCS 420/Act rep.)
4968+18 Section 15-55. The Capital Development Bond Act of 1972 is
4969+19 repealed.
4970+
4971+
4972+
4973+
4974+
4975+ HB5601 Enrolled - 141 - LRB103 38592 MXP 68728 b
4976+
4977+
4978+HB5601 Enrolled- 142 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 142 - LRB103 38592 MXP 68728 b
4979+ HB5601 Enrolled - 142 - LRB103 38592 MXP 68728 b
4980+1 Section 15-60. The Public Community College Act is amended
4981+2 by changing Sections 5-1, 5-9, and 5-12 as follows:
4982+3 (110 ILCS 805/5-1) (from Ch. 122, par. 105-1)
4983+4 Sec. 5-1. Application; State funds.
4984+5 (a) This Article does not apply to community college
4985+6 energy conservation measures and guaranteed energy saving
4986+7 contracts undertaken, implemented, or entered into under
4987+8 Article V-A.
4988+9 (b) Upon compliance with the provisions of this Article,
4989+10 any community college may receive and expend funds for
4990+11 building purposes under the direction of the State Board
4991+12 pursuant to the provisions of the General Obligation Bond Act,
4992+13 the Capital Development Bond Act of 1972 (now repealed), and
4993+14 the Capital Development Board Act.
4994+15 (Source: P.A. 88-173.)
4995+16 (110 ILCS 805/5-9) (from Ch. 122, par. 105-9)
4996+17 Sec. 5-9. The community college district may finance 25%
4997+18 or more of the project by issuing bonds in the manner provided
4998+19 in Article IIIA. The community college board is authorized to
4999+20 transfer to the Capital Development Board to supplement the
5000+21 financing by the Capital Development Board responsive to the
5001+22 General Obligation Bond Act, "Capital Development Bond Act of
5002+23 1972 (now repealed) ", as now or hereafter amended, and the
5003+24 "Capital Development Board Act", as now or hereafter amended,
5004+
5005+
5006+
5007+
5008+
5009+ HB5601 Enrolled - 142 - LRB103 38592 MXP 68728 b
5010+
5011+
5012+HB5601 Enrolled- 143 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 143 - LRB103 38592 MXP 68728 b
5013+ HB5601 Enrolled - 143 - LRB103 38592 MXP 68728 b
5014+1 such monies as are necessary to finance at least 25% of the
5015+2 project. In addition any community college district may
5016+3 designate for building purposes any property it may own,
5017+4 either real or personal, situated within the geographical
5018+5 boundaries of such community college district, as part of its
5019+6 contribution necessary to finance at least 25% of the project.
5020+7 The obligation of property and money may be made for any
5021+8 project authorized by law to be undertaken by the Capital
5022+9 Development Board responsive to a declaration of such project
5023+10 being in the public interest by the General Assembly for any of
5024+11 the purposes approved by the State Board.
5025+12 (Source: P.A. 81-1509.)
5026+13 (110 ILCS 805/5-12) (from Ch. 122, par. 105-12)
5027+14 Sec. 5-12. In the event the Capital Development Board
5028+15 determines that a facility previously provided for a community
5029+16 college under this Article was defectively designed or
5030+17 constructed, the cost of any necessary corrective work shall
5031+18 be fully funded by monies appropriated pursuant to the General
5032+19 Obligation Bond Act Capital Development Bond Act of 1972, as
5033+20 now or hereafter amended. In such an instance, the community
5034+21 college shall not be required to provide any portion of the
5035+22 cost of the corrective work.
5036+23 Should a community college district recover damages
5037+24 against any party responsible for the defective design or
5038+25 construction of a community college facility, the community
5039+
5040+
5041+
5042+
5043+
5044+ HB5601 Enrolled - 143 - LRB103 38592 MXP 68728 b
5045+
5046+
5047+HB5601 Enrolled- 144 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 144 - LRB103 38592 MXP 68728 b
5048+ HB5601 Enrolled - 144 - LRB103 38592 MXP 68728 b
5049+1 college district shall reimburse the State of Illinois for any
5050+2 funds provided by the State to correct building defects.
5051+3 No provision of this Section shall preclude or delay
5052+4 litigation by a community college district to recover damages
5053+5 for such defective design or construction from the party or
5054+6 parties responsible for same.
5055+7 (Source: P.A. 81-994.)
5056+8 Section 15-65. The Environmental Protection Act is amended
5057+9 by changing Section 4 as follows:
5058+10 (415 ILCS 5/4) (from Ch. 111 1/2, par. 1004)
5059+11 Sec. 4. Environmental Protection Agency; establishment;
5060+12 duties.
5061+13 (a) There is established in the Executive Branch of the
5062+14 State Government an agency to be known as the Environmental
5063+15 Protection Agency. This Agency shall be under the supervision
5064+16 and direction of a Director who shall be appointed by the
5065+17 Governor with the advice and consent of the Senate. The term of
5066+18 office of the Director shall expire on the third Monday of
5067+19 January in odd numbered years, provided that he or she shall
5068+20 hold office until a successor is appointed and has qualified.
