Sen. Elgie R. Sims, Jr.

Filed: 5/26/2024

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1 AMENDMENT TO HOUSE BILL 4959

2 AMENDMENT NO. ______. Amend House Bill 4959, AS AMENDED,

3 by replacing everything after the enacting clause with the

4 following:

5 "Article 1.

6 Section 1-1. Short Title. This Act may be cited as the

7 Fiscal Year 2025 Budget Implementation Act.

8 Section 1-5. Purpose. It is the purpose of this Act to make

9 changes in State programs that are necessary to implement the

10 State budget for Fiscal Year 2025.

11 Article 2.

12 Section 2-1. Short title. This Act may be cited as the

13 Pretrial Success Act. References in this Article to "this Act"

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1 mean this Article.

2 Section 2-5. Intent; purposes. This Act creates a

3 comprehensive approach to ensuring pretrial success, justice,

4 and individual and communal well-being. The Act minimizes the

5 number of people detained pretrial by ensuring access to

6 community-based pretrial supports and services.

7 Section 2-10. Definitions. As used in this Act:

8 "Case management" means assessment, planning,

9 coordination, and advocacy services for individuals who need

10 multiple services and require assistance in gaining access to

11 and in using behavioral health, physical health, social,

12 vocational, educational, housing, public income entitlements

13 and other community services to assist the individual in the

14 community. "Case management" may also include identifying and

15 investigating available resources, explaining options to the

16 individual, and linking the individual with necessary

17 resources.

18 "Community-based pretrial supports and services" means

19 voluntary services provided in the community to an individual

20 charged with a criminal offense who has been granted pretrial

21 release. Community-based pretrial supports and services shall

22 be trauma-informed, culturally competent, and designed and

23 delivered according to best practice standards to maximize

24 pretrial success.

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1 "Court stakeholders" means Judges, State's Attorneys,

2 defense attorneys including Public Defenders, Sheriffs, police

3 departments, and any other individuals, agencies, or offices

4 or their employees involved in pretrial criminal court

5 proceedings.

6 "Department" means the Department of Human Services.

7 "Detoxification" means the process of withdrawing a person

8 from a specific psychoactive substance in a safe and effective

9 manner.

10 "Eligible participant" means an Illinois resident charged

11 with a criminal offense who has been granted pretrial release.

12 "Medication assisted treatment" means the prescription of

13 medications that are approved by the U.S. Food and Drug

14 Administration and the Center for Substance Abuse Treatment to

15 assist with treatment for a substance use disorder and to

16 support recovery for individuals receiving services in a

17 facility licensed by the Department. Medication assisted

18 treatment includes opioid treatment services as authorized by

19 a Department license.

20 "Pretrial success" means ensuring court appearances and

21 reducing subsequent involvement with the criminal-legal

22 system.

23 "Service area" means a judicial circuit or group of

24 judicial circuits.

25 Section 2-15. Findings. The General Assembly finds that:

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1 (1) The Pretrial Fairness Act defines when an arrested

2 person can be denied pretrial release and prohibits the

3 imposition of financial conditions for release by

4 abolishing money bond. This prevents the pretrial

5 detention of many arrested individuals with mental health

6 or substance use disorders or others who could benefit

7 from community-based supports and services.

8 (2) Because people awaiting trial are legally presumed

9 innocent, the Illinois Supreme Court Commission on

10 Pretrial Practices recommends, consistent with national

11 best practices, that "conditions and supervision shall not

12 mandate rehabilitative services (substance abuse, mental

13 health, partner abuse intervention programs, etc.) unless

14 the court finds them to be a risk factor directly related

15 to further criminal behavior and failure to appear at

16 court hearings. The inability to pay for such

17 court-ordered services shall not interfere with release."

18 (3) Research shows that mental health and substance

19 use disorder services, including treatment, are generally

20 most effective when participation is voluntary and access

21 is assured.

22 (4) Communities throughout Illinois have significant

23 gaps in the availability of mental health and substance

24 use disorder services and other community-based pretrial

25 supports and services.

26 (5) If services are available, navigating complicated

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1 systems can be a barrier to access and success. Services

2 are most effective if they are coordinated with but not

3 duplicative of other programs such as those funded under

4 the Reimagine Public Safety Act.

5 (6) Community-based pretrial supports and services are

6 most effective when delivered by organizations trusted

7 within the community and developed with the input of

8 community members, including those directly impacted by

9 the criminal-legal system.

10 Section 2-20. Grant making authority.

11 (a) The Department of Human Services shall have

12 grant-making, operational, and procurement authority to

13 distribute funds to local government health and human services

14 agencies, community-based organizations, and other entities

15 necessary to execute the functions established in this Act.

16 (b) Subject to appropriation, the Department shall issue

17 grants to local governmental agencies and community-based

18 organizations to maximize pretrial success each year. Grants

19 shall be awarded no later than January 1, 2025. Grants in

20 subsequent years shall be issued on or before September 1 of

21 the relevant fiscal year and shall allow for pre-award

22 expenditures beginning July 1 of the relevant fiscal year.

23 (c) Beginning in fiscal year 2028 and subject to

24 appropriation, grants shall be awarded for a project period of

25 3 years, contingent on Department requirements for reporting

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1 and successful performance.

2 (d) The Department shall ensure that grants awarded under

3 this Act do not duplicate or supplant grants awarded under the

4 Reimagine Public Safety Act.

5 Section 2-25. Community-based pretrial supports and

6 services.

7 (a) Subject to appropriation, the Department shall make

8 grants to organizations for community-based pretrial supports

9 and services.

10 (b) The Department shall issue grants to at least one

11 organization in each of the service areas and no more than 3

12 organizations in each of the service areas with the exception

13 of service areas with a population exceeding 2,000,000. The

14 Department shall issue grants to at least one organization and

15 no more than 10 organizations in service areas with a

16 population exceeding 2,000,000. In fiscal year 2025, each

17 grant shall be for no less than $100,000 and no more than

18 $300,000. In subsequent years, each grant shall be for no less

19 than $100,000 and no more than $500,000 per organization. An

20 organization may receive grants in more than one service area.

21 (c) Organizations receiving grants under this Act shall

22 coordinate services with other organizations and court

23 stakeholders in their service area. Organizations receiving

24 grants under this Act shall coordinate services with the

25 Office of Statewide Pretrial Services to the extent that it

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1 operates in their service area.

2 (d) Organizations receiving grants under this Act shall

3 establish eligibility criteria for services. Organizations

4 receiving grants under this Act shall be required to accept

5 referrals of eligible participants from court stakeholders.

6 Organizations receiving grants under this Act may accept

7 referrals of eligible participants from other sources

8 including self-referrals.

9 (e) An eligible participant shall not be ordered to

10 receive services funded by a grant under this Act unless the

11 person has undergone a validated clinical assessment and the

12 clinical treatment plan includes such services. "Validated

13 clinical assessment" and "clinical treatment plan" have the

14 meanings ascribed to them in Section 10 of the Drug Court

15 Treatment Act.

16 (f) Organizations receiving grants under this Act shall

17 provide the following services directly or through subgrants

18 to other organizations:

19 (1) case management for mental health and substance

20 use disorders;

21 (2) detoxification or referral to detoxification when

22 clinically indicated and available in the community;

23 (3) medication assisted treatment or referral to

24 medication assisted treatment when clinically indicated

25 and available in the community;

26 (4) child care to remove barriers to court

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1 appearances; and

2 (5) transportation to court appearances if not

3 available through the Office of Statewide Pretrial

4 Services or other court stakeholders.

5 (g) Organizations receiving grants under this Act may

6 provide the following services directly or through subgrants

7 to other organizations:

8 (1) Behavioral health services, including harm

9 reduction services, clinical interventions, crisis

10 interventions, and group counseling supports, such as peer

11 support groups, social-emotional learning supports,

12 including skill building for anger management,

13 de-escalation, sensory stabilization, coping strategies,

14 and thoughtful decision-making, short-term clinical

15 individual sessions, and motivational interviewing.

16 (2) Other services necessary to promote pretrial

17 success, as determined by the organization and approved by

18 the Department.

19 (h) Organizations receiving grants under this Act shall

20 ensure that services are accessible to individuals with

21 disabilities and to individuals with limited English

22 proficiency. Organizations receiving grants under this Act

23 shall not deny services to individuals on the basis of

24 immigration status or gender identity.

25 (i) No statement or other disclosure, written or

26 otherwise, made by an eligible participant to an employee of

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1 an organization receiving a grant under this Act may be used by

2 the prosecution to prove any crime or offense alleged in the

3 pending case.

4 (j) The Department shall encourage organizations receiving

5 grants under this Act to employ individuals with personal

6 experience with being charged with a felony offense. No later

7 than when grants are first issued under this Act, the

8 Department shall create and execute a Background Check Waiver

9 Process, limiting the disqualifying offenses, for employees

10 who provide services under this Act.

11 (k) Organizations receiving funds under this Act may

12 utilize up to 5% of awarded grant funds to raise awareness of

13 community-based pretrial supports and services.

14 Section 2-30. Service areas.

15 (a) Each judicial circuit with a population of at least

16 500,000 constitutes a service area. Each judicial circuit with

17 a population of less than 500,000 shall be combined with at

18 least one other geographically contiguous judicial circuit to

19 constitute a service area with a population of at least

20 500,000.

21 (b) Resources for each service area shall be distributed

22 based on maximizing the total potential pretrial success.

23 Subject to appropriation, the minimum total annual grant

24 amount awarded in each service area shall be $300,000. In

25 determining the distribution of resources to service areas,

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1 the Department shall consider the following factors:

2 (1) service area population and poverty level;

3 (2) the geographic size of a service area;

4 (3) the average number of people charged with felony

5 offenses each year;

6 (4) the number of people incarcerated in the past

7 because of their inability to afford payment of money

8 bond; and

9 (5) level of Office of Statewide Pretrial Services

10 programming in the counties in the service area.

11 (c) In fiscal year 2025, the Department shall award grants

12 in one service area in each Department region. In subsequent

13 years, the Department shall award grants in all service areas,

14 subject to appropriation.

15 Section 2-35. Local advisory councils.

16 (a) Subject to appropriation, and no later than July 1,

17 2025, the Department shall create local advisory councils for

18 each of the service areas for the purpose of obtaining

19 recommendations on how to distribute funds in these areas to

20 maximize pretrial success. Local advisory councils shall

21 consist of no fewer than 5 members. At least 40% of members

22 shall have personal experience with being charged with a

23 felony offense in Illinois. At least 20% of members shall have

24 personal experience with a family member being charged with a

25 felony offense in Illinois. Members of the local advisory

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1 councils shall serve without compensation except those

2 designated as individuals with personal experience may receive

3 stipends as compensation for their time.

4 (b) The Department shall provide data to each local

5 advisory council on the characteristics of the service area

6 and the availability of community-based pretrial supports and

7 services. The Department shall also provide best available

8 evidence on how to maximize pretrial success.

9 (c) Each local advisory council shall make recommendations

10 on how to allocate distributed resources and desired goals for

11 its service area based on information provided to them by the

12 Department.

13 (d) Beginning in fiscal year 2026, the Department shall

14 consider the recommendations and determine how to distribute

15 funds through grants to community-based organizations and

16 local governments. To the extent the Department does not

17 follow a local advisory council's recommendation on allocation

18 of funds, the Department shall explain in writing why a

19 different allocation of resources is more likely to maximize

20 pretrial success in the service area.

21 Section 2-40. Medicaid services.

22 (a) Funds awarded under this Act may be used for

23 behavioral health services until July 1, 2027.

24 (b) Any organization being reimbursed from funds awarded

25 under this Act for behavioral health services must also file a

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1 plan to become Medicaid certified for behavioral health

2 services under the Illinois Medicaid program on or before July

3 1, 2027.

4 Section 2-45. Evaluation.

5 (a) The Department shall issue a report to the General

6 Assembly no later than January 1 of each year beginning at

7 least 12 months after grants are first issued under this Act.

8 The report shall cover the previous fiscal year and identify

9 gaps in community-based pretrial supports and services in each

10 service area, explain the investments that are being made to

11 maximize pretrial success, and make further recommendations on

12 how to build community-based capacity for community-based

13 pretrial supports and services including mental health and

14 substance use disorder treatment.

15 (b) Beginning with the first report issued at least 24

16 months after grants are first issued under this Act, the

17 annual report shall include an evaluation of the effectiveness

18 of grants under this Act in maximizing pretrial success. The

19 Department shall use community-based participatory research

20 methods and ensure that the evaluation incorporates input from

21 individuals and organizations affected by the Act, including,

22 but not limited to, individuals with personal experience with

23 being charged with a felony offense in Illinois, individuals

24 with personal experience with a family member being charged

25 with a felony offense in Illinois, local government health and

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1 human services agencies, community-based organizations, and

2 court stakeholders. The evaluation should be conducted with

3 input from outside expert evaluators when possible.

4 (c) The Department shall consider findings from annual

5 reports and evaluations in developing subsequent years'

6 grantmaking processes, monitoring progress toward local

7 advisory councils' goals, and ensuring equity in the

8 grantmaking process.

9 Section 2-50. Rulemaking authority. The Department shall

10 adopt rules as are necessary to implement all elements of this

11 Act.

12 Article 3.

13 Section 3-2. The Illinois Administrative Procedure Act is

14 amended by adding Section 5-45.57 as follows:

15 (5 ILCS 100/5-45.57 new)

16 Sec. 5-45.57. Emergency rulemaking; rate increase for

17 direct support personnel and all frontline personnel. To

18 provide for the expeditious and timely implementation of the

19 changes made to Section 74 of the Mental Health and

20 Developmental Disabilities Administrative Act by this

21 amendatory Act of the 103rd General Assembly, emergency rules

22 implementing the changes made to Section 74 of the Mental

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1 Health and Developmental Disabilities Administrative Act by

2 this amendatory Act of the 103rd General Assembly may be

3 adopted in accordance with Section 5-45 by the Department of

4 Human Services. The adoption of emergency rules authorized by

5 Section 5-45 and this Section is deemed to be necessary for the

6 public interest, safety, and welfare.

7 This Section is repealed one year after the effective date

8 of this Section.

9 Section 3-3. The State Employees Group Insurance Act of

10 1971 is amended by changing Section 6.5 as follows:

11 (5 ILCS 375/6.5)

12 Sec. 6.5. Health benefits for TRS benefit recipients and

13 TRS dependent beneficiaries.

14 (a) Purpose. It is the purpose of this amendatory Act of

15 1995 to transfer the administration of the program of health

16 benefits established for benefit recipients and their

17 dependent beneficiaries under Article 16 of the Illinois

18 Pension Code to the Department of Central Management Services.

19 (b) Transition provisions. The Board of Trustees of the

20 Teachers' Retirement System shall continue to administer the

21 health benefit program established under Article 16 of the

22 Illinois Pension Code through December 31, 1995. Beginning

23 January 1, 1996, the Department of Central Management Services

24 shall be responsible for administering a program of health

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1 benefits for TRS benefit recipients and TRS dependent

2 beneficiaries under this Section. The Department of Central

3 Management Services and the Teachers' Retirement System shall

4 cooperate in this endeavor and shall coordinate their

5 activities so as to ensure a smooth transition and

6 uninterrupted health benefit coverage.

7 (c) Eligibility. All persons who were enrolled in the

8 Article 16 program at the time of the transfer shall be

9 eligible to participate in the program established under this

10 Section without any interruption or delay in coverage or

11 limitation as to pre-existing medical conditions. Eligibility

12 to participate shall be determined by the Teachers' Retirement

13 System. Eligibility information shall be communicated to the

14 Department of Central Management Services in a format

15 acceptable to the Department.

16 Eligible TRS benefit recipients may enroll or re-enroll in

17 the program of health benefits established under this Section

18 during any applicable annual open enrollment period and as

19 otherwise permitted by the Department of Central Management

20 Services. A TRS benefit recipient shall not be deemed

21 ineligible to participate solely by reason of the TRS benefit

22 recipient having made a previous election to disenroll or

23 otherwise not participate in the program of health benefits.

24 A TRS dependent beneficiary who is a child age 19 or over

25 and mentally or physically disabled does not become ineligible

26 to participate by reason of (i) becoming ineligible to be

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1 claimed as a dependent for Illinois or federal income tax

2 purposes or (ii) receiving earned income, so long as those

3 earnings are insufficient for the child to be fully

4 self-sufficient.

5 (d) Coverage. The level of health benefits provided under

6 this Section shall be similar to the level of benefits

7 provided by the program previously established under Article

8 16 of the Illinois Pension Code. For plan years that begin on

9 or after January 1, 2025, the health benefit program

10 established under this Section shall include health, dental,

11 and vision benefits.

12 Group life insurance benefits are not included in the

13 benefits to be provided to TRS benefit recipients and TRS

14 dependent beneficiaries under this Act.

15 The program of health benefits under this Section may

16 include any or all of the benefit limitations, including but

17 not limited to a reduction in benefits based on eligibility

18 for federal Medicare benefits, that are provided under

19 subsection (a) of Section 6 of this Act for other health

20 benefit programs under this Act.

21 (e) Insurance rates and premiums. The Director shall

22 determine the insurance rates and premiums for TRS benefit

23 recipients and TRS dependent beneficiaries, and shall present

24 to the Teachers' Retirement System of the State of Illinois,

25 by April 15 of each calendar year, the rate-setting

26 methodology (including but not limited to utilization levels

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1 and costs) used to determine the amount of the health care

2 premiums.

3 For Fiscal Year 1996, the premium shall be equal to

4 the premium actually charged in Fiscal Year 1995; in

5 subsequent years, the premium shall never be lower than

6 the premium charged in Fiscal Year 1995.

7 For Fiscal Year 2003, the premium shall not exceed

8 110% of the premium actually charged in Fiscal Year 2002.

9 For Fiscal Year 2004, the premium shall not exceed

10 112% of the premium actually charged in Fiscal Year 2003.

11 For Fiscal Year 2005, the premium shall not exceed a

12 weighted average of 106.6% of the premium actually charged

13 in Fiscal Year 2004.

14 For Fiscal Year 2006, the premium shall not exceed a

15 weighted average of 109.1% of the premium actually charged

16 in Fiscal Year 2005.

17 For Fiscal Year 2007, the premium shall not exceed a

18 weighted average of 103.9% of the premium actually charged

19 in Fiscal Year 2006.

20 For Fiscal Year 2008 and thereafter, the premium in

21 each fiscal year shall not exceed 105% of the premium

22 actually charged in the previous fiscal year.

23 In addition to the premium amount charged for the program

24 of health benefits, in the initial plan year in which the

25 dental and vision benefits are provided, an additional premium

26 of not more than $7.11 per month for each TRS benefit recipient

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1 and $28.43 per month for each TRS dependent beneficiary shall

2 be charged. The additional premium shall be used for the

3 purpose of financing the dental and vision benefits for TRS

4 benefit recipients and TRS dependent beneficiaries on and

5 after the effective date of this amendatory Act of the 103rd

6 General Assembly.

7 Rates and premiums may be based in part on age and

8 eligibility for federal medicare coverage. However, the cost

9 of participation for a TRS dependent beneficiary who is an

10 unmarried child age 19 or over and mentally or physically

11 disabled shall not exceed the cost for a TRS dependent

12 beneficiary who is an unmarried child under age 19 and

13 participates in the same major medical or managed care

14 program.

15 The cost of health benefits under the program shall be

16 paid as follows:

17 (1) For a TRS benefit recipient selecting a managed

18 care program, up to 75% of the total insurance rate shall

19 be paid from the Teacher Health Insurance Security Fund.

20 Effective with Fiscal Year 2007 and thereafter, for a TRS

21 benefit recipient selecting a managed care program, 75% of

22 the total insurance rate shall be paid from the Teacher

23 Health Insurance Security Fund.

24 (2) For a TRS benefit recipient selecting the major

25 medical coverage program, up to 50% of the total insurance

26 rate shall be paid from the Teacher Health Insurance

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1 Security Fund if a managed care program is accessible, as

2 determined by the Teachers' Retirement System. Effective

3 with Fiscal Year 2007 and thereafter, for a TRS benefit

4 recipient selecting the major medical coverage program,

5 50% of the total insurance rate shall be paid from the

6 Teacher Health Insurance Security Fund if a managed care

7 program is accessible, as determined by the Department of

8 Central Management Services.

9 (3) For a TRS benefit recipient selecting the major

10 medical coverage program, up to 75% of the total insurance

11 rate shall be paid from the Teacher Health Insurance

12 Security Fund if a managed care program is not accessible,

13 as determined by the Teachers' Retirement System.

14 Effective with Fiscal Year 2007 and thereafter, for a TRS

15 benefit recipient selecting the major medical coverage

16 program, 75% of the total insurance rate shall be paid

17 from the Teacher Health Insurance Security Fund if a

18 managed care program is not accessible, as determined by

19 the Department of Central Management Services.

20 (3.1) For a TRS dependent beneficiary who is Medicare

21 primary and enrolled in a managed care plan, or the major

22 medical coverage program if a managed care plan is not

23 available, 25% of the total insurance rate shall be paid

24 from the Teacher Health Security Fund as determined by the

25 Department of Central Management Services. For the purpose

26 of this item (3.1), the term "TRS dependent beneficiary

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1 who is Medicare primary" means a TRS dependent beneficiary

2 who is participating in Medicare Parts A and B.

3 (4) Except as otherwise provided in item (3.1), the

4 balance of the rate of insurance, including the entire

5 premium of any coverage for TRS dependent beneficiaries

6 that has been elected, shall be paid by deductions

7 authorized by the TRS benefit recipient to be withheld

8 from his or her monthly annuity or benefit payment from

9 the Teachers' Retirement System; except that (i) if the

10 balance of the cost of coverage exceeds the amount of the

11 monthly annuity or benefit payment, the difference shall

12 be paid directly to the Teachers' Retirement System by the

13 TRS benefit recipient, and (ii) all or part of the balance

14 of the cost of coverage may, at the school board's option,

15 be paid to the Teachers' Retirement System by the school

16 board of the school district from which the TRS benefit

17 recipient retired, in accordance with Section 10-22.3b of

18 the School Code. The Teachers' Retirement System shall

19 promptly deposit all moneys withheld by or paid to it

20 under this subdivision (e)(4) into the Teacher Health

21 Insurance Security Fund. These moneys shall not be

22 considered assets of the Retirement System.

23 (5) If, for any month beginning on or after January 1,

24 2013, a TRS benefit recipient or TRS dependent beneficiary

25 was enrolled in Medicare Parts A and B and such Medicare

26 coverage was primary to coverage under this Section but

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1 payment for coverage under this Section was made at a rate

2 greater than the Medicare primary rate published by the

3 Department of Central Management Services, the TRS benefit

4 recipient or TRS dependent beneficiary shall be eligible

5 for a refund equal to the difference between the amount

6 paid by the TRS benefit recipient or TRS dependent

7 beneficiary and the published Medicare primary rate. To

8 receive a refund pursuant to this subsection, the TRS

9 benefit recipient or TRS dependent beneficiary must

10 provide documentation to the Department of Central

11 Management Services evidencing the TRS benefit recipient's

12 or TRS dependent beneficiary's Medicare coverage and the

13 amount paid by the TRS benefit recipient or TRS dependent

14 beneficiary during the applicable time period.

15 (f) Financing. Beginning July 1, 1995, all revenues

16 arising from the administration of the health benefit programs

17 established under Article 16 of the Illinois Pension Code or

18 this Section shall be deposited into the Teacher Health

19 Insurance Security Fund, which is hereby created as a

20 nonappropriated trust fund to be held outside the State

21 Treasury, with the State Treasurer as custodian. Any interest

22 earned on moneys in the Teacher Health Insurance Security Fund

23 shall be deposited into the Fund.

24 Moneys in the Teacher Health Insurance Security Fund shall

25 be used only to pay the costs of the health benefit program

26 established under this Section, including associated

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1 administrative costs, and the costs associated with the health

2 benefit program established under Article 16 of the Illinois

3 Pension Code, as authorized in this Section. Beginning July 1,

4 1995, the Department of Central Management Services may make

5 expenditures from the Teacher Health Insurance Security Fund

6 for those costs.

7 After other funds authorized for the payment of the costs

8 of the health benefit program established under Article 16 of

9 the Illinois Pension Code are exhausted and until January 1,

10 1996 (or such later date as may be agreed upon by the Director

11 of Central Management Services and the Secretary of the

12 Teachers' Retirement System), the Secretary of the Teachers'

13 Retirement System may make expenditures from the Teacher

14 Health Insurance Security Fund as necessary to pay up to 75% of

15 the cost of providing health coverage to eligible benefit

16 recipients (as defined in Sections 16-153.1 and 16-153.3 of

17 the Illinois Pension Code) who are enrolled in the Article 16

18 health benefit program and to facilitate the transfer of

19 administration of the health benefit program to the Department

20 of Central Management Services.

21 The Department of Central Management Services, or any

22 successor agency designated to procure healthcare contracts

23 pursuant to this Act, is authorized to establish funds,

24 separate accounts provided by any bank or banks as defined by

25 the Illinois Banking Act, or separate accounts provided by any

26 savings and loan association or associations as defined by the

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1 Illinois Savings and Loan Act of 1985 to be held by the

2 Director, outside the State treasury, for the purpose of

3 receiving the transfer of moneys from the Teacher Health

4 Insurance Security Fund. The Department may promulgate rules

5 further defining the methodology for the transfers. Any

6 interest earned by moneys in the funds or accounts shall inure

7 to the Teacher Health Insurance Security Fund. The transferred

8 moneys, and interest accrued thereon, shall be used

9 exclusively for transfers to administrative service

10 organizations or their financial institutions for payments of

11 claims to claimants and providers under the self-insurance

12 health plan. The transferred moneys, and interest accrued

13 thereon, shall not be used for any other purpose including,

14 but not limited to, reimbursement of administration fees due

15 the administrative service organization pursuant to its

16 contract or contracts with the Department.

17 (g) Contract for benefits. The Director shall by contract,

18 self-insurance, or otherwise make available the program of

19 health benefits for TRS benefit recipients and their TRS

20 dependent beneficiaries that is provided for in this Section.

21 The contract or other arrangement for the provision of these

22 health benefits shall be on terms deemed by the Director to be

23 in the best interest of the State of Illinois and the TRS

24 benefit recipients based on, but not limited to, such criteria

25 as administrative cost, service capabilities of the carrier or

26 other contractor, and the costs of the benefits.

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1 (g-5) Committee. A Teacher Retirement Insurance Program

2 Committee shall be established, to consist of 10 persons

3 appointed by the Governor.

4 The Committee shall convene at least 4 times each year,

5 and shall consider and make recommendations on issues

6 affecting the program of health benefits provided under this

7 Section. Recommendations of the Committee shall be based on a

8 consensus of the members of the Committee.

9 If the Teacher Health Insurance Security Fund experiences

10 a deficit balance based upon the contribution and subsidy

11 rates established in this Section and Section 6.6 for Fiscal

12 Year 2008 or thereafter, the Committee shall make

13 recommendations for adjustments to the funding sources

14 established under these Sections.

15 In addition, the Committee shall identify proposed

16 solutions to the funding shortfalls that are affecting the

17 Teacher Health Insurance Security Fund, and it shall report

18 those solutions to the Governor and the General Assembly

19 within 6 months after August 15, 2011 (the effective date of

20 Public Act 97-386).

21 (h) Continuation of program. It is the intention of the

22 General Assembly that the program of health benefits provided

23 under this Section be maintained on an ongoing, affordable

24 basis.

25 The program of health benefits provided under this Section

26 may be amended by the State and is not intended to be a pension

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1 or retirement benefit subject to protection under Article

2 XIII, Section 5 of the Illinois Constitution.

3 (i) Repeal. (Blank).

4 (Source: P.A. 101-483, eff. 1-1-20; 102-210, eff. 7-30-21.)

5 Section 3-4. The Attorney General Act is amended by

6 changing Section 4a as follows:

7 (15 ILCS 205/4a) (from Ch. 14, par. 4a)

8 Sec. 4a. Attorneys and investigators appointed by the

9 attorney general, and on his payroll, when authorized by the

10 attorney general or his designee, may expend such sums as the

11 attorney general or his designee deems necessary for any one

12 or more of the following: the purchase of items for evidence; ~~,~~

13 the advancement of fees in cases before United States courts

14 or other State courts; ~~, and in~~ the payment of expert witness

15 expenses and witness fees, including expert witness fees; or

16 subpoena fees.

17 Funds for making expenditures authorized in this Section

18 shall be advanced from funds appropriated or made available by

19 law for the support or use of the office of attorney general or

20 vouchers therefor signed by the attorney general or his

21 designee. Sums so advanced may be paid to the attorney or

22 investigator authorized to receive the advancement, or may be

23 made payable to the ultimate recipient. Any expenditures under

24 this Section shall be audited by the auditor general as part of

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1 any mandated audit conducted in compliance with Section 3-2 of

2 the Illinois State Auditing Act.

3 (Source: P.A. 95-331, eff. 8-21-07.)

4 Section 3-6. The Substance Use Disorder Act is amended by

5 adding Section 5-30 as follows:

6 (20 ILCS 301/5-30 new)

7 Sec. 5-30. Substance Use Disorder Treatment Locator.

8 Subject to appropriation, the Department of Human Services

9 shall issue a request for proposal to establish a supplemental

10 substance use disorder treatment locator that can compare and

11 assess addiction treatment facilities to identify high-quality

12 providers and provide a publicly available search function for

13 patients, health care providers, and first responders to find

14 substance use disorder providers. The supplemental treatment

15 locator shall integrate with the Illinois Helpline and provide

16 annual surveys on both providers and patient experiences that

17 aid in identifying high-quality providers to better aid

18 decision making for patients, health care providers, and first

19 responders to find substance use disorder treatment.

20 Section 3-7. The Children and Family Services Act is

21 amended by changing Sections 4a and 17a-4 as follows:

22 (20 ILCS 505/4a) (from Ch. 23, par. 5004a)

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1 Sec. 4a. (a) To administer child abuse prevention shelters

2 and service programs for abused and neglected children, or

3 provide for their administration by not-for-profit

4 corporations, community-based organizations or units of local

5 government.

6 The Department is hereby designated the single State

7 agency for planning and coordination of child abuse and

8 neglect prevention programs and services. On or before the

9 first Friday in October of each year, the Department shall

10 submit to the Governor and the General Assembly a State

11 comprehensive child abuse and neglect prevention plan. The

12 plan shall: identify priorities, goals and objectives;

13 identify the resources necessary to implement the plan,

14 including estimates of resources needed to investigate or

15 otherwise process reports of suspected child abuse or neglect

16 and to provide necessary follow-up services for child

17 protection, family preservation and family reunification in

18 "indicated" cases as determined under the Abused and Neglected

19 Child Reporting Act; make proposals for the most effective use

20 of existing resources to implement the plan, including

21 recommendations for the optimum use of private, local public,

22 State and federal resources; and propose strategies for the

23 development of additional resources to meet the goal of

24 reducing the incidence of child abuse and neglect and reducing

25 the number of reports of suspected child abuse and neglect

26 made to the Department.

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1 (b) The administration of child abuse prevention, shelters

2 and service programs under subsection (a) shall be funded in

3 part by appropriations made from the Child Abuse Prevention

4 Fund, which is hereby created in the State Treasury, and in

5 part by appropriations from the General Revenue Fund. All

6 interest earned on monies in the Child Abuse Prevention Fund

7 shall remain in such fund. The Department and the State

8 Treasurer may accept funds as provided by Sections 507 and 508

9 of the Illinois Income Tax Act and unsolicited private

10 donations for deposit into the Child Abuse Prevention Fund.

11 Annual requests for appropriations for the purpose of

12 providing child abuse and neglect prevention programs and

13 services under this Section shall be made in separate and

14 distinct line-items. In setting priorities for the direction

15 and scope of such programs, the Director shall be advised by

16 the State-wide Citizen's Committee on Child Abuse and Neglect.

17 (c) (Blank). ~~Where the Department contracts with outside~~

18 ~~agencies to operate the shelters or programs, such outside~~

19 ~~agencies may receive funding from the Department, except that~~

20 ~~the shelters must certify a 20% financial match for operating~~

21 ~~expenses of their programs. In selecting the outside agencies~~

22 ~~to administer child shelters and service programs, and in~~

23 ~~allocating funds for such agencies, the Department shall give~~

24 ~~priority to new and existing shelters or programs offering the~~

25 ~~broadest range of services to the community served.~~

26 (d) The Department shall have the power to make grants of

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1 monies to fund comprehensive community-based services to

2 reduce the incidence of family dysfunction typified by child

3 abuse and neglect; to diminish those factors found to increase

4 family dysfunction; and to measure the effectiveness and costs

5 of such services.

6 (e) For implementing such intergovernmental cooperation

7 and involvement, units of local government and public and

8 private agencies may apply for and receive federal or State

9 funds from the Department under this Act or seek and receive

10 gifts from local philanthropic or other private local sources

11 in order to augment any State funds appropriated for the

12 purposes of this Act.

13 (e-5) The Department may establish and maintain locally

14 held funds to be individually known as the Youth in Care

15 Support Fund. Moneys in these funds shall be used for

16 purchases for the immediate needs of youth in care or for the

17 immediate support needs of youth, families, and caregivers

18 served by the Department. Moneys paid into funds shall be from

19 appropriations made to the DCFS Children's Services Fund.

20 Funds remaining in any Youth in Care Support Fund must be

21 returned to the DCFS Children's Services Fund upon

22 dissolution. Any warrant for payment to a vendor for the same

23 product or service for a youth in care shall be payable to the

24 Department to reimburse the immediate payment from the Youth

25 in Care Support Fund.

26 (f) For the purposes of this Section:

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1 (1) The terms "abused child" and "neglected child"

2 have meanings ascribed to them in Section 3 of the Abused

3 and Neglected Child Reporting Act.

4 (2) "Shelter" has the meaning ascribed to it in

5 Section 1-3 of the Juvenile Court Act of 1987.

6 (Source: P.A. 103-259, eff. 1-1-24.)