5069+21 For terms beginning after January 18, 2019 (the effective date
5070+22 of Public Act 100-1179) and before January 16, 2023, the
5071+23 Director's annual salary shall be an amount equal to 15% more
5072+24 than the Director's annual salary as of December 31, 2018. The
5073+
5074+
5075+
5076+
5077+
5078+ HB5601 Enrolled - 144 - LRB103 38592 MXP 68728 b
5079+
5080+
5081+HB5601 Enrolled- 145 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 145 - LRB103 38592 MXP 68728 b
5082+ HB5601 Enrolled - 145 - LRB103 38592 MXP 68728 b
5083+1 calculation of the 2018 salary base for this adjustment shall
5084+2 not include any cost of living adjustments, as authorized by
5085+3 Senate Joint Resolution 192 of the 86th General Assembly, for
5086+4 the period beginning July 1, 2009 to June 30, 2019. Beginning
5087+5 July 1, 2019 and each July 1 thereafter, the Director shall
5088+6 receive an increase in salary based on a cost of living
5089+7 adjustment as authorized by Senate Joint Resolution 192 of the
5090+8 86th General Assembly. Notwithstanding any other provision of
5091+9 law, for terms beginning on or after January 16, 2023, the
5092+10 Director shall receive an annual salary of $180,000 or as set
5093+11 by the Governor, whichever is higher. On July 1, 2023, and on
5094+12 each July 1 thereafter, the Director shall receive an increase
5095+13 in salary based on a cost of living adjustment as authorized by
5096+14 Senate Joint Resolution 192 of the 86th General Assembly. The
5097+15 Director, in accord with the Personnel Code, shall employ and
5098+16 direct such personnel, and shall provide for such laboratory
5099+17 and other facilities, as may be necessary to carry out the
5100+18 purposes of this Act. In addition, the Director may by
5101+19 agreement secure such services as he or she may deem necessary
5102+20 from any other department, agency, or unit of the State
5103+21 Government, and may employ and compensate such consultants and
5104+22 technical assistants as may be required.
5105+23 (b) The Agency shall have the duty to collect and
5106+24 disseminate such information, acquire such technical data, and
5107+25 conduct such experiments as may be required to carry out the
5108+26 purposes of this Act, including ascertainment of the quantity
5109+
5110+
5111+
5112+
5113+
5114+ HB5601 Enrolled - 145 - LRB103 38592 MXP 68728 b
5115+
5116+
5117+HB5601 Enrolled- 146 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 146 - LRB103 38592 MXP 68728 b
5118+ HB5601 Enrolled - 146 - LRB103 38592 MXP 68728 b
5119+1 and nature of discharges from any contaminant source and data
5120+2 on those sources, and to operate and arrange for the operation
5121+3 of devices for the monitoring of environmental quality.
5122+4 (c) The Agency shall have authority to conduct a program
5123+5 of continuing surveillance and of regular or periodic
5124+6 inspection of actual or potential contaminant or noise
5125+7 sources, of public water supplies, and of refuse disposal
5126+8 sites.
5127+9 (d) In accordance with constitutional limitations, the
5128+10 Agency shall have authority to enter at all reasonable times
5129+11 upon any private or public property for the purpose of:
5130+12 (1) Inspecting and investigating to ascertain possible
5131+13 violations of this Act, any rule or regulation adopted
5132+14 under this Act, any permit or term or condition of a
5133+15 permit, or any Board order; or
5134+16 (2) In accordance with the provisions of this Act,
5135+17 taking whatever preventive or corrective action, including
5136+18 but not limited to removal or remedial action, that is
5137+19 necessary or appropriate whenever there is a release or a
5138+20 substantial threat of a release of (A) a hazardous
5139+21 substance or pesticide or (B) petroleum from an
5140+22 underground storage tank.
5141+23 (e) The Agency shall have the duty to investigate
5142+24 violations of this Act, any rule or regulation adopted under
5143+25 this Act, any permit or term or condition of a permit, or any
5144+26 Board order; to issue administrative citations as provided in
5145+
5146+
5147+
5148+
5149+
5150+ HB5601 Enrolled - 146 - LRB103 38592 MXP 68728 b
5151+
5152+
5153+HB5601 Enrolled- 147 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 147 - LRB103 38592 MXP 68728 b
5154+ HB5601 Enrolled - 147 - LRB103 38592 MXP 68728 b
5155+1 Section 31.1 of this Act; and to take such summary enforcement
5156+2 action as is provided for by Section 34 of this Act.
5157+3 (f) The Agency shall appear before the Board in any
5158+4 hearing upon a petition for variance or time-limited water
5159+5 quality standard, the denial of a permit, or the validity or
5160+6 effect of a rule or regulation of the Board, and shall have the
5161+7 authority to appear before the Board in any hearing under the
5162+8 Act.
5163+9 (g) The Agency shall have the duty to administer, in
5164+10 accord with Title X of this Act, such permit and certification
5165+11 systems as may be established by this Act or by regulations
5166+12 adopted thereunder. The Agency may enter into written
5167+13 delegation agreements with any department, agency, or unit of
5168+14 State or local government under which all or portions of this
5169+15 duty may be delegated for public water supply storage and
5170+16 transport systems, sewage collection and transport systems,
5171+17 air pollution control sources with uncontrolled emissions of
5172+18 100 tons per year or less and application of algicides to
5173+19 waters of the State. Such delegation agreements will require
5174+20 that the work to be performed thereunder will be in accordance
5175+21 with Agency criteria, subject to Agency review, and shall
5176+22 include such financial and program auditing by the Agency as
5177+23 may be required.
5178+24 (h) The Agency shall have authority to require the
5179+25 submission of complete plans and specifications from any
5180+26 applicant for a permit required by this Act or by regulations
5181+
5182+
5183+
5184+
5185+
5186+ HB5601 Enrolled - 147 - LRB103 38592 MXP 68728 b
5187+
5188+
5189+HB5601 Enrolled- 148 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 148 - LRB103 38592 MXP 68728 b
5190+ HB5601 Enrolled - 148 - LRB103 38592 MXP 68728 b
5191+1 thereunder, and to require the submission of such reports
5192+2 regarding actual or potential violations of this Act, any rule
5193+3 or regulation adopted under this Act, any permit or term or
5194+4 condition of a permit, or any Board order, as may be necessary
5195+5 for the purposes of this Act.
5196+6 (i) The Agency shall have authority to make
5197+7 recommendations to the Board for the adoption of regulations
5198+8 under Title VII of the Act.
5199+9 (j) The Agency shall have the duty to represent the State
5200+10 of Illinois in any and all matters pertaining to plans,
5201+11 procedures, or negotiations for interstate compacts or other
5202+12 governmental arrangements relating to environmental
5203+13 protection.
5204+14 (k) The Agency shall have the authority to accept,
5205+15 receive, and administer on behalf of the State any grants,
5206+16 gifts, loans, indirect cost reimbursements, or other funds
5207+17 made available to the State from any source for purposes of
5208+18 this Act or for air or water pollution control, public water
5209+19 supply, solid waste disposal, noise abatement, or other
5210+20 environmental protection activities, surveys, or programs. Any
5211+21 federal funds received by the Agency pursuant to this
5212+22 subsection shall be deposited in a trust fund with the State
5213+23 Treasurer and held and disbursed by him in accordance with
5214+24 Treasurer as Custodian of Funds Act, provided that such monies
5215+25 shall be used only for the purposes for which they are
5216+26 contributed and any balance remaining shall be returned to the
5217+
5218+
5219+
5220+
5221+
5222+ HB5601 Enrolled - 148 - LRB103 38592 MXP 68728 b
5223+
5224+
5225+HB5601 Enrolled- 149 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 149 - LRB103 38592 MXP 68728 b
5226+ HB5601 Enrolled - 149 - LRB103 38592 MXP 68728 b
5227+1 contributor.
5228+2 The Agency is authorized to promulgate such regulations
5229+3 and enter into such contracts as it may deem necessary for
5230+4 carrying out the provisions of this subsection.
5231+5 (l) The Agency is hereby designated as water pollution
5232+6 agency for the state for all purposes of the Federal Water
5233+7 Pollution Control Act, as amended; as implementing agency for
5234+8 the State for all purposes of the Safe Drinking Water Act,
5235+9 Public Law 93-523, as now or hereafter amended, except Section
5236+10 1425 of that Act; as air pollution agency for the state for all
5237+11 purposes of the Clean Air Act of 1970, Public Law 91-604,
5238+12 approved December 31, 1970, as amended; and as solid waste
5239+13 agency for the state for all purposes of the Solid Waste
5240+14 Disposal Act, Public Law 89-272, approved October 20, 1965,
5241+15 and amended by the Resource Recovery Act of 1970, Public Law
5242+16 91-512, approved October 26, 1970, as amended, and amended by
5243+17 the Resource Conservation and Recovery Act of 1976, (P.L.
5244+18 94-580) approved October 21, 1976, as amended; as noise
5245+19 control agency for the state for all purposes of the Noise
5246+20 Control Act of 1972, Public Law 92-574, approved October 27,
5247+21 1972, as amended; and as implementing agency for the State for
5248+22 all purposes of the Comprehensive Environmental Response,
5249+23 Compensation, and Liability Act of 1980 (P.L. 96-510), as
5250+24 amended; and otherwise as pollution control agency for the
5251+25 State pursuant to federal laws integrated with the foregoing
5252+26 laws, for financing purposes or otherwise. The Agency is
5253+
5254+
5255+
5256+
5257+
5258+ HB5601 Enrolled - 149 - LRB103 38592 MXP 68728 b
5259+
5260+
5261+HB5601 Enrolled- 150 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 150 - LRB103 38592 MXP 68728 b
5262+ HB5601 Enrolled - 150 - LRB103 38592 MXP 68728 b
5263+1 hereby authorized to take all action necessary or appropriate
5264+2 to secure to the State the benefits of such federal Acts,
5265+3 provided that the Agency shall transmit to the United States
5266+4 without change any standards adopted by the Pollution Control
5267+5 Board pursuant to Section 5(c) of this Act. This subsection
5268+6 (l) of Section 4 shall not be construed to bar or prohibit the
5269+7 Environmental Protection Trust Fund Commission from accepting,
5270+8 receiving, and administering on behalf of the State any
5271+9 grants, gifts, loans or other funds for which the Commission
5272+10 is eligible pursuant to the Environmental Protection Trust
5273+11 Fund Act. The Agency is hereby designated as the State agency
5274+12 for all purposes of administering the requirements of Section
5275+13 313 of the federal Emergency Planning and Community
5276+14 Right-to-Know Act of 1986.