7 (20 ILCS 505/17a-4) (from Ch. 23, par. 5017a-4)

8 Sec. 17a-4. Grants for community-based youth services;

9 Department of Human Services.

10 (a) The Department of Human Services shall make grants for

11 the purpose of planning, establishing, operating, coordinating

12 and evaluating programs aimed at reducing or eliminating the

13 involvement of youth in the child welfare or juvenile justice

14 systems. The programs shall include those providing for more

15 comprehensive and integrated community-based youth services

16 including Unified Delinquency Intervention Services programs

17 and for community services programs. The Department may

18 authorize advance disbursement of funds for such youth

19 services programs. When the appropriation for "comprehensive

20 community-based service to youth" is equal to or exceeds

21 $5,000,000, the Department shall allocate the total amount of

22 such appropriated funds in the following manner:

23 (1) no more than 20% of the grant funds appropriated

24 shall be awarded by the Department for new program

25 development and innovation;

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1 (2) not less than 80% of grant funds appropriated

2 shall be allocated to community-based youth services

3 programs based upon population of youth under 18 years of

4 age and other demographic variables defined by the

5 Department of Human Services by rule, which may include

6 weighting for service priorities relating to special needs

7 identified in the annual plans of the regional youth

8 planning committees established under this Act; and

9 (3) if any amount so allocated under paragraph (2) of

10 this subsection (a) remains unobligated such funds shall

11 be reallocated in a manner equitable and consistent with

12 the purpose of paragraph (2) of this subsection (a). ~~; and~~

13 ~~(4) the local boards or local service systems shall~~

14 ~~certify prior to receipt of grant funds from the~~

15 ~~Department of Human Services that a 10% local public or~~

16 ~~private financial or in-kind commitment is allocated to~~

17 ~~supplement the State grant.~~

18 (b) Notwithstanding any provision in this Act or rules

19 promulgated under this Act to the contrary, unless expressly

20 prohibited by federal law or regulation, all individuals,

21 corporations, or other entities that provide medical or mental

22 health services, whether organized as for-profit or

23 not-for-profit entities, shall be eligible for consideration

24 by the Department of Human Services to participate in any

25 program funded or administered by the Department. This

26 subsection shall not apply to the receipt of federal funds

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1 administered and transferred by the Department for services

2 when the federal government has specifically provided that

3 those funds may be received only by those entities organized

4 as not-for-profit entities.

5 (Source: P.A. 89-392, eff. 8-20-95; 89-507, eff. 7-1-97;

6 90-655, eff. 7-30-98.)

7 Section 3-8. The Department of Commerce and Economic

8 Opportunity Law of the Civil Administrative Code of Illinois

9 is amended by changing Section 605-705 as follows:

10 (20 ILCS 605/605-705) (was 20 ILCS 605/46.6a)

11 Sec. 605-705. Grants to local tourism and convention

12 bureaus.

13 (a) To establish a grant program for local tourism and

14 convention bureaus. The Department will develop and implement

15 a program for the use of funds, as authorized under this Act,

16 by local tourism and convention bureaus. For the purposes of

17 this Act, bureaus eligible to receive funds are those local

18 tourism and convention bureaus that are (i) either units of

19 local government or incorporated as not-for-profit

20 organizations; (ii) in legal existence for a minimum of 2

21 years before July 1, 2001; (iii) operating with a paid,

22 full-time staff whose sole purpose is to promote tourism in

23 the designated service area; and (iv) affiliated with one or

24 more municipalities or counties that support the bureau with

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1 local hotel-motel taxes. After July 1, 2001, bureaus

2 requesting certification in order to receive funds for the

3 first time must be local tourism and convention bureaus that

4 are (i) either units of local government or incorporated as

5 not-for-profit organizations; (ii) in legal existence for a

6 minimum of 2 years before the request for certification; (iii)

7 operating with a paid, full-time staff whose sole purpose is

8 to promote tourism in the designated service area; and (iv)

9 affiliated with multiple municipalities or counties that

10 support the bureau with local hotel-motel taxes. Each bureau

11 receiving funds under this Act will be certified by the

12 Department as the designated recipient to serve an area of the

13 State. Notwithstanding the criteria set forth in this

14 subsection (a), or any rule adopted under this subsection (a),

15 the Director of the Department may provide for the award of

16 grant funds to one or more entities if in the Department's

17 judgment that action is necessary in order to prevent a loss of

18 funding critical to promoting tourism in a designated

19 geographic area of the State.

20 (b) To distribute grants to local tourism and convention

21 bureaus from appropriations made from the Local Tourism Fund

22 for that purpose. Of the amounts appropriated annually to the

23 Department for expenditure under this Section prior to July 1,

24 2011, one-third of those monies shall be used for grants to

25 convention and tourism bureaus in cities with a population

26 greater than 500,000. The remaining two-thirds of the annual

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1 appropriation prior to July 1, 2011 shall be used for grants to

2 convention and tourism bureaus in the remainder of the State,

3 in accordance with a formula based upon the population served.

4 Of the amounts appropriated annually to the Department for

5 expenditure under this Section beginning July 1, 2011, 18% of

6 such moneys shall be used for grants to convention and tourism

7 bureaus in cities with a population greater than 500,000. Of

8 the amounts appropriated annually to the Department for

9 expenditure under this Section beginning July 1, 2011, 82% of

10 such moneys shall be used for grants to convention bureaus in

11 the remainder of the State, in accordance with a formula based

12 upon the population served. The Department may reserve up to

13 3% of total local tourism funds available for costs of

14 administering the program to conduct audits of grants, to

15 provide incentive funds to those bureaus that will conduct

16 promotional activities designed to further the Department's

17 statewide advertising campaign, to fund special statewide

18 promotional activities, and to fund promotional activities

19 that support an increased use of the State's parks or historic

20 sites. The Department shall require that any convention and

21 tourism bureau receiving a grant under this Section that

22 requires matching funds shall provide matching funds equal to

23 no less than 50% of the grant amount, except that: (1) in

24 Fiscal Years 2021 through 2024 only, the Department shall

25 require that any convention and tourism bureau receiving a

26 grant under this Section that requires matching funds shall

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1 provide matching funds equal to no less than 25% of the grant

2 amount; (2) in Fiscal Year 2025, the Department shall require

3 that any convention and tourism bureau receiving a grant under

4 this Section that requires matching funds shall provide

5 matching funds equal to no less than 30% of the grant amount;

6 and (3) in Fiscal Year 2026, the Department shall require that

7 any convention and tourism bureau receiving a grant under this

8 Section that requires matching funds shall provide matching

9 funds equal to no less than 40% of the grant amount. During

10 fiscal year 2013, the Department shall reserve $2,000,000 of

11 the available local tourism funds for appropriation to the

12 Historic Preservation Agency for the operation of the Abraham

13 Lincoln Presidential Library and Museum and State historic

14 sites.

15 To provide for the expeditious and timely implementation

16 of the changes made by Public Act 101-636, emergency rules to

17 implement the changes made by Public Act 101-636 may be

18 adopted by the Department subject to the provisions of Section

19 5-45 of the Illinois Administrative Procedure Act.

20 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;

21 103-8, eff. 6-7-23.)

22 Section 3-9. The Mental Health and Developmental

23 Disabilities Administrative Act is amended by changing Section

24 74 as follows:

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1 (20 ILCS 1705/74)

2 Sec. 74. Rates and reimbursements.

3 (a) Within 30 days after July 6, 2017 (the effective date

4 of Public Act 100-23), the Department shall increase rates and

5 reimbursements to fund a minimum of a $0.75 per hour wage

6 increase for front-line personnel, including, but not limited

7 to, direct support professionals, aides, front-line

8 supervisors, qualified intellectual disabilities

9 professionals, nurses, and non-administrative support staff

10 working in community-based provider organizations serving

11 individuals with developmental disabilities. The Department

12 shall adopt rules, including emergency rules under subsection

13 (y) of Section 5-45 of the Illinois Administrative Procedure

14 Act, to implement the provisions of this Section.

15 (b) Rates and reimbursements. Within 30 days after June 4,

16 2018 (the effective date of Public Act 100-587), the

17 Department shall increase rates and reimbursements to fund a

18 minimum of a $0.50 per hour wage increase for front-line

19 personnel, including, but not limited to, direct support

20 professionals, aides, front-line supervisors, qualified

21 intellectual disabilities professionals, nurses, and

22 non-administrative support staff working in community-based

23 provider organizations serving individuals with developmental

24 disabilities. The Department shall adopt rules, including

25 emergency rules under subsection (bb) of Section 5-45 of the

26 Illinois Administrative Procedure Act, to implement the

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1 provisions of this Section.

2 (c) Rates and reimbursements. Within 30 days after June 5,

3 2019 (the effective date of Public Act 101-10), subject to

4 federal approval, the Department shall increase rates and

5 reimbursements in effect on June 30, 2019 for community-based

6 providers for persons with Developmental Disabilities by 3.5%

7 The Department shall adopt rules, including emergency rules

8 under subsection (jj) of Section 5-45 of the Illinois

9 Administrative Procedure Act, to implement the provisions of

10 this Section, including wage increases for direct care staff.

11 (d) For community-based providers serving persons with

12 intellectual/developmental disabilities, subject to federal

13 approval of any relevant Waiver Amendment, the rates taking

14 effect for services delivered on or after January 1, 2022,

15 shall include an increase in the rate methodology sufficient

16 to provide a $1.50 per hour wage increase for direct support

17 professionals in residential settings and sufficient to

18 provide wages for all residential non-executive direct care

19 staff, excluding direct support professionals, at the federal

20 Department of Labor, Bureau of Labor Statistics' average wage

21 as defined in rule by the Department.

22 The establishment of and any changes to the rate

23 methodologies for community-based services provided to persons

24 with intellectual/developmental disabilities are subject to

25 federal approval of any relevant Waiver Amendment and shall be

26 defined in rule by the Department. The Department shall adopt

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1 rules, including emergency rules as authorized by Section 5-45

2 of the Illinois Administrative Procedure Act, to implement the

3 provisions of this subsection (d).

4 (e) For community-based providers serving persons with

5 intellectual/developmental disabilities, subject to federal

6 approval of any relevant Waiver Amendment, the rates taking

7 effect for services delivered on or after January 1, 2023,

8 shall include an increase in the rate methodology sufficient

9 to provide a $1.00 per hour wage increase for all direct

10 support professionals and all other frontline personnel who

11 are not subject to the Bureau of Labor Statistics' average

12 wage increases, who work in residential and community day

13 services settings, with at least $0.50 of those funds to be

14 provided as a direct increase to base wages, with the

15 remaining $0.50 to be used flexibly for base wage increases.

16 In addition, the rates taking effect for services delivered on

17 or after January 1, 2023 shall include an increase sufficient

18 to provide wages for all residential non-executive direct care

19 staff, excluding direct support professionals, at the federal

20 Department of Labor, Bureau of Labor Statistics' average wage

21 as defined in rule by the Department.

22 The establishment of and any changes to the rate

23 methodologies for community-based services provided to persons

24 with intellectual/developmental disabilities are subject to

25 federal approval of any relevant Waiver Amendment and shall be

26 defined in rule by the Department. The Department shall adopt

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1 rules, including emergency rules as authorized by Section 5-45

2 of the Illinois Administrative Procedure Act, to implement the

3 provisions of this subsection.

4 (f) For community-based providers serving persons with

5 intellectual/developmental disabilities, subject to federal

6 approval of any relevant Waiver Amendment, the rates taking

7 effect for services delivered on or after January 1, 2024

8 shall include an increase in the rate methodology sufficient

9 to provide a $2.50 per hour wage increase for all direct

10 support professionals and all other frontline personnel who

11 are not subject to the Bureau of Labor Statistics' average

12 wage increases and who work in residential and community day

13 services settings. At least $1.25 of the per hour wage

14 increase shall be provided as a direct increase to base wages,

15 and the remaining $1.25 of the per hour wage increase shall be

16 used flexibly for base wage increases. In addition, the rates

17 taking effect for services delivered on or after January 1,

18 2024 shall include an increase sufficient to provide wages for

19 all residential non-executive direct care staff, excluding

20 direct support professionals, at the federal Department of

21 Labor, Bureau of Labor Statistics' average wage as defined in

22 rule by the Department.

23 The establishment of and any changes to the rate

24 methodologies for community-based services provided to persons

25 with intellectual/developmental disabilities are subject to

26 federal approval of any relevant Waiver Amendment and shall be

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1 defined in rule by the Department. The Department shall adopt

2 rules, including emergency rules as authorized by Section 5-45

3 of the Illinois Administrative Procedure Act, to implement the

4 provisions of this subsection.

5 (g) For community-based providers serving persons with

6 intellectual or developmental disabilities, subject to federal

7 approval of any relevant Waiver Amendment, the rates taking

8 effect for services delivered on or after January 1, 2025

9 shall include an increase in the rate methodology sufficient

10 to provide a $1 per hour wage rate increase for all direct

11 support personnel and all other frontline personnel who are

12 not subject to the Bureau of Labor Statistics' average wage

13 increases and who work in residential and community day

14 services settings, with at least $0.75 of those funds to be

15 provided as a direct increase to base wages and the remaining

16 $0.25 to be used flexibly for base wage increases. These

17 increases shall not be used by community-based providers for

18 operational or administrative expenses. In addition, the rates

19 taking effect for services delivered on or after January 1,

20 2025 shall include an increase sufficient to provide wages for

21 all residential non-executive direct care staff, excluding

22 direct support personnel, at the federal Department of Labor,

23 Bureau of Labor Statistics' average wage as defined by rule by

24 the Department. For services delivered on or after January 1,

25 2025, the rates shall include adjustments to

26 employment-related expenses as defined by rule by the

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1 Department.

2 The establishment of and any changes to the rate

3 methodologies for community-based services provided to persons

4 with intellectual or developmental disabilities are subject to

5 federal approval of any relevant Waiver Amendment and shall be

6 defined in rule by the Department. The Department shall adopt

7 rules, including emergency rules as authorized by Section 5-45

8 of the Illinois Administrative Procedure Act, to implement the

9 provisions of this subsection.

10 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;

11 102-830, eff. 1-1-23; 103-8, eff. 6-7-23; 103-154, eff.

12 6-30-23.)

13 Section 3-10. The Governor's Office of Management and

14 Budget Act is amended by adding Section 7.4 as follows:

15 (20 ILCS 3005/7.4 new)

16 Sec. 7.4. Monthly revenues reporting. No later than the

17 15th day following the end of each month, the Office shall

18 prepare and publish a written report including, at a minimum,

19 the following information:

20 (1) year-to-date general funds revenues as compared to

21 anticipated revenues;

22 (2) year-to-date general funds expenditures as

23 compared to the then current fiscal year budget as

24 enacted; and

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1 (3) any transfers between budget lines pursuant to

2 Section 13.2 of the State Finance Act exceeding 2%.

3 Section 3-11. The Illinois Emergency Management Agency Act

4 is amended by changing Section 5 as follows:

5 (20 ILCS 3305/5) (from Ch. 127, par. 1055)

6 Sec. 5. Illinois Emergency Management Agency.

7 (a) There is created within the executive branch of the

8 State Government an Illinois Emergency Management Agency and a

9 Director of the Illinois Emergency Management Agency, herein

10 called the "Director" who shall be the head thereof. The

11 Director shall be appointed by the Governor, with the advice

12 and consent of the Senate, and shall serve for a term of 2

13 years beginning on the third Monday in January of the

14 odd-numbered year, and until a successor is appointed and has

15 qualified; except that the term of the first Director

16 appointed under this Act shall expire on the third Monday in

17 January, 1989. The Director shall not hold any other

18 remunerative public office. For terms beginning after January

19 18, 2019 (the effective date of Public Act 100-1179) and

20 before January 16, 2023, the annual salary of the Director

21 shall be as provided in Section 5-300 of the Civil

22 Administrative Code of Illinois. Notwithstanding any other

23 provision of law, for terms beginning on or after January 16,

24 2023, the Director shall receive an annual salary of $180,000

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1 or as set by the Governor, whichever is higher. On July 1,

2 2023, and on each July 1 thereafter, the Director shall

3 receive an increase in salary based on a cost of living

4 adjustment as authorized by Senate Joint Resolution 192 of the

5 86th General Assembly.

6 For terms beginning on or after January 16, 2023, the

7 Assistant Director of the Illinois Emergency Management Agency

8 shall receive an annual salary of $156,600 or as set by the

9 Governor, whichever is higher. On July 1, 2023, and on each

10 July 1 thereafter, the Assistant Director shall receive an

11 increase in salary based on a cost of living adjustment as

12 authorized by Senate Joint Resolution 192 of the 86th General

13 Assembly.

14 (b) The Illinois Emergency Management Agency shall obtain,

15 under the provisions of the Personnel Code, technical,

16 clerical, stenographic and other administrative personnel, and

17 may make expenditures within the appropriation therefor as may

18 be necessary to carry out the purpose of this Act. The agency

19 created by this Act is intended to be a successor to the agency

20 created under the Illinois Emergency Services and Disaster

21 Agency Act of 1975 and the personnel, equipment, records, and

22 appropriations of that agency are transferred to the successor

23 agency as of June 30, 1988 (the effective date of this Act).

24 (c) The Director, subject to the direction and control of

25 the Governor, shall be the executive head of the Illinois

26 Emergency Management Agency and the State Emergency Response

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1 Commission and shall be responsible under the direction of the

2 Governor, for carrying out the program for emergency

3 management of this State. The Director shall also maintain

4 liaison and cooperate with the emergency management

5 organizations of this State and other states and of the

6 federal government.

7 (d) The Illinois Emergency Management Agency shall take an

8 integral part in the development and revision of political

9 subdivision emergency operations plans prepared under

10 paragraph (f) of Section 10. To this end it shall employ or

11 otherwise secure the services of professional and technical

12 personnel capable of providing expert assistance to the

13 emergency services and disaster agencies. These personnel

14 shall consult with emergency services and disaster agencies on

15 a regular basis and shall make field examinations of the

16 areas, circumstances, and conditions that particular political

17 subdivision emergency operations plans are intended to apply.

18 (e) The Illinois Emergency Management Agency and political

19 subdivisions shall be encouraged to form an emergency

20 management advisory committee composed of private and public

21 personnel representing the emergency management phases of

22 mitigation, preparedness, response, and recovery. The Local

23 Emergency Planning Committee, as created under the Illinois

24 Emergency Planning and Community Right to Know Act, shall

25 serve as an advisory committee to the emergency services and

26 disaster agency or agencies serving within the boundaries of

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1 that Local Emergency Planning Committee planning district for:

2 (1) the development of emergency operations plan

3 provisions for hazardous chemical emergencies; and

4 (2) the assessment of emergency response capabilities

5 related to hazardous chemical emergencies.

6 (f) The Illinois Emergency Management Agency shall:

7 (1) Coordinate the overall emergency management

8 program of the State.

9 (2) Cooperate with local governments, the federal

10 government, and any public or private agency or entity in

11 achieving any purpose of this Act and in implementing

12 emergency management programs for mitigation,

13 preparedness, response, and recovery.

14 (2.5) Develop a comprehensive emergency preparedness

15 and response plan for any nuclear accident in accordance

16 with Section 65 of the Nuclear Safety Law of 2004 and in

17 development of the Illinois Nuclear Safety Preparedness

18 program in accordance with Section 8 of the Illinois

19 Nuclear Safety Preparedness Act.

20 (2.6) Coordinate with the Department of Public Health

21 with respect to planning for and responding to public

22 health emergencies.

23 (3) Prepare, for issuance by the Governor, executive

24 orders, proclamations, and regulations as necessary or

25 appropriate in coping with disasters.

26 (4) Promulgate rules and requirements for political

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1 subdivision emergency operations plans that are not

2 inconsistent with and are at least as stringent as

3 applicable federal laws and regulations.

4 (5) Review and approve, in accordance with Illinois

5 Emergency Management Agency rules, emergency operations

6 plans for those political subdivisions required to have an

7 emergency services and disaster agency pursuant to this

8 Act.

9 (5.5) Promulgate rules and requirements for the

10 political subdivision emergency management exercises,

11 including, but not limited to, exercises of the emergency

12 operations plans.

13 (5.10) Review, evaluate, and approve, in accordance

14 with Illinois Emergency Management Agency rules, political

15 subdivision emergency management exercises for those

16 political subdivisions required to have an emergency

17 services and disaster agency pursuant to this Act.

18 (6) Determine requirements of the State and its

19 political subdivisions for food, clothing, and other

20 necessities in event of a disaster.

21 (7) Establish a register of persons with types of

22 emergency management training and skills in mitigation,

23 preparedness, response, and recovery.

24 (8) Establish a register of government and private

25 response resources available for use in a disaster.

26 (9) Expand the Earthquake Awareness Program and its

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1 efforts to distribute earthquake preparedness materials to

2 schools, political subdivisions, community groups, civic

3 organizations, and the media. Emphasis will be placed on

4 those areas of the State most at risk from an earthquake.

5 Maintain the list of all school districts, hospitals,

6 airports, power plants, including nuclear power plants,

7 lakes, dams, emergency response facilities of all types,

8 and all other major public or private structures which are

9 at the greatest risk of damage from earthquakes under

10 circumstances where the damage would cause subsequent harm

11 to the surrounding communities and residents.

12 (10) Disseminate all information, completely and

13 without delay, on water levels for rivers and streams and

14 any other data pertaining to potential flooding supplied

15 by the Division of Water Resources within the Department

16 of Natural Resources to all political subdivisions to the

17 maximum extent possible.

18 (11) Develop agreements, if feasible, with medical

19 supply and equipment firms to supply resources as are

20 necessary to respond to an earthquake or any other

21 disaster as defined in this Act. These resources will be

22 made available upon notifying the vendor of the disaster.

23 Payment for the resources will be in accordance with

24 Section 7 of this Act. The Illinois Department of Public

25 Health shall determine which resources will be required

26 and requested.

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1 (11.5) In coordination with the Illinois State Police,

2 develop and implement a community outreach program to

3 promote awareness among the State's parents and children

4 of child abduction prevention and response.

5 (12) Out of funds appropriated for these purposes,

6 award capital and non-capital grants to Illinois hospitals

7 or health care facilities located outside of a city with a

8 population in excess of 1,000,000 to be used for purposes

9 that include, but are not limited to, preparing to respond

10 to mass casualties and disasters, maintaining and

11 improving patient safety and quality of care, and

12 protecting the confidentiality of patient information. No

13 single grant for a capital expenditure shall exceed

14 $300,000. No single grant for a non-capital expenditure

15 shall exceed $100,000. In awarding such grants, preference

16 shall be given to hospitals that serve a significant

17 number of Medicaid recipients, but do not qualify for

18 disproportionate share hospital adjustment payments under

19 the Illinois Public Aid Code. To receive such a grant, a

20 hospital or health care facility must provide funding of

21 at least 50% of the cost of the project for which the grant

22 is being requested. In awarding such grants the Illinois

23 Emergency Management Agency shall consider the

24 recommendations of the Illinois Hospital Association.

25 (13) Do all other things necessary, incidental or

26 appropriate for the implementation of this Act.

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1 (g) The Illinois Emergency Management Agency is authorized

2 to make grants to various higher education institutions,

3 public K-12 school districts, area vocational centers as

4 designated by the State Board of Education, inter-district

5 special education cooperatives, regional safe schools, and

6 nonpublic K-12 schools for safety and security improvements.

7 For the purpose of this subsection (g), "higher education

8 institution" means a public university, a public community

9 college, or an independent, not-for-profit or for-profit

10 higher education institution located in this State. Grants

11 made under this subsection (g) shall be paid out of moneys

12 appropriated for that purpose from the Build Illinois Bond

13 Fund. The Illinois Emergency Management Agency shall adopt

14 rules to implement this subsection (g). These rules may

15 specify: (i) the manner of applying for grants; (ii) project

16 eligibility requirements; (iii) restrictions on the use of

17 grant moneys; (iv) the manner in which the various higher

18 education institutions must account for the use of grant

19 moneys; and (v) any other provision that the Illinois

20 Emergency Management Agency determines to be necessary or

21 useful for the administration of this subsection (g).

22 (g-5) The Illinois Emergency Management Agency is

23 authorized to make grants to not-for-profit organizations

24 which are exempt from federal income taxation under section

25 501(c)(3) of the Federal Internal Revenue Code for eligible

26 security improvements that assist the organization in

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1 preventing, preparing for, or responding to threats, attacks,

2 or acts of terrorism. To be eligible for a grant under the

3 program, the Agency must determine that the organization is at

4 a high risk of being subject to threats, attacks, or acts of

5 terrorism based on the organization's profile, ideology,

6 mission, or beliefs. Eligible security improvements shall

7 include all eligible preparedness activities under the federal

8 Nonprofit Security Grant Program, including, but not limited

9 to, physical security upgrades, security training exercises,

10 preparedness training exercises, contracting with security

11 personnel, and any other security upgrades deemed eligible by

12 the Director. Eligible security improvements shall not

13 duplicate, in part or in whole, a project included under any

14 awarded federal grant or in a pending federal application. The

15 Director shall establish procedures and forms by which

16 applicants may apply for a grant and procedures for

17 distributing grants to recipients. Any security improvements

18 awarded shall remain at the physical property listed in the

19 grant application, unless authorized by Agency rule or

20 approved by the Agency in writing. The procedures shall

21 require each applicant to do the following:

22 (1) identify and substantiate prior or current

23 threats, attacks, or acts of terrorism against the

24 not-for-profit organization;

25 (2) indicate the symbolic or strategic value of one or

26 more sites that renders the site a possible target of a

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1 threat, attack, or act of terrorism;

2 (3) discuss potential consequences to the organization

3 if the site is damaged, destroyed, or disrupted by a

4 threat, attack, or act of terrorism;

5 (4) describe how the grant will be used to integrate

6 organizational preparedness with broader State and local

7 preparedness efforts, as described by the Agency in each

8 Notice of Opportunity for Funding;

9 (5) submit (i) a vulnerability assessment conducted by

10 experienced security, law enforcement, or military

11 personnel, or conducted using an Agency-approved or

12 federal Nonprofit Security Grant Program self-assessment

13 tool, and (ii) a description of how the grant award will be

14 used to address the vulnerabilities identified in the

15 assessment; and

16 (6) submit any other relevant information as may be

17 required by the Director.

18 The Agency is authorized to use funds appropriated for the

19 grant program described in this subsection (g-5) to administer

20 the program. Any Agency Notice of Opportunity for Funding,

21 proposed or final rulemaking, guidance, training opportunity,

22 or other resource related to the grant program must be

23 published on the Agency's publicly available website, and any

24 announcements related to funding shall be shared with all

25 State legislative offices, the Governor's office, emergency

26 services and disaster agencies mandated or required pursuant

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1 to subsections (b) through (d) of Section 10, and any other

2 State agencies as determined by the Agency. Subject to

3 appropriation, the grant application period shall be open for

4 no less than 45 calendar days during the first application

5 cycle each fiscal year, unless the Agency determines that a

6 shorter period is necessary to avoid conflicts with the annual

7 federal Nonprofit Security Grant Program funding cycle.

8 Additional application cycles may be conducted during the same

9 fiscal year, subject to availability of funds. Upon request,

10 Agency staff shall provide reasonable assistance to any

11 applicant in completing a grant application or meeting a

12 post-award requirement.

13 In addition to any advance payment rules or procedures

14 adopted by the Agency, the Agency shall adopt rules or

15 procedures by which grantees under this subsection (g-5) may

16 receive a working capital advance of initial start-up costs

17 and up to 2 months of program expenses, not to exceed 25% of

18 the total award amount, if, during the application process,

19 the grantee demonstrates a need for funds to commence a

20 project. The remaining funds must be paid through

21 reimbursement after the grantee presents sufficient supporting

22 documentation of expenditures for eligible activities.

23 (h) Except as provided in Section 17.5 of this Act, any

24 moneys received by the Agency from donations or sponsorships

25 unrelated to a disaster shall be deposited in the Emergency

26 Planning and Training Fund and used by the Agency, subject to

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1 appropriation, to effectuate planning and training activities.

2 Any moneys received by the Agency from donations during a

3 disaster and intended for disaster response or recovery shall

4 be deposited into the Disaster Response and Recovery Fund and

5 used for disaster response and recovery pursuant to the

6 Disaster Relief Act.

7 (i) The Illinois Emergency Management Agency may by rule

8 assess and collect reasonable fees for attendance at

9 Agency-sponsored conferences to enable the Agency to carry out

10 the requirements of this Act. Any moneys received under this

11 subsection shall be deposited in the Emergency Planning and

12 Training Fund and used by the Agency, subject to

13 appropriation, for planning and training activities.

14 (j) The Illinois Emergency Management Agency is authorized

15 to make grants to other State agencies, public universities,

16 units of local government, and statewide mutual aid

17 organizations to enhance statewide emergency preparedness and

18 response.

19 (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;

20 102-813, eff. 5-13-22; 102-1115, eff. 1-9-23; 103-418, eff.

21 1-1-24.)

22 Section 3-15. The State Finance Act is amended by changing

23 Section 6z-129 as follows:

24 (30 ILCS 105/6z-129)

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1 Sec. 6z-129. Horse Racing Purse Equity Fund. The Horse

2 Racing Purse Equity Fund is a nonappropriated trust fund held

3 outside of the State treasury. Within 30 calendar days after

4 funds are deposited in the Horse Racing Purse Equity Fund and

5 the applicable grant agreement is executed, whichever is

6 later, the Department of Agriculture shall transfer the entire

7 balance in the Fund to the organization licensees that hold

8 purse moneys that support each of the legally recognized

9 horsemen's associations that have contracted with an

10 organization licensee over the immediately preceding 3

11 calendar years under subsection (d) of Section 29 of the

12 Illinois Horse Racing Act of 1975. The 2024 ~~2023~~ division of

13 such fund balance among the qualifying purse accounts shall be

14 pursuant to the 2021 agreement of the involved horsemen

15 associations with 45% being allocated to the thoroughbred

16 purse account at a racetrack located in Stickney Township in

17 Cook County, 30% being allocated to the harness purse account

18 at a racetrack located in Stickney Township in Cook County,

19 and 25% being allocated to the thoroughbred purse account at a

20 racetrack located in Madison County. Transfers may be made to

21 an organization licensee that has one or more executed grant

22 agreements while the other organization licensee awaits

23 finalization and execution of its grant agreement or

24 agreements. All funds transferred to purse accounts pursuant

25 to this Section shall be for the sole purpose of augmenting

26 future purses during State fiscal year 2025 ~~2024~~. For purposes

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1 of this Section, a legally recognized horsemen association is

2 that horsemen association representing the largest number of

3 owners, trainers, jockeys or Standardbred drivers who race

4 horses at an Illinois organization licensee and that enter

5 into agreements with Illinois organization licenses to govern

6 the racing meet and that also provide required consents

7 pursuant to the Illinois Horse Racing Act of 1975.

8 (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23.)

9 Section 3-22. The Illinois Pension Code is amended by

10 changing Sections 16-150.1 and 17-149, as follows:

11 (40 ILCS 5/16-150.1)

12 Sec. 16-150.1. Return to teaching in subject shortage

13 area.

14 (a) As used in this Section, "eligible employment" means

15 employment beginning on or after July 1, 2003 and ending no

16 later than June 30, 2027 ~~2024~~, in a subject shortage area at a

17 qualified school, in a position requiring certification under

18 the law governing the certification of teachers.

19 As used in this Section, "qualified school" means a public

20 elementary or secondary school that meets all of the following

21 requirements:

22 (1) At the time of hiring a retired teacher under this

23 Section, the school is experiencing a shortage of teachers

24 in the subject shortage area for which the teacher is

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1 hired.

2 (2) The school district to which the school belongs

3 has complied with the requirements of subsection (e), and

4 the regional superintendent has certified that compliance

5 to the System.

6 (3) If the school district to which the school belongs

7 provides group health benefits for its teachers generally,

8 substantially similar health benefits are made available

9 for teachers participating in the program under this

10 Section, without any limitations based on pre-existing

11 conditions.

12 (b) An annuitant receiving a retirement annuity under this

13 Article (other than a disability retirement annuity) may

14 engage in eligible employment at a qualified school without

15 impairing his or her retirement status or retirement annuity,

16 subject to the following conditions:

17 (1) the eligible employment does not begin within the

18 school year during which service was terminated;

19 (2) the annuitant has not received any early

20 retirement incentive under Section 16-133.3, 16-133.4, or

21 16-133.5;

22 (3) if the annuitant retired before age 60 and with

23 less than 34 years of service, the eligible employment

24 does not begin within the year following the effective

25 date of the retirement annuity;

26 (4) if the annuitant retired at age 60 or above or with

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1 34 or more years of service, the eligible employment does

2 not begin within the 90 days following the effective date

3 of the retirement annuity; and

4 (5) before the eligible employment begins, the

5 employer notifies the System in writing of the annuitant's

6 desire to participate in the program established under

7 this Section.

8 (c) An annuitant engaged in eligible employment in

9 accordance with subsection (b) shall be deemed a participant

10 in the program established under this Section for so long as he

11 or she remains employed in eligible employment.

12 (d) A participant in the program established under this

13 Section continues to be a retirement annuitant, rather than an

14 active teacher, for all of the purposes of this Code, but shall

15 be deemed an active teacher for other purposes, such as

16 inclusion in a collective bargaining unit, eligibility for

17 group health benefits, and compliance with the laws governing

18 the employment, regulation, certification, treatment, and

19 conduct of teachers.

20 With respect to an annuitant's eligible employment under

21 this Section, neither employee nor employer contributions

22 shall be made to the System and no additional service credit

23 shall be earned. Eligible employment does not affect the

24 annuitant's final average salary or the amount of the

25 retirement annuity.

26 (e) Before hiring a teacher under this Section, the school

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1 district to which the school belongs must do the following:

2 (1) If the school district to which the school belongs

3 has honorably dismissed, within the calendar year

4 preceding the beginning of the school term for which it

5 seeks to employ a retired teacher under the program

6 established in this Section, any teachers who are legally

7 qualified to hold positions in the subject shortage area

8 and have not yet begun to receive their retirement

9 annuities under this Article, the vacant positions must

10 first be tendered to those teachers.

11 (2) For a period of at least 90 days during the 6

12 months preceding the beginning of either the fall or

13 spring term for which it seeks to employ a retired teacher

14 under the program established in this Section, the school

15 district must, on an ongoing basis, (i) advertise its

16 vacancies in the subject shortage area in employment

17 bulletins published by college and university placement

18 offices located near the school; (ii) search for teachers

19 legally qualified to fill those vacancies through the

20 Illinois Education Job Bank; and (iii) post all vacancies

21 on the school district's website and list the vacancy in

22 an online job portal or database.

23 A school district replacing a teacher who is unable to

24 continue employment with the school district because of

25 documented illness, injury, or disability that occurred after

26 being hired by a school district under this Section shall be

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1 exempt from the provisions of paragraph (2) for 90 school

2 days. However, the school district must on an ongoing basis

3 comply with items (i), (ii), and (iii) of paragraph (2).

4 The school district must submit documentation of its

5 compliance with this subsection to the regional

6 superintendent. Upon receiving satisfactory documentation from

7 the school district, the regional superintendent shall certify

8 the district's compliance with this subsection to the System.