5277+15 Any municipality, sanitary district, or other political
5278+16 subdivision, or any Agency of the State or interstate Agency,
5279+17 which makes application for loans or grants under such federal
5280+18 Acts shall notify the Agency of such application; the Agency
5281+19 may participate in proceedings under such federal Acts.
5282+20 (m) The Agency shall have authority, consistent with
5283+21 Section 5(c) and other provisions of this Act, and for
5284+22 purposes of Section 303(e) of the Federal Water Pollution
5285+23 Control Act, as now or hereafter amended, to engage in
5286+24 planning processes and activities and to develop plans in
5287+25 cooperation with units of local government, state agencies and
5288+26 officers, and other appropriate persons in connection with the
5289+
5290+
5291+
5292+
5293+
5294+ HB5601 Enrolled - 150 - LRB103 38592 MXP 68728 b
5295+
5296+
5297+HB5601 Enrolled- 151 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 151 - LRB103 38592 MXP 68728 b
5298+ HB5601 Enrolled - 151 - LRB103 38592 MXP 68728 b
5299+1 jurisdiction or duties of each such unit, agency, officer or
5300+2 person. Public hearings shall be held on the planning process,
5301+3 at which any person shall be permitted to appear and be heard,
5302+4 pursuant to procedural regulations promulgated by the Agency.
5303+5 (n) In accordance with the powers conferred upon the
5304+6 Agency by Sections 10(g), 13(b), 19, 22(d) and 25 of this Act,
5305+7 the Agency shall have authority to establish and enforce
5306+8 minimum standards for the operation of laboratories relating
5307+9 to analyses and laboratory tests for air pollution, water
5308+10 pollution, noise emissions, contaminant discharges onto land
5309+11 and sanitary, chemical, and mineral quality of water
5310+12 distributed by a public water supply. The Agency may enter
5311+13 into formal working agreements with other departments or
5312+14 agencies of state government under which all or portions of
5313+15 this authority may be delegated to the cooperating department
5314+16 or agency.
5315+17 (o) The Agency shall have the authority to issue
5316+18 certificates of competency to persons and laboratories meeting
5317+19 the minimum standards established by the Agency in accordance
5318+20 with Section 4(n) of this Act and to promulgate and enforce
5319+21 regulations relevant to the issuance and use of such
5320+22 certificates. The Agency may enter into formal working
5321+23 agreements with other departments or agencies of state
5322+24 government under which all or portions of this authority may
5323+25 be delegated to the cooperating department or agency.
5324+26 (p) Except as provided in Section 17.7, the Agency shall
5325+
5326+
5327+
5328+
5329+
5330+ HB5601 Enrolled - 151 - LRB103 38592 MXP 68728 b
5331+
5332+
5333+HB5601 Enrolled- 152 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 152 - LRB103 38592 MXP 68728 b
5334+ HB5601 Enrolled - 152 - LRB103 38592 MXP 68728 b
5335+1 have the duty to analyze samples as required from each public
5336+2 water supply to determine compliance with the contaminant
5337+3 levels specified by the Pollution Control Board. The maximum
5338+4 number of samples which the Agency shall be required to
5339+5 analyze for microbiological quality shall be 6 per month, but
5340+6 the Agency may, at its option, analyze a larger number each
5341+7 month for any supply. Results of sample analyses for
5342+8 additional required bacteriological testing, turbidity,
5343+9 residual chlorine and radionuclides are to be provided to the
5344+10 Agency in accordance with Section 19. Owners of water supplies
5345+11 may enter into agreements with the Agency to provide for
5346+12 reduced Agency participation in sample analyses.
5347+13 (q) The Agency shall have the authority to provide notice
5348+14 to any person who may be liable pursuant to Section 22.2(f) of
5349+15 this Act for a release or a substantial threat of a release of
5350+16 a hazardous substance or pesticide. Such notice shall include
5351+17 the identified response action and an opportunity for such
5352+18 person to perform the response action.
5353+19 (r) The Agency may enter into written delegation
5354+20 agreements with any unit of local government under which it
5355+21 may delegate all or portions of its inspecting, investigating
5356+22 and enforcement functions. Such delegation agreements shall
5357+23 require that work performed thereunder be in accordance with
5358+24 Agency criteria and subject to Agency review. Notwithstanding
5359+25 any other provision of law to the contrary, no unit of local
5360+26 government shall be liable for any injury resulting from the
5361+
5362+
5363+
5364+
5365+
5366+ HB5601 Enrolled - 152 - LRB103 38592 MXP 68728 b
5367+
5368+
5369+HB5601 Enrolled- 153 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 153 - LRB103 38592 MXP 68728 b
5370+ HB5601 Enrolled - 153 - LRB103 38592 MXP 68728 b
5371+1 exercise of its authority pursuant to such a delegation
5372+2 agreement unless the injury is proximately caused by the
5373+3 willful and wanton negligence of an agent or employee of the
5374+4 unit of local government, and any policy of insurance coverage
5375+5 issued to a unit of local government may provide for the denial
5376+6 of liability and the nonpayment of claims based upon injuries
5377+7 for which the unit of local government is not liable pursuant
5378+8 to this subsection (r).
5379+9 (s) The Agency shall have authority to take whatever
5380+10 preventive or corrective action is necessary or appropriate,
5381+11 including but not limited to expenditure of monies
5382+12 appropriated from the Build Illinois Bond Fund for removal or
5383+13 remedial action, whenever any hazardous substance or pesticide
5384+14 is released or there is a substantial threat of such a release
5385+15 into the environment. The State, the Director, and any State
5386+16 employee shall be indemnified for any damages or injury
5387+17 arising out of or resulting from any action taken under this
5388+18 subsection. The Director of the Agency is authorized to enter
5389+19 into such contracts and agreements as are necessary to carry
5390+20 out the Agency's duties under this subsection.
5391+21 (t) The Agency shall have authority to distribute grants,
5392+22 subject to appropriation by the General Assembly, to units of
5393+23 local government for financing and construction of wastewater
5394+24 facilities in both incorporated and unincorporated areas. With
5395+25 respect to all monies appropriated from the Build Illinois
5396+26 Bond Fund for wastewater facility grants, the Agency shall
5397+
5398+
5399+
5400+
5401+
5402+ HB5601 Enrolled - 153 - LRB103 38592 MXP 68728 b
5403+
5404+
5405+HB5601 Enrolled- 154 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 154 - LRB103 38592 MXP 68728 b
5406+ HB5601 Enrolled - 154 - LRB103 38592 MXP 68728 b
5407+1 make distributions in conformity with the rules and
5408+2 regulations established pursuant to the Anti-Pollution Bond
5409+3 Act (now repealed) or the General Obligation Bond Act , as now
5410+4 or hereafter amended.
5411+5 (u) Pursuant to the Illinois Administrative Procedure Act,
5412+6 the Agency shall have the authority to adopt such rules as are
5413+7 necessary or appropriate for the Agency to implement Section
5414+8 31.1 of this Act.
5415+9 (v) (Blank.)
5416+10 (w) Neither the State, nor the Director, nor the Board,
5417+11 nor any State employee shall be liable for any damages or
5418+12 injury arising out of or resulting from any action taken under
5419+13 subsection (s).
5420+14 (x)(1) The Agency shall have authority to distribute
5421+15 grants, subject to appropriation by the General Assembly, to
5422+16 units of local government for financing and construction of
5423+17 public water supply facilities. With respect to all monies
5424+18 appropriated from the Build Illinois Bond Fund for public
5425+19 water supply grants, such grants shall be made in accordance
5426+20 with rules promulgated by the Agency. Such rules shall include
5427+21 a requirement for a local match of 30% of the total project
5428+22 cost for projects funded through such grants.
5429+23 (2) The Agency shall not terminate a grant to a unit of
5430+24 local government for the financing and construction of public
5431+25 water supply facilities unless and until the Agency adopts
5432+26 rules that set forth precise and complete standards, pursuant
5433+
5434+
5435+
5436+
5437+
5438+ HB5601 Enrolled - 154 - LRB103 38592 MXP 68728 b
5439+
5440+
5441+HB5601 Enrolled- 155 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 155 - LRB103 38592 MXP 68728 b
5442+ HB5601 Enrolled - 155 - LRB103 38592 MXP 68728 b
5443+1 to Section 5-20 of the Illinois Administrative Procedure Act,
5444+2 for the termination of such grants. The Agency shall not make
5445+3 determinations on whether specific grant conditions are
5446+4 necessary to ensure the integrity of a project or on whether
5447+5 subagreements shall be awarded, with respect to grants for the
5448+6 financing and construction of public water supply facilities,
5449+7 unless and until the Agency adopts rules that set forth
5450+8 precise and complete standards, pursuant to Section 5-20 of
5451+9 the Illinois Administrative Procedure Act, for making such
5452+10 determinations. The Agency shall not issue a stop-work order
5453+11 in relation to such grants unless and until the Agency adopts
5454+12 precise and complete standards, pursuant to Section 5-20 of
5455+13 the Illinois Administrative Procedure Act, for determining
5456+14 whether to issue a stop-work order.
5457+15 (y) The Agency shall have authority to release any person
5458+16 from further responsibility for preventive or corrective
5459+17 action under this Act following successful completion of
5460+18 preventive or corrective action undertaken by such person upon
5461+19 written request by the person.
5462+20 (z) To the extent permitted by any applicable federal law
5463+21 or regulation, for all work performed for State construction
5464+22 projects which are funded in whole or in part by a capital
5465+23 infrastructure bill enacted by the 96th General Assembly by
5466+24 sums appropriated to the Environmental Protection Agency, at
5467+25 least 50% of the total labor hours must be performed by actual
5468+26 residents of the State of Illinois. For purposes of this
5469+
5470+
5471+
5472+
5473+
5474+ HB5601 Enrolled - 155 - LRB103 38592 MXP 68728 b
5475+
5476+
5477+HB5601 Enrolled- 156 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 156 - LRB103 38592 MXP 68728 b
5478+ HB5601 Enrolled - 156 - LRB103 38592 MXP 68728 b
5479+1 subsection, "actual residents of the State of Illinois" means
5480+2 persons domiciled in the State of Illinois. The Department of
5481+3 Labor shall promulgate rules providing for the enforcement of
5482+4 this subsection.