9 (f) This Section applies without regard to whether the

10 annuitant was in service on or after the effective date of this

11 amendatory Act of the 93rd General Assembly.

12 (Source: P.A. 101-49, eff. 7-12-19; 102-440, eff. 8-20-21.)

13 (40 ILCS 5/17-149) (from Ch. 108 1/2, par. 17-149)

14 Sec. 17-149. Cancellation of pensions.

15 (a) If any person receiving a disability retirement

16 pension from the Fund is re-employed as a teacher by an

17 Employer, the pension shall be cancelled on the date the

18 re-employment begins, or on the first day of a payroll period

19 for which service credit was validated, whichever is earlier.

20 (b) If any person receiving a service retirement pension

21 from the Fund is re-employed as a teacher on a permanent or

22 annual basis by an Employer, the pension shall be cancelled on

23 the date the re-employment begins, or on the first day of a

24 payroll period for which service credit was validated,

25 whichever is earlier. However, subject to the limitations and

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1 requirements of subsection (c-5), (c-6), (c-7), or (c-10), the

2 pension shall not be cancelled in the case of a service

3 retirement pensioner who is re-employed on a temporary and

4 non-annual basis or on an hourly basis.

5 (c) If the date of re-employment on a permanent or annual

6 basis occurs within 5 school months after the date of previous

7 retirement, exclusive of any vacation period, the member shall

8 be deemed to have been out of service only temporarily and not

9 permanently retired. Such person shall be entitled to pension

10 payments for the time he could have been employed as a teacher

11 and received salary, but shall not be entitled to pension for

12 or during the summer vacation prior to his return to service.

13 When the member again retires on pension, the time of

14 service and the money contributed by him during re-employment

15 shall be added to the time and money previously credited. Such

16 person must acquire 3 consecutive years of additional

17 contributing service before he may retire again on a pension

18 at a rate and under conditions other than those in force or

19 attained at the time of his previous retirement.

20 (c-5) For school years beginning on or after July 1, 2019

21 and before July 1, 2022, the service retirement pension shall

22 not be cancelled in the case of a service retirement pensioner

23 who is re-employed as a teacher on a temporary and non-annual

24 basis or on an hourly basis, so long as the person (1) does not

25 work as a teacher for compensation on more than 120 days in a

26 school year or (2) does not accept gross compensation for the

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1 re-employment in a school year in excess of (i) $30,000 or (ii)

2 in the case of a person who retires with at least 5 years of

3 service as a principal, an amount that is equal to the daily

4 rate normally paid to retired principals multiplied by 100.

5 These limitations apply only to school years that begin on or

6 after July 1, 2019 and before July 1, 2022. Such re-employment

7 does not require contributions, result in service credit, or

8 constitute active membership in the Fund.

9 The service retirement pension shall not be cancelled in

10 the case of a service retirement pensioner who is re-employed

11 as a teacher on a temporary and non-annual basis or on an

12 hourly basis, so long as the person (1) does not work as a

13 teacher for compensation on more than 100 days in a school year

14 or (2) does not accept gross compensation for the

15 re-employment in a school year in excess of (i) $30,000 or (ii)

16 in the case of a person who retires with at least 5 years of

17 service as a principal, an amount that is equal to the daily

18 rate normally paid to retired principals multiplied by 100.

19 These limitations apply only to school years that begin on or

20 after August 8, 2012 (the effective date of Public Act 97-912)

21 and before July 1, 2019. Such re-employment does not require

22 contributions, result in service credit, or constitute active

23 membership in the Fund.

24 Notwithstanding the 120-day limit set forth in item (1) of

25 this subsection (c-5), the service retirement pension shall

26 not be cancelled in the case of a service retirement pensioner

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1 who teaches only driver education courses after regular school

2 hours and does not teach any other subject area, so long as the

3 person does not work as a teacher for compensation for more

4 than 900 hours in a school year. The $30,000 limit set forth in

5 subitem (i) of item (2) of this subsection (c-5) shall apply to

6 a service retirement pensioner who teaches only driver

7 education courses after regular school hours and does not

8 teach any other subject area.

9 To be eligible for such re-employment without cancellation

10 of pension, the pensioner must notify the Fund and the Board of

11 Education of his or her intention to accept re-employment

12 under this subsection (c-5) before beginning that

13 re-employment (or if the re-employment began before August 8,

14 2012 (the effective date of Public Act 97-912), then within 30

15 days after that effective date).

16 An Employer must certify to the Fund the temporary and

17 non-annual or hourly status and the compensation of each

18 pensioner re-employed under this subsection at least

19 quarterly, and when the pensioner is approaching the earnings

20 limitation under this subsection.

21 If the pensioner works more than 100 days or accepts

22 excess gross compensation for such re-employment in any school

23 year that begins on or after August 8, 2012 (the effective date

24 of Public Act 97-912), the service retirement pension shall

25 thereupon be cancelled.

26 If the pensioner who only teaches drivers education

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1 courses after regular school hours works more than 900 hours

2 or accepts excess gross compensation for such re-employment in

3 any school year that begins on or after August 12, 2016 (the

4 effective date of Public Act 99-786), the service retirement

5 pension shall thereupon be cancelled.

6 If the pensioner works more than 120 days or accepts

7 excess gross compensation for such re-employment in any school

8 year that begins on or after July 1, 2019, the service

9 retirement pension shall thereupon be cancelled.

10 The Board of the Fund shall adopt rules for the

11 implementation and administration of this subsection.

12 (c-6) For school years beginning on or after July 1, 2022

13 and before July 1, 2027 ~~2024~~, the service retirement pension

14 shall not be cancelled in the case of a service retirement

15 pensioner who is re-employed as a teacher or an administrator

16 on a temporary and non-annual basis or on an hourly basis, so

17 long as the person does not work as a teacher or an

18 administrator for compensation on more than 140 days in a

19 school year. Such re-employment does not require

20 contributions, result in service credit, or constitute active

21 membership in the Fund.

22 (c-7) For school years beginning on or after July 1, 2027

23 ~~2024~~, the service retirement pension shall not be cancelled in

24 the case of a service retirement pensioner who is re-employed

25 as a teacher or an administrator on a temporary and non-annual

26 basis or on an hourly basis, so long as the person does not

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1 work as a teacher or an administrator for compensation on more

2 than 120 days in a school year. Such re-employment does not

3 require contributions, result in service credit, or constitute

4 active membership in the Fund.

5 (c-10) Until June 30, 2027 ~~2024~~, the service retirement

6 pension of a service retirement pensioner shall not be

7 cancelled if the service retirement pensioner is employed in a

8 subject shortage area and the Employer that is employing the

9 service retirement pensioner meets the following requirements:

10 (1) If the Employer has honorably dismissed, within

11 the calendar year preceding the beginning of the school

12 term for which it seeks to employ a service retirement

13 pensioner under this subsection, any teachers who are

14 legally qualified to hold positions in the subject

15 shortage area and have not yet begun to receive their

16 service retirement pensions under this Article, the vacant

17 positions must first be tendered to those teachers.

18 (2) For a period of at least 90 days during the 6

19 months preceding the beginning of either the fall or

20 spring term for which it seeks to employ a service

21 retirement pensioner under this subsection, the Employer

22 must, on an ongoing basis, (i) advertise its vacancies in

23 the subject shortage area in employment bulletins

24 published by college and university placement offices

25 located near the school; (ii) search for teachers legally

26 qualified to fill those vacancies through the Illinois

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1 Education Job Bank; and (iii) post all vacancies on the

2 Employer's website and list the vacancy in an online job

3 portal or database.

4 An Employer of a teacher who is unable to continue

5 employment with the Employer because of documented illness,

6 injury, or disability that occurred after being hired by the

7 Employer under this subsection is exempt from the provisions

8 of paragraph (2) for 90 school days. However, the Employer

9 must on an ongoing basis comply with items (i), (ii), and (iii)

10 of paragraph (2).

11 The Employer must submit documentation of its compliance

12 with this subsection to the regional superintendent. Upon

13 receiving satisfactory documentation from the Employer, the

14 regional superintendent shall certify the Employer's

15 compliance with this subsection to the Fund.

16 (d) Notwithstanding Sections 1-103.1 and 17-157, the

17 changes to this Section made by Public Act 90-32 apply without

18 regard to whether termination of service occurred before the

19 effective date of that Act and apply retroactively to August

20 23, 1989.

21 Notwithstanding Sections 1-103.1 and 17-157, the changes

22 to this Section and Section 17-106 made by Public Act 92-599

23 apply without regard to whether termination of service

24 occurred before June 28, 2002 (the effective date of Public

25 Act 92-599).

26 Notwithstanding Sections 1-103.1 and 17-157, the changes

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1 to this Section made by Public Act 97-912 apply without regard

2 to whether termination of service occurred before August 8,

3 2012 (the effective date of Public Act 97-912).

4 (Source: P.A. 102-1013, eff. 5-27-22; 102-1090, eff. 6-10-22;

5 103-154, eff. 6-30-23.)

6 Section 3-25. The Law Enforcement Camera Grant Act is

7 amended by changing Section 10 as follows:

8 (50 ILCS 707/10)

9 Sec. 10. Law Enforcement Camera Grant Fund; creation,

10 rules.

11 (a) The Law Enforcement Camera Grant Fund is created as a

12 special fund in the State treasury. From appropriations to the

13 Board from the Fund, the Board must make grants to units of

14 local government in Illinois and Illinois public universities

15 for the purpose of (1) purchasing or leasing in-car video

16 cameras for use in law enforcement vehicles, (2) purchasing or

17 leasing officer-worn body cameras and associated technology

18 for law enforcement officers, and (3) training for law

19 enforcement officers in the operation of the cameras. Grants

20 under this Section may be used to offset data storage and

21 related licensing costs for officer-worn body cameras. For the

22 purposes of this Section, "purchasing or leasing" includes

23 providing funding to units of local government in advance that

24 can be used to obtain this equipment rather than only for

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1 reimbursement of purchased equipment.

2 Moneys received for the purposes of this Section,

3 including, without limitation, fee receipts and gifts, grants,

4 and awards from any public or private entity, must be

5 deposited into the Fund. Any interest earned on moneys in the

6 Fund must be deposited into the Fund.

7 (b) The Board may set requirements for the distribution of

8 grant moneys and determine which law enforcement agencies are

9 eligible.

10 (b-5) The Board shall consider compliance with the Uniform

11 Crime Reporting Act as a factor in awarding grant moneys.

12 (c) (Blank).

13 (d) (Blank).

14 (e) (Blank).

15 (f) (Blank).

16 (g) (Blank).

17 (h) (Blank).

18 (Source: P.A. 102-16, eff. 6-17-21; 102-1104, eff. 12-6-22.)

19 Section 3-27. The Illinois Library System Act is amended

20 by changing Section 8 as follows:

21 (75 ILCS 10/8) (from Ch. 81, par. 118)

22 Sec. 8. State grants.

23 (a) There shall be a program of State grants within the

24 limitations of funds appropriated by the Illinois General

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1 Assembly together with other funds made available by the

2 federal government or other sources for this purpose. This

3 program of State grants shall be administered by the State

4 Librarian in accordance with rules and regulations as provided

5 in Section 3 of this Act and shall include the following: (i)

6 annual equalization grants; (ii) Library System grants; (iii)

7 per capita grants to public libraries; and (iv) planning and

8 construction grants to public libraries and library systems.

9 Libraries, in order to be eligible for grants under this

10 Section, must be members of a library system.

11 (b) An annual equalization grant shall be made to all

12 public libraries for which the corporate authorities levy a

13 tax for library purposes at a rate not less than .13% of the

14 value of all the taxable property as equalized and assessed by

15 the Department of Revenue if the amount of tax revenue

16 obtained from a rate of .13% produces less than $17.50 per

17 capita in property tax revenue from property taxes for Fiscal

18 Year 2025 ~~(i) $4.25 per capita in property tax revenue from~~

19 ~~property taxes for the 2006 taxable year payable in 2007 and~~

20 ~~(ii) $7.50 per capita in property tax revenue from property~~

21 ~~taxes for the 2007 taxable year~~ and thereafter. In that case,

22 the State Librarian is authorized to make an equalization

23 grant equivalent to the difference between the amount obtained

24 from a rate of .13% and an annual income of $17.50 per capita

25 for grants made in Fiscal Year 2025 ~~$4.25 per capita for grants~~

26 ~~made through Fiscal Year 2008, and an annual income of $7.50~~

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1 ~~per capita for grants made in Fiscal Year 2009~~ and thereafter.

2 If moneys appropriated for grants under this Section are not

3 sufficient, then the State Librarian shall reduce the per

4 capita amount of the grants so that the qualifying public

5 libraries receive the same amount per capita, but in no event

6 shall the grant be less than equivalent to the difference

7 between the amount of the tax revenue obtained from the

8 current levy and an annual income of $4.25 per capita. If a

9 library receiving an equalization grant reduces its tax levy

10 below the amount levied at the time the original application

11 is approved, it shall be ineligible to receive further

12 equalization grants.

13 If a library is subject to the Property Tax Extension

14 Limitation Law in the Property Tax Code and its tax levy for

15 library purposes has been lowered to a rate of less than .13%,

16 the library will qualify for this grant if the library levied a

17 tax for library purposes that met the requirements for this

18 grant in the previous year and if the tax levied for library

19 purposes in the current year produces tax revenue for the

20 library that is an increase over the previous year's extension

21 of 5% or the percentage increase in the Consumer Price Index,

22 whichever is less, and the tax revenue produced by this levy is

23 less than $17.50 per capita in property tax revenue from

24 property taxes for the Fiscal Year 2025 ~~(i) $4.25 per capita in~~

25 ~~property tax revenue from property taxes for the 2006 taxable~~

26 ~~year payable in 2007 and (ii) $7.50 per capita in property tax~~

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1 ~~revenue from property taxes for the 2007 taxable year~~ and

2 thereafter. In this case, the State Librarian is authorized to

3 make an equalization grant equivalent to the difference

4 between the amount of tax revenue obtained from the current

5 levy and an annual income of $17.50 per capita for grants made

6 in Fiscal Year 2025 ~~$4.25 per capita for grants made through~~

7 ~~Fiscal Year 2008, and an annual income of $7.50 per capita for~~

8 ~~grants made in Fiscal Year 2009~~ and thereafter. If moneys

9 appropriated for grants under this Section are not sufficient,

10 then the State Librarian shall reduce the per capita amount of

11 the grants so that the qualifying public libraries receive the

12 same amount per capita, but in no event shall the grant be less

13 than equivalent to the difference between the amount of the

14 tax revenue obtained from the current levy and an annual

15 income of $4.25 per capita. If a library receiving an

16 equalization grant reduces its tax levy below the amount

17 levied at the time the original application is approved, it

18 shall be ineligible to receive further equalization grants.

19 (c) Annual Library System grants shall be made, upon

20 application, to each library system approved by the State

21 Librarian on the following basis:

22 (1) For library systems, the sum of $1.46 per capita

23 of the population of the area served plus the sum of $50.75

24 per square mile or fraction thereof of the area served

25 except as provided in paragraph (4) of this subsection.

26 (2) If the amounts appropriated for grants are

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1 different from the amount provided for in paragraph (1) of

2 this subsection, the area and per capita funding shall be

3 proportionately reduced or increased accordingly.

4 (3) For library systems, additional funds may be

5 appropriated. The appropriation shall be distributed on

6 the same proportional per capita and per square mile basis

7 as provided in paragraphs (1) and (4) of this subsection.

8 (4) Per capita and area funding for a multitype

9 library system as defined in subparagraph (3) of the

10 definition of "library system" in Section 2 and a public

11 library system in cities with a population of 500,000 or

12 more as defined in subparagraph (2) of the definition of

13 "library system" in Section 2 shall be apportioned with

14 25% of the funding granted to the multitype library system

15 and 75% of the funding granted to the public library

16 system.

17 (d) The "area served" for the purposes of making and

18 expending annual Library System grants means the area that

19 lies within the geographic boundaries of the library system as

20 approved by the State Librarian, except that grant funding

21 awarded to a library system may also be expended for the

22 provision of services to members of other library systems if

23 such an expenditure is included in a library system's plan of

24 service and is approved by the State Librarian. In determining

25 the population of the area served by the library system, the

26 Illinois State Library shall use the latest federal census for

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1 the political subdivisions in the area served.

2 (e) In order to be eligible for a grant under this Section,

3 the corporate authorities, instead of a tax levy at a

4 particular rate, may provide an amount equivalent to the

5 amount produced by that levy.

6 (Source: P.A. 99-186, eff. 7-29-15.)

7 Section 3-30. The School Code is amended by changing

8 Section 29-5 as follows:

9 (105 ILCS 5/29-5) (from Ch. 122, par. 29-5)

10 Sec. 29-5. Reimbursement by State for transportation. Any

11 school district or State-authorized charter school,

12 maintaining a school, transporting resident pupils to another

13 school district's vocational program, offered through a joint

14 agreement approved by the State Board of Education, as

15 provided in Section 10-22.22 or transporting its resident

16 pupils to a school which meets the standards for recognition

17 as established by the State Board of Education which provides

18 transportation meeting the standards of safety, comfort,

19 convenience, efficiency and operation prescribed by the State

20 Board of Education for resident pupils in kindergarten or any

21 of grades 1 through 12 who: (a) reside at least 1 1/2 miles as

22 measured by the customary route of travel, from the school

23 attended; or (b) reside in areas where conditions are such

24 that walking constitutes a hazard to the safety of the child

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1 when determined under Section 29-3; and (c) are transported to

2 the school attended from pick-up points at the beginning of

3 the school day and back again at the close of the school day or

4 transported to and from their assigned attendance centers

5 during the school day~~,~~ shall be reimbursed by the State as

6 hereinafter provided in this Section.

7 The State will pay the prorated allowable cost of

8 transporting eligible pupils less the real equalized assessed

9 valuation as computed under paragraph (3) of subsection (d) of

10 Section 18-8.15 in a dual school district maintaining

11 secondary grades 9 to 12 inclusive times a qualifying rate of

12 .05%; in elementary school districts maintaining grades K to 8

13 times a qualifying rate of .06%; and in unit districts

14 maintaining grades K to 12, including partial elementary unit

15 districts formed pursuant to Article 11E, times a qualifying

16 rate of .07%. For a State-authorized charter school, the State

17 shall pay the prorated allowable cost of transporting eligible

18 pupils less a real equalized assessed valuation calculated

19 pursuant to this Section times a qualifying rate. For purposes

20 of calculating the real equalized assessed valuation for a

21 State-authorized charter school whose resident district is not

22 a school district organized under Article 34 of this Code, the

23 State Board of Education shall calculate the average of the

24 number of students in grades kindergarten through 12 reported

25 as enrolled in the charter school in the State Board's Student

26 Information System on October 1 and March 1 of the immediately

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1 preceding school year. That value shall be divided by the

2 average of the number of students in grades kindergarten

3 through 12 reported as enrolled in the charter school's

4 resident district on October 1 and March 1 of the immediately

5 preceding school year. That proportion shall be multiplied by

6 the real equalized assessed valuation as computed under

7 paragraph (3) of subsection (d) of Section 18-8.15 for each

8 State-authorized charter school's applicable resident

9 district. A State-authorized charter school whose resident

10 district is organized under Article 34 of this Code shall have

11 a real equalized assessed valuation equal to the real

12 equalized assessed valuation of its resident district as

13 computed under paragraph (3) of subsection (d) of Section

14 18-8.15. A State-authorized charter school's qualifying rate

15 shall be the same as the rate that applies to the charter

16 school's resident district.

17 To be eligible to receive reimbursement in excess of 4/5

18 of the cost to transport eligible pupils, a school district or

19 partial elementary unit district formed pursuant to Article

20 11E shall have a Transportation Fund tax rate of at least .12%.

21 The Transportation Fund tax rate for a partial elementary unit

22 district formed pursuant Article 11E shall be the combined

23 elementary and high school rates pursuant to paragraph (4) of

24 subsection (a) of Section 18-8.15.

25 If a school district or partial elementary unit district

26 formed pursuant to Article 11E does not have a .12%

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1 Transportation Fund tax rate, the amount of its claim in

2 excess of 4/5 of the cost of transporting pupils shall be

3 reduced by the sum arrived at by subtracting the

4 Transportation Fund tax rate from .12% and multiplying that

5 amount by the district's real equalized assessed valuation as

6 computed under paragraph (3) of subsection (d) of Section

7 18-8.15, provided that in no case shall said reduction result

8 in reimbursement of less than 4/5 of the cost to transport

9 eligible pupils. No such adjustment may be applied to a claim

10 filed by a State-authorized charter school.

11 Subject to the calculation of equalized assessed

12 valuation, an adjustment for an insufficient tax rate, and the

13 use of a qualifying rate as provided in this Section, a

14 State-authorized charter school may make a claim for

15 reimbursement by the State that is calculated in the same

16 manner as a school district.

17 The minimum amount to be received by a district is $16

18 times the number of eligible pupils transported.

19 When calculating the reimbursement for transportation

20 costs, the State Board of Education may not deduct the number

21 of pupils enrolled in early education programs from the number

22 of pupils eligible for reimbursement if the pupils enrolled in

23 the early education programs are transported at the same time

24 as other eligible pupils.

25 Any such district transporting resident pupils during the

26 school day to an area vocational school or another school

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1 district's vocational program more than 1 1/2 miles from the

2 school attended, as provided in Sections 10-22.20a and

3 10-22.22, shall be reimbursed by the State for 4/5 of the cost

4 of transporting eligible pupils.

5 School day means that period of time during which the

6 pupil is required to be in attendance for instructional

7 purposes.

8 If a pupil is at a location within the school district

9 other than his residence for child care purposes at the time

10 for transportation to school, that location may be considered

11 for purposes of determining the 1 1/2 miles from the school

12 attended.

13 Claims for reimbursement that include children who attend

14 any school other than a public school shall show the number of

15 such children transported.

16 Claims for reimbursement under this Section shall not be

17 paid for the transportation of pupils for whom transportation

18 costs are claimed for payment under other Sections of this

19 Act.

20 The allowable direct cost of transporting pupils for

21 regular, vocational, and special education pupil

22 transportation shall be limited to the sum of the cost of

23 physical examinations required for employment as a school bus

24 driver; the salaries of full-time or part-time drivers and

25 school bus maintenance personnel; employee benefits excluding

26 Illinois municipal retirement payments, social security

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1 payments, unemployment insurance payments and workers'

2 compensation insurance premiums; expenditures to independent

3 carriers who operate school buses; payments to other school

4 districts for pupil transportation services; pre-approved

5 contractual expenditures for computerized bus scheduling;

6 expenditures for housing assistance and homeless prevention

7 under Sections 1-17 and 1-18 of the Education for Homeless

8 Children Act that are not in excess of the school district's

9 actual costs for providing transportation services and are not

10 otherwise claimed in another State or federal grant that

11 permits those costs to a parent, a legal guardian, any other

12 person who enrolled a pupil, or a homeless assistance agency

13 that is part of the federal McKinney-Vento Homeless Assistance

14 Act's continuum of care for the area in which the district is

15 located; the cost of gasoline, oil, tires, and other supplies

16 necessary for the operation of school buses; the cost of

17 converting buses' gasoline engines to more fuel efficient

18 engines or to engines which use alternative energy sources;

19 the cost of travel to meetings and workshops conducted by the

20 regional superintendent or the State Superintendent of

21 Education pursuant to the standards established by the

22 Secretary of State under Section 6-106 of the Illinois Vehicle

23 Code to improve the driving skills of school bus drivers; the

24 cost of maintenance of school buses including parts and

25 materials used; expenditures for leasing transportation

26 vehicles, except interest and service charges; the cost of

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1 insurance and licenses for transportation vehicles;

2 expenditures for the rental of transportation equipment; plus

3 a depreciation allowance of 20% for 5 years for school buses

4 and vehicles approved for transporting pupils to and from

5 school and a depreciation allowance of 10% for 10 years for

6 other transportation equipment so used. Each school year, if a

7 school district has made expenditures to the Regional

8 Transportation Authority or any of its service boards, a mass

9 transit district, or an urban transportation district under an

10 intergovernmental agreement with the district to provide for

11 the transportation of pupils and if the public transit carrier

12 received direct payment for services or passes from a school

13 district within its service area during the 2000-2001 school

14 year, then the allowable direct cost of transporting pupils

15 for regular, vocational, and special education pupil

16 transportation shall also include the expenditures that the

17 district has made to the public transit carrier. In addition

18 to the above allowable costs, school districts shall also

19 claim all transportation supervisory salary costs, including

20 Illinois municipal retirement payments, and all transportation

21 related building and building maintenance costs without

22 limitation.

23 Special education allowable costs shall also include

24 expenditures for the salaries of attendants or aides for that

25 portion of the time they assist special education pupils while

26 in transit and expenditures for parents and public carriers

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1 for transporting special education pupils when pre-approved by

2 the State Superintendent of Education.

3 Indirect costs shall be included in the reimbursement

4 claim for districts which own and operate their own school

5 buses. Such indirect costs shall include administrative costs,

6 or any costs attributable to transporting pupils from their

7 attendance centers to another school building for

8 instructional purposes. No school district which owns and

9 operates its own school buses may claim reimbursement for

10 indirect costs which exceed 5% of the total allowable direct

11 costs for pupil transportation.

12 The State Board of Education shall prescribe uniform

13 regulations for determining the above standards and shall

14 prescribe forms of cost accounting and standards of

15 determining reasonable depreciation. Such depreciation shall

16 include the cost of equipping school buses with the safety

17 features required by law or by the rules, regulations and

18 standards promulgated by the State Board of Education, and the

19 Department of Transportation for the safety and construction

20 of school buses provided, however, any equipment cost

21 reimbursed by the Department of Transportation for equipping

22 school buses with such safety equipment shall be deducted from

23 the allowable cost in the computation of reimbursement under

24 this Section in the same percentage as the cost of the

25 equipment is depreciated.

26 On or before August 15, annually, the chief school

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1 administrator for the district shall certify to the State

2 Superintendent of Education the district's claim for

3 reimbursement for the school year ending on June 30 next

4 preceding. The State Superintendent of Education shall check

5 and approve the claims and prepare the vouchers showing the

6 amounts due for district reimbursement claims. Each fiscal

7 year, the State Superintendent of Education shall prepare and

8 transmit the first 3 vouchers to the Comptroller on the 30th

9 day of September, December and March, respectively, and the

10 final voucher, no later than June 20.

11 If the amount appropriated for transportation

12 reimbursement is insufficient to fund total claims for any

13 fiscal year, the State Board of Education shall reduce each

14 school district's allowable costs and flat grant amount

15 proportionately to make total adjusted claims equal the total

16 amount appropriated.

17 For purposes of calculating claims for reimbursement under

18 this Section for any school year beginning July 1, 2016, the

19 equalized assessed valuation for a school district or partial

20 elementary unit district formed pursuant to Article 11E used

21 to compute reimbursement shall be the real equalized assessed

22 valuation as computed under paragraph (3) of subsection (d) of

23 Section 18-8.15.

24 All reimbursements received from the State shall be

25 deposited into the district's transportation fund or into the

26 fund from which the allowable expenditures were made.

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1 Notwithstanding any other provision of law, any school

2 district receiving a payment under this Section or under

3 Section 14-7.02, 14-7.02b, or 14-13.01 of this Code may

4 classify all or a portion of the funds that it receives in a

5 particular fiscal year or from State aid pursuant to Section

6 18-8.15 of this Code as funds received in connection with any

7 funding program for which it is entitled to receive funds from

8 the State in that fiscal year (including, without limitation,

9 any funding program referenced in this Section), regardless of

10 the source or timing of the receipt. The district may not

11 classify more funds as funds received in connection with the

12 funding program than the district is entitled to receive in

13 that fiscal year for that program. Any classification by a

14 district must be made by a resolution of its board of

15 education. The resolution must identify the amount of any

16 payments or general State aid to be classified under this

17 paragraph and must specify the funding program to which the

18 funds are to be treated as received in connection therewith.

19 This resolution is controlling as to the classification of

20 funds referenced therein. A certified copy of the resolution

21 must be sent to the State Superintendent of Education. The

22 resolution shall still take effect even though a copy of the

23 resolution has not been sent to the State Superintendent of

24 Education in a timely manner. No classification under this

25 paragraph by a district shall affect the total amount or

26 timing of money the district is entitled to receive under this

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1 Code. No classification under this paragraph by a district

2 shall in any way relieve the district from or affect any

3 requirements that otherwise would apply with respect to that

4 funding program, including any accounting of funds by source,

5 reporting expenditures by original source and purpose,

6 reporting requirements, or requirements of providing services.

7 Any school district with a population of not more than

8 500,000 must deposit all funds received under this Article

9 into the transportation fund and use those funds for the

10 provision of transportation services.

11 (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)

12 Section 3-35. The Early Childhood Access Consortium for

13 Equity Act is amended by changing Sections 15, 20, 25, and 30

14 as follows:

15 (110 ILCS 28/15)

16 Sec. 15. Creation of Consortium; purpose; administrative

17 support.

18 (a) The Board of Higher Education and the Illinois

19 Community College Board shall create and establish the Early

20 Childhood Access Consortium for Equity.

21 (b) The purpose of the Consortium is to serve the needs of

22 the incumbent early childhood workforce and the employers of

23 early childhood educators and to advance racial equity while

24 meeting the needs of employers by streamlining, coordinating,

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1 and improving the accessibility of degree completion pathways

2 for upskilling and the sustained expansion of educational

3 pipelines at Illinois institutions of higher education.

4 (c) The Board of Higher Education and the Illinois

5 Community College Board shall convene the member institutions

6 by July 1, 2021 or within 60 days after the effective date of

7 this amendatory Act of the 102nd General Assembly. The Board

8 of Higher Education and the Illinois Community College Board

9 shall provide administrative support for the start up and

10 operation of the Consortium until a permanent governance

11 structure is developed and implemented. ~~The Board of Higher~~

12 ~~Education and the Illinois Community College Board shall work~~

13 ~~with member institutions to establish geographic regional~~

14 ~~hubs, including public universities and the proximate~~

15 ~~community colleges responsible for serving each regional hub.~~

16 (Source: P.A. 102-174, eff. 7-28-21.)

17 (110 ILCS 28/20)

18 Sec. 20. Membership; functions.

19 (a) Membership in the Consortium shall include all public

20 universities and community colleges in this State that offer

21 early childhood programs. Membership by private,

22 not-for-profit universities is optional and conditional on the

23 acceptance of the terms adopted by the public members, the

24 related administrative rules, and the provisions of this Act.

25 For-profit institutions of higher education are not eligible

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1 for membership in the Consortium. Participating institutions

2 must be accredited by the Higher Learning Commission and

3 entitled to offer Gateways Credentials.

4 (b) The members of the Consortium shall operate jointly

5 and in cooperation ~~through regional hubs~~ to provide

6 streamlined paths for students to attain associate degrees,

7 bachelor's degrees, master's degrees, certificates, and

8 Gateways Credentials and other licensure endorsements in early

9 childhood education. The priority shall be to focus on the

10 incumbent workforce, which includes working adults who require

11 programs of study that offer flexibility in the times courses

12 are offered, location, and format. The Consortium shall

13 cooperate in all of the following:

14 (1) Providing course offerings ~~within each regional~~

15 ~~hub~~ in online, hybrid, and in-person formats that are

16 available to any student enrolled in a member institution

17 ~~in that hub~~ for occasions in which a particular course is

18 not available at the student's home institution. In this

19 paragraph (1), "not available" may mean the course is not

20 offered during a term, at a time, or in a format that works

21 best for the student. Courses taken at any member

22 institution shall be accepted toward the student's degree

23 at any other member institution. Course offerings across

24 institutions ~~regional hubs~~ may also be provided by an

25 agreement between Consortium members. All course

26 registration shall take place in consultation with a

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1 student's academic advisor.

2 (2) Shared responsibilities through the Consortium ~~and~~

3 ~~within~~ and across the State ~~regional hubs~~ to expand access

4 for students.

5 (3) Transfers in accordance with Section 130-10 of the

6 Transitions in Education Act.

7 (4) The development of standardized methods for

8 awarding credit for prior learning.

9 (5) The support necessary for student access,

10 persistence, and completion shall be provided by the home

11 institution, unless otherwise provided by agreement

12 between Consortium members.

13 (6) Admissions, financial arrangements, registration,

14 and advising services shall be functions of the home

15 institution but shall be honored across the Consortium.

16 (7) Member institutions working with their regional

17 pre-kindergarten through 12th grade and early childhood

18 employer partners to determine demand throughout the

19 region.

20 (8) Data-sharing agreements.

21 (9) An agreement that students enrolled in associate

22 degree programs are encouraged to complete the associate

23 degree program prior to transferring to a bachelor's

24 degree program.

25 (10) Development of other shared agreements and terms

26 necessary to implement the Consortium and its

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1 responsibilities.

2 By January 31, 2022, the Consortium shall decide how to

3 assign college credit for the incumbent workers who have a

4 Child Development Associate (CDA) credential and for future

5 workers obtaining a CDA.

6 (c) The Consortium may facilitate or implement the

7 following if deemed beneficial and feasible:

8 (1) the creation of an open education resource

9 library;

10 (2) support and training for program coaches and

11 cross-institutional navigators; and

12 (3) support for the development, implementation, and

13 participation in a statewide registry system through the

14 Illinois Network of Child Care Resource and Referral

15 Agencies (INCCRRA) to provide tracking and data

16 capabilities for students across the system as they attain

17 competency through coursework.

18 (Source: P.A. 102-174, eff. 7-28-21.)

19 (110 ILCS 28/25)

20 Sec. 25. Advisory committee; membership.

21 (a) The Board of Higher Education, the Illinois Community

22 College Board, the State Board of Education, the Department of

23 Human Services, and the Governor's Office of Early Childhood

24 Development shall jointly convene a Consortium advisory

25 committee to provide guidance on the operation of the

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1 Consortium.

2 (b) Membership on the advisory committee shall be

3 comprised of employers and experts appointed by the Board of

4 Higher Education, the Illinois Community College Board, the

5 Governor's Office of Early Childhood Development, and the

6 State Board of Education. Membership shall also include all of

7 the following members:

8 (1) An employer from a community-based child care

9 provider, appointed by the Governor's Office of Early

10 Childhood Development.

11 (2) An employer from a for-profit child care provider,

12 appointed by the Governor's Office of Early Childhood

13 Development.

14 (3) An employer from a nonprofit child care provider,

15 appointed by the Governor's Office of Early Childhood

16 Development.

17 (4) A provider of family child care, appointed by the

18 Governor's Office of Early Childhood Development.

19 (5) An employer located in southern Illinois,

20 appointed by the Governor's Office of Early Childhood

21 Development.

22 (6) An employer located in central Illinois, appointed

23 by the Governor's Office of Early Childhood Development.

24 (7) At least one member who represents an urban school

25 district, appointed by the State Board of Education.

26 (8) At least one member who represents a suburban

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1 school district, appointed by the State Board of

2 Education.

3 (9) At least one member who represents a rural school

4 district, appointed by the State Board of Education.

5 (10) At least one member who represents a school

6 district in a city with a population of 500,000 or more,

7 appointed by the State Board of Education.

8 (11) Two early childhood advocates with statewide

9 expertise in early childhood workforce issues, appointed

10 by the Governor's Office of Early Childhood Development.

11 (12) The Chairperson or Vice-Chairperson and the

12 Minority Spokesperson or a designee of the Senate

13 Committee on Higher Education.

14 (13) The Chairperson or Vice-Chairperson and the

15 Minority Spokesperson or a designee of the House Committee

16 on Higher Education.

17 (14) One member representing the Illinois Community

18 College Board, who shall serve as co-chairperson,

19 appointed by the Illinois Community College Board.

20 (15) One member representing the Board of Higher

21 Education, who shall serve as co-chairperson, appointed by

22 the Board of Higher Education.

23 (16) One member representing the Illinois Student

24 Assistance Commission, appointed by the Illinois Student

25 Assistance Commission ~~Board of Higher Education~~.

26 (17) One member representing the State Board of

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1 Education, who shall serve as co-chairperson, appointed by

2 the State Board of Education.

3 (18) One member representing the Governor's Office of

4 Early Childhood Development, who shall serve as

5 co-chairperson, appointed by the Governor's Office of

6 Early Childhood Development.

7 (19) One member representing the Department of Human

8 Services, who shall serve as co-chairperson, appointed by

9 the Governor's Office of Early Childhood Development.

10 (20) One member representing INCCRRA, appointed by the

11 Governor's Office of Early Childhood Development.

12 (21) One member representing the Department of

13 Children and Family Services, appointed by the Governor's

14 Office of Early Childhood Development.

15 (22) One member representing an organization that

16 advocates on behalf of community college trustees,

17 appointed by the Illinois Community College Board.

18 (23) One member of a union representing child care and

19 early childhood providers, appointed by the Governor's

20 Office of Early Childhood Development.

21 (24) Two members of unions representing higher

22 education faculty, appointed by the Board of Higher

23 Education.

24 (25) A representative from the College of Education of

25 an urban public university, appointed by the Board of

26 Higher Education.

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1 (26) A representative from the College of Education of

2 a suburban public university, appointed by the Board of

3 Higher Education.

4 (27) A representative from the College of Education of

5 a rural public university, appointed by the Board of

6 Higher Education.

7 (28) A representative from the College of Education of

8 a private university, appointed by the Board of Higher

9 Education.

10 (29) A representative of an urban community college,

11 appointed by the Illinois Community College Board.

12 (30) A representative of a suburban community college,

13 appointed by the Illinois Community College Board.

14 (31) A representative of rural community college,

15 appointed by the Illinois Community College Board.

16 (c) The advisory committee shall meet at least twice a

17 year ~~quarterly~~. The committee meetings shall be open to the

18 public in accordance with the provisions of the Open Meetings

19 Act.

20 (d) Except for the co-chairpersons of the advisory

21 committee, the initial terms for advisory committee members

22 after the effective date of this amendatory Act of the 103rd

23 General Assembly shall be set by lottery at the first meeting

24 after the effective date of this amendatory Act of the 103rd

25 General Assembly as follows:

26 (1) One-third of members shall serve a 1-year term.

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1 (2) One-third of members shall serve a 2-year term.

2 (3) One-third of members shall serve a 3-year term.

3 (e) The initial term of co-chairpersons of the advisory

4 committee shall be for 3 years.

5 (f) After the initial term, each subsequent term for the

6 members of the advisory committee shall be for 3 years or until

7 a successor is appointed.

8 (g) The members of the advisory committee shall serve

9 without compensation, but shall be entitled to reimbursement

10 for all necessary expenses incurred in the performance of

11 their official duties as members of the advisory committee

12 from funds appropriated for that purpose.

13 (Source: P.A. 102-174, eff. 7-28-21.)

14 (110 ILCS 28/30)

15 Sec. 30. Reporting. The Consortium shall report to the

16 General Assembly, to the Senate and House Committees with

17 oversight over higher education, to the Governor, and to the

18 advisory committee on the progress made by the Consortium. A

19 report must include, but is not limited to, all of the

20 following information:

21 (1) Student enrollment numbers by academic year ~~for~~

22 ~~the fall and spring terms or semesters~~, retention rates,

23 persistence, and completion in relevant associate,

24 baccalaureate, and credential programs, including

25 demographic data that is disaggregated by race, ethnicity,

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1 geography, higher education sector, and federal Pell Grant

2 status, reported annually ~~twice per year. Completion~~

3 ~~numbers and rates, employer type, and years worked shall~~

4 ~~be reported annually~~.

5 (2) For students enrolled in early childhood programs,

6 average assessed tuition, average ~~Tuition rates charged~~

7 ~~and~~ net price, number of students receiving student loans,

8 and average loan amount ~~prices paid, reported both as~~

9 ~~including and excluding student loans, by enrolled members~~

10 ~~of the incumbent workforce~~, reported annually.

11 (3) Outreach plans to recruit and enroll incumbent

12 workforce members, reported annually ~~twice per year~~.

13 (4) Participation of the incumbent workforce in

14 outreach programs, which may include participation in an

15 informational session, social media engagement, or other

16 activities, reported annually ~~twice per year~~.

17 (5) Student academic and holistic support plans to

18 help the enrolled incumbent workforce persist in their

19 education, reported annually.

20 (6) Evidence of engagement and responsiveness to the

21 needs of employer partners, reported annually.

22 (7) The Consortium budget including the use of federal

23 funds, reported annually.

24 (8) Member contributions, including financial,

25 physical, or in-kind contributions, provided to the

26 Consortium, reported annually.

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1 (9) Information on Early Childhood Access Consortium

2 for Equity Scholarships awarded under the Higher Education

3 Student Assistance Act, including demographic data that is

4 disaggregated by race and ethnicity, federal Pell Grant

5 eligibility status, geography, age, gender, and higher

6 education sector, reported annually. Employer type and

7 years worked, as provided by students via the scholarship

8 application, reported annually. To the extent possible

9 given available data and resources, information on

10 scholarship recipients' subsequent employment in the early

11 childhood care and education field in this State.

12 (Source: P.A. 102-174, eff. 7-28-21.)

13 Section 3-37. The Higher Education Student Assistance Act

14 is amended by adding Section 65.125 as follows:

15 (110 ILCS 947/65.125 new)

16 Sec. 65.125. Early Childhood Access Consortium for Equity

17 Scholarship Program.

18 (a) As used in this Section, "incumbent workforce" has the

19 meaning ascribed to that term in the Early Childhood Access

20 Consortium for Equity Act.

21 (b) Subject to appropriation, the Commission shall

22 implement and administer an early childhood educator

23 scholarship program, to be known as the Early Childhood Access

24 Consortium for Equity Scholarship Program. Under the Program,

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1 the Commission shall annually award scholarships to early

2 childhood education students enrolled in institutions of

3 higher education participating in the Early Childhood Access

4 Consortium for Equity under the Early Childhood Access

5 Consortium for Equity Act with preference given to members of

6 the incumbent workforce.

7 (c) To ensure alignment with Consortium goals and changing

8 workforce needs, the Commission shall work in partnership with

9 the Board of Higher Education and the Illinois Community

10 College Board in program design, and the Board of Higher

11 Education and the Illinois Community College Board shall

12 solicit feedback from the Consortium advisory committee

13 established under Section 25 of the Early Childhood Access

14 Consortium for Equity Act.

15 (d) In awarding a scholarship under this Section, the

16 Commission may give preference to applicants who received a

17 scholarship under this Section during the prior academic year,

18 to applicants with financial need, or both.

19 (e) Prior to receiving scholarship assistance for any

20 academic year, each recipient of a scholarship awarded under

21 this Section shall be required by the Commission to sign an

22 agreement under which the recipient pledges to continue or

23 return to teaching or direct services in the early childhood

24 care and education field in this State after they complete

25 their program of study.

26 (f) The Commission may adopt any rules necessary to

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1 implement and administer the Program.

2 Section 3-45. The Illinois Horse Racing Act of 1975 is

3 amended by changing Section 28.1 as follows:

4 (230 ILCS 5/28.1)

5 Sec. 28.1. Payments.

6 (a) Beginning on January 1, 2000, moneys collected by the

7 Department of Revenue and the Racing Board pursuant to Section

8 26 or Section 27 of this Act shall be deposited into the Horse

9 Racing Fund, which is hereby created as a special fund in the

10 State Treasury.

11 (b) Appropriations, as approved by the General Assembly,

12 may be made from the Horse Racing Fund to the Board to pay the

13 salaries of the Board members, secretary, stewards, directors

14 of mutuels, veterinarians, representatives, accountants,

15 clerks, stenographers, inspectors and other employees of the

16 Board, and all expenses of the Board incident to the

17 administration of this Act, including, but not limited to, all

18 expenses and salaries incident to the taking of saliva and

19 urine samples in accordance with the rules and regulations of

20 the Board.

21 (c) (Blank).

22 (d) Beginning January 1, 2000, payments to all programs in

23 existence on the effective date of this amendatory Act of 1999

24 that are identified in Sections 26(c), 26(f), 26(h)(11)(C),

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1 and 28, subsections (a), (b), (c), (d), (e), (f), (g), and (h)

2 of Section 30, and subsections (a), (b), (c), (d), (e), (f),

3 (g), and (h) of Section 31 shall be made from the General

4 Revenue Fund at the funding levels determined by amounts paid

5 under this Act in calendar year 1998. Beginning on the

6 effective date of this amendatory Act of the 93rd General

7 Assembly, payments to the Peoria Park District shall be made

8 from the General Revenue Fund at the funding level determined

9 by amounts paid to that park district for museum purposes

10 under this Act in calendar year 1994.

11 If an inter-track wagering location licensee's facility

12 changes its location, then the payments associated with that

13 facility under this subsection (d) for museum purposes shall

14 be paid to the park district in the area where the facility

15 relocates, and the payments shall be used for museum purposes.

16 If the facility does not relocate to a park district, then the

17 payments shall be paid to the taxing district that is

18 responsible for park or museum expenditures.

19 (e) Beginning July 1, 2006, the payment authorized under

20 subsection (d) to museums and aquariums located in park

21 districts of over 500,000 population shall be paid to museums,

22 aquariums, and zoos in amounts determined by Museums in the

23 Park, an association of museums, aquariums, and zoos located

24 on Chicago Park District property.

25 (f) Beginning July 1, 2007, the Children's Discovery

26 Museum in Normal, Illinois shall receive payments from the

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1 General Revenue Fund at the funding level determined by the

2 amounts paid to the Miller Park Zoo in Bloomington, Illinois

3 under this Section in calendar year 2006.

4 (g) On July 3, 2024 ~~2023~~, the Comptroller shall order

5 transferred and the Treasurer shall transfer $3,200,000

6 ~~$5,100,000~~ from the Horse Racing Fund to the Horse Racing

7 Purse Equity Fund.

8 (Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23.)

9 Section 3-50. The Illinois Public Aid Code is amended by

10 changing Section 5-5.4 as follows:

11 (305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)

12 Sec. 5-5.4. Standards of payment; Department ~~Payment -~~

13 ~~Department~~ of Healthcare and Family Services. The Department

14 of Healthcare and Family Services shall develop standards of

15 payment of nursing facility and ICF/DD services in facilities

16 providing such services under this Article which:

17 (1) Provide for the determination of a facility's payment

18 for nursing facility or ICF/DD services on a prospective

19 basis. The amount of the payment rate for all nursing

20 facilities certified by the Department of Public Health under

21 the ID/DD Community Care Act or the Nursing Home Care Act as

22 Intermediate Care for the Developmentally Disabled facilities,

23 Long Term Care for Under Age 22 facilities, Skilled Nursing

24 facilities, or Intermediate Care facilities under the medical

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1 assistance program shall be prospectively established annually

2 on the basis of historical, financial, and statistical data

3 reflecting actual costs from prior years, which shall be

4 applied to the current rate year and updated for inflation,

5 except that the capital cost element for newly constructed

6 facilities shall be based upon projected budgets. The annually

7 established payment rate shall take effect on July 1 in 1984

8 and subsequent years. No rate increase and no update for

9 inflation shall be provided on or after July 1, 1994, unless

10 specifically provided for in this Section. The changes made by

11 Public Act 93-841 extending the duration of the prohibition

12 against a rate increase or update for inflation are effective

13 retroactive to July 1, 2004.

14 For facilities licensed by the Department of Public Health

15 under the Nursing Home Care Act as Intermediate Care for the

16 Developmentally Disabled facilities or Long Term Care for

17 Under Age 22 facilities, the rates taking effect on July 1,

18 1998 shall include an increase of 3%. For facilities licensed

19 by the Department of Public Health under the Nursing Home Care

20 Act as Skilled Nursing facilities or Intermediate Care

21 facilities, the rates taking effect on July 1, 1998 shall

22 include an increase of 3% plus $1.10 per resident-day, as

23 defined by the Department. For facilities licensed by the

24 Department of Public Health under the Nursing Home Care Act as

25 Intermediate Care Facilities for the Developmentally Disabled

26 or Long Term Care for Under Age 22 facilities, the rates taking

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1 effect on January 1, 2006 shall include an increase of 3%. For

2 facilities licensed by the Department of Public Health under

3 the Nursing Home Care Act as Intermediate Care Facilities for

4 the Developmentally Disabled or Long Term Care for Under Age

5 22 facilities, the rates taking effect on January 1, 2009

6 shall include an increase sufficient to provide a $0.50 per

7 hour wage increase for non-executive staff. For facilities

8 licensed by the Department of Public Health under the ID/DD

9 Community Care Act as ID/DD Facilities the rates taking effect

10 within 30 days after July 6, 2017 (the effective date of Public

11 Act 100-23) shall include an increase sufficient to provide a

12 $0.75 per hour wage increase for non-executive staff. The

13 Department shall adopt rules, including emergency rules under

14 subsection (y) of Section 5-45 of the Illinois Administrative

15 Procedure Act, to implement the provisions of this paragraph.

16 For facilities licensed by the Department of Public Health

17 under the ID/DD Community Care Act as ID/DD Facilities and

18 under the MC/DD Act as MC/DD Facilities, the rates taking

19 effect within 30 days after June 5, 2019 (the effective date of

20 Public Act 101-10) shall include an increase sufficient to

21 provide a $0.50 per hour wage increase for non-executive

22 front-line personnel, including, but not limited to, direct

23 support persons, aides, front-line supervisors, qualified

24 intellectual disabilities professionals, nurses, and

25 non-administrative support staff. The Department shall adopt

26 rules, including emergency rules under subsection (bb) of

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1 Section 5-45 of the Illinois Administrative Procedure Act, to

2 implement the provisions of this paragraph.

3 For facilities licensed by the Department of Public Health

4 under the Nursing Home Care Act as Intermediate Care for the

5 Developmentally Disabled facilities or Long Term Care for

6 Under Age 22 facilities, the rates taking effect on July 1,

7 1999 shall include an increase of 1.6% plus $3.00 per

8 resident-day, as defined by the Department. For facilities

9 licensed by the Department of Public Health under the Nursing

10 Home Care Act as Skilled Nursing facilities or Intermediate

11 Care facilities, the rates taking effect on July 1, 1999 shall

12 include an increase of 1.6% and, for services provided on or

13 after October 1, 1999, shall be increased by $4.00 per

14 resident-day, as defined by the Department.

15 For facilities licensed by the Department of Public Health

16 under the Nursing Home Care Act as Intermediate Care for the

17 Developmentally Disabled facilities or Long Term Care for

18 Under Age 22 facilities, the rates taking effect on July 1,

19 2000 shall include an increase of 2.5% per resident-day, as

20 defined by the Department. For facilities licensed by the

21 Department of Public Health under the Nursing Home Care Act as

22 Skilled Nursing facilities or Intermediate Care facilities,

23 the rates taking effect on July 1, 2000 shall include an

24 increase of 2.5% per resident-day, as defined by the

25 Department.

26 For facilities licensed by the Department of Public Health

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1 under the Nursing Home Care Act as skilled nursing facilities

2 or intermediate care facilities, a new payment methodology

3 must be implemented for the nursing component of the rate

4 effective July 1, 2003. The Department of Public Aid (now

5 Healthcare and Family Services) shall develop the new payment

6 methodology using the Minimum Data Set (MDS) as the instrument

7 to collect information concerning nursing home resident

8 condition necessary to compute the rate. The Department shall

9 develop the new payment methodology to meet the unique needs

10 of Illinois nursing home residents while remaining subject to

11 the appropriations provided by the General Assembly. A

12 transition period from the payment methodology in effect on

13 June 30, 2003 to the payment methodology in effect on July 1,

14 2003 shall be provided for a period not exceeding 3 years and

15 184 days after implementation of the new payment methodology

16 as follows:

17 (A) For a facility that would receive a lower nursing

18 component rate per patient day under the new system than

19 the facility received effective on the date immediately

20 preceding the date that the Department implements the new

21 payment methodology, the nursing component rate per

22 patient day for the facility shall be held at the level in

23 effect on the date immediately preceding the date that the

24 Department implements the new payment methodology until a

25 higher nursing component rate of reimbursement is achieved

26 by that facility.

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1 (B) For a facility that would receive a higher nursing

2 component rate per patient day under the payment

3 methodology in effect on July 1, 2003 than the facility

4 received effective on the date immediately preceding the

5 date that the Department implements the new payment

6 methodology, the nursing component rate per patient day

7 for the facility shall be adjusted.

8 (C) Notwithstanding paragraphs (A) and (B), the

9 nursing component rate per patient day for the facility

10 shall be adjusted subject to appropriations provided by

11 the General Assembly.

12 For facilities licensed by the Department of Public Health

13 under the Nursing Home Care Act as Intermediate Care for the

14 Developmentally Disabled facilities or Long Term Care for

15 Under Age 22 facilities, the rates taking effect on March 1,

16 2001 shall include a statewide increase of 7.85%, as defined

17 by the Department.

18 Notwithstanding any other provision of this Section, for

19 facilities licensed by the Department of Public Health under

20 the Nursing Home Care Act as skilled nursing facilities or

21 intermediate care facilities, except facilities participating

22 in the Department's demonstration program pursuant to the

23 provisions of Title 77, Part 300, Subpart T of the Illinois

24 Administrative Code, the numerator of the ratio used by the

25 Department of Healthcare and Family Services to compute the

26 rate payable under this Section using the Minimum Data Set

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1 (MDS) methodology shall incorporate the following annual

2 amounts as the additional funds appropriated to the Department

3 specifically to pay for rates based on the MDS nursing

4 component methodology in excess of the funding in effect on

5 December 31, 2006:

6 (i) For rates taking effect January 1, 2007,

7 $60,000,000.

8 (ii) For rates taking effect January 1, 2008,

9 $110,000,000.

10 (iii) For rates taking effect January 1, 2009,

11 $194,000,000.

12 (iv) For rates taking effect April 1, 2011, or the

13 first day of the month that begins at least 45 days after

14 February 16, 2011 (the effective date of Public Act

15 96-1530), $416,500,000 or an amount as may be necessary to

16 complete the transition to the MDS methodology for the

17 nursing component of the rate. Increased payments under

18 this item (iv) are not due and payable, however, until (i)

19 the methodologies described in this paragraph are approved

20 by the federal government in an appropriate State Plan

21 amendment and (ii) the assessment imposed by Section 5B-2

22 of this Code is determined to be a permissible tax under

23 Title XIX of the Social Security Act.

24 Notwithstanding any other provision of this Section, for

25 facilities licensed by the Department of Public Health under

26 the Nursing Home Care Act as skilled nursing facilities or

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1 intermediate care facilities, the support component of the

2 rates taking effect on January 1, 2008 shall be computed using

3 the most recent cost reports on file with the Department of

4 Healthcare and Family Services no later than April 1, 2005,

5 updated for inflation to January 1, 2006.

6 For facilities licensed by the Department of Public Health

7 under the Nursing Home Care Act as Intermediate Care for the

8 Developmentally Disabled facilities or Long Term Care for

9 Under Age 22 facilities, the rates taking effect on April 1,

10 2002 shall include a statewide increase of 2.0%, as defined by

11 the Department. This increase terminates on July 1, 2002;

12 beginning July 1, 2002 these rates are reduced to the level of

13 the rates in effect on March 31, 2002, as defined by the

14 Department.

15 For facilities licensed by the Department of Public Health

16 under the Nursing Home Care Act as skilled nursing facilities

17 or intermediate care facilities, the rates taking effect on

18 July 1, 2001 shall be computed using the most recent cost

19 reports on file with the Department of Public Aid no later than

20 April 1, 2000, updated for inflation to January 1, 2001. For

21 rates effective July 1, 2001 only, rates shall be the greater

22 of the rate computed for July 1, 2001 or the rate effective on

23 June 30, 2001.

24 Notwithstanding any other provision of this Section, for

25 facilities licensed by the Department of Public Health under

26 the Nursing Home Care Act as skilled nursing facilities or

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1 intermediate care facilities, the Illinois Department shall

2 determine by rule the rates taking effect on July 1, 2002,

3 which shall be 5.9% less than the rates in effect on June 30,

4 2002.

5 Notwithstanding any other provision of this Section, for

6 facilities licensed by the Department of Public Health under

7 the Nursing Home Care Act as skilled nursing facilities or

8 intermediate care facilities, if the payment methodologies

9 required under Section 5A-12 and the waiver granted under 42

10 CFR 433.68 are approved by the United States Centers for

11 Medicare and Medicaid Services, the rates taking effect on

12 July 1, 2004 shall be 3.0% greater than the rates in effect on

13 June 30, 2004. These rates shall take effect only upon

14 approval and implementation of the payment methodologies

15 required under Section 5A-12.

16 Notwithstanding any other provisions of this Section, for

17 facilities licensed by the Department of Public Health under

18 the Nursing Home Care Act as skilled nursing facilities or

19 intermediate care facilities, the rates taking effect on

20 January 1, 2005 shall be 3% more than the rates in effect on

21 December 31, 2004.

22 Notwithstanding any other provision of this Section, for

23 facilities licensed by the Department of Public Health under

24 the Nursing Home Care Act as skilled nursing facilities or

25 intermediate care facilities, effective January 1, 2009, the

26 per diem support component of the rates effective on January

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1 1, 2008, computed using the most recent cost reports on file

2 with the Department of Healthcare and Family Services no later

3 than April 1, 2005, updated for inflation to January 1, 2006,

4 shall be increased to the amount that would have been derived

5 using standard Department of Healthcare and Family Services

6 methods, procedures, and inflators.

7 Notwithstanding any other provisions of this Section, for

8 facilities licensed by the Department of Public Health under

9 the Nursing Home Care Act as intermediate care facilities that

10 are federally defined as Institutions for Mental Disease, or

11 facilities licensed by the Department of Public Health under

12 the Specialized Mental Health Rehabilitation Act of 2013, a

13 socio-development component rate equal to 6.6% of the

14 facility's nursing component rate as of January 1, 2006 shall

15 be established and paid effective July 1, 2006. The

16 socio-development component of the rate shall be increased by

17 a factor of 2.53 on the first day of the month that begins at

18 least 45 days after January 11, 2008 (the effective date of

19 Public Act 95-707). As of August 1, 2008, the

20 socio-development component rate shall be equal to 6.6% of the

21 facility's nursing component rate as of January 1, 2006,

22 multiplied by a factor of 3.53. For services provided on or

23 after April 1, 2011, or the first day of the month that begins

24 at least 45 days after February 16, 2011 (the effective date of

25 Public Act 96-1530), whichever is later, the Illinois

26 Department may by rule adjust these socio-development

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1 component rates, and may use different adjustment

2 methodologies for those facilities participating, and those

3 not participating, in the Illinois Department's demonstration

4 program pursuant to the provisions of Title 77, Part 300,

5 Subpart T of the Illinois Administrative Code, but in no case

6 may such rates be diminished below those in effect on August 1,

7 2008.

8 For facilities licensed by the Department of Public Health

9 under the Nursing Home Care Act as Intermediate Care for the

10 Developmentally Disabled facilities or as long-term care

11 facilities for residents under 22 years of age, the rates

12 taking effect on July 1, 2003 shall include a statewide

13 increase of 4%, as defined by the Department.

14 For facilities licensed by the Department of Public Health

15 under the Nursing Home Care Act as Intermediate Care for the

16 Developmentally Disabled facilities or Long Term Care for

17 Under Age 22 facilities, the rates taking effect on the first

18 day of the month that begins at least 45 days after January 11,

19 2008 (the effective date of Public Act 95-707) shall include a

20 statewide increase of 2.5%, as defined by the Department.

21 Notwithstanding any other provision of this Section, for

22 facilities licensed by the Department of Public Health under

23 the Nursing Home Care Act as skilled nursing facilities or

24 intermediate care facilities, effective January 1, 2005,

25 facility rates shall be increased by the difference between

26 (i) a facility's per diem property, liability, and malpractice

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1 insurance costs as reported in the cost report filed with the

2 Department of Public Aid and used to establish rates effective

3 July 1, 2001 and (ii) those same costs as reported in the

4 facility's 2002 cost report. These costs shall be passed

5 through to the facility without caps or limitations, except

6 for adjustments required under normal auditing procedures.

7 Rates established effective each July 1 shall govern

8 payment for services rendered throughout that fiscal year,

9 except that rates established on July 1, 1996 shall be

10 increased by 6.8% for services provided on or after January 1,

11 1997. Such rates will be based upon the rates calculated for

12 the year beginning July 1, 1990, and for subsequent years

13 thereafter until June 30, 2001 shall be based on the facility

14 cost reports for the facility fiscal year ending at any point

15 in time during the previous calendar year, updated to the

16 midpoint of the rate year. The cost report shall be on file

17 with the Department no later than April 1 of the current rate

18 year. Should the cost report not be on file by April 1, the

19 Department shall base the rate on the latest cost report filed

20 by each skilled care facility and intermediate care facility,

21 updated to the midpoint of the current rate year. In

22 determining rates for services rendered on and after July 1,

23 1985, fixed time shall not be computed at less than zero. The

24 Department shall not make any alterations of regulations which

25 would reduce any component of the Medicaid rate to a level

26 below what that component would have been utilizing in the

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1 rate effective on July 1, 1984.

2 (2) Shall take into account the actual costs incurred by

3 facilities in providing services for recipients of skilled

4 nursing and intermediate care services under the medical

5 assistance program.

6 (3) Shall take into account the medical and psycho-social

7 characteristics and needs of the patients.

8 (4) Shall take into account the actual costs incurred by

9 facilities in meeting licensing and certification standards

10 imposed and prescribed by the State of Illinois, any of its

11 political subdivisions or municipalities and by the U.S.

12 Department of Health and Human Services pursuant to Title XIX

13 of the Social Security Act.

14 The Department of Healthcare and Family Services shall

15 develop precise standards for payments to reimburse nursing

16 facilities for any utilization of appropriate rehabilitative

17 personnel for the provision of rehabilitative services which

18 is authorized by federal regulations, including reimbursement

19 for services provided by qualified therapists or qualified

20 assistants, and which is in accordance with accepted

21 professional practices. Reimbursement also may be made for

22 utilization of other supportive personnel under appropriate

23 supervision.

24 The Department shall develop enhanced payments to offset

25 the additional costs incurred by a facility serving

26 exceptional need residents and shall allocate at least

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1 $4,000,000 of the funds collected from the assessment

2 established by Section 5B-2 of this Code for such payments.

3 For the purpose of this Section, "exceptional needs" means,

4 but need not be limited to, ventilator care and traumatic

5 brain injury care. The enhanced payments for exceptional need

6 residents under this paragraph are not due and payable,

7 however, until (i) the methodologies described in this

8 paragraph are approved by the federal government in an

9 appropriate State Plan amendment and (ii) the assessment

10 imposed by Section 5B-2 of this Code is determined to be a

11 permissible tax under Title XIX of the Social Security Act.

12 Beginning January 1, 2014 the methodologies for

13 reimbursement of nursing facility services as provided under

14 this Section 5-5.4 shall no longer be applicable for services

15 provided on or after January 1, 2014.

16 No payment increase under this Section for the MDS

17 methodology, exceptional care residents, or the

18 socio-development component rate established by Public Act

19 96-1530 of the 96th General Assembly and funded by the

20 assessment imposed under Section 5B-2 of this Code shall be

21 due and payable until after the Department notifies the

22 long-term care providers, in writing, that the payment

23 methodologies to long-term care providers required under this

24 Section have been approved by the Centers for Medicare and

25 Medicaid Services of the U.S. Department of Health and Human

26 Services and the waivers under 42 CFR 433.68 for the

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1 assessment imposed by this Section, if necessary, have been

2 granted by the Centers for Medicare and Medicaid Services of

3 the U.S. Department of Health and Human Services. Upon

4 notification to the Department of approval of the payment

5 methodologies required under this Section and the waivers

6 granted under 42 CFR 433.68, all increased payments otherwise

7 due under this Section prior to the date of notification shall

8 be due and payable within 90 days of the date federal approval

9 is received.

10 On and after July 1, 2012, the Department shall reduce any

11 rate of reimbursement for services or other payments or alter

12 any methodologies authorized by this Code to reduce any rate

13 of reimbursement for services or other payments in accordance

14 with Section 5-5e.

15 For facilities licensed by the Department of Public Health

16 under the ID/DD Community Care Act as ID/DD Facilities and

17 under the MC/DD Act as MC/DD Facilities, subject to federal

18 approval, the rates taking effect for services delivered on or

19 after August 1, 2019 shall be increased by 3.5% over the rates

20 in effect on June 30, 2019. The Department shall adopt rules,

21 including emergency rules under subsection (ii) of Section

22 5-45 of the Illinois Administrative Procedure Act, to

23 implement the provisions of this Section, including wage

24 increases for direct care staff.

25 For facilities licensed by the Department of Public Health

26 under the ID/DD Community Care Act as ID/DD Facilities and

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1 under the MC/DD Act as MC/DD Facilities, subject to federal

2 approval, the rates taking effect on the latter of the

3 approval date of the State Plan Amendment for these facilities

4 or the Waiver Amendment for the home and community-based

5 services settings shall include an increase sufficient to

6 provide a $0.26 per hour wage increase to the base wage for

7 non-executive staff. The Department shall adopt rules,

8 including emergency rules as authorized by Section 5-45 of the

9 Illinois Administrative Procedure Act, to implement the

10 provisions of this Section, including wage increases for

11 direct care staff.

12 For facilities licensed by the Department of Public Health

13 under the ID/DD Community Care Act as ID/DD Facilities and

14 under the MC/DD Act as MC/DD Facilities, subject to federal

15 approval of the State Plan Amendment and the Waiver Amendment

16 for the home and community-based services settings, the rates

17 taking effect for the services delivered on or after July 1,

18 2020 shall include an increase sufficient to provide a $1.00

19 per hour wage increase for non-executive staff. For services

20 delivered on or after January 1, 2021, subject to federal

21 approval of the State Plan Amendment and the Waiver Amendment

22 for the home and community-based services settings, shall

23 include an increase sufficient to provide a $0.50 per hour

24 increase for non-executive staff. The Department shall adopt

25 rules, including emergency rules as authorized by Section 5-45

26 of the Illinois Administrative Procedure Act, to implement the

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1 provisions of this Section, including wage increases for

2 direct care staff.

3 For facilities licensed by the Department of Public Health

4 under the ID/DD Community Care Act as ID/DD Facilities and

5 under the MC/DD Act as MC/DD Facilities, subject to federal

6 approval of the State Plan Amendment, the rates taking effect

7 for the residential services delivered on or after July 1,

8 2021, shall include an increase sufficient to provide a $0.50

9 per hour increase for aides in the rate methodology. For

10 facilities licensed by the Department of Public Health under

11 the ID/DD Community Care Act as ID/DD Facilities and under the

12 MC/DD Act as MC/DD Facilities, subject to federal approval of

13 the State Plan Amendment, the rates taking effect for the

14 residential services delivered on or after January 1, 2022

15 shall include an increase sufficient to provide a $1.00 per

16 hour increase for aides in the rate methodology. In addition,

17 for residential services delivered on or after January 1, 2022

18 such rates shall include an increase sufficient to provide

19 wages for all residential non-executive direct care staff,

20 excluding aides, at the federal Department of Labor, Bureau of

21 Labor Statistics' average wage as defined in rule by the

22 Department. The Department shall adopt rules, including

23 emergency rules as authorized by Section 5-45 of the Illinois

24 Administrative Procedure Act, to implement the provisions of

25 this Section.

26 For facilities licensed by the Department of Public Health

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1 under the ID/DD Community Care Act as ID/DD facilities and

2 under the MC/DD Act as MC/DD facilities, subject to federal

3 approval of the State Plan Amendment, the rates taking effect

4 for services delivered on or after January 1, 2023, shall

5 include a $1.00 per hour wage increase for all direct support

6 personnel and all other frontline personnel who are not

7 subject to the Bureau of Labor Statistics' average wage

8 increases, who work in residential and community day services

9 settings, with at least $0.50 of those funds to be provided as

10 a direct increase to all aide base wages, with the remaining

11 $0.50 to be used flexibly for base wage increases to the rate

12 methodology for aides. In addition, for residential services

13 delivered on or after January 1, 2023 the rates shall include

14 an increase sufficient to provide wages for all residential

15 non-executive direct care staff, excluding aides, at the

16 federal Department of Labor, Bureau of Labor Statistics'

17 average wage as determined by the Department. Also, for

18 services delivered on or after January 1, 2023, the rates will

19 include adjustments to employment-related expenses as defined

20 in rule by the Department. The Department shall adopt rules,

21 including emergency rules as authorized by Section 5-45 of the

22 Illinois Administrative Procedure Act, to implement the

23 provisions of this Section.