5483+5 (aa) The Agency may adopt rules requiring the electronic
5484+6 submission of any information required to be submitted to the
5485+7 Agency pursuant to any State or federal law or regulation or
5486+8 any court or Board order. Any rules adopted under this
5487+9 subsection (aa) must include, but are not limited to,
5488+10 identification of the information to be submitted
5489+11 electronically.
5490+12 (Source: P.A. 102-1071, eff. 6-10-22; 102-1115, eff. 1-9-23.)
5491+13 Section 15-70. The Illinois Highway Code is amended by
5492+14 changing Section 3-107 as follows:
5493+15 (605 ILCS 5/3-107) (from Ch. 121, par. 3-107)
5494+16 Sec. 3-107. Whenever in the judgment of the Department it
5495+17 is necessary as an incident to the construction of a project on
5496+18 the National System of Interstate and Defense Highways,
5497+19 including extensions thereof within urban areas, or any State
5498+20 highway constructed under the provisions of Section 2 of the
5499+21 "Transportation Bond Act (now repealed) or Section 4 of the
5500+22 General Obligation Bond Act ", approved July 2, 1971, as now or
5501+23 hereafter amended, to relocate utility facilities, wherever
5502+24 located and whenever constructed, the cost of such relocation
5503+
5504+
5505+
5506+
5507+
5508+ HB5601 Enrolled - 156 - LRB103 38592 MXP 68728 b
5509+
5510+
5511+HB5601 Enrolled- 157 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 157 - LRB103 38592 MXP 68728 b
5512+ HB5601 Enrolled - 157 - LRB103 38592 MXP 68728 b
5513+1 may be deemed to be one of the costs of constructing such
5514+2 project and the Department may, on behalf of the State, pay
5515+3 such costs. For the purposes of this Section, the term
5516+4 "utility" includes publicly, municipally, privately, and
5517+5 cooperatively owned utilities; the term "cost of such
5518+6 relocation" includes the entire amount paid by such utility
5519+7 properly attributable to such relocation after deducting
5520+8 therefrom any increase in the value of the new facility and any
5521+9 salvage value derived from the old facility; and the term
5522+10 "National System of Interstate and Defense Highways" includes
5523+11 any highway which now is or shall hereafter be a part of the
5524+12 National System of Interstate and Defense Highways, as
5525+13 provided in the Federal Aid Highway Act of 1956, and any acts
5526+14 supplemental thereto or amendatory thereof.
5527+15 (Source: P.A. 77-2752.)
5528+16 Article 99.
5529+17 Section 99-99. Effective date. This Act takes effect upon
5530+18 becoming law.
5531+HB5601 Enrolled- 158 -LRB103 38592 MXP 68728 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 375/11from Ch. 127, par. 5314 20 ILCS 105/4.01from Ch. 23, par. 6104.015 20 ILCS 687/6-36 20 ILCS 1135/Act rep.7 20 ILCS 1345/4.58 20 ILCS 1705/18.49 20 ILCS 1705/18.510 20 ILCS 2905/2.711 20 ILCS 3405/16from Ch. 127, par. 271612 20 ILCS 3435/5from Ch. 127, par. 133c513 30 ILCS 105/5from Ch. 127, par. 14114 30 ILCS 105/6z-8215 30 ILCS 105/8.8afrom Ch. 127, par. 144.8a16 30 ILCS 105/5.544 rep.17 30 ILCS 105/5.668 rep.18 30 ILCS 105/5.709 rep.19 30 ILCS 105/5.795 rep.20 30 ILCS 105/6p-3 rep.21 30 ILCS 145/Act rep.22 30 ILCS 175/Act rep.23 30 ILCS 190/Act rep.24 30 ILCS 255/2from Ch. 127, par. 176c25 30 ILCS 750/Art. 2 rep. HB5601 Enrolled- 159 -LRB103 38592 MXP 68728 b 1 105 ILCS 5/27-12.1from Ch. 122, par. 27-12.12 225 ILCS 427/653 225 ILCS 441/15-54 225 ILCS 441/25-55 310 ILCS 65/3from Ch. 67 1/2, par. 12536 310 ILCS 65/7from Ch. 67 1/2, par. 12577 310 ILCS 65/5.5 rep.8 310 ILCS 65/8.5 rep.9 410 ILCS 315/2b rep.10 415 ILCS 5/58.1511 420 ILCS 40/35from Ch. 111 1/2, par. 210-3512 425 ILCS 25/13.1from Ch. 127 1/2, par. 17.113 625 ILCS 5/3-62614 710 ILCS 40/10 rep.15 730 ILCS 5/3-4-1from Ch. 38, par. 