24 For facilities licensed by the Department of Public Health

25 under the ID/DD Community Care Act as ID/DD facilities and

26 under the MC/DD Act as MC/DD facilities, subject to federal

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1 approval of the State Plan Amendment, the rates taking effect

2 for services delivered on or after January 1, 2024 shall

3 include a $2.50 per hour wage increase for all direct support

4 personnel and all other frontline personnel who are not

5 subject to the Bureau of Labor Statistics' average wage

6 increases and who work in residential and community day

7 services settings. At least $1.25 of the per hour wage

8 increase shall be provided as a direct increase to all aide

9 base wages, and the remaining $1.25 of the per hour wage

10 increase shall be used flexibly for base wage increases to the

11 rate methodology for aides. In addition, for residential

12 services delivered on or after January 1, 2024, the rates

13 shall include an increase sufficient to provide wages for all

14 residential non-executive direct care staff, excluding aides,

15 at the federal Department of Labor, Bureau of Labor

16 Statistics' average wage as determined by the Department.

17 Also, for services delivered on or after January 1, 2024, the

18 rates will include adjustments to employment-related expenses

19 as defined in rule by the Department. The Department shall

20 adopt rules, including emergency rules as authorized by

21 Section 5-45 of the Illinois Administrative Procedure Act, to

22 implement the provisions of this Section.

23 For facilities licensed by the Department of Public Health

24 under the ID/DD Community Care Act as ID/DD facilities and

25 under the MC/DD Act as MC/DD facilities, subject to federal

26 approval of a State Plan Amendment, the rates taking effect

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1 for services delivered on or after January 1, 2025 shall

2 include a $1.00 per hour wage increase for all direct support

3 personnel and all other frontline personnel who are not

4 subject to the Bureau of Labor Statistics' average wage

5 increases and who work in residential and community day

6 services settings, with at least $0.75 of those funds to be

7 provided as a direct increase to all aide base wages and the

8 remaining $0.25 to be used flexibly for base wage increases to

9 the rate methodology for aides. These increases shall not be

10 used by facilities for operational and administrative

11 expenses. In addition, for residential services delivered on

12 or after January 1, 2025, the rates shall include an increase

13 sufficient to provide wages for all residential non-executive

14 direct care staff, excluding aides, at the federal Department

15 of Labor, Bureau of Labor Statistics' average wage as

16 determined by the Department. Also, for services delivered on

17 or after January 1, 2025, the rates will include adjustments

18 to employment-related expenses as defined in rule by the

19 Department. The Department shall adopt rules, including

20 emergency rules as authorized by Section 5-45 of the Illinois

21 Administrative Procedure Act, to implement the provisions of

22 this Section.

23 Notwithstanding any other provision of this Section to the

24 contrary, any regional wage adjuster for facilities located

25 outside of the counties of Cook, DuPage, Kane, Lake, McHenry,

26 and Will shall be no lower than 1.00, and any regional wage

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1 adjuster for facilities located within the counties of Cook,

2 DuPage, Kane, Lake, McHenry, and Will shall be no lower than

3 1.15.

4 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;

5 103-8, eff. 6-7-23.)

6 Section 3-55. The Homelessness Prevention Act is amended

7 by changing Section 12.5 as follows:

8 (310 ILCS 70/12.5)

9 Sec. 12.5. Administrative costs and case management

10 expenses. On an annual basis, a grantee's administrative costs

11 and case management expenses shall not exceed 20% ~~15%~~ of the

12 grant amount it receives under the Act.

13 (Source: P.A. 101-280, eff. 1-1-20.)

14 Section 3-57. The Environmental Protection Act is amended

15 by adding Section 9.20 as follows:

16 (415 ILCS 5/9.20 new)

17 Sec. 9.20. Fleet Electrification Incentive Program.

18 (a) In this Section:

19 "Eligible electric vehicle" means an electric truck or

20 electric school bus categorized by the United States

21 Environmental Protection Agency Emissions Classifications,

22 using gross vehicle weight ratings, as a Class 2b, 3, 4, 5, 6,

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1 7, or 8 vehicle, with or without a properly ventilated,

2 conventionally powered heater.

3 "Eligible purchaser" means a person who the Agency

4 determines:

5 (1) is the purchaser of an eligible electric vehicle

6 that is registered in this State or recognized under the

7 International Registration Plan;

8 (2) is domiciled in this State;

9 (3) in the case of a purchaser who is the lessee of an

10 eligible electric vehicle, is the lessee of the vehicle

11 for a term of at least 60 months; and

12 (4) has demonstrated, to the satisfaction of the

13 Agency, that the eligible electric vehicle will operate

14 within the State for at least 80% of its operational hours

15 once purchased and delivered.

16 "Equity investment eligible community" has the meaning

17 given in the Energy Transition Act.

18 "Program" means the Fleet Electrification Incentive

19 Program established under this Section.

20 "Purchaser" means a fleet owner, operator, or provider

21 that will operate or manage the vehicle for a minimum of 5

22 years after receipt of the vehicle, whether through lease or

23 direct purchase.

24 (b) To promote the use of eligible electric vehicles and

25 to increase access to federal funding programs, the Agency

26 shall establish, by rule, a Fleet Electrification Incentive

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1 Program through which it provides eligible purchasers a grant

2 of up to the following base amounts for the purchase of an

3 eligible electric vehicle:

4 (1) $7,500 for a Class 2b vehicle;

5 (2) $45,000 for a Class 3 vehicle;

6 (3) $60,000 for a Class 4 or Class 5 vehicle;

7 (4) $85,000 for a Class 6 or Class 7 vehicle; and

8 (5) $120,000 for a Class 8 vehicle.

9 In addition, the Agency shall offer increased grant

10 incentives of an additional 65% of the base amount for the

11 purchase of a school bus that will serve a public school

12 district.

13 (c) The Agency shall award grants under the Program to

14 eligible purchasers on a competitive basis according to the

15 availability of funding. The Agency shall use a points-based

16 quantitative evaluation to be determined by the Agency by

17 rule.

18 The Agency shall award additional points to an application

19 from an eligible purchaser whose eligible electric vehicles

20 are to be domiciled in an equity investment eligible

21 community.

22 The Agency shall also award additional points to an

23 eligible purchaser who has negotiated and entered into a

24 collective bargaining agreement at the time of application for

25 the grant.

26 (d) A grant provided under the Program is limited to a

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1 maximum award of 80% of the purchase price per eligible

2 electric vehicle. Multiple eligible electric vehicles may be

3 included in each grant under the Program. An eligible

4 purchaser may be awarded multiple grants under the Program;

5 however, the Agency shall have the authority to implement, by

6 rule, a limit on the number of grants awarded to each

7 purchaser.

8 (e) An eligible purchaser shall enter into a grant

9 agreement with the Agency upon notification from the Agency

10 that the eligible purchaser's application has been approved.

11 Grants under this Section shall be provided by the Agency with

12 the submittal of a paid invoice for reimbursement. An eligible

13 purchaser participating in the Program shall retain ownership

14 of the eligible electric vehicle and meet all applicable

15 project requirements for a minimum 5-year period after the

16 date the eligible purchaser receives the vehicle. Resale of an

17 eligible electric vehicle may be allowed within the 5-year

18 period if necessitated by unforeseen or unavoidable

19 circumstances with approval from the Agency. The Agency shall

20 ensure the resale of an eligible electric vehicle serving a

21 public school or located within an equity investment eligible

22 community shall result in the vehicle servicing a similarly

23 situated community.

24 (f) The deployment of the eligible electric vehicle in the

25 purchaser's fleet is required within 24 months after receipt

26 of notice of approval of the purchaser's Program application.

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1 Total completion of the project for which the eligible

2 electric vehicle is purchased or leased must occur within 36

3 months after receipt of grant funds under the Program.

4 (g) A grant under this Section may be combined with other

5 public incentives to support fleet purchasing decisions.

6 Receipt of any other public incentive for an eligible electric

7 vehicle shall not preclude a purchaser from being awarded a

8 grant under this Section. However, the combined total of

9 governmental incentives, including, but not limited to, tax

10 credits, grants, or vouchers, shall not exceed 80% of the

11 purchase price of the vehicle.

12 (h) The Agency shall set aside 20% of the appropriated

13 funds under the Program for grants to the eligible purchaser

14 of an electric school bus.

15 (i) All awards granted under this Section are subject to

16 appropriation by the General Assembly.

17 Section 3-60. The Open Space Lands Acquisition and

18 Development Act is amended by adding Section 11.1 as follows:

19 (525 ILCS 35/11.1 new)

20 Sec. 11.1. Distressed Local Government Report. No later

21 than March 31, 2025, the Department shall prepare and submit a

22 report to the General Assembly evaluating distressed local

23 governments that received grants under this Act in Fiscal

24 Years 2023, 2024, and 2025. The report shall include the

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1 following, at a minimum:

2 (1) a list of the local governments that applied for

3 grants in each fiscal year;

4 (2) a list of the local governments awarded grants and

5 the amount awarded;

6 (3) each grant recipient's total budget;

7 (4) each grant recipient's population;

8 (5) a description of whether the grant recipient

9 previously received a grant under this Act and, if so, the

10 number of times and whether the local government provided

11 a 50/50 or 90/10 match;

12 (6) a description of whether the project was in a

13 location designated as a disadvantaged community on the

14 Climate and Economic Justice Screening Tool created by the

15 Chair of the Council on Environmental Quality under

16 subsection (a) of Section 222 of Presidential Executive

17 Order 14008 "Tackling the Climate Crisis at Home and

18 Abroad"; and

19 (7) a description of the Department's criteria for

20 waiving the matching criteria for distressed local

21 government grant recipients in fiscal year 2025 that

22 demonstrated their inability to provide any local match.

23 Article 5.

24 Section 5-5. The Illinois Act on the Aging is amended by

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1 adding Section 4.01b as follows:

2 (20 ILCS 105/4.01b new)

3 Sec. 4.01b. Indirect cost funds. The Department has the

4 authority to apply for, accept, receive, expend, and

5 administer on behalf of the State any indirect cost

6 reimbursements, funds, or anything else of value made

7 available to the Department from any source for assistance

8 with programmatic activities or administrative costs related

9 to the Department's programs. Any federal indirect cost

10 reimbursements received by the Department pursuant to this

11 Section shall be deposited into the Department on Aging

12 Federal Indirect Cost Fund, and such moneys shall be expended,

13 subject to appropriation, only for authorized purposes.

14 Section 5-10. The Department of Commerce and Economic

15 Opportunity Law of the Civil Administrative Code of Illinois

16 is amended by changing Sections 605-55, 605-420, and 605-515

17 and by adding Section 605-60 as follows:

18 (20 ILCS 605/605-55) (was 20 ILCS 605/46.21)

19 Sec. 605-55. Contracts and other acts to accomplish

20 Department's duties. To make and enter into contracts,

21 including but not limited to making grants and loans to units

22 of local government, private agencies as defined in the

23 Illinois State Auditing Act, non-profit corporations,

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1 educational institutions, and for-profit businesses as

2 authorized pursuant to appropriations by the General Assembly

3 from the Build Illinois Bond Fund, the Rebuild Illinois

4 Projects Fund, the Fund for Illinois' Future, the Capital

5 Development Fund, and the General Revenue Fund, ~~and, for~~

6 ~~Fiscal Year 2023 only, the Chicago Travel Industry Promotion~~

7 ~~Fund,~~ and generally to do all things that, in its judgment, may

8 be necessary, proper, and expedient in accomplishing its

9 duties.

10 (Source: P.A. 102-699, eff. 4-19-22.)

11 (20 ILCS 605/605-60 new)

12 Sec. 605-60. DCEO Projects Fund. The DCEO Projects Fund is

13 created as a trust fund in the State treasury. The Department

14 is authorized to accept and deposit into the Fund moneys

15 received from any gifts, grants, transfers, or other sources,

16 public or private, unless deposit into a different fund is

17 otherwise mandated. Subject to appropriation, the Department

18 shall use moneys in the Fund to make grants or loans to and

19 enter into contracts with units of local government, local and

20 regional economic development corporations, and not-for-profit

21 organizations for municipal development projects, for the

22 specific purposes established by the terms and conditions of

23 the gift, grant, or award, and for related administrative

24 expenses. As used in this Section, the term "municipal

25 development projects" includes, but is not limited to, grants

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1 for reducing food insecurity in urban and rural areas.

2 (20 ILCS 605/605-420) (was 20 ILCS 605/46.75)

3 Sec. 605-420. Workforce, Technology, and Economic

4 Development Fund.

5 (a) The Department may accept gifts, grants, awards,

6 matching contributions, interest income, appropriations, and

7 cost sharings from individuals, businesses, governments, and

8 other third-party sources, on terms that the Director deems

9 advisable, for any or all of the following purposes:

10 (1) (Blank);

11 (2) to assist economically disadvantaged and other

12 youth to make a successful transition from school to work;

13 (3) to assist other individuals targeted for services

14 through education, training, and workforce development

15 programs to obtain employment-related skills and obtain

16 employment;

17 (4) to identify, develop, commercialize, or promote

18 technology within the State; and

19 (5) to promote economic development within the State.

20 (b) The Workforce, Technology, and Economic Development

21 Fund is created as a special fund in the State Treasury. All ~~On~~

22 ~~September 1, 2000, or as soon thereafter as may be reasonably~~

23 ~~practicable, the State Comptroller shall transfer from the~~

24 ~~Fund into the Title III Social Security and Employment Fund~~

25 ~~all moneys that were received for the purposes of Section~~

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1 ~~403(a)(5) of the federal Social Security Act and remain~~

2 ~~unobligated on that date. Beginning on the effective date of~~

3 ~~this amendatory Act of the 92nd General Assembly, all moneys~~

4 ~~received under this Section for the purposes of Section~~

5 ~~403(a)(5) of the federal Social Security Act, except moneys~~

6 ~~that may be necessary to pay liabilities outstanding as of~~

7 ~~June 30, 2000, shall be deposited into the Title III Social~~

8 ~~Security and Employment Fund, and all other~~ moneys received

9 under this Section shall be deposited into the Workforce,

10 Technology, and Economic Development Fund.

11 Moneys received under this Section are subject to

12 appropriation by the General Assembly ~~may be expended~~ for

13 purposes consistent with the conditions under which those

14 moneys were ~~are~~ received, including, but not limited to, the

15 making of grants and any other purpose authorized by law

16 ~~subject to appropriations made by the General Assembly for~~

17 ~~those purposes~~.

18 (Source: P.A. 91-34, eff. 7-1-99; 91-704, eff. 7-1-00; 92-298,

19 eff. 8-9-01.)

20 (20 ILCS 605/605-515) (was 20 ILCS 605/46.13a)

21 Sec. 605-515. Environmental Regulatory Assistance Program.

22 (a) In this Section, except where the context clearly

23 requires otherwise, "small business stationary source" means a

24 business that is owned or operated by a person that employs 100

25 or fewer individuals; is a small business; is not a major

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1 stationary source as defined in Titles I and III of the federal

2 1990 Clean Air Act Amendments; does not emit 50 tons or more

3 per year of any regulated pollutant (as defined under the

4 federal Clean Air Act); and emits less than 75 tons per year of

5 all regulated pollutants.

6 (b) The Department may:

7 (1) Provide access to technical and compliance

8 information for Illinois firms, including small and middle

9 market companies, to facilitate local business compliance

10 with the federal, State, and local environmental

11 regulations.

12 (2) Coordinate and enter into cooperative agreements

13 with a State ombudsman office, which shall be established

14 in accordance with the federal 1990 Clean Air Act

15 Amendments to provide direct oversight to the program

16 established under that Act.

17 (3) Enter into contracts, cooperative agreements, and

18 financing agreements and establish and collect charges and

19 fees necessary or incidental to the performance of duties

20 and the execution of powers under this Section.

21 (4) Accept and expend, subject to appropriation,

22 gifts, grants, awards, funds, contributions, charges,

23 fees, and other financial or nonfinancial aid from

24 federal, State, and local governmental agencies,

25 businesses, educational agencies, not-for-profit

26 organizations, and other entities, for the purposes of

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1 this Section.

2 (5) Establish, staff, and administer programs and

3 services and adopt such rules and regulations necessary to

4 carry out the intent of this Section and Section 507,

5 "Small Business Stationary Source Technical and

6 Environmental Compliance Assistance Program", of the

7 federal 1990 Clean Air Act Amendments.

8 (c) The Department's environmental compliance programs and

9 services for businesses may include, but need not be limited

10 to, the following:

11 (1) Communication and outreach services to or on

12 behalf of individual companies, including collection and

13 compilation of appropriate information on regulatory

14 compliance issues and control technologies, and

15 dissemination of that information through publications,

16 direct mailings, electronic communications, conferences,

17 workshops, one-on-one counseling, and other means of

18 technical assistance.

19 (2) Provision of referrals and access to technical

20 assistance, pollution prevention and facility audits, and

21 otherwise serving as an information clearinghouse on

22 pollution prevention through the coordination of the

23 Illinois Sustainable Technology Center of the University

24 of Illinois. In addition, environmental and regulatory

25 compliance issues and techniques, which may include

26 business rights and responsibilities, applicable

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1 permitting and compliance requirements, compliance methods

2 and acceptable control technologies, release detection,

3 and other applicable information may be provided.

4 (3) Coordination with and provision of administrative

5 and logistical support to the State Compliance Advisory

6 Panel.

7 (d) There is hereby created a special fund in the State

8 Treasury to be known as the Small Business Environmental

9 Assistance Fund. Monies received under subdivision (b)(4) of

10 this Section shall be deposited into the Fund.

11 Monies in the Small Business Environmental Assistance Fund

12 may be used, subject to appropriation, only for the purposes

13 authorized by this Section.

14 (e) Subject to appropriation, the Department may use

15 moneys from the Clean Air Act Permit Fund for the purposes

16 authorized by this Section.

17 (Source: P.A. 98-346, eff. 8-14-13.)

18 Section 5-15. The Renewable Energy, Energy Efficiency, and

19 Coal Resources Development Law of 1997 is amended by changing

20 Section 6-6 as follows:

21 (20 ILCS 687/6-6)

22 (Section scheduled to be repealed on December 31, 2025)

23 Sec. 6-6. Energy efficiency program.

24 (a) For the year beginning January 1, 1998, and thereafter

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1 as provided in this Section, each electric utility as defined

2 in Section 3-105 of the Public Utilities Act and each

3 alternative retail electric supplier as defined in Section

4 16-102 of the Public Utilities Act supplying electric power

5 and energy to retail customers located in the State of

6 Illinois shall contribute annually a pro rata share of a total

7 amount of $3,000,000 based upon the number of kilowatt-hours

8 sold by each such entity in the 12 months preceding the year of

9 contribution. On or before May 1 of each year, the Illinois

10 Commerce Commission shall determine and notify the Agency of

11 the pro rata share owed by each electric utility and each

12 alternative retail electric supplier based upon information

13 supplied annually to the Illinois Commerce Commission. On or

14 before June 1 of each year, the Agency shall send written

15 notification to each electric utility and each alternative

16 retail electric supplier of the amount of pro rata share they

17 owe. These contributions shall be remitted to the Illinois

18 Environmental Protection Agency on or before June 30 of each

19 year the contribution is due on a return prescribed and

20 furnished by the Illinois Environmental Protection Agency

21 showing such information as the Illinois Environmental

22 Protection Agency may reasonably require. The funds received

23 pursuant to this Section shall be subject to the appropriation

24 of funds by the General Assembly. The Illinois Environmental

25 Protection Agency shall place the funds remitted under this

26 Section in a trust fund, that is hereby created in the State

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1 Treasury, called the Energy Efficiency Trust Fund. If an

2 electric utility or alternative retail electric supplier does

3 not remit its pro rata share to the Illinois Environmental

4 Protection Agency, the Illinois Environmental Protection

5 Agency must inform the Illinois Commerce Commission of such

6 failure. The Illinois Commerce Commission may then revoke the

7 certification of that electric utility or alternative retail

8 electric supplier. The Illinois Commerce Commission may not

9 renew the certification of any electric utility or alternative

10 retail electric supplier that is delinquent in paying its pro

11 rata share. These changes made to this subsection (a) by

12 Public Act 103-363 ~~this amendatory Act of the 103rd General~~

13 ~~Assembly~~ apply beginning July 1, 2023.

14 (b) The Agency shall disburse the moneys in the Energy

15 Efficiency Trust Fund to benefit residential electric

16 customers through projects which the Agency has determined

17 will promote energy efficiency in the State of Illinois and to

18 pay the associated operational expenses of the Agency in

19 administering the grant program. The Agency ~~Department of~~

20 ~~Commerce and Economic Opportunity~~ shall establish a list of

21 projects eligible for grants from the Energy Efficiency Trust

22 Fund including, but not limited to, supporting energy

23 efficiency efforts for low-income households, replacing energy

24 inefficient windows with more efficient windows, replacing

25 energy inefficient appliances with more efficient appliances,

26 replacing energy inefficient lighting with more efficient

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1 lighting, insulating dwellings and buildings, using market

2 incentives to encourage energy efficiency, and such other

3 projects which will increase energy efficiency in homes and

4 rental properties.

5 (c) The Agency may, by administrative rule, establish

6 criteria and an application process for this grant program.

7 (d) (Blank).

8 (e) (Blank).

9 (Source: P.A. 102-444, eff. 8-20-21; 103-363, eff. 7-28-23.)

10 Section 5-17. The Department of Natural Resources

11 (Conservation) Law of the Civil Administrative Code of

12 Illinois is amended by changing Section 805-305 as follows:

13 (20 ILCS 805/805-305) (was 20 ILCS 805/63a23)

14 Sec. 805-305. Campsites and housing facilities.

15 (a) The Department has the power to provide facilities for

16 overnight tent and trailer campsites and to provide suitable

17 housing facilities for student and juvenile overnight camping

18 groups. The Department of Natural Resources may regulate, by

19 administrative order, the fees to be charged for tent and

20 trailer camping units at individual park areas based upon the

21 facilities available.

22 (b) However, for campsites with access to showers or

23 electricity, any Illinois resident who is age 62 or older or

24 has a Class 2 disability as defined in Section 4A of the

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1 Illinois Identification Card Act shall be charged only

2 one-half of the camping fee charged to the general public

3 during the period Monday through Thursday of any week and

4 shall be charged the same camping fee as the general public on

5 all other days. For campsites without access to showers or

6 electricity, no camping fee authorized by this Section shall

7 be charged to any resident of Illinois who has a Class 2

8 disability as defined in Section 4A of the Illinois

9 Identification Card Act. For campsites without access to

10 showers or electricity, no camping fee authorized by this

11 Section shall be charged to any resident of Illinois who is age

12 62 or older for the use of a campsite unit during the period

13 Monday through Thursday of any week. No camping fee authorized

14 by this Section shall be charged to any resident of Illinois

15 who is a veteran with a disability or a former prisoner of war,

16 as defined in Section 5 of the Department of Veterans' Affairs

17 Act. No camping fee authorized by this Section shall be

18 charged to any resident of Illinois after returning from

19 service abroad or mobilization by the President of the United

20 States as an active duty member of the United States Armed

21 Forces, the Illinois National Guard, or the Reserves of the

22 United States Armed Forces for the amount of time that the

23 active duty member spent in service abroad or mobilized if the

24 person applies for a pass with the Department within 2 years

25 after returning and provides acceptable verification of

26 service or mobilization to the Department. Any portion of a

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1 year that the active duty member spent in service abroad or

2 mobilized shall count as a full year. The procedure by which a

3 person may provide to the Department verification of service

4 abroad or mobilization by the President of the United States

5 shall be set by administrative rule. Nonresidents shall be

6 charged the same fees as are authorized for the general public

7 regardless of age. The Department shall provide by regulation

8 for suitable proof of age, or either a valid driver's license

9 or a "Golden Age Passport" issued by the federal government

10 shall be acceptable as proof of age. The Department shall

11 further provide by regulation that notice of these reduced

12 admission fees be posted in a conspicuous place and manner.

13 Reduced fees authorized in this Section shall not apply to

14 any charge for utility service.

15 For the purposes of this Section, "acceptable verification

16 of service or mobilization" means official documentation from

17 the Department of Defense or the appropriate Major Command

18 showing mobilization dates or service abroad dates, including:

19 (i) a DD-214, (ii) a letter from the Illinois Department of

20 Military Affairs for members of the Illinois National Guard,

21 (iii) a letter from the Regional Reserve Command for members

22 of the Armed Forces Reserve, (iv) a letter from the Major

23 Command covering Illinois for active duty members, (v)

24 personnel records for mobilized State employees, and (vi) any

25 other documentation that the Department, by administrative

26 rule, deems acceptable to establish dates of mobilization or

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1 service abroad.

2 For the purposes of this Section, the term "service

3 abroad" means active duty service outside of the 50 United

4 States and the District of Columbia, and includes all active

5 duty service in territories and possessions of the United

6 States.

7 (c) To promote State campground use and Illinois State

8 Fair attendance, the Department shall waive the camping fees

9 for up to 2 nights of camping at Jim Edgar Panther Creek State

10 Fish and Wildlife Area, Sangchris Lake State Park, or

11 Lincoln's New Salem State Historic Site during the period from

12 August 11, 2024 to August 15, 2024 for a camper who:

13 (1) is 18 years of age or older;

14 (2) provides proof of having purchased, between June

15 26, 2024 and July 3, 2024, a season admission ticket

16 booklet from the Department of Agriculture for entry into

17 the 2024 Illinois State Fair in Springfield; and

18 (3) requests the camping fee waiver in person at the

19 time of permit issuance at the State campground.

20 The waivers under this subsection (c) shall be granted on

21 a first-come, first-served basis for a maximum of 40 sites at

22 each of the 3 identified State campgrounds. Fees for utility

23 service are not subject to waiver. Waivers under this

24 subsection (c) are limited to one per camper.

25 (Source: P.A. 102-780, eff. 5-13-22.)

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1 Section 5-18. The Department of Innovation and Technology

2 Act is amended by changing Section 1-5 as follows:

3 (20 ILCS 1370/1-5)

4 Sec. 1-5. Definitions. In this Act:

5 "Client agency" means each transferring agency, or its

6 successor, and any other public agency to which the Department

7 provides service to the extent specified in an interagency

8 agreement with the public agency.

9 "Dedicated unit" means the dedicated bureau, division,

10 office, or other unit within a transferring agency that is

11 responsible for the information technology functions of the

12 transferring agency.

13 "Department" means the Department of Innovation and

14 Technology.

15 "Information technology" means technology,

16 infrastructure, equipment, systems, software, networks, and

17 processes used to create, send, receive, and store electronic

18 or digital information, including, without limitation,

19 computer systems and telecommunication services and systems.

20 "Information technology" shall be construed broadly to

21 incorporate future technologies that change or supplant those

22 in effect as of the effective date of this Act.

23 "Information technology functions" means the development,

24 procurement, installation, retention, maintenance, operation,

25 possession, storage, and related functions of all information

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1 technology.

2 "Secretary" means the Secretary of Innovation and

3 Technology.

4 "State agency" means each State agency, department, board,

5 and commission under the jurisdiction of the Governor.

6 "Transferring agency" means the Department on Aging; the

7 Departments of Agriculture, Central Management Services,

8 Children and Family Services, Commerce and Economic

9 Opportunity, Corrections, Employment Security, Financial and

10 Professional Regulation, Healthcare and Family Services, Human

11 Rights, Human Services, Insurance, Juvenile Justice, Labor,

12 Lottery, Military Affairs, Natural Resources, Public Health,

13 Revenue, Transportation, and Veterans' Affairs; the Illinois

14 State Police; the Capital Development Board; the Deaf and Hard

15 of Hearing Commission; the Environmental Protection Agency;

16 the Governor's Office of Management and Budget; the

17 Guardianship and Advocacy Commission; the Abraham Lincoln

18 Presidential Library and Museum; the Illinois Arts Council;

19 the Illinois Council on Developmental Disabilities; the

20 Illinois Emergency Management Agency; the Illinois Gaming

21 Board; the Illinois Liquor Control Commission; the Office of

22 the State Fire Marshal; ~~and~~ the Prisoner Review Board; and the

23 Department of Early Childhood.

24 (Source: P.A. 102-376, eff. 1-1-22; 102-538, eff. 8-20-21;

25 102-813, eff. 5-13-22; 102-870, eff. 1-1-23.)

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1 Section 5-20. The Illinois Lottery Law is amended by

2 changing Section 21.16 as follows:

3 (20 ILCS 1605/21.16)

4 Sec. 21.16. Illinois DREAM scratch-off.

5 (a) The Department shall offer a special Illinois DREAM

6 instant scratch-off game for the benefit of the Illinois DREAM

7 Fund Commission. The new revenue from the Illinois DREAM

8 scratch-off game shall be deposited into the Illinois DREAM

9 Fund, a special fund that is created in the State treasury.

10 Subject to appropriation to the Illinois Student Assistance

11 Commission, money in the Illinois DREAM Fund shall be used to

12 assist in funding scholarships and other statutory

13 responsibilities of the Illinois DREAM Fund Commission. The

14 game shall commence on January 1, 2024 or as soon thereafter as

15 is reasonably practical. The Department shall consult with the

16 Illinois DREAM Fund Commission established under Section 67 of

17 the Higher Education Student Assistance Act regarding the

18 design and promotion of the game.

19 (b) The operation of any games under this Section shall be

20 governed by this Act, and any rules shall be adopted by the

21 Department.

22 (c) For purposes of this Section, "net revenue" means the

23 total amount for which tickets have been sold less the sum of

24 the amount paid out in prizes and the actual administrative

25 expenses of the Department solely related to the Illinois

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LRB103 36303 JDS 74258 a

1 DREAM scratch-off game.

2 (d) During the time that tickets are sold for the Illinois

3 DREAM scratch-off game, the Department shall not unreasonably

4 diminish the efforts devoted to marketing any other instant

5 scratch-off lottery game.

6 (e) The Department may adopt any rules necessary to

7 implement and administer this Section in consultation with the

8 Illinois DREAM Fund Commission.

9 (Source: P.A. 103-381, eff. 7-28-23.)

10 Section 5-25. The Illinois Emergency Management Agency Act

11 is amended by changing Section 17.8 as follows:

12 (20 ILCS 3305/17.8)

13 Sec. 17.8. IEMA State Projects Fund. The IEMA State

14 Projects Fund is created as a trust fund in the State treasury.

15 The Fund shall consist of any moneys appropriated to the

16 Agency for purposes of the Illinois' Not-For-Profit Security

17 Grant Program, a grant program authorized by subsection (g-5)

18 of Section 5 of this Act, to provide funding support for target

19 hardening activities and other physical security enhancements

20 for qualifying not-for-profit organizations that are at high

21 risk of terrorist attack. The Agency is authorized to use

22 moneys appropriated from the Fund to make grants to

23 not-for-profit organizations for target hardening activities,

24 security personnel, and physical security enhancements and for

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1 the payment of administrative expenses associated with the

2 Not-For-Profit Security Grant Program, except that, beginning

3 July 1, 2024, the Agency shall not award grants under this

4 Section to those entities whose primary purpose is to provide

5 medical or mental health services. As used in this Section,

6 "target hardening activities" include, but are not limited to,

7 the purchase and installation of security equipment on real

8 property owned or leased by the not-for-profit organization.

9 Grants, gifts, and moneys from any other source, public or

10 private, may also be deposited into the Fund and used for the

11 purposes authorized by this Act.

12 (Source: P.A. 103-8, eff. 6-7-23.)

13 Section 5-30. The State Finance Act is amended by changing

14 Sections 5.1015, 6z-27, 6z-32, 6z-47, 6z-70, 6z-111, 8.3,

15 8.12, 8g-1, 12-2, and 13.2 and by adding Sections 5e-2 and

16 6z-140 as follows:

17 (30 ILCS 105/5.1015 new)

18 Sec. 5.1015. The Professions Licensure Fund.

19 (30 ILCS 105/5e-2 new)

20 Sec. 5e-2. Transfers from Road Fund. In addition to any

21 other transfers that may be provided for by law, on July 1,

22 2024, or as soon thereafter as practical, the State

23 Comptroller shall direct and the State Treasurer shall

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1 transfer the sum of $20,000,000 from the Road Fund to the

2 Federal/State/Local Airport Fund to be used for purposes

3 consistent with Section 11 of Article IX of the Illinois

4 Constitution. This Section is repealed on January 1, 2026.

5 (30 ILCS 105/6z-27)

6 Sec. 6z-27. All moneys in the Audit Expense Fund shall be

7 transferred, appropriated and used only for the purposes

8 authorized by, and subject to the limitations and conditions

9 prescribed by, the Illinois State Auditing Act.

10 Within 30 days after July 1, 2024 ~~2023~~, or as soon

11 thereafter as practical, the State Comptroller shall order

12 transferred and the State Treasurer shall transfer from the

13 following funds moneys in the specified amounts for deposit

14 into the Audit Expense Fund:

15 Attorney General Court Ordered and Voluntary

16 Compliance Payment Projects Fund..................$22,470

17 Aggregate Operations Regulatory Fund.....................$605

18 Agricultural Premium Fund.............................$21,002

19 Attorney General's State Projects and

20 Court Ordered Distribution Fund...................$36,873

21 Anna Veterans Home Fund................................$1,205

22 Appraisal Administration Fund..........................$2,670

23 Attorney General Whistleblower Reward

24 and Protection Fund..................................$938

25 Bank and Trust Company Fund...........................$82,945

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1 Brownfields Redevelopment Fund.........................$1,893

2 Cannabis Business Development Fund....................$15,750

3 Cannabis Expungement Fund..............................$2,511

4 Capital Development Board Revolving Fund...............$4,668

5 Care Provider Fund for Persons with

6 a Developmental Disability.........................$6,794

7 CDLIS/AAMVAnet/NMVTIS Trust Fund.......................$1,679

8 Cemetery Oversight Licensing and Disciplinary Fund.....$6,187

9 Chicago State University Education Improvement Fund...$16,893

10 Chicago Travel Industry Promotion Fund.................$9,146

11 Child Support Administrative Fund......................$2,669

12 Clean Air Act Permit Fund.............................$11,283

13 Coal Technology Development Assistance Fund...........$22,087

14 Community Association Manager

15 Licensing and Disciplinary Fund....................$1,178

16 Commitment to Human Services Fund ...................$259,050

17 Common School Fund ..................................$385,362

18 Community Mental Health Medicaid Trust Fund............$6,972

19 Community Water Supply Laboratory Fund...................$835

20 Credit Union Fund.....................................$21,944

21 Cycle Rider Safety Training Fund.........................$704

22 DCFS Children's Services Fund........................$164,036

23 Department of Business Services Special Operations Fund.$4,564

24 Department of Corrections Reimbursement

25 and Education Fund................................$23,892

26 Design Professionals Administration

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1 and Investigation Fund.............................$3,892

2 Department of Human Services Community Services Fund...$6,314

3 Downstate Public Transportation Fund..................$40,428

4 Drivers Education Fund...................................$904

5 Drug Rebate Fund......................................$40,707

6 Drug Treatment Fund......................................$810

7 Drycleaner Environmental Response Trust Fund...........$1,555

8 Education Assistance Fund..........................$2,347,928

9 Electric Vehicle Rebate Fund..........................$24,101

10 Energy Efficiency Trust Fund.............................$955

11 Energy Transition Assistance Fund......................$1,193

12 Environmental Protection Permit and Inspection Fund...$17,475

13 Facilities Management Revolving Fund..................$21,298

14 Fair and Exposition Fund.................................$782

15 Federal Asset Forfeiture Fund..........................$1,195

16 Federal High Speed Rail Trust Fund.......................$910

17 Federal Workforce Training Fund......................$113,609

18 Feed Control Fund......................................$1,263

19 Fertilizer Control Fund..................................$778

20 Fire Prevention Fund...................................$4,470

21 Freedom Schools Fund.....................................$636

22 Fund for the Advancement of Education.................$61,767

23 General Professions Dedicated Fund....................$36,108

24 General Revenue Fund..............................$17,653,153

25 Grade Crossing Protection Fund.........................$7,759

26 Hazardous Waste Fund...................................$9,036

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1 Health and Human Services Medicaid Trust Fund............$793

2 Healthcare Provider Relief Fund......................$209,863

3 Historic Property Administrative Fund....................$791

4 Horse Racing Fund....................................$233,685

5 Hospital Provider Fund................................$66,984

6 Illinois Affordable Housing Trust Fund................$30,424

7 Illinois Charity Bureau Fund...........................$2,025

8 Illinois Clean Water Fund.............................$18,928

9 Illinois Forestry Development Fund....................$13,054

10 Illinois Gaming Law Enforcement Fund...................$1,411

11 IMSA Income Fund......................................$10,499

12 Illinois Military Family Relief Fund...................$2,963

13 Illinois National Guard Construction Fund..............$4,944

14 Illinois Power Agency Operations Fund................$154,375

15 Illinois State Dental Disciplinary Fund................$3,947

16 Illinois State Fair Fund...............................$5,871

17 Illinois State Medical Disciplinary Fund..............$32,809

18 Illinois State Pharmacy Disciplinary Fund.............$10,993

19 Illinois Student Assistance Commission

20 Contracts and Grants Fund............................$950

21 Illinois Veterans Assistance Fund......................$2,738

22 Illinois Veterans' Rehabilitation Fund...................$685

23 Illinois Wildlife Preservation Fund....................$2,646

24 Illinois Workers' Compensation Commission

25 Operations Fund...................................$94,942

26 Illinois Works Fund....................................$5,577

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1 Income Tax Refund Fund...............................$232,364

2 Insurance Financial Regulation Fund..................$158,266

3 Insurance Premium Tax Refund Fund.....................$10,972

4 Insurance Producer Administration Fund...............$208,185

5 International Tourism Fund.............................$1,317

6 LaSalle Veterans Home Fund.............................$2,656

7 Law Enforcement Recruitment and Retention Fund........$10,249

8 Law Enforcement Training Fund.........................$28,714

9 LEADS Maintenance Fund...................................$573

10 Live and Learn Fund....................................$8,419

11 Local Government Distributive Fund...................$120,745

12 Local Tourism Fund....................................$16,582

13 Long Term Care Ombudsman Fund............................$635

14 Long-Term Care Provider Fund..........................$10,352

15 Manteno Veterans Home Fund.............................$3,941

16 Mental Health Fund.....................................$3,560

17 Mental Health Reporting Fund.............................$878

18 Military Affairs Trust Fund............................$1,017

19 Monitoring Device Driving Permit

20 Administration Fee Fund..............................$657

21 Motor Carrier Safety Inspection Fund...................$1,892

22 Motor Fuel Tax Fund..................................$124,570

23 Motor Vehicle License Plate Fund.......................$6,363

24 Nursing Dedicated and Professional Fund...............$14,671

25 Off-Highway Vehicle Trails Fund........................$1,431

26 Open Space Lands Acquisition and Development Fund.....$67,764

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1 Optometric Licensing and Disciplinary Board Fund.........$922

2 Parity Advancement Fund................................$9,349

3 Partners For Conservation Fund........................$25,309

4 Pawnbroker Regulation Fund...............................$659

5 Pension Stabilization Fund.............................$3,009

6 Personal Property Tax Replacement Fund...............$251,569

7 Pesticide Control Fund.................................$4,715

8 Prisoner Review Board Vehicle and Equipment Fund.......$3,035

9 Professional Services Fund.............................$3,093

10 Professions Indirect Cost Fund.......................$194,398

11 Public Pension Regulation Fund.........................$3,519

12 Public Transportation Fund...........................$108,264

13 Quincy Veterans Home Fund.............................$25,455

14 Real Estate License Administration Fund...............$27,976

15 Rebuild Illinois Projects Fund.........................$3,682

16 Regional Transportation Authority Occupation and Use Tax

17 Replacement Fund...................................$3,226

18 Registered Certified Public Accountants' Administration

19 and Disciplinary Fund..............................$3,213

20 Renewable Energy Resources Trust Fund..................$2,463

21 Rental Housing Support Program Fund......................$560

22 Residential Finance Regulatory Fund...................$21,672

23 Road Fund............................................$524,729

24 Salmon Fund..............................................$837

25 Savings Bank Regulatory Fund.............................$528

26 School Infrastructure Fund............................$10,122

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LRB103 36303 JDS 74258 a

1 Secretary of State DUI Administration Fund.............$1,021

2 Secretary of State Identification Security and

3 Theft Prevention Fund..............................$4,877

4 Secretary of State Special License Plate Fund..........$1,410

5 Secretary of State Special Services Fund..............$11,665

6 Securities Audit and Enforcement Fund..................$2,279

7 Serve Illinois Commission Fund...........................$950

8 Snowmobile Trail Establishment Fund......................$653

9 Solid Waste Management Fund...........................$17,540

10 Special Education Medicaid Matching Fund...............$2,916

11 Sports Wagering Fund..................................$14,696

12 State Police Law Enforcement Administration Fund.......$3,635

13 State and Local Sales Tax Reform Fund..................$6,676

14 State Asset Forfeiture Fund............................$1,445

15 State Aviation Program Fund............................$2,125

16 State Construction Account Fund......................$151,079

17 State Crime Laboratory Fund............................$6,342

18 State Gaming Fund....................................$216,475

19 State Garage Revolving Fund............................$4,892

20 State Lottery Fund...................................$106,169

21 State Pensions Fund .................................$500,000

22 State Police Firearm Services Fund....................$16,049

23 State Police Services Fund............................$20,688

24 State Police Vehicle Fund..............................$7,562

25 State Police Whistleblower Reward

26 and Protection Fund................................$3,858

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LRB103 36303 JDS 74258 a

1 State Small Business Credit Initiative Fund...........$20,739

2 State's Attorneys Appellate

3 Prosecutor's County Fund..........................$20,621

4 Subtitle D Management Fund.............................$2,669

5 Supplemental Low-Income Energy Assistance Fund.......$158,173

6 Tax Compliance and Administration Fund.................$3,789

7 Technology Management Revolving Fund.................$620,435

8 Tobacco Settlement Recovery Fund.......................$4,747

9 Tourism Promotion Fund................................$46,998

10 Traffic and Criminal Conviction Surcharge Fund........$41,173

11 Underground Storage Tank Fund.........................$31,314

12 University of Illinois Hospital Services Fund..........$3,257

13 Vehicle Hijacking and Motor Vehicle Theft

14 Prevention and Insurance Verification Trust Fund...$8,183

15 Vehicle Inspection Fund...............................$19,811

16 Weights and Measures Fund..............................$3,636

17 ~~African-American HIV/AIDS Response RESP Fund...........$1,421~~

18 ~~Agricultural Premium Fund............................$122,719~~

19 ~~Alzheimer's Awareness Fund.............................$1,499~~

20 ~~Alzheimer's Disease Research, Care, and Support Fund.....$662~~

21 ~~Amusement Ride and Patron Safety Fund..................$6,315~~

22 ~~Assisted Living and & Shared Housing Regulatory~~

23 ~~House Regulation Fund..............................$2,564~~

24 ~~Capital Development Board Revolving Fund..............$15,118~~

25 ~~Care Provider Fund for Persons with a Developmental~~

26 ~~Disability........................................$15,392~~

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LRB103 36303 JDS 74258 a

1 ~~Carolyn Adams Ticket For The Cure Grant Fund.............$927~~

2 ~~CDLIS/AAMVANET/NMVTIS Trust Fund (Commercial~~

3 ~~Driver's License Information~~

4 ~~System/American Association of~~

5 ~~Motor Vehicle Administrators~~

6 ~~network/National Motor Vehicle~~

7 ~~Title Information Service Trust Fund)..............$5,236~~

8 ~~Chicago Police Memorial Foundation Fund..................$708~~

9 ~~Chicago State University Education Improvement Fund...$13,666~~

10 ~~Child Labor and Day and Temporary Labor~~

11 ~~Services Enforcement Fund.........................$11,991~~

12 ~~Child Support Administrative Fund......................$5,287~~

13 ~~Clean Air Act Permit Fund..............................$1,556~~

14 ~~Coal Technology Development Assistance Fund............$6,936~~

15 ~~Common School Fund...................................$343,892~~

16 ~~Community Mental Health Medicaid Trust Fund...........$14,084~~

17 ~~Corporate Franchise Tax Refund Fund....................$1,096~~

18 ~~DCFS Children's Services Fund..........................$8,766~~

19 ~~Death Certificate Surcharge Fund.......................$2,060~~

20 ~~Death Penalty Abolition Fund...........................$2,448~~

21 ~~Department of Business Services Service Special~~

22 ~~Operations Fund...................................$13,889~~

23 ~~Department of Human Services DHS Community~~

24 ~~Services Fund......................................$7,970~~

25 ~~Downstate Public Transportation Fund..................$11,631~~

26 ~~Dram Shop Fund.......................................$142,500~~

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LRB103 36303 JDS 74258 a

1 ~~Driver Services Administration Fund....................$1,873~~

2 ~~Drug Rebate Fund......................................$42,473~~

3 ~~Drug Treatment Fund....................................$1,767~~

4 ~~Education Assistance Fund..........................$2,031,292~~

5 ~~Emergency Public Health Fund...........................$5,162~~

6 ~~Environmental Protection Permit and Inspection Fund....$1,447~~

7 ~~Estate Tax Refund Fund...................................$852~~

8 ~~Facilities Management Revolving Fund..................$50,148~~

9 ~~Facility Licensing Fund................................$5,522~~

10 ~~Fair and & Exposition Fund.............................$4,248~~

11 ~~Feed Control Fund......................................$7,709~~

12 ~~Fertilizer Control Fund................................$6,849~~

13 ~~Fire Prevention Fund...................................$3,859~~

14 ~~Fund for the Advancement of Education.................$24,772~~

15 ~~General Assembly Operations Revolving Rev Fund.........$1,146~~

16 ~~General Professions Dedicated Fund.....................$4,039~~

17 ~~General Revenue Fund..............................$17,653,153~~

18 ~~Governor's Administrative Fund.........................$2,832~~

19 ~~Governor's Grant Fund.................................$17,709~~

20 ~~Grade Crossing Protection Fund...........................$930~~

21 ~~Grant Accountability and / Transparency Fund.............$805~~

22 ~~Guardianship and & Advocacy Fund......................$14,843~~

23 ~~Hazardous Waste Fund.....................................$835~~

24 ~~Health Facility Plan Review Fund.......................$1,776~~

25 ~~Health and Human Services Service Medicaid Trust Fund~~..~~$6,554~~

26 ~~Healthcare Provider Relief Fund......................$407,107~~

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LRB103 36303 JDS 74258 a

1 ~~Healthy Smiles Fund......................................$738~~

2 ~~Home Care Services Agency Licensure Fund...............$3,101~~

3 ~~Hospital Licensure Fund................................$1,688~~

4 ~~Hospital Provider Fund...............................$138,829~~

5 ~~ICCB Federal Trust Fund...............................$9,968~~

6 ~~ICJIA Violence Prevention Fund...........................$932~~

7 ~~Illinois IL Affordable Housing Trust Fund.............$17,236~~

8 ~~Illinois IL Clean Water Fund...........................$2,152~~

9 ~~IL Community College Board~~

10 ~~Contracts and Grants~~ ~~...............................9,968~~

11 ~~Illinois IL Health Facilities Planning Fund............$3,094~~

12 ~~IMSA Income Fund......................................$12,417~~

13 ~~Illinois IL Power Agency Operations Fund..............$62,583~~

14 ~~Illinois IL School Asbestos Abatement Fund...............$784~~

15 ~~Illinois IL State Fair Fund...........................$29,752~~

16 ~~Illinois IL State Police Memorial Park Fund..............$681~~

17 ~~Illinois Telecommunications IL Telecom Access~~

18 ~~Corporation Fund...................................$1,668~~

19 ~~Illinois IL Underground Utility Facilities~~

20 ~~Facility Damage Prevention Fund....................$4,276~~

21 ~~Illinois IL Veterans' Rehabilitation Fund..............$5,943~~

22 ~~Illinois IL Workers' Compensation Commission~~

23 ~~Operations Fund..................................$243,187~~

24 ~~Income Tax Refund Fund................................$54,420~~

25 ~~Lead Poisoning Screening, Prevention, and~~

26 ~~Abatement Fund....................................$16,379~~

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LRB103 36303 JDS 74258 a

1 ~~Live and Learn Fund...................................$25,492~~

2 ~~Lobbyist Registration Administration Fund..............$1,471~~

3 ~~Local Government Distributive Fund....................$44,025~~

4 ~~Long Term Care Monitor/Receiver Receive Fund..........$42,016~~

5 ~~Long-Term Long Term Care Provider Fund................$13,537~~

6 ~~Low-Level Radioactive Low Level Rad Facility~~

7 ~~Development and Operation Dev & Op Fund..............$618~~

8 ~~Mandatory Arbitration Fund.............................$2,104~~

9 ~~Medical Special Purposes Purpose Trust Fund..............$786~~

10 ~~Mental Health Fund.....................................$9,376~~

11 ~~Mental Health Reporting Fund...........................$1,443~~

12 ~~Metabolic Screening and & Treatment Fund..............$32,049~~

13 ~~Monitoring Device Driving Permit Administration~~

14 ~~Fee Fund...........................................$1,616~~

15 ~~Motor Fuel Tax Fund...................................$36,238~~

16 ~~Motor Vehicle License Plate Fund......................$17,694~~

17 ~~Motor Vehicle Theft Prevention and Insurance~~

18 ~~Verification Trust.................................10,970~~

19 ~~Multiple Sclerosis Research Fund.........................$758~~

20 ~~Nuclear Safety Emergency Preparedness Fund............$26,117~~

21 ~~Nursing Dedicated and Professional Fund................$2,420~~

22 ~~Open Space Lands Acquisition and & Development Fund......$658~~

23 ~~Partners For Conservation Fund........................$89,847~~

24 ~~Pension Stabilization Fund.............................$1,031~~

25 ~~Personal Property Tax Replacement Fund...............$290,755~~

26 ~~Pesticide Control Fund................................$30,513~~

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1 ~~Plumbing Licensure and & Program Fund..................$6,276~~

2 ~~Police Memorial Committee Fund...........................$813~~

3 ~~Professional Services Fund............................$72,029~~

4 ~~Public Health Laboratory Lab Services Revolving~~

5 ~~Rev Fund...........................................$5,816~~

6 ~~Public Transportation Fund............................$46,826~~

7 ~~Public Utility Fund..................................$198,423~~

8 ~~Radiation Protection Fund.............................$11,034~~

9 ~~Renewable Energy Resources Trust Fund..................$7,834~~

10 ~~Road Fund............................................$226,150~~

11 ~~Regional Transportation Authority RTA Occupation~~

12 ~~and & Use Tax Replacement Fund.....................$1,167~~

13 ~~School Infrastructure Fund.............................$7,749~~

14 ~~Secretary of State DUI Administration Fund.............$2,694~~

15 ~~Secretary of State Identification & Security~~

16 ~~and Theft Prevention Fund.........................$12,676~~

17 ~~Secretary of State Police Services Fund..................$717~~

18 ~~Secretary of State Special License Plate Fund..........$4,203~~

19 ~~Secretary of State Special Services Fund..............$34,491~~

20 ~~Securities Audit and Enforcement Fund..................$8,198~~

21 ~~Solid Waste Management Fund............................$1,613~~

22 ~~Special Olympics Illinois and Special~~

23 ~~Children's Charities Fund............................$852~~

24 ~~Special Education Medicaid Matching Fund...............$5,131~~

25 ~~Sports Wagering Fund...................................$4,450~~

26 ~~State and Local Sales Tax Reform Fund..................$2,361~~

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1 ~~State Construction Account Fund.......................$37,865~~

2 ~~State Gaming Fund.....................................$94,435~~

3 ~~State Garage Revolving Fund............................$8,977~~

4 ~~State Lottery Fund...................................$340,323~~

5 ~~State Pensions Fund..................................$500,000~~

6 ~~State Treasurer's Bank Services Trust Fund.............$1,295~~

7 ~~Supreme Court Special Purposes Fund....................$1,722~~

8 ~~Tattoo and & Body Piercing Establishment~~

9 ~~Registration Fund....................................$950~~

10 ~~Tax Compliance and & Administration Fund...............$1,483~~

11 ~~Technology Management Revolving Fund.................$186,193~~

12 ~~Tobacco Settlement Recovery Fund......................$29,864~~

13 ~~Tourism Promotion Fund................................$50,155~~

14 ~~Transportation Regulatory Fund........................$78,256~~

15 ~~Trauma Center Fund.....................................$1,960~~

16 ~~Underground Storage Tank Fund..........................$3,630~~

17 ~~University of Illinois IL Hospital Services Fund.......$6,712~~

18 ~~Vehicle Hijacking and Motor Vehicle~~

19 ~~Theft Prevention and Insurance~~

20 ~~Verification Trust Fund...........................$10,970~~

21 ~~Vehicle Inspection Fund................................$5,069~~

22 ~~Weights and Measures Fund.............................$22,129~~

23 ~~Youth Alcoholism and & Substance Abuse Prevention Fund...$526~~

24 Notwithstanding any provision of the law to the contrary,

25 the General Assembly hereby authorizes the use of such funds

26 for the purposes set forth in this Section.

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1 These provisions do not apply to funds classified by the

2 Comptroller as federal trust funds or State trust funds. The

3 Audit Expense Fund may receive transfers from those trust

4 funds only as directed herein, except where prohibited by the

5 terms of the trust fund agreement. The Auditor General shall

6 notify the trustees of those funds of the estimated cost of the

7 audit to be incurred under the Illinois State Auditing Act for

8 the fund. The trustees of those funds shall direct the State

9 Comptroller and Treasurer to transfer the estimated amount to

10 the Audit Expense Fund.

11 The Auditor General may bill entities that are not subject

12 to the above transfer provisions, including private entities,

13 related organizations and entities whose funds are

14 locally-held, for the cost of audits, studies, and

15 investigations incurred on their behalf. Any revenues received

16 under this provision shall be deposited into the Audit Expense

17 Fund.

18 In the event that moneys on deposit in any fund are

19 unavailable, by reason of deficiency or any other reason

20 preventing their lawful transfer, the State Comptroller shall

21 order transferred and the State Treasurer shall transfer the

22 amount deficient or otherwise unavailable from the General

23 Revenue Fund for deposit into the Audit Expense Fund.

24 On or before December 1, 1992, and each December 1

25 thereafter, the Auditor General shall notify the Governor's

26 Office of Management and Budget (formerly Bureau of the

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1 Budget) of the amount estimated to be necessary to pay for

2 audits, studies, and investigations in accordance with the

3 Illinois State Auditing Act during the next succeeding fiscal

4 year for each State fund for which a transfer or reimbursement

5 is anticipated.

6 Beginning with fiscal year 1994 and during each fiscal

7 year thereafter, the Auditor General may direct the State

8 Comptroller and Treasurer to transfer moneys from funds

9 authorized by the General Assembly for that fund. In the event

10 funds, including federal and State trust funds but excluding

11 the General Revenue Fund, are transferred, during fiscal year

12 1994 and during each fiscal year thereafter, in excess of the

13 amount to pay actual costs attributable to audits, studies,

14 and investigations as permitted or required by the Illinois

15 State Auditing Act or specific action of the General Assembly,

16 the Auditor General shall, on September 30, or as soon

17 thereafter as is practicable, direct the State Comptroller and

18 Treasurer to transfer the excess amount back to the fund from

19 which it was originally transferred.

20 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;

21 103-8, eff. 6-7-23; 103-129, eff. 6-30-23; revised 11-21-23.)

22 (30 ILCS 105/6z-32)

23 Sec. 6z-32. Partners for Planning and Conservation.

24 (a) The Partners for Conservation Fund (formerly known as

25 the Conservation 2000 Fund) and the Partners for Conservation

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1 Projects Fund (formerly known as the Conservation 2000

2 Projects Fund) are created as special funds in the State

3 Treasury. These funds shall be used to establish a

4 comprehensive program to protect Illinois' natural resources

5 through cooperative partnerships between State government and

6 public and private landowners. Moneys in these Funds may be

7 used, subject to appropriation, by the Department of Natural

8 Resources, Environmental Protection Agency, and the Department

9 of Agriculture for purposes relating to natural resource

10 protection, planning, recreation, tourism, climate resilience,

11 and compatible agricultural and economic development

12 activities. Without limiting these general purposes, moneys in

13 these Funds may be used, subject to appropriation, for the

14 following specific purposes:

15 (1) To foster sustainable agriculture practices and

16 control soil erosion, sedimentation, and nutrient loss

17 from farmland, including grants to Soil and Water

18 Conservation Districts for conservation practice

19 cost-share grants and for personnel, educational, and

20 administrative expenses.

21 (2) To establish and protect a system of ecosystems in

22 public and private ownership through conservation

23 easements, incentives to public and private landowners,

24 natural resource restoration and preservation, water

25 quality protection and improvement, land use and watershed

26 planning, technical assistance and grants, and land

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1 acquisition provided these mechanisms are all voluntary on

2 the part of the landowner and do not involve the use of

3 eminent domain.

4 (3) To develop a systematic and long-term program to

5 effectively measure and monitor natural resources and

6 ecological conditions through investments in technology

7 and involvement of scientific experts.

8 (4) To initiate strategies to enhance, use, and

9 maintain Illinois' inland lakes through education,

10 technical assistance, research, and financial incentives.

11 (5) To partner with private landowners and with units

12 of State, federal, and local government and with

13 not-for-profit organizations in order to integrate State

14 and federal programs with Illinois' natural resource

15 protection and restoration efforts and to meet

16 requirements to obtain federal and other funds for

17 conservation or protection of natural resources.

18 (6) To support the State's Nutrient Loss Reduction

19 Strategy, including, but not limited to, funding the

20 resources needed to support the Strategy's Policy Working

21 Group, cover water quality monitoring in support of

22 Strategy implementation, prepare a biennial report on the

23 progress made on the Strategy every 2 years, and provide

24 cost share funding for nutrient capture projects.

25 (7) To provide capacity grants to support soil and

26 water conservation districts, including, but not limited

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1 to, developing soil health plans, conducting soil health

2 assessments, peer-to-peer training, convening

3 producer-led dialogues, professional memberships, lab

4 analysis, ~~and~~ and travel stipends for meetings and

5 educational events.

6 (8) To develop guidelines and local soil health

7 assessments for advancing soil health.

8 (b) The State Comptroller and State Treasurer shall

9 automatically transfer on the last day of each month,

10 beginning on September 30, 1995 and ending on June 30, 2025

11 ~~2024~~, from the General Revenue Fund to the Partners for

12 Conservation Fund, an amount equal to 1/10 of the amount set

13 forth below in fiscal year 1996 and an amount equal to 1/12 of

14 the amount set forth below in each of the other specified

15 fiscal years:

16	`Fiscal Year`	`Amount`
17	`1996`	`$ 3,500,000`
18	`1997`	`$ 9,000,000`
19	`1998`	`$10,000,000`
20	`1999`	`$11,000,000`
21	`2000`	`$12,500,000`
22	`2001 through 2004`	`$14,000,000`
23	`2005`	`$7,000,000`
24	`2006`	`$11,000,000`
25	`2007`	`$0`
26	`2008 through 2011`	`$14,000,000`

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1	`2012`	`$12,200,000`
2	`2013 through 2017`	`$14,000,000`
3	`2018`	`$1,500,000`
4	`2019`	`$14,000,000`
5	`2020`	`$7,500,000`
6	`2021 through 2023`	`$14,000,000`
7	`2024`	`$18,000,000`
8	`2025`	`$14,000,000`

9 (c) The State Comptroller and State Treasurer shall

10 automatically transfer on the last day of each month beginning

11 on July 31, 2021 and ending June 30, 2022, from the

12 Environmental Protection Permit and Inspection Fund to the

13 Partners for Conservation Fund, an amount equal to 1/12 of

14 $4,135,000.

15 (c-1) The State Comptroller and State Treasurer shall

16 automatically transfer on the last day of each month beginning

17 on July 31, 2022 and ending June 30, 2023, from the

18 Environmental Protection Permit and Inspection Fund to the

19 Partners for Conservation Fund, an amount equal to 1/12 of

20 $5,900,000.

21 (d) There shall be deposited into the Partners for

22 Conservation Projects Fund such bond proceeds and other moneys

23 as may, from time to time, be provided by law.

24 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;

25 103-8, eff. 6-7-23; 103-494, eff. 8-4-23; revised 9-7-23.)

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1 (30 ILCS 105/6z-47)

2 Sec. 6z-47. Fund for Illinois' Future.

3 (a) The Fund for Illinois' Future is hereby created as a

4 special fund in the State Treasury.

5 (b) On June 15, 1999 ( ~~Upon~~ the effective date of Public Act

6 91-38) ~~this amendatory Act of the 91st General Assembly~~, or as

7 soon as possible thereafter, the Comptroller shall order

8 transferred and the Treasurer shall transfer $260,000,000 from

9 the General Revenue Fund to the Fund for Illinois' Future.

10 On July 15, 2000, or as soon as possible thereafter, the

11 Comptroller shall order transferred and the Treasurer shall

12 transfer $260,000,000 from the General Revenue Fund to the

13 Fund for Illinois' Future.

14 Revenues in the Fund for Illinois' Future shall include

15 any other funds appropriated or transferred into the Fund.

16 (c) Moneys in the Fund for Illinois' Future may be

17 appropriated for the making of grants and expenditures for

18 planning, engineering, acquisition, construction,

19 reconstruction, development, improvement, and extension of

20 public infrastructure in the State of Illinois, including

21 grants to local governments for public infrastructure, grants

22 to public elementary and secondary school districts for public

23 infrastructure, grants to universities, colleges, community

24 colleges, and non-profit corporations for public

25 infrastructure, and expenditures for public infrastructure of

26 the State and other related purposes, including but not

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LRB103 36303 JDS 74258 a

1 limited to expenditures for equipment, vehicles, community

2 programs, and recreational facilities.

3 (d) Moneys in the Fund for Illinois' Future may also be

4 appropriated for the making of grants to local governments,

5 public and private elementary and secondary schools,

6 non-profit corporations, and community-based providers for

7 costs associated with violence prevention, community

8 development, educational programs, social services, community

9 programs, and operational expenses.

10 (Source: P.A. 91-38, eff. 6-15-99.)

11 (30 ILCS 105/6z-70)

12 Sec. 6z-70. The Secretary of State Identification Security

13 and Theft Prevention Fund.

14 (a) The Secretary of State Identification Security and

15 Theft Prevention Fund is created as a special fund in the State

16 treasury. The Fund shall consist of any fund transfers,

17 grants, fees, or moneys from other sources received for the

18 purpose of funding identification security and theft

19 prevention measures.

20 (b) All moneys in the Secretary of State Identification

21 Security and Theft Prevention Fund shall be used, subject to

22 appropriation, for any costs related to implementing

23 identification security and theft prevention measures.

24 (c) (Blank).

25 (d) (Blank).

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LRB103 36303 JDS 74258 a

1 (e) (Blank).

2 (f) (Blank).

3 (g) (Blank).

4 (h) (Blank).

5 (i) (Blank).

6 (j) (Blank).

7 (k) (Blank).

8 (l) (Blank).

9 (m) (Blank).

10 (n) (Blank).

11 (o) (Blank). ~~Notwithstanding any other provision of State~~

12 ~~law to the contrary, on or after July 1, 2022, and until June~~

13 ~~30, 2023, in addition to any other transfers that may be~~

14 ~~provided for by law, at the direction of and upon notification~~

15 ~~of the Secretary of State, the State Comptroller shall direct~~

16 ~~and the State Treasurer shall transfer amounts into the~~

17 ~~Secretary of State Identification Security and Theft~~

18 ~~Prevention Fund from the designated funds not exceeding the~~

19 ~~following totals:~~

20 ~~Division of Corporations Registered Limited~~

21 ~~Liability Partnership Fund...................$400,000~~

22 ~~Department of Business Services Special~~

23 ~~Operations Fund............................$5,500,000~~

24 ~~Securities Audit and Enforcement Fund..........$4,000,000~~

25 ~~Corporate Franchise Tax Refund Fund............$4,000,000~~

26 (p) Notwithstanding any other provision of State law to

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LRB103 36303 JDS 74258 a

1 the contrary, on or after July 1, 2023, and until June 30,

2 2024, in addition to any other transfers that may be provided

3 for by law, at the direction of and upon notification of the

4 Secretary of State, the State Comptroller shall direct and the

5 State Treasurer shall transfer amounts into the Secretary of

6 State Identification Security and Theft Prevention Fund from

7 the designated funds not exceeding the following totals:

8 Division of Corporations Registered Limited

9 Liability Partnership Fund..................$400,000

10 Department of Business Services Special

11 Operations Fund...........................$5,500,000

12 Securities Audit and Enforcement Fund.........$4,000,000

13 (q) Notwithstanding any other provision of State law to

14 the contrary, on or after July 1, 2024, and until June 30,

15 2025, in addition to any other transfers that may be provided

16 for by law, at the direction of and upon notification of the

17 Secretary of State, the State Comptroller shall direct and the

18 State Treasurer shall transfer amounts into the Secretary of

19 State Identification Security and Theft Prevention Fund from

20 the designated funds not exceeding the following totals:

21 Division of Corporations Registered Limited

22 Liability Partnership Fund...................$400,000

23 Department of Business Services Special

24 Operations Fund............................$5,500,000

25 Securities Audit and Enforcement Fund..........$4,000,000

26 Corporate Franchise Tax Refund Fund............$3,000,000

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1 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;

2 103-8, eff. 6-7-23.)

3 (30 ILCS 105/6z-111)

4 Sec. 6z-111. Rebuild Illinois Projects Fund.

5 (a) The Rebuild Illinois Projects Fund is created as a

6 special fund in the State treasury and shall receive moneys

7 from the collection of license fees on initial licenses issued

8 for newly licensed gaming facilities or wagering platforms in

9 Fiscal Year 2019 or thereafter, and any other moneys

10 appropriated or transferred to it as provided by law.

11 (b) Money in the Rebuild Illinois Projects Fund shall be

12 used, subject to appropriation, for grants that support

13 ~~community development, including~~ capital projects and other

14 purposes authorized by law.

15 (Source: P.A. 101-30, eff. 6-28-19.)

16 (30 ILCS 105/6z-140 new)

17 Sec. 6z-140. Professions Licensure Fund. The Professions

18 Licensure Fund is created as a special fund in the State

19 treasury. The Fund may receive revenue from any authorized

20 source, including, but not limited to, gifts, grants, awards,

21 transfers, and appropriations. Subject to appropriation, the

22 Department of Financial and Professional Regulation may use

23 moneys in the Fund for costs directly associated with the

24 procurement of electronic data processing software, licenses,

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LRB103 36303 JDS 74258 a

1 or any other information technology system products and for

2 the ongoing costs of electronic data processing software,

3 licenses, or other information technology system products

4 related to the granting, renewal, or administration of all

5 licenses under the Department's jurisdiction.

6 (30 ILCS 105/8.3)

7 Sec. 8.3. Money in the Road Fund shall, if and when the

8 State of Illinois incurs any bonded indebtedness for the

9 construction of permanent highways, be set aside and used for

10 the purpose of paying and discharging annually the principal

11 and interest on that bonded indebtedness then due and payable,

12 and for no other purpose. The surplus, if any, in the Road Fund

13 after the payment of principal and interest on that bonded

14 indebtedness then annually due shall be used as follows:

15 first -- to pay the cost of administration of Chapters

16 2 through 10 of the Illinois Vehicle Code, except the cost

17 of administration of Articles I and II of Chapter 3 of that

18 Code, and to pay the costs of the Executive Ethics

19 Commission for oversight and administration of the Chief

20 Procurement Officer appointed under paragraph (2) of

21 subsection (a) of Section 10-20 of the Illinois

22 Procurement Code for transportation; and

23 secondly -- for expenses of the Department of

24 Transportation for construction, reconstruction,

25 improvement, repair, maintenance, operation, and

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LRB103 36303 JDS 74258 a

1 administration of highways in accordance with the

2 provisions of laws relating thereto, or for any purpose

3 related or incident to and connected therewith, including

4 the separation of grades of those highways with railroads

5 and with highways and including the payment of awards made

6 by the Illinois Workers' Compensation Commission under the

7 terms of the Workers' Compensation Act or Workers'

8 Occupational Diseases Act for injury or death of an

9 employee of the Division of Highways in the Department of

10 Transportation; or for the acquisition of land and the

11 erection of buildings for highway purposes, including the

12 acquisition of highway right-of-way or for investigations

13 to determine the reasonably anticipated future highway

14 needs; or for making of surveys, plans, specifications and

15 estimates for and in the construction and maintenance of

16 flight strips and of highways necessary to provide access

17 to military and naval reservations, to defense industries

18 and defense-industry sites, and to the sources of raw

19 materials and for replacing existing highways and highway

20 connections shut off from general public use at military

21 and naval reservations and defense-industry sites, or for

22 the purchase of right-of-way, except that the State shall

23 be reimbursed in full for any expense incurred in building

24 the flight strips; or for the operating and maintaining of

25 highway garages; or for patrolling and policing the public

26 highways and conserving the peace; or for the operating

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LRB103 36303 JDS 74258 a

1 expenses of the Department relating to the administration

2 of public transportation programs; ~~or, during fiscal year~~

3 ~~2023, for the purposes of a grant not to exceed $8,394,800~~

4 ~~to the Regional Transportation Authority on behalf of PACE~~

5 ~~for the purpose of ADA/Para-transit expenses;~~ or, during

6 fiscal year 2024, for the purposes of a grant not to exceed

7 $9,108,400 to the Regional Transportation Authority on

8 behalf of PACE for the purpose of ADA/Para-transit

9 expenses; or, during fiscal year 2025, for the purposes of

10 a grant not to exceed $10,020,000 to the Regional

11 Transportation Authority on behalf of PACE for the purpose

12 of ADA/Para-transit expenses; or for any of those purposes

13 or any other purpose that may be provided by law.