1003-4-116 730 ILCS 5/3-2-2.1 rep.17 730 ILCS 150/1118 15 ILCS 20/50-2519 20 ILCS 701/2020 20 ILCS 701/4021 20 ILCS 1305/10-63 rep.22 20 ILCS 2335/Act rep.23 20 ILCS 2805/2.07from Ch. 126 1/2, par. 67.0724 20 ILCS 2805/2.1325 20 ILCS 3005/5.1from Ch. 127, par. 41526 25 ILCS 130/4-2.1 HB5601 Enrolled- 160 -LRB103 38592 MXP 68728 b HB5601 Enrolled- 158 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 158 - LRB103 38592 MXP 68728 b 1 INDEX 2 Statutes amended in order of appearance 3 5 ILCS 375/11 from Ch. 127, par. 531 4 20 ILCS 105/4.01 from Ch. 23, par. 6104.01 5 20 ILCS 687/6-3 6 20 ILCS 1135/Act rep. 7 20 ILCS 1345/4.5 8 20 ILCS 1705/18.4 9 20 ILCS 1705/18.5 10 20 ILCS 2905/2.7 11 20 ILCS 3405/16 from Ch. 127, par. 2716 12 20 ILCS 3435/5 from Ch. 127, par. 133c5 13 30 ILCS 105/5 from Ch. 127, par. 141 14 30 ILCS 105/6z-82 15 30 ILCS 105/8.8a from Ch. 127, par. 144.8a 16 30 ILCS 105/5.544 rep. 17 30 ILCS 105/5.668 rep. 18 30 ILCS 105/5.709 rep. 19 30 ILCS 105/5.795 rep. 20 30 ILCS 105/6p-3 rep. 21 30 ILCS 145/Act rep. 22 30 ILCS 175/Act rep. 23 30 ILCS 190/Act rep. 24 30 ILCS 255/2 from Ch. 127, par. 176c 25 30 ILCS 750/Art. 2 rep. HB5601 Enrolled- 159 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 159 - LRB103 38592 MXP 68728 b 1 105 ILCS 5/27-12.1 from Ch. 122, par. 27-12.1 2 225 ILCS 427/65 3 225 ILCS 441/15-5 4 225 ILCS 441/25-5 5 310 ILCS 65/3 from Ch. 67 1/2, par. 1253 6 310 ILCS 65/7 from Ch. 67 1/2, par. 1257 7 310 ILCS 65/5.5 rep. 8 310 ILCS 65/8.5 rep. 9 410 ILCS 315/2b rep. 10 415 ILCS 5/58.15 11 420 ILCS 40/35 from Ch. 111 1/2, par. 210-35 12 425 ILCS 25/13.1 from Ch. 127 1/2, par. 17.1 13 625 ILCS 5/3-626 14 710 ILCS 40/10 rep. 15 730 ILCS 5/3-4-1 from Ch. 38, par. 1003-4-1 16 730 ILCS 5/3-2-2.1 rep. 17 730 ILCS 150/11 18 15 ILCS 20/50-25 19 20 ILCS 701/20 20 20 ILCS 701/40 21 20 ILCS 1305/10-63 rep. 22 20 ILCS 2335/Act rep. 23 20 ILCS 2805/2.07 from Ch. 126 1/2, par. 67.07 24 20 ILCS 2805/2.13 25 20 ILCS 3005/5.1 from Ch. 127, par. 415 26 25 ILCS 130/4-2.1 HB5601 Enrolled- 160 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 160 - LRB103 38592 MXP 68728 b
5532+HB5601 Enrolled- 158 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 158 - LRB103 38592 MXP 68728 b
5533+ HB5601 Enrolled - 158 - LRB103 38592 MXP 68728 b
5534+1 INDEX
5535+2 Statutes amended in order of appearance
5536+3 5 ILCS 375/11 from Ch. 127, par. 531
5537+4 20 ILCS 105/4.01 from Ch. 23, par. 6104.01
5538+5 20 ILCS 687/6-3
5539+6 20 ILCS 1135/Act rep.
5540+7 20 ILCS 1345/4.5
5541+8 20 ILCS 1705/18.4
5542+9 20 ILCS 1705/18.5
5543+10 20 ILCS 2905/2.7
5544+11 20 ILCS 3405/16 from Ch. 127, par. 2716
5545+12 20 ILCS 3435/5 from Ch. 127, par. 133c5
5546+13 30 ILCS 105/5 from Ch. 127, par. 141
5547+14 30 ILCS 105/6z-82
5548+15 30 ILCS 105/8.8a from Ch. 127, par. 144.8a
5549+16 30 ILCS 105/5.544 rep.
5550+17 30 ILCS 105/5.668 rep.
5551+18 30 ILCS 105/5.709 rep.
5552+19 30 ILCS 105/5.795 rep.
5553+20 30 ILCS 105/6p-3 rep.
5554+21 30 ILCS 145/Act rep.
5555+22 30 ILCS 175/Act rep.
5556+23 30 ILCS 190/Act rep.
5557+24 30 ILCS 255/2 from Ch. 127, par. 176c
5558+25 30 ILCS 750/Art. 2 rep.
5559+HB5601 Enrolled- 159 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 159 - LRB103 38592 MXP 68728 b
5560+ HB5601 Enrolled - 159 - LRB103 38592 MXP 68728 b
5561+1 105 ILCS 5/27-12.1 from Ch. 122, par. 27-12.1
5562+2 225 ILCS 427/65
5563+3 225 ILCS 441/15-5
5564+4 225 ILCS 441/25-5
5565+5 310 ILCS 65/3 from Ch. 67 1/2, par. 1253
5566+6 310 ILCS 65/7 from Ch. 67 1/2, par. 1257
5567+7 310 ILCS 65/5.5 rep.
5568+8 310 ILCS 65/8.5 rep.
5569+9 410 ILCS 315/2b rep.
5570+10 415 ILCS 5/58.15
5571+11 420 ILCS 40/35 from Ch. 111 1/2, par. 210-35
5572+12 425 ILCS 25/13.1 from Ch. 127 1/2, par. 17.1
5573+13 625 ILCS 5/3-626
5574+14 710 ILCS 40/10 rep.