14 Appropriations for any of those purposes are payable from

15 the Road Fund. Appropriations may also be made from the Road

16 Fund for the administrative expenses of any State agency that

17 are related to motor vehicles or arise from the use of motor

18 vehicles.

19 Beginning with fiscal year 1980 and thereafter, no Road

20 Fund monies shall be appropriated to the following Departments

21 or agencies of State government for administration, grants, or

22 operations; but this limitation is not a restriction upon

23 appropriating for those purposes any Road Fund monies that are

24 eligible for federal reimbursement:

25 1. Department of Public Health;

26 2. Department of Transportation, only with respect to

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LRB103 36303 JDS 74258 a

1 subsidies for one-half fare Student Transportation and

2 Reduced Fare for Elderly, ~~except fiscal year 2023 when no~~

3 ~~more than $17,570,000 may be expended and~~ except fiscal

4 year 2024 when no more than $19,063,500 may be expended

5 and except fiscal year 2025 when no more than $20,969,900

6 may be expended;

7 3. Department of Central Management Services, except

8 for expenditures incurred for group insurance premiums of

9 appropriate personnel;

10 4. Judicial Systems and Agencies.

11 Beginning with fiscal year 1981 and thereafter, no Road

12 Fund monies shall be appropriated to the following Departments

13 or agencies of State government for administration, grants, or

14 operations; but this limitation is not a restriction upon

15 appropriating for those purposes any Road Fund monies that are

16 eligible for federal reimbursement:

17 1. Illinois State Police, except for expenditures with

18 respect to the Division of Patrol and Division of Criminal

19 Investigation;

20 2. Department of Transportation, only with respect to

21 Intercity Rail Subsidies, ~~except fiscal year 2023 when no~~

22 ~~more than $55,000,000 may be expended and~~ except fiscal

23 year 2024 when no more than $60,000,000 may be expended

24 and except fiscal year 2025 when no more than $67,000,000

25 may be expended, and Rail Freight Services.

26 Beginning with fiscal year 1982 and thereafter, no Road

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LRB103 36303 JDS 74258 a

1 Fund monies shall be appropriated to the following Departments

2 or agencies of State government for administration, grants, or

3 operations; but this limitation is not a restriction upon

4 appropriating for those purposes any Road Fund monies that are

5 eligible for federal reimbursement: Department of Central

6 Management Services, except for awards made by the Illinois

7 Workers' Compensation Commission under the terms of the

8 Workers' Compensation Act or Workers' Occupational Diseases

9 Act for injury or death of an employee of the Division of

10 Highways in the Department of Transportation.

11 Beginning with fiscal year 1984 and thereafter, no Road

12 Fund monies shall be appropriated to the following Departments

13 or agencies of State government for administration, grants, or

14 operations; but this limitation is not a restriction upon

15 appropriating for those purposes any Road Fund monies that are

16 eligible for federal reimbursement:

17 1. Illinois State Police, except not more than 40% of

18 the funds appropriated for the Division of Patrol and

19 Division of Criminal Investigation;

20 2. State Officers.

21 Beginning with fiscal year 1984 and thereafter, no Road

22 Fund monies shall be appropriated to any Department or agency

23 of State government for administration, grants, or operations

24 except as provided hereafter; but this limitation is not a

25 restriction upon appropriating for those purposes any Road

26 Fund monies that are eligible for federal reimbursement. It

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LRB103 36303 JDS 74258 a

1 shall not be lawful to circumvent the above appropriation

2 limitations by governmental reorganization or other methods.

3 Appropriations shall be made from the Road Fund only in

4 accordance with the provisions of this Section.

5 Money in the Road Fund shall, if and when the State of

6 Illinois incurs any bonded indebtedness for the construction

7 of permanent highways, be set aside and used for the purpose of

8 paying and discharging during each fiscal year the principal

9 and interest on that bonded indebtedness as it becomes due and

10 payable as provided in the Transportation Bond Act, and for no

11 other purpose. The surplus, if any, in the Road Fund after the

12 payment of principal and interest on that bonded indebtedness

13 then annually due shall be used as follows:

14 first -- to pay the cost of administration of Chapters

15 2 through 10 of the Illinois Vehicle Code; and

16 secondly -- no Road Fund monies derived from fees,

17 excises, or license taxes relating to registration,

18 operation and use of vehicles on public highways or to

19 fuels used for the propulsion of those vehicles, shall be

20 appropriated or expended other than for costs of

21 administering the laws imposing those fees, excises, and

22 license taxes, statutory refunds and adjustments allowed

23 thereunder, administrative costs of the Department of

24 Transportation, including, but not limited to, the

25 operating expenses of the Department relating to the

26 administration of public transportation programs, payment

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LRB103 36303 JDS 74258 a

1 of debts and liabilities incurred in construction and

2 reconstruction of public highways and bridges, acquisition

3 of rights-of-way for and the cost of construction,

4 reconstruction, maintenance, repair, and operation of

5 public highways and bridges under the direction and

6 supervision of the State, political subdivision, or

7 municipality collecting those monies, ~~or during fiscal~~

8 ~~year 2023 for the purposes of a grant not to exceed~~

9 ~~$8,394,800 to the Regional Transportation Authority on~~

10 ~~behalf of PACE for the purpose of ADA/Para-transit~~

11 ~~expenses,~~ or during fiscal year 2024 for the purposes of a

12 grant not to exceed $9,108,400 to the Regional

13 Transportation Authority on behalf of PACE for the purpose

14 of ADA/Para-transit expenses, or during fiscal year 2025

15 for the purposes of a grant not to exceed $10,020,000 to

16 the Regional Transportation Authority on behalf of PACE

17 for the purpose of ADA/Para-transit expenses, and the

18 costs for patrolling and policing the public highways (by

19 the State, political subdivision, or municipality

20 collecting that money) for enforcement of traffic laws.

21 The separation of grades of such highways with railroads

22 and costs associated with protection of at-grade highway

23 and railroad crossing shall also be permissible.

24 Appropriations for any of such purposes are payable from

25 the Road Fund or the Grade Crossing Protection Fund as

26 provided in Section 8 of the Motor Fuel Tax Law.

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LRB103 36303 JDS 74258 a

1 Except as provided in this paragraph, beginning with

2 fiscal year 1991 and thereafter, no Road Fund monies shall be

3 appropriated to the Illinois State Police for the purposes of

4 this Section in excess of its total fiscal year 1990 Road Fund

5 appropriations for those purposes unless otherwise provided in

6 Section 5g of this Act. For fiscal years 2003, 2004, 2005,

7 2006, and 2007 only, no Road Fund monies shall be appropriated

8 to the Department of State Police for the purposes of this

9 Section in excess of $97,310,000. For fiscal year 2008 only,

10 no Road Fund monies shall be appropriated to the Department of

11 State Police for the purposes of this Section in excess of

12 $106,100,000. For fiscal year 2009 only, no Road Fund monies

13 shall be appropriated to the Department of State Police for

14 the purposes of this Section in excess of $114,700,000.

15 Beginning in fiscal year 2010, no Road Fund ~~road fund~~ moneys

16 shall be appropriated to the Illinois State Police. It shall

17 not be lawful to circumvent this limitation on appropriations

18 by governmental reorganization or other methods unless

19 otherwise provided in Section 5g of this Act.

20 In fiscal year 1994, no Road Fund monies shall be

21 appropriated to the Secretary of State for the purposes of

22 this Section in excess of the total fiscal year 1991 Road Fund

23 appropriations to the Secretary of State for those purposes,

24 plus $9,800,000. It shall not be lawful to circumvent this

25 limitation on appropriations by governmental reorganization or

26 other method.

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1 Beginning with fiscal year 1995 and thereafter, no Road

2 Fund monies shall be appropriated to the Secretary of State

3 for the purposes of this Section in excess of the total fiscal

4 year 1994 Road Fund appropriations to the Secretary of State

5 for those purposes. It shall not be lawful to circumvent this

6 limitation on appropriations by governmental reorganization or

7 other methods.

8 Beginning with fiscal year 2000, total Road Fund

9 appropriations to the Secretary of State for the purposes of

10 this Section shall not exceed the amounts specified for the

11 following fiscal years:

12	`Fiscal Year 2000`	`$80,500,000;`
13	`Fiscal Year 2001`	`$80,500,000;`
14	`Fiscal Year 2002`	`$80,500,000;`
15	`Fiscal Year 2003`	`$130,500,000;`
16	`Fiscal Year 2004`	`$130,500,000;`
17	`Fiscal Year 2005`	`$130,500,000;`
18	`Fiscal Year 2006`	`$130,500,000;`
19	`Fiscal Year 2007`	`$130,500,000;`
20	`Fiscal Year 2008`	`$130,500,000;`
21	`Fiscal Year 2009`	`$130,500,000.`

22 For fiscal year 2010, no road fund moneys shall be

23 appropriated to the Secretary of State.

24 Beginning in fiscal year 2011, moneys in the Road Fund

25 shall be appropriated to the Secretary of State for the

26 exclusive purpose of paying refunds due to overpayment of fees

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1 related to Chapter 3 of the Illinois Vehicle Code unless

2 otherwise provided for by law.

3 Beginning in fiscal year 2025, moneys in the Road Fund may

4 be appropriated to the Environmental Protection Agency for the

5 exclusive purpose of making deposits into the Electric Vehicle

6 Rebate Fund, subject to appropriation, to be used for purposes

7 consistent with Section 11 of Article IX of the Illinois

8 Constitution.

9 It shall not be lawful to circumvent this limitation on

10 appropriations by governmental reorganization or other

11 methods.

12 No new program may be initiated in fiscal year 1991 and

13 thereafter that is not consistent with the limitations imposed

14 by this Section for fiscal year 1984 and thereafter, insofar

15 as appropriation of Road Fund monies is concerned.

16 Nothing in this Section prohibits transfers from the Road

17 Fund to the State Construction Account Fund under Section 5e

18 of this Act; nor to the General Revenue Fund, as authorized by

19 Public Act 93-25.

20 The additional amounts authorized for expenditure in this

21 Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91

22 shall be repaid to the Road Fund from the General Revenue Fund

23 in the next succeeding fiscal year that the General Revenue

24 Fund has a positive budgetary balance, as determined by

25 generally accepted accounting principles applicable to

26 government.

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1 The additional amounts authorized for expenditure by the

2 Secretary of State and the Department of State Police in this

3 Section by Public Act 94-91 shall be repaid to the Road Fund

4 from the General Revenue Fund in the next succeeding fiscal

5 year that the General Revenue Fund has a positive budgetary

6 balance, as determined by generally accepted accounting

7 principles applicable to government.

8 (Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;

9 102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.

10 6-7-23; 103-34, eff. 1-1-24; revised 12-12-23.)

11 (30 ILCS 105/8.12) (from Ch. 127, par. 144.12)

12 Sec. 8.12. State Pensions Fund.

13 (a) The moneys in the State Pensions Fund shall be used

14 exclusively for the administration of the Revised Uniform

15 Unclaimed Property Act and for the expenses incurred by the

16 Auditor General for administering the provisions of Section

17 2-8.1 of the Illinois State Auditing Act and for operational

18 expenses of the Office of the State Treasurer and for the

19 funding of the unfunded liabilities of the designated

20 retirement systems. For the purposes of this Section,

21 "operational expenses of the Office of the State Treasurer"

22 includes the acquisition of land and buildings in State fiscal

23 years 2019 and 2020 for use by the Office of the State

24 Treasurer, as well as construction, reconstruction,

25 improvement, repair, and maintenance, in accordance with the

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1 provisions of laws relating thereto, of such lands and

2 buildings beginning in State fiscal year 2019 and thereafter.

3 Beginning in State fiscal year 2026 ~~2025~~, payments to the

4 designated retirement systems under this Section shall be in

5 addition to, and not in lieu of, any State contributions

6 required under the Illinois Pension Code.

7 "Designated retirement systems" means:

8 (1) the State Employees' Retirement System of

9 Illinois;

10 (2) the Teachers' Retirement System of the State of

11 Illinois;

12 (3) the State Universities Retirement System;

13 (4) the Judges Retirement System of Illinois; and

14 (5) the General Assembly Retirement System.

15 (b) Each year the General Assembly may make appropriations

16 from the State Pensions Fund for the administration of the

17 Revised Uniform Unclaimed Property Act.

18 (c) (Blank).

19 (c-5) For fiscal years 2006 through 2025 ~~2024~~, the General

20 Assembly shall appropriate from the State Pensions Fund to the

21 State Universities Retirement System the amount estimated to

22 be available during the fiscal year in the State Pensions

23 Fund; provided, however, that the amounts appropriated under

24 this subsection (c-5) shall not reduce the amount in the State

25 Pensions Fund below $5,000,000.

26 (c-6) For fiscal year 2026 ~~2025~~ and each fiscal year

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1 thereafter, as soon as may be practical after any money is

2 deposited into the State Pensions Fund from the Unclaimed

3 Property Trust Fund, the State Treasurer shall apportion the

4 deposited amount among the designated retirement systems as

5 defined in subsection (a) to reduce their actuarial reserve

6 deficiencies. The State Comptroller and State Treasurer shall

7 pay the apportioned amounts to the designated retirement

8 systems to fund the unfunded liabilities of the designated

9 retirement systems. The amount apportioned to each designated

10 retirement system shall constitute a portion of the amount

11 estimated to be available for appropriation from the State

12 Pensions Fund that is the same as that retirement system's

13 portion of the total actual reserve deficiency of the systems,

14 as determined annually by the Governor's Office of Management

15 and Budget at the request of the State Treasurer. The amounts

16 apportioned under this subsection shall not reduce the amount

17 in the State Pensions Fund below $5,000,000.

18 (d) The Governor's Office of Management and Budget shall

19 determine the individual and total reserve deficiencies of the

20 designated retirement systems. For this purpose, the

21 Governor's Office of Management and Budget shall utilize the

22 latest available audit and actuarial reports of each of the

23 retirement systems and the relevant reports and statistics of

24 the Public Employee Pension Fund Division of the Department of

25 Insurance.

26 (d-1) (Blank).

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1 (e) The changes to this Section made by Public Act 88-593

2 shall first apply to distributions from the Fund for State

3 fiscal year 1996.

4 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;

5 103-8, eff. 6-7-23.)

6 (30 ILCS 105/8g-1)

7 Sec. 8g-1. Fund transfers.

8 (a) (Blank).

9 (b) (Blank).

10 (c) (Blank).

11 (d) (Blank).

12 (e) (Blank).

13 (f) (Blank).

14 (g) (Blank).

15 (h) (Blank).

16 (i) (Blank).

17 (j) (Blank).

18 (k) (Blank).

19 (l) (Blank).

20 (m) (Blank).

21 (n) (Blank).

22 (o) (Blank).

23 (p) (Blank).

24 (q) (Blank).

25 (r) (Blank).

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1 (s) (Blank).

2 (t) (Blank).

3 (u) (Blank). ~~In addition to any other transfers that may~~

4 ~~be provided for by law, on July 1, 2021, or as soon thereafter~~

5 ~~as practical, only as directed by the Director of the~~

6 ~~Governor's Office of Management and Budget, the State~~

7 ~~Comptroller shall direct and the State Treasurer shall~~

8 ~~transfer the sum of $5,000,000 from the General Revenue Fund~~

9 ~~to the DoIT Special Projects Fund, and on June 1, 2022, or as~~

10 ~~soon thereafter as practical, but no later than June 30, 2022,~~

11 ~~the State Comptroller shall direct and the State Treasurer~~

12 ~~shall transfer the sum so transferred from the DoIT Special~~

13 ~~Projects Fund to the General Revenue Fund.~~

14 (v) (Blank). ~~In addition to any other transfers that may~~

15 ~~be provided for by law, on July 1, 2021, or as soon thereafter~~

16 ~~as practical, the State Comptroller shall direct and the State~~

17 ~~Treasurer shall transfer the sum of $500,000 from the General~~

18 ~~Revenue Fund to the Governor's Administrative Fund.~~

19 (w) (Blank). ~~In addition to any other transfers that may~~

20 ~~be provided for by law, on July 1, 2021, or as soon thereafter~~

21 ~~as practical, the State Comptroller shall direct and the State~~

22 ~~Treasurer shall transfer the sum of $500,000 from the General~~

23 ~~Revenue Fund to the Grant Accountability and Transparency~~

24 ~~Fund.~~

25 (x) (Blank). ~~In addition to any other transfers that may~~

26 ~~be provided for by law, at a time or times during Fiscal Year~~

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1 ~~2022 as directed by the Governor, the State Comptroller shall~~

2 ~~direct and the State Treasurer shall transfer up to a total of~~

3 ~~$20,000,000 from the General Revenue Fund to the Illinois~~

4 ~~Sports Facilities Fund to be credited to the Advance Account~~

5 ~~within the Fund.~~

6 (y) (Blank). ~~In addition to any other transfers that may~~

7 ~~be provided for by law, on June 15, 2021, or as soon thereafter~~

8 ~~as practical, but no later than June 30, 2021, the State~~

9 ~~Comptroller shall direct and the State Treasurer shall~~

10 ~~transfer the sum of $100,000,000 from the General Revenue Fund~~

11 ~~to the Technology Management Revolving Fund.~~

12 (z) (Blank). ~~In addition to any other transfers that may~~

13 ~~be provided for by law, on April 19, 2022 (the effective date~~

14 ~~of Public Act 102-699), or as soon thereafter as practical,~~

15 ~~but no later than June 30, 2022, the State Comptroller shall~~

16 ~~direct and the State Treasurer shall transfer the sum of~~

17 ~~$148,000,000 from the General Revenue Fund to the Build~~

18 ~~Illinois Bond Fund.~~

19 (aa) (Blank). ~~In addition to any other transfers that may~~

20 ~~be provided for by law, on April 19, 2022 (the effective date~~

21 ~~of Public Act 102-699), or as soon thereafter as practical,~~

22 ~~but no later than June 30, 2022, the State Comptroller shall~~

23 ~~direct and the State Treasurer shall transfer the sum of~~

24 ~~$180,000,000 from the General Revenue Fund to the Rebuild~~

25 ~~Illinois Projects Fund.~~

26 (bb) (Blank). ~~In addition to any other transfers that may~~

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1 ~~be provided for by law, on July 1, 2022, or as soon thereafter~~

2 ~~as practical, the State Comptroller shall direct and the State~~

3 ~~Treasurer shall transfer the sum of $500,000 from the General~~

4 ~~Revenue Fund to the Governor's Administrative Fund.~~

5 (cc) (Blank). ~~In addition to any other transfers that may~~

6 ~~be provided for by law, on July 1, 2022, or as soon thereafter~~

7 ~~as practical, the State Comptroller shall direct and the State~~

8 ~~Treasurer shall transfer the sum of $500,000 from the General~~

9 ~~Revenue Fund to the Grant Accountability and Transparency~~

10 ~~Fund.~~

11 (dd) (Blank). ~~In addition to any other transfers that may~~

12 ~~be provided by law, on April 19, 2022 (the effective date of~~

13 ~~Public Act 102-700), or as soon thereafter as practical, but~~

14 ~~no later than June 30, 2022, the State Comptroller shall~~

15 ~~direct and the State Treasurer shall transfer the sum of~~

16 ~~$685,000,000 from the General Revenue Fund to the Income Tax~~

17 ~~Refund Fund. Moneys from this transfer shall be used for the~~

18 ~~purpose of making the one-time rebate payments provided under~~

19 ~~Section 212.1 of the Illinois Income Tax Act.~~

20 (ee) (Blank). ~~In addition to any other transfers that may~~

21 ~~be provided by law, beginning on April 19, 2022 (the effective~~

22 ~~date of Public Act 102-700) and until December 31, 2023, at the~~

23 ~~direction of the Department of Revenue, the State Comptroller~~

24 ~~shall direct and the State Treasurer shall transfer from the~~

25 ~~General Revenue Fund to the Income Tax Refund Fund any amounts~~

26 ~~needed beyond the amounts transferred in subsection (dd) to~~

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1 ~~make payments of the one-time rebate payments provided under~~

2 ~~Section 212.1 of the Illinois Income Tax Act.~~

3 (ff) (Blank). ~~In addition to any other transfers that may~~

4 ~~be provided for by law, on April 19, 2022 (the effective date~~

5 ~~of Public Act 102-700), or as soon thereafter as practical,~~

6 ~~but no later than June 30, 2022, the State Comptroller shall~~

7 ~~direct and the State Treasurer shall transfer the sum of~~

8 ~~$720,000,000 from the General Revenue Fund to the Budget~~

9 ~~Stabilization Fund.~~

10 (gg) (Blank). ~~In addition to any other transfers that may~~

11 ~~be provided for by law, on July 1, 2022, or as soon thereafter~~

12 ~~as practical, the State Comptroller shall direct and the State~~

13 ~~Treasurer shall transfer the sum of $280,000,000 from the~~

14 ~~General Revenue Fund to the Budget Stabilization Fund.~~

15 (hh) (Blank). ~~In addition to any other transfers that may~~

16 ~~be provided for by law, on July 1, 2022, or as soon thereafter~~

17 ~~as practical, the State Comptroller shall direct and the State~~

18 ~~Treasurer shall transfer the sum of $200,000,000 from the~~

19 ~~General Revenue Fund to the Pension Stabilization Fund.~~

20 (ii) (Blank). ~~In addition to any other transfers that may~~

21 ~~be provided for by law, on January 1, 2023, or as soon~~

22 ~~thereafter as practical, the State Comptroller shall direct~~

23 ~~and the State Treasurer shall transfer the sum of $850,000,000~~

24 ~~from the General Revenue Fund to the Budget Stabilization~~

25 ~~Fund.~~

26 (jj) (Blank). ~~In addition to any other transfers that may~~

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1 ~~be provided for by law, at a time or times during Fiscal Year~~

2 ~~2023 as directed by the Governor, the State Comptroller shall~~

3 ~~direct and the State Treasurer shall transfer up to a total of~~

4 ~~$400,000,000 from the General Revenue Fund to the Large~~

5 ~~Business Attraction Fund.~~

6 (kk) (Blank). ~~In addition to any other transfers that may~~

7 ~~be provided for by law, on January 1, 2023, or as soon~~

8 ~~thereafter as practical, the State Comptroller shall direct~~

9 ~~and the State Treasurer shall transfer the sum of $72,000,000~~

10 ~~from the General Revenue Fund to the Disaster Response and~~

11 ~~Recovery Fund.~~

12 (ll) (Blank). ~~In addition to any other transfers that may~~

13 ~~be provided for by law, on the effective date of the changes~~

14 ~~made to this Section by this amendatory Act of the 103rd~~

15 ~~General Assembly, or as soon thereafter as practical, but no~~

16 ~~later than June 30, 2023, the State Comptroller shall direct~~

17 ~~and the State Treasurer shall transfer the sum of $200,000,000~~

18 ~~from the General Revenue Fund to the Pension Stabilization~~

19 ~~Fund.~~

20 (mm) In addition to any other transfers that may be

21 provided for by law, beginning on the effective date of the

22 changes made to this Section by this amendatory Act of the

23 103rd General Assembly and until June 30, 2024, as directed by

24 the Governor, the State Comptroller shall direct and the State

25 Treasurer shall transfer up to a total of $1,500,000,000 from

26 the General Revenue Fund to the State Coronavirus Urgent

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1 Remediation Emergency Fund.

2 (nn) In addition to any other transfers that may be

3 provided for by law, beginning on the effective date of the

4 changes made to this Section by this amendatory Act of the

5 103rd General Assembly and until June 30, 2024, as directed by

6 the Governor, the State Comptroller shall direct and the State

7 Treasurer shall transfer up to a total of $424,000,000 from

8 the General Revenue Fund to the Build Illinois Bond Fund.

9 (oo) In addition to any other transfers that may be

10 provided for by law, on July 1, 2023, or as soon thereafter as

11 practical, the State Comptroller shall direct and the State

12 Treasurer shall transfer the sum of $500,000 from the General

13 Revenue Fund to the Governor's Administrative Fund.

14 (pp) In addition to any other transfers that may be

15 provided for by law, on July 1, 2023, or as soon thereafter as

16 practical, the State Comptroller shall direct and the State

17 Treasurer shall transfer the sum of $500,000 from the General

18 Revenue Fund to the Grant Accountability and Transparency

19 Fund.

20 (qq) In addition to any other transfers that may be

21 provided for by law, beginning on the effective date of the

22 changes made to this Section by this amendatory Act of the

23 103rd General Assembly and until June 30, 2024, as directed by

24 the Governor, the State Comptroller shall direct and the State

25 Treasurer shall transfer up to a total of $350,000,000 from

26 the General Revenue Fund to the Fund for Illinois' Future.

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1 (rr) In addition to any other transfers that may be

2 provided for by law, on July 1, 2024, or as soon thereafter as

3 practical, the State Comptroller shall direct and the State

4 Treasurer shall transfer the sum of $500,000 from the General

5 Revenue Fund to the Governor's Administrative Fund.

6 (ss) In addition to any other transfers that may be

7 provided for by law, on July 1, 2024, or as soon thereafter as

8 practical, the State Comptroller shall direct and the State

9 Treasurer shall transfer the sum of $500,000 from the General

10 Revenue Fund to the Grant Accountability and Transparency

11 Fund.

12 (tt) In addition to any other transfers that may be

13 provided for by law, on July 1, 2024, or as soon thereafter as

14 practical, the State Comptroller shall direct and the State

15 Treasurer shall transfer the sum of $25,000,000 from the

16 Violent Crime Witness Protection Program Fund to the General

17 Revenue Fund.

18 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;

19 102-700, Article 40, Section 40-5, eff. 4-19-22; 102-700,

20 Article 80, Section 80-5, eff. 4-19-22; 102-1115, eff. 1-9-23;

21 103-8, eff. 6-7-23.)

22 (30 ILCS 105/12-2) (from Ch. 127, par. 148-2)

23 Sec. 12-2. Travel Regulation Council; State travel

24 reimbursement.

25 (a) The chairmen of the travel control boards established

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1 by Section 12-1, or their designees, shall together comprise

2 the Travel Regulation Council. The Travel Regulation Council

3 shall be chaired by the Director of Central Management

4 Services, who shall be a nonvoting member of the Council,

5 unless he is otherwise qualified to vote by virtue of being the

6 designee of a voting member. No later than March 1, 1986, and

7 at least biennially thereafter, the Council shall adopt State

8 Travel Regulations and Reimbursement Rates which shall be

9 applicable to all personnel subject to the jurisdiction of the

10 travel control boards established by Section 12-1. An

11 affirmative vote of a majority of the members of the Council

12 shall be required to adopt regulations and reimbursement

13 rates. If the Council fails to adopt regulations by March 1 of

14 any odd-numbered year, the Director of Central Management

15 Services shall adopt emergency regulations and reimbursement

16 rates pursuant to the Illinois Administrative Procedure Act.

17 As soon as practicable after January 23, 2023 (the effective

18 date of Public Act 102-1119) ~~this amendatory Act of the 102nd~~

19 ~~General Assembly~~, the Travel Regulation Council and the Higher

20 Education Travel Control Board shall adopt amendments to their

21 existing rules to ensure that reimbursement rates for public

22 institutions of higher education, as defined in Section 1-13

23 of the Illinois Procurement Code, are set in accordance with

24 the requirements of subsection (f) of this Section.

25 (b) (Blank).

26 (c) (Blank).

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1 (d) Reimbursements to travelers shall be made pursuant to

2 the rates and regulations applicable to the respective State

3 agency as of January 1, 1986 (the effective date of Public Act

4 84-345) ~~this amendatory Act~~, until the State Travel

5 Regulations and Reimbursement Rates established by this

6 Section are adopted and effective.

7 (e) (Blank).

8 (f) ~~(f)~~ Notwithstanding any rule or law to the contrary,

9 State travel reimbursement rates for lodging and mileage for

10 automobile travel, as well as allowances for meals, shall be

11 set at the maximum rates established by the federal government

12 for travel expenses, subsistence expenses, and mileage

13 allowances under 5 U.S.C. 5701 through 5711 and any

14 regulations promulgated thereunder. If the rates set under

15 federal regulations increase or decrease during the course of

16 the State's fiscal year, the effective date of the new rate

17 shall be the effective date of the change in the federal rate.

18 (g) Notwithstanding any other provision of this Section,

19 the Council may provide, by rule, for alternative methods of

20 determining the appropriate reimbursement rate for a

21 traveler's subsistence expenses based upon the length of

22 travel, as well as the embarkation point and destination.

23 (Source: P.A. 102-1119, eff. 1-23-23; 103-8, eff. 1-1-24;

24 revised 1-2-24.)

25 (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)

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1 Sec. 13.2. Transfers among line item appropriations.

2 (a) Transfers among line item appropriations from the same

3 treasury fund for the objects specified in this Section may be

4 made in the manner provided in this Section when the balance

5 remaining in one or more such line item appropriations is

6 insufficient for the purpose for which the appropriation was

7 made.

8 (a-1) No transfers may be made from one agency to another

9 agency, nor may transfers be made from one institution of

10 higher education to another institution of higher education

11 except as provided by subsection (a-4).

12 (a-2) Except as otherwise provided in this Section,

13 transfers may be made only among the objects of expenditure

14 enumerated in this Section, except that no funds may be

15 transferred from any appropriation for personal services, from

16 any appropriation for State contributions to the State

17 Employees' Retirement System, from any separate appropriation

18 for employee retirement contributions paid by the employer,

19 nor from any appropriation for State contribution for employee

20 group insurance.

21 (a-2.5) (Blank).

22 (a-3) Further, if an agency receives a separate

23 appropriation for employee retirement contributions paid by

24 the employer, any transfer by that agency into an

25 appropriation for personal services must be accompanied by a

26 corresponding transfer into the appropriation for employee

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1 retirement contributions paid by the employer, in an amount

2 sufficient to meet the employer share of the employee

3 contributions required to be remitted to the retirement

4 system.

5 (a-4) Long-Term Care Rebalancing. The Governor may

6 designate amounts set aside for institutional services

7 appropriated from the General Revenue Fund or any other State

8 fund that receives monies for long-term care services to be

9 transferred to all State agencies responsible for the

10 administration of community-based long-term care programs,

11 including, but not limited to, community-based long-term care

12 programs administered by the Department of Healthcare and

13 Family Services, the Department of Human Services, and the

14 Department on Aging, provided that the Director of Healthcare

15 and Family Services first certifies that the amounts being

16 transferred are necessary for the purpose of assisting persons

17 in or at risk of being in institutional care to transition to

18 community-based settings, including the financial data needed

19 to prove the need for the transfer of funds. The total amounts

20 transferred shall not exceed 4% in total of the amounts

21 appropriated from the General Revenue Fund or any other State

22 fund that receives monies for long-term care services for each

23 fiscal year. A notice of the fund transfer must be made to the

24 General Assembly and posted at a minimum on the Department of

25 Healthcare and Family Services website, the Governor's Office

26 of Management and Budget website, and any other website the

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1 Governor sees fit. These postings shall serve as notice to the

2 General Assembly of the amounts to be transferred. Notice

3 shall be given at least 30 days prior to transfer.

4 (b) In addition to the general transfer authority provided

5 under subsection (c), the following agencies have the specific

6 transfer authority granted in this subsection:

7 The Department of Healthcare and Family Services is

8 authorized to make transfers representing savings attributable

9 to not increasing grants due to the births of additional

10 children from line items for payments of cash grants to line

11 items for payments for employment and social services for the

12 purposes outlined in subsection (f) of Section 4-2 of the

13 Illinois Public Aid Code.

14 The Department of Children and Family Services is

15 authorized to make transfers not exceeding 2% of the aggregate

16 amount appropriated to it within the same treasury fund for

17 the following line items among these same line items: Foster

18 Home and Specialized Foster Care and Prevention, Institutions

19 and Group Homes and Prevention, and Purchase of Adoption and

20 Guardianship Services.

21 The Department on Aging is authorized to make transfers

22 not exceeding 10% of the aggregate amount appropriated to it

23 within the same treasury fund for the following Community Care

24 Program line items among these same line items: purchase of

25 services covered by the Community Care Program and

26 Comprehensive Case Coordination.

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1 The State Board of Education is authorized to make

2 transfers from line item appropriations within the same

3 treasury fund for General State Aid, General State Aid - Hold

4 Harmless, and Evidence-Based Funding, provided that no such

5 transfer may be made unless the amount transferred is no

6 longer required for the purpose for which that appropriation

7 was made, to the line item appropriation for Transitional

8 Assistance when the balance remaining in such line item

9 appropriation is insufficient for the purpose for which the

10 appropriation was made.

11 The State Board of Education is authorized to make

12 transfers between the following line item appropriations

13 within the same treasury fund: Disabled Student

14 Services/Materials (Section 14-13.01 of the School Code),

15 Disabled Student Transportation Reimbursement (Section

16 14-13.01 of the School Code), Disabled Student Tuition -

17 Private Tuition (Section 14-7.02 of the School Code),

18 Extraordinary Special Education (Section 14-7.02b of the

19 School Code), Reimbursement for Free Lunch/Breakfast Program,

20 Summer School Payments (Section 18-4.3 of the School Code),

21 and Transportation - Regular/Vocational Reimbursement (Section

22 29-5 of the School Code). Such transfers shall be made only

23 when the balance remaining in one or more such line item

24 appropriations is insufficient for the purpose for which the

25 appropriation was made and provided that no such transfer may

26 be made unless the amount transferred is no longer required

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1 for the purpose for which that appropriation was made.

2 The Department of Healthcare and Family Services is

3 authorized to make transfers not exceeding 4% of the aggregate

4 amount appropriated to it, within the same treasury fund,

5 among the various line items appropriated for Medical

6 Assistance.

7 The Department of Central Management Services is

8 authorized to make transfers not exceeding 2% of the aggregate

9 amount appropriated to it, within the same treasury fund, from

10 the various line items appropriated to the Department, into

11 the following line item appropriations: auto liability claims

12 and related expenses and payment of claims under the State

13 Employee Indemnification Act.

14 (c) The sum of such transfers for an agency in a fiscal

15 year shall not exceed 2% of the aggregate amount appropriated

16 to it within the same treasury fund for the following objects:

17 Personal Services; Extra Help; Student and Inmate

18 Compensation; State Contributions to Retirement Systems; State

19 Contributions to Social Security; State Contribution for

20 Employee Group Insurance; Contractual Services; Travel;

21 Commodities; Printing; Equipment; Electronic Data Processing;

22 Operation of Automotive Equipment; Telecommunications

23 Services; Travel and Allowance for Committed, Paroled and

24 Discharged Prisoners; Library Books; Federal Matching Grants

25 for Student Loans; Refunds; Workers' Compensation,

26 Occupational Disease, and Tort Claims; Late Interest Penalties

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1 under the State Prompt Payment Act and Sections 368a and 370a

2 of the Illinois Insurance Code; and, in appropriations to

3 institutions of higher education, Awards and Grants.