5575+15 730 ILCS 5/3-4-1 from Ch. 38, par. 1003-4-1
5576+16 730 ILCS 5/3-2-2.1 rep.
5577+17 730 ILCS 150/11
5578+18 15 ILCS 20/50-25
5579+19 20 ILCS 701/20
5580+20 20 ILCS 701/40
5581+21 20 ILCS 1305/10-63 rep.
5582+22 20 ILCS 2335/Act rep.
5583+23 20 ILCS 2805/2.07 from Ch. 126 1/2, par. 67.07
5584+24 20 ILCS 2805/2.13
5585+25 20 ILCS 3005/5.1 from Ch. 127, par. 415
5586+26 25 ILCS 130/4-2.1
5587+HB5601 Enrolled- 160 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 160 - LRB103 38592 MXP 68728 b
5588+ HB5601 Enrolled - 160 - LRB103 38592 MXP 68728 b
5589+
5590+
5591+
5592+
5593+
5594+ HB5601 Enrolled - 157 - LRB103 38592 MXP 68728 b
5595+
5596+
5597+
5598+HB5601 Enrolled- 158 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 158 - LRB103 38592 MXP 68728 b
5599+ HB5601 Enrolled - 158 - LRB103 38592 MXP 68728 b
5600+1 INDEX
5601+2 Statutes amended in order of appearance
5602+3 5 ILCS 375/11 from Ch. 127, par. 531
5603+4 20 ILCS 105/4.01 from Ch. 23, par. 6104.01
5604+5 20 ILCS 687/6-3
5605+6 20 ILCS 1135/Act rep.
5606+7 20 ILCS 1345/4.5
5607+8 20 ILCS 1705/18.4
5608+9 20 ILCS 1705/18.5
5609+10 20 ILCS 2905/2.7
5610+11 20 ILCS 3405/16 from Ch. 127, par. 2716
5611+12 20 ILCS 3435/5 from Ch. 127, par. 133c5
5612+13 30 ILCS 105/5 from Ch. 127, par. 141
5613+14 30 ILCS 105/6z-82
5614+15 30 ILCS 105/8.8a from Ch. 127, par. 144.8a
5615+16 30 ILCS 105/5.544 rep.
5616+17 30 ILCS 105/5.668 rep.
5617+18 30 ILCS 105/5.709 rep.
5618+19 30 ILCS 105/5.795 rep.
5619+20 30 ILCS 105/6p-3 rep.
5620+21 30 ILCS 145/Act rep.
5621+22 30 ILCS 175/Act rep.
5622+23 30 ILCS 190/Act rep.
5623+24 30 ILCS 255/2 from Ch. 127, par. 176c
5624+25 30 ILCS 750/Art. 2 rep.
5625+
5626+
5627+
5628+
5629+
5630+ HB5601 Enrolled - 158 - LRB103 38592 MXP 68728 b
5631+
5632+
5633+HB5601 Enrolled- 159 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 159 - LRB103 38592 MXP 68728 b
5634+ HB5601 Enrolled - 159 - LRB103 38592 MXP 68728 b
5635+1 105 ILCS 5/27-12.1 from Ch. 122, par. 27-12.1
5636+2 225 ILCS 427/65
5637+3 225 ILCS 441/15-5
5638+4 225 ILCS 441/25-5
5639+5 310 ILCS 65/3 from Ch. 67 1/2, par. 1253
5640+6 310 ILCS 65/7 from Ch. 67 1/2, par. 1257
5641+7 310 ILCS 65/5.5 rep.
5642+8 310 ILCS 65/8.5 rep.
5643+9 410 ILCS 315/2b rep.
5644+10 415 ILCS 5/58.15
5645+11 420 ILCS 40/35 from Ch. 111 1/2, par. 210-35
5646+12 425 ILCS 25/13.1 from Ch. 127 1/2, par. 17.1
5647+13 625 ILCS 5/3-626
5648+14 710 ILCS 40/10 rep.
5649+15 730 ILCS 5/3-4-1 from Ch. 38, par. 1003-4-1
5650+16 730 ILCS 5/3-2-2.1 rep.
5651+17 730 ILCS 150/11
5652+18 15 ILCS 20/50-25
5653+19 20 ILCS 701/20
5654+20 20 ILCS 701/40
5655+21 20 ILCS 1305/10-63 rep.
5656+22 20 ILCS 2335/Act rep.
5657+23 20 ILCS 2805/2.07 from Ch. 126 1/2, par. 67.07
5658+24 20 ILCS 2805/2.13
5659+25 20 ILCS 3005/5.1 from Ch. 127, par. 415
5660+26 25 ILCS 130/4-2.1
5661+
5662+
5663+
5664+
5665+
5666+ HB5601 Enrolled - 159 - LRB103 38592 MXP 68728 b
5667+
5668+
5669+HB5601 Enrolled- 160 -LRB103 38592 MXP 68728 b HB5601 Enrolled - 160 - LRB103 38592 MXP 68728 b
5670+ HB5601 Enrolled - 160 - LRB103 38592 MXP 68728 b
5671+
5672+
5673+
5674+
5675+
5676+ HB5601 Enrolled - 160 - LRB103 38592 MXP 68728 b