4 Notwithstanding the above, any amounts appropriated for

5 payment of workers' compensation claims to an agency to which

6 the authority to evaluate, administer and pay such claims has

7 been delegated by the Department of Central Management

8 Services may be transferred to any other expenditure object

9 where such amounts exceed the amount necessary for the payment

10 of such claims.

11 (c-1) (Blank).

12 (c-2) (Blank).

13 (c-3) (Blank).

14 (c-4) (Blank).

15 (c-5) (Blank).

16 (c-6) (Blank).

17 (c-7) (Blank).

18 (c-8) (Blank).

19 (c-9) (Blank). ~~Special provisions for State fiscal year~~

20 ~~2023. Notwithstanding any other provision of this Section, for~~

21 ~~State fiscal year 2023, transfers among line item~~

22 ~~appropriations to a State agency from the same State treasury~~

23 ~~fund may be made for operational or lump sum expenses only,~~

24 ~~provided that the sum of such transfers for a State agency in~~

25 ~~State fiscal year 2023 shall not exceed 4% of the aggregate~~

26 ~~amount appropriated to that State agency for operational or~~

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1 ~~lump sum expenses for State fiscal year 2023. For the purpose~~

2 ~~of this subsection, "operational or lump sum expenses"~~

3 ~~includes the following objects: personal services; extra help;~~

4 ~~student and inmate compensation; State contributions to~~

5 ~~retirement systems; State contributions to social security;~~

6 ~~State contributions for employee group insurance; contractual~~

7 ~~services; travel; commodities; printing; equipment; electronic~~

8 ~~data processing; operation of automotive equipment;~~

9 ~~telecommunications services; travel and allowance for~~

10 ~~committed, paroled, and discharged prisoners; library books;~~

11 ~~federal matching grants for student loans; refunds; workers'~~

12 ~~compensation, occupational disease, and tort claims; late~~

13 ~~interest penalties under the State Prompt Payment Act and~~

14 ~~Sections 368a and 370a of the Illinois Insurance Code; lump~~

15 ~~sum and other purposes; and lump sum operations. For the~~

16 ~~purpose of this subsection, "State agency" does not include~~

17 ~~the Attorney General, the Secretary of State, the Comptroller,~~

18 ~~the Treasurer, or the judicial or legislative branches.~~

19 (c-10) Special provisions for State fiscal year 2024.

20 Notwithstanding any other provision of this Section, for State

21 fiscal year 2024, transfers among line item appropriations to

22 a State agency from the same State treasury fund may be made

23 for operational or lump sum expenses only, provided that the

24 sum of such transfers for a State agency in State fiscal year

25 2024 shall not exceed 8% of the aggregate amount appropriated

26 to that State agency for operational or lump sum expenses for

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1 State fiscal year 2024. For the purpose of this subsection,

2 "operational or lump sum expenses" includes the following

3 objects: personal services; extra help; student and inmate

4 compensation; State contributions to retirement systems; State

5 contributions to social security; State contributions for

6 employee group insurance; contractual services; travel;

7 commodities; printing; equipment; electronic data processing;

8 operation of automotive equipment; telecommunications

9 services; travel and allowance for committed, paroled, and

10 discharged prisoners; library books; federal matching grants

11 for student loans; refunds; workers' compensation,

12 occupational disease, and tort claims; late interest penalties

13 under the State Prompt Payment Act and Sections 368a and 370a

14 of the Illinois Insurance Code; lump sum and other purposes;

15 and lump sum operations. For the purpose of this subsection,

16 "State agency" does not include the Attorney General, ~~the~~

17 ~~Secretary of State,~~ the Comptroller, the Treasurer, or the

18 judicial or legislative branches.

19 (c-11) Special provisions for State fiscal year 2025.

20 Notwithstanding any other provision of this Section, for State

21 fiscal year 2025, transfers among line item appropriations to

22 a State agency from the same State treasury fund may be made

23 for operational or lump sum expenses only, provided that the

24 sum of such transfers for a State agency in State fiscal year

25 2025 shall not exceed 4% of the aggregate amount appropriated

26 to that State agency for operational or lump sum expenses for

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1 State fiscal year 2025. For the purpose of this subsection,

2 "operational or lump sum expenses" includes the following

3 objects: personal services; extra help; student and inmate

4 compensation; State contributions to retirement systems; State

5 contributions to social security; State contributions for

6 employee group insurance; contractual services; travel;

7 commodities; printing; equipment; electronic data processing;

8 operation of automotive equipment; telecommunications

9 services; travel and allowance for committed, paroled, and

10 discharged prisoners; library books; federal matching grants

11 for student loans; refunds; workers' compensation,

12 occupational disease, and tort claims; late interest penalties

13 under the State Prompt Payment Act and Sections 368a and 370a

14 of the Illinois Insurance Code; lump sum and other purposes;

15 and lump sum operations. For the purpose of this subsection,

16 "State agency" does not include the Attorney General, the

17 Comptroller, the Treasurer, or the judicial or legislative

18 branches.

19 (d) Transfers among appropriations made to agencies of the

20 Legislative and Judicial departments and to the

21 constitutionally elected officers in the Executive branch

22 require the approval of the officer authorized in Section 10

23 of this Act to approve and certify vouchers. Transfers among

24 appropriations made to the University of Illinois, Southern

25 Illinois University, Chicago State University, Eastern

26 Illinois University, Governors State University, Illinois

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1 State University, Northeastern Illinois University, Northern

2 Illinois University, Western Illinois University, the Illinois

3 Mathematics and Science Academy and the Board of Higher

4 Education require the approval of the Board of Higher

5 Education and the Governor. Transfers among appropriations to

6 all other agencies require the approval of the Governor.

7 The officer responsible for approval shall certify that

8 the transfer is necessary to carry out the programs and

9 purposes for which the appropriations were made by the General

10 Assembly and shall transmit to the State Comptroller a

11 certified copy of the approval which shall set forth the

12 specific amounts transferred so that the Comptroller may

13 change his records accordingly. The Comptroller shall furnish

14 the Governor with information copies of all transfers approved

15 for agencies of the Legislative and Judicial departments and

16 transfers approved by the constitutionally elected officials

17 of the Executive branch other than the Governor, showing the

18 amounts transferred and indicating the dates such changes were

19 entered on the Comptroller's records.

20 (e) The State Board of Education, in consultation with the

21 State Comptroller, may transfer line item appropriations for

22 General State Aid or Evidence-Based Funding among the Common

23 School Fund and the Education Assistance Fund, and, for State

24 fiscal year 2020 and each fiscal year thereafter, the Fund for

25 the Advancement of Education. With the advice and consent of

26 the Governor's Office of Management and Budget, the State

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1 Board of Education, in consultation with the State

2 Comptroller, may transfer line item appropriations between the

3 General Revenue Fund and the Education Assistance Fund for the

4 following programs:

5 (1) Disabled Student Personnel Reimbursement (Section

6 14-13.01 of the School Code);

7 (2) Disabled Student Transportation Reimbursement

8 (subsection (b) of Section 14-13.01 of the School Code);

9 (3) Disabled Student Tuition - Private Tuition

10 (Section 14-7.02 of the School Code);

11 (4) Extraordinary Special Education (Section 14-7.02b

12 of the School Code);

13 (5) Reimbursement for Free Lunch/Breakfast Programs;

14 (6) Summer School Payments (Section 18-4.3 of the

15 School Code);

16 (7) Transportation - Regular/Vocational Reimbursement

17 (Section 29-5 of the School Code);

18 (8) Regular Education Reimbursement (Section 18-3 of

19 the School Code); and

20 (9) Special Education Reimbursement (Section 14-7.03

21 of the School Code).

22 (f) For State fiscal year 2020 and each fiscal year

23 thereafter, the Department on Aging, in consultation with the

24 State Comptroller, with the advice and consent of the

25 Governor's Office of Management and Budget, may transfer line

26 item appropriations for purchase of services covered by the

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1 Community Care Program between the General Revenue Fund and

2 the Commitment to Human Services Fund.

3 (g) For State fiscal year 2024 and each fiscal year

4 thereafter, if requested by an agency chief executive officer

5 and authorized and approved by the Comptroller, the

6 Comptroller may direct and the Treasurer shall transfer funds

7 from the General Revenue Fund to fund payroll expenses that

8 meet the payroll transaction exception criteria as defined by

9 the Comptroller in the Statewide Accounting Management System

10 (SAMS) Manual. The agency shall then transfer these funds back

11 to the General Revenue Fund within 7 days.

12 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;

13 103-8, eff. 6-7-23.)

14 Section 5-35. The State Revenue Sharing Act is amended by

15 changing Section 12 as follows:

16 (30 ILCS 115/12) (from Ch. 85, par. 616)

17 Sec. 12. Personal Property Tax Replacement Fund. There is

18 hereby created the Personal Property Tax Replacement Fund, a

19 special fund in the State Treasury into which shall be paid all

20 revenue realized:

21 (a) all amounts realized from the additional personal

22 property tax replacement income tax imposed by subsections

23 (c) and (d) of Section 201 of the Illinois Income Tax Act,

24 except for those amounts deposited into the Income Tax

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1 Refund Fund pursuant to subsection (c) of Section 901 of

2 the Illinois Income Tax Act; and

3 (b) all amounts realized from the additional personal

4 property replacement invested capital taxes imposed by

5 Section 2a.1 of the Messages Tax Act, Section 2a.1 of the

6 Gas Revenue Tax Act, Section 2a.1 of the Public Utilities

7 Revenue Act, and Section 3 of the Water Company Invested

8 Capital Tax Act, and amounts payable to the Department of

9 Revenue under the Telecommunications Infrastructure

10 Maintenance Fee Act.

11 As soon as may be after the end of each month, the

12 Department of Revenue shall certify to the Treasurer and the

13 Comptroller the amount of all refunds paid out of the General

14 Revenue Fund through the preceding month on account of

15 overpayment of liability on taxes paid into the Personal

16 Property Tax Replacement Fund. Upon receipt of such

17 certification, the Treasurer and the Comptroller shall

18 transfer the amount so certified from the Personal Property

19 Tax Replacement Fund into the General Revenue Fund.

20 The payments of revenue into the Personal Property Tax

21 Replacement Fund shall be used exclusively for distribution to

22 taxing districts, regional offices and officials, and local

23 officials as provided in this Section and in the School Code,

24 payment of the ordinary and contingent expenses of the

25 Property Tax Appeal Board, payment of the expenses of the

26 Department of Revenue incurred in administering the collection

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1 and distribution of monies paid into the Personal Property Tax

2 Replacement Fund and transfers due to refunds to taxpayers for

3 overpayment of liability for taxes paid into the Personal

4 Property Tax Replacement Fund.

5 In addition, moneys in the Personal Property Tax

6 Replacement Fund may be used to pay any of the following: (i)

7 salary, stipends, and additional compensation as provided by

8 law for chief election clerks, county clerks, and county

9 recorders; (ii) costs associated with regional offices of

10 education and educational service centers; (iii)

11 reimbursements payable by the State Board of Elections under

12 Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the

13 Election Code; (iv) expenses of the Illinois Educational Labor

14 Relations Board; and (v) salary, personal services, and

15 additional compensation as provided by law for court reporters

16 under the Court Reporters Act.

17 As soon as may be after June 26, 1980 (the effective date

18 of Public Act 81-1255), the Department of Revenue shall

19 certify to the Treasurer the amount of net replacement revenue

20 paid into the General Revenue Fund prior to that effective

21 date from the additional tax imposed by Section 2a.1 of the

22 Messages Tax Act; Section 2a.1 of the Gas Revenue Tax Act;

23 Section 2a.1 of the Public Utilities Revenue Act; Section 3 of

24 the Water Company Invested Capital Tax Act; amounts collected

25 by the Department of Revenue under the Telecommunications

26 Infrastructure Maintenance Fee Act; and the additional

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LRB103 36303 JDS 74258 a

1 personal property tax replacement income tax imposed by the

2 Illinois Income Tax Act, as amended by Public Act 81-1st

3 Special Session-1. Net replacement revenue shall be defined as

4 the total amount paid into and remaining in the General

5 Revenue Fund as a result of those Acts minus the amount

6 outstanding and obligated from the General Revenue Fund in

7 state vouchers or warrants prior to June 26, 1980 (the

8 effective date of Public Act 81-1255) as refunds to taxpayers

9 for overpayment of liability under those Acts.

10 All interest earned by monies accumulated in the Personal

11 Property Tax Replacement Fund shall be deposited in such Fund.

12 All amounts allocated pursuant to this Section are

13 appropriated on a continuing basis.

14 Prior to December 31, 1980, as soon as may be after the end

15 of each quarter beginning with the quarter ending December 31,

16 1979, and on and after December 31, 1980, as soon as may be

17 after January 1, March 1, April 1, May 1, July 1, August 1,

18 October 1 and December 1 of each year, the Department of

19 Revenue shall allocate to each taxing district as defined in

20 Section 1-150 of the Property Tax Code, in accordance with the

21 provisions of paragraph (2) of this Section the portion of the

22 funds held in the Personal Property Tax Replacement Fund which

23 is required to be distributed, as provided in paragraph (1),

24 for each quarter. Provided, however, under no circumstances

25 shall any taxing district during each of the first two years of

26 distribution of the taxes imposed by Public Act 81-1st Special

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1 Session-1 be entitled to an annual allocation which is less

2 than the funds such taxing district collected from the 1978

3 personal property tax. Provided further that under no

4 circumstances shall any taxing district during the third year

5 of distribution of the taxes imposed by Public Act 81-1st

6 Special Session-1 receive less than 60% of the funds such

7 taxing district collected from the 1978 personal property tax.

8 In the event that the total of the allocations made as above

9 provided for all taxing districts, during either of such 3

10 years, exceeds the amount available for distribution the

11 allocation of each taxing district shall be proportionately

12 reduced. Except as provided in Section 13 of this Act, the

13 Department shall then certify, pursuant to appropriation, such

14 allocations to the State Comptroller who shall pay over to the

15 several taxing districts the respective amounts allocated to

16 them.

17 Any township which receives an allocation based in whole

18 or in part upon personal property taxes which it levied

19 pursuant to Section 6-507 or 6-512 of the Illinois Highway

20 Code and which was previously required to be paid over to a

21 municipality shall immediately pay over to that municipality a

22 proportionate share of the personal property replacement funds

23 which such township receives.

24 Any municipality or township, other than a municipality

25 with a population in excess of 500,000, which receives an

26 allocation based in whole or in part on personal property

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LRB103 36303 JDS 74258 a

1 taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6 of

2 the Illinois Local Library Act and which was previously

3 required to be paid over to a public library shall immediately

4 pay over to that library a proportionate share of the personal

5 property tax replacement funds which such municipality or

6 township receives; provided that if such a public library has

7 converted to a library organized under the Illinois Public

8 Library District Act, regardless of whether such conversion

9 has occurred on, after or before January 1, 1988, such

10 proportionate share shall be immediately paid over to the

11 library district which maintains and operates the library.

12 However, any library that has converted prior to January 1,

13 1988, and which hitherto has not received the personal

14 property tax replacement funds, shall receive such funds

15 commencing on January 1, 1988.

16 Any township which receives an allocation based in whole

17 or in part on personal property taxes which it levied pursuant

18 to Section 1c of the Public Graveyards Act and which taxes were

19 previously required to be paid over to or used for such public

20 cemetery or cemeteries shall immediately pay over to or use

21 for such public cemetery or cemeteries a proportionate share

22 of the personal property tax replacement funds which the

23 township receives.

24 Any taxing district which receives an allocation based in

25 whole or in part upon personal property taxes which it levied

26 for another governmental body or school district in Cook

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LRB103 36303 JDS 74258 a

1 County in 1976 or for another governmental body or school

2 district in the remainder of the State in 1977 shall

3 immediately pay over to that governmental body or school

4 district the amount of personal property replacement funds

5 which such governmental body or school district would receive

6 directly under the provisions of paragraph (2) of this

7 Section, had it levied its own taxes.

8 (1) The portion of the Personal Property Tax

9 Replacement Fund required to be distributed as of the time

10 allocation is required to be made shall be the amount

11 available in such Fund as of the time allocation is

12 required to be made.

13 The amount available for distribution shall be the

14 total amount in the fund at such time minus the necessary

15 administrative and other authorized expenses as limited by

16 the appropriation and the amount determined by: (a) $2.8

17 million for fiscal year 1981; (b) for fiscal year 1982,

18 .54% of the funds distributed from the fund during the

19 preceding fiscal year; (c) for fiscal year 1983 through

20 fiscal year 1988, .54% of the funds distributed from the

21 fund during the preceding fiscal year less .02% of such

22 fund for fiscal year 1983 and less .02% of such funds for

23 each fiscal year thereafter; (d) for fiscal year 1989

24 through fiscal year 2011 no more than 105% of the actual

25 administrative expenses of the prior fiscal year; (e) for

26 fiscal year 2012 and beyond, a sufficient amount to pay

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LRB103 36303 JDS 74258 a

1 (i) stipends, additional compensation, salary

2 reimbursements, and other amounts directed to be paid out

3 of this Fund for local officials as authorized or required

4 by statute and (ii) the ordinary and contingent expenses

5 of the Property Tax Appeal Board and the expenses of the

6 Department of Revenue incurred in administering the

7 collection and distribution of moneys paid into the Fund;

8 (f) for fiscal years 2012 and 2013 only, a sufficient

9 amount to pay stipends, additional compensation, salary

10 reimbursements, and other amounts directed to be paid out

11 of this Fund for regional offices and officials as

12 authorized or required by statute; or (g) for fiscal years

13 2018 through 2025 ~~2024~~ only, a sufficient amount to pay

14 amounts directed to be paid out of this Fund for public

15 community college base operating grants and local health

16 protection grants to certified local health departments as

17 authorized or required by appropriation or statute. Such

18 portion of the fund shall be determined after the transfer

19 into the General Revenue Fund due to refunds, if any, paid

20 from the General Revenue Fund during the preceding

21 quarter. If at any time, for any reason, there is

22 insufficient amount in the Personal Property Tax

23 Replacement Fund for payments for regional offices and

24 officials or local officials or payment of costs of

25 administration or for transfers due to refunds at the end

26 of any particular month, the amount of such insufficiency

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LRB103 36303 JDS 74258 a

1 shall be carried over for the purposes of payments for

2 regional offices and officials, local officials, transfers

3 into the General Revenue Fund, and costs of administration

4 to the following month or months. Net replacement revenue

5 held, and defined above, shall be transferred by the

6 Treasurer and Comptroller to the Personal Property Tax

7 Replacement Fund within 10 days of such certification.

8 (2) Each quarterly allocation shall first be

9 apportioned in the following manner: 51.65% for taxing

10 districts in Cook County and 48.35% for taxing districts

11 in the remainder of the State.

12 The Personal Property Replacement Ratio of each taxing

13 district outside Cook County shall be the ratio which the Tax

14 Base of that taxing district bears to the Downstate Tax Base.

15 The Tax Base of each taxing district outside of Cook County is

16 the personal property tax collections for that taxing district

17 for the 1977 tax year. The Downstate Tax Base is the personal

18 property tax collections for all taxing districts in the State

19 outside of Cook County for the 1977 tax year. The Department of

20 Revenue shall have authority to review for accuracy and

21 completeness the personal property tax collections for each

22 taxing district outside Cook County for the 1977 tax year.

23 The Personal Property Replacement Ratio of each Cook

24 County taxing district shall be the ratio which the Tax Base of

25 that taxing district bears to the Cook County Tax Base. The Tax

26 Base of each Cook County taxing district is the personal

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LRB103 36303 JDS 74258 a

1 property tax collections for that taxing district for the 1976

2 tax year. The Cook County Tax Base is the personal property tax

3 collections for all taxing districts in Cook County for the

4 1976 tax year. The Department of Revenue shall have authority

5 to review for accuracy and completeness the personal property

6 tax collections for each taxing district within Cook County

7 for the 1976 tax year.

8 For all purposes of this Section 12, amounts paid to a

9 taxing district for such tax years as may be applicable by a

10 foreign corporation under the provisions of Section 7-202 of

11 the Public Utilities Act, as amended, shall be deemed to be

12 personal property taxes collected by such taxing district for

13 such tax years as may be applicable. The Director shall

14 determine from the Illinois Commerce Commission, for any tax

15 year as may be applicable, the amounts so paid by any such

16 foreign corporation to any and all taxing districts. The

17 Illinois Commerce Commission shall furnish such information to

18 the Director. For all purposes of this Section 12, the

19 Director shall deem such amounts to be collected personal

20 property taxes of each such taxing district for the applicable

21 tax year or years.

22 Taxing districts located both in Cook County and in one or

23 more other counties shall receive both a Cook County

24 allocation and a Downstate allocation determined in the same

25 way as all other taxing districts.

26 If any taxing district in existence on July 1, 1979 ceases

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LRB103 36303 JDS 74258 a

1 to exist, or discontinues its operations, its Tax Base shall

2 thereafter be deemed to be zero. If the powers, duties and

3 obligations of the discontinued taxing district are assumed by

4 another taxing district, the Tax Base of the discontinued

5 taxing district shall be added to the Tax Base of the taxing

6 district assuming such powers, duties and obligations.

7 If two or more taxing districts in existence on July 1,

8 1979, or a successor or successors thereto shall consolidate

9 into one taxing district, the Tax Base of such consolidated

10 taxing district shall be the sum of the Tax Bases of each of

11 the taxing districts which have consolidated.

12 If a single taxing district in existence on July 1, 1979,

13 or a successor or successors thereto shall be divided into two

14 or more separate taxing districts, the tax base of the taxing

15 district so divided shall be allocated to each of the

16 resulting taxing districts in proportion to the then current

17 equalized assessed value of each resulting taxing district.

18 If a portion of the territory of a taxing district is

19 disconnected and annexed to another taxing district of the

20 same type, the Tax Base of the taxing district from which

21 disconnection was made shall be reduced in proportion to the

22 then current equalized assessed value of the disconnected

23 territory as compared with the then current equalized assessed

24 value within the entire territory of the taxing district prior

25 to disconnection, and the amount of such reduction shall be

26 added to the Tax Base of the taxing district to which

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LRB103 36303 JDS 74258 a

1 annexation is made.

2 If a community college district is created after July 1,

3 1979, beginning on January 1, 1996 (the effective date of

4 Public Act 89-327), its Tax Base shall be 3.5% of the sum of

5 the personal property tax collected for the 1977 tax year

6 within the territorial jurisdiction of the district.

7 The amounts allocated and paid to taxing districts

8 pursuant to the provisions of Public Act 81-1st Special

9 Session-1 shall be deemed to be substitute revenues for the

10 revenues derived from taxes imposed on personal property

11 pursuant to the provisions of the "Revenue Act of 1939" or "An

12 Act for the assessment and taxation of private car line

13 companies", approved July 22, 1943, as amended, or Section 414

14 of the Illinois Insurance Code, prior to the abolition of such

15 taxes and shall be used for the same purposes as the revenues

16 derived from ad valorem taxes on real estate.

17 Monies received by any taxing districts from the Personal

18 Property Tax Replacement Fund shall be first applied toward

19 payment of the proportionate amount of debt service which was

20 previously levied and collected from extensions against

21 personal property on bonds outstanding as of December 31, 1978

22 and next applied toward payment of the proportionate share of

23 the pension or retirement obligations of the taxing district

24 which were previously levied and collected from extensions

25 against personal property. For each such outstanding bond

26 issue, the County Clerk shall determine the percentage of the

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LRB103 36303 JDS 74258 a

1 debt service which was collected from extensions against real

2 estate in the taxing district for 1978 taxes payable in 1979,

3 as related to the total amount of such levies and collections

4 from extensions against both real and personal property. For

5 1979 and subsequent years' taxes, the County Clerk shall levy

6 and extend taxes against the real estate of each taxing

7 district which will yield the said percentage or percentages

8 of the debt service on such outstanding bonds. The balance of

9 the amount necessary to fully pay such debt service shall

10 constitute a first and prior lien upon the monies received by

11 each such taxing district through the Personal Property Tax

12 Replacement Fund and shall be first applied or set aside for

13 such purpose. In counties having fewer than 3,000,000

14 inhabitants, the amendments to this paragraph as made by

15 Public Act 81-1255 shall be first applicable to 1980 taxes to

16 be collected in 1981.

17 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;

18 103-8, eff. 6-7-23.)

19 Section 5-40. The Illinois Procurement Code is amended by

20 changing Section 10-20 as follows:

21 (30 ILCS 500/10-20)

22 Sec. 10-20. Independent chief procurement officers.

23 (a) Appointment. Within 60 calendar days after July 1,

24 2010 (the effective date of Public Act 96-795) ~~this amendatory~~

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LRB103 36303 JDS 74258 a

1 ~~Act of the 96th General Assembly~~, the Executive Ethics

2 Commission, with the advice and consent of the Senate shall

3 appoint or approve 4 chief procurement officers, one for each

4 of the following categories:

5 (1) for procurements for construction and

6 construction-related services committed by law to the

7 jurisdiction or responsibility of the Capital Development

8 Board;

9 (2) for procurements for all construction,

10 construction-related services, operation of any facility,

11 and the provision of any service or activity committed by

12 law to the jurisdiction or responsibility of the Illinois

13 Department of Transportation, including the direct or

14 reimbursable expenditure of all federal funds for which

15 the Department of Transportation is responsible or

16 accountable for the use thereof in accordance with federal

17 law, regulation, or procedure, the chief procurement

18 officer recommended for approval under this item appointed

19 by the Secretary of Transportation after consent by the

20 Executive Ethics Commission;

21 (3) for all procurements made by a public institution

22 of higher education; and

23 (4) for all other procurement needs of State agencies.

24 For fiscal years ~~year~~ 2024 and 2025, the Executive Ethics

25 Commission shall set aside from its appropriation those

26 amounts necessary for the use of the 4 chief procurement

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1 officers for the ordinary and contingent expenses of their

2 respective procurement offices. From the amounts set aside by

3 the Commission, each chief procurement officer shall control

4 the internal operations of his or her procurement office and

5 shall procure the necessary equipment, materials, and services

6 to perform the duties of that office, including hiring

7 necessary procurement personnel, legal advisors, and other

8 employees, and may establish, in the exercise of the chief

9 procurement officer's discretion, the compensation of the

10 office's employees, which includes the State purchasing

11 officers and any legal advisors. The Executive Ethics

12 Commission shall have no control over the employees of the

13 chief procurement officers. The Executive Ethics Commission

14 shall provide administrative support services, including

15 payroll, for each procurement office.

16 (b) Terms and independence. Each chief procurement officer

17 appointed under this Section shall serve for a term of 5 years

18 beginning on the date of the officer's appointment. The chief

19 procurement officer may be removed for cause after a hearing

20 by the Executive Ethics Commission. The Governor or the

21 director of a State agency directly responsible to the

22 Governor may institute a complaint against the officer by

23 filing such complaint with the Commission. The Commission

24 shall have a hearing based on the complaint. The officer and

25 the complainant shall receive reasonable notice of the hearing

26 and shall be permitted to present their respective arguments

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1 on the complaint. After the hearing, the Commission shall make

2 a finding on the complaint and may take disciplinary action,

3 including but not limited to removal of the officer.

4 The salary of a chief procurement officer shall be

5 established by the Executive Ethics Commission and may not be

6 diminished during the officer's term. The salary may not

7 exceed the salary of the director of a State agency for which

8 the officer serves as chief procurement officer.

9 (c) Qualifications. In addition to any other requirement

10 or qualification required by State law, each chief procurement

11 officer must within 12 months of employment be a Certified

12 Professional Public Buyer or a Certified Public Purchasing

13 Officer, pursuant to certification by the Universal Public

14 Purchasing Certification Council, and must reside in Illinois.

15 (d) Fiduciary duty. Each chief procurement officer owes a

16 fiduciary duty to the State.

17 (e) Vacancy. In case of a vacancy in one or more of the

18 offices of a chief procurement officer under this Section

19 during the recess of the Senate, the Executive Ethics

20 Commission shall make a temporary appointment until the next

21 meeting of the Senate, when the Executive Ethics Commission

22 shall nominate some person to fill the office, and any person

23 so nominated who is confirmed by the Senate shall hold office

24 during the remainder of the term and until his or her successor

25 is appointed and qualified. If the Senate is not in session at

26 the time Public Act 96-920 ~~this amendatory Act of the 96th~~

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1 ~~General Assembly~~ takes effect, the Executive Ethics Commission

2 shall make a temporary appointment as in the case of a vacancy.

3 (f) (Blank).

4 (g) (Blank).

5 (Source: P.A. 103-8, eff. 6-7-23; revised 9-26-23.)

6 Section 5-43. The State Prompt Payment Act is amended by

7 changing Section 3-6 and by adding Section 3-7 as follows:

8 (30 ILCS 540/3-6)

9 Sec. 3-6. Federal funds; lack of authority. If an agency

10 incurs an interest liability under this Act that cannot be

11 charged to the same expenditure authority account to which the

12 related goods or services were charged due to federal

13 prohibitions, the agency is authorized to pay the interest

14 from its available appropriations from the General Revenue

15 Fund, except that the Department of Transportation is

16 authorized to pay the interest from its available

17 appropriations from the Road Fund, as long as the original

18 goods or services were for purposes consistent with Section 11

19 of Article IX of the Illinois Constitution.

20 (Source: P.A. 100-587, eff. 6-4-18.)

21 (30 ILCS 540/3-7 new)

22 Sec. 3-7. Transportation bond funds. If the Department of

23 Transportation incurs an interest liability under this Act

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1 that would be payable from a transportation bond fund, the

2 Department of Transportation is authorized to pay the interest

3 from its available appropriations from the Road Fund, as long

4 as the original purpose to which the bond funds were applied

5 was consistent with Section 11 of Article IX of the Illinois

6 Constitution. As used in this Section, "transportation bond

7 fund" means any of the following funds in the State treasury:

8 the Transportation Bond, Series A Fund; the Transportation

9 Bond, Series B Fund; the Transportation Bond Series D Fund;

10 and the Multi-modal Transportation Bond Fund.

11 Section 5-45. The Illinois Works Jobs Program Act is

12 amended by changing Section 20-15 as follows:

13 (30 ILCS 559/20-15)

14 Sec. 20-15. Illinois Works Preapprenticeship Program;

15 Illinois Works Bid Credit Program.

16 (a) The Illinois Works Preapprenticeship Program is

17 established and shall be administered by the Department. The

18 goal of the Illinois Works Preapprenticeship Program is to

19 create a network of community-based organizations throughout

20 the State that will recruit, prescreen, and provide

21 preapprenticeship skills training, for which participants may

22 attend free of charge and receive a stipend, to create a

23 qualified, diverse pipeline of workers who are prepared for

24 careers in the construction and building trades. Upon

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1 completion of the Illinois Works Preapprenticeship Program,

2 the candidates will be skilled and work-ready.

3 (b) There is created the Illinois Works Fund, a special

4 fund in the State treasury. The Illinois Works Fund shall be

5 administered by the Department. The Illinois Works Fund shall

6 be used to provide funding for community-based organizations

7 throughout the State. In addition to any other transfers that

8 may be provided for by law, on and after July 1, 2019 at the

9 direction of the Director of the Governor's Office of

10 Management and Budget, the State Comptroller shall direct and

11 the State Treasurer shall transfer amounts not exceeding a

12 total of $50,000,000 from the Rebuild Illinois Projects Fund

13 to the Illinois Works Fund.

14 (b-5) In addition to any other transfers that may be

15 provided for by law, beginning July 1, 2024 and each July 1

16 thereafter, or as soon thereafter as practical, the State

17 Comptroller shall direct and the State Treasurer shall

18 transfer $20,000,000 from the Capital Projects Fund to the

19 Illinois Works Fund.

20 (c) Each community-based organization that receives

21 funding from the Illinois Works Fund shall provide an annual

22 report to the Illinois Works Review Panel by April 1 of each

23 calendar year. The annual report shall include the following

24 information:

25 (1) a description of the community-based

26 organization's recruitment, screening, and training

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1 efforts;

2 (2) the number of individuals who apply to,

3 participate in, and complete the community-based

4 organization's program, broken down by race, gender, age,

5 and veteran status; and

6 (3) the number of the individuals referenced in item (2)

7 of this subsection who are initially accepted and placed

8 into apprenticeship programs in the construction and

9 building trades.

10 (d) The Department shall create and administer the

11 Illinois Works Bid Credit Program that shall provide economic

12 incentives, through bid credits, to encourage contractors and

13 subcontractors to provide contracting and employment

14 opportunities to historically underrepresented populations in

15 the construction industry.

16 The Illinois Works Bid Credit Program shall allow

17 contractors and subcontractors to earn bid credits for use

18 toward future bids for public works projects contracted by the

19 State or an agency of the State in order to increase the

20 chances that the contractor and the subcontractors will be

21 selected.

22 Contractors or subcontractors may be eligible to earn bid

23 credits for employing apprentices who have completed the

24 Illinois Works Preapprenticeship Program. Contractors or

25 subcontractors shall earn bid credits at a rate established by

26 the Department and based on labor hours worked by apprentices

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1 who have completed the Illinois Works Preapprenticeship

2 Program. In order to earn bid credits, contractors and

3 subcontractors shall provide the Department with certified

4 payroll documenting the hours performed by apprentices who

5 have completed the Illinois Works Preapprenticeship Program.

6 Contractors and subcontractors can use bid credits toward

7 future bids for public works projects contracted or funded by

8 the State or an agency of the State in order to increase the

9 likelihood of being selected as the contractor for the public

10 works project toward which they have applied the bid credit.

11 The Department shall establish the rate by rule and shall

12 publish it on the Department's website. The rule may include

13 maximum bid credits allowed per contractor, per subcontractor,

14 per apprentice, per bid, or per year.

15 The Illinois Works Credit Bank is hereby created and shall

16 be administered by the Department. The Illinois Works Credit

17 Bank shall track the bid credits.

18 A contractor or subcontractor who has been awarded bid

19 credits under any other State program for employing

20 apprentices who have completed the Illinois Works

21 Preapprenticeship Program is not eligible to receive bid

22 credits under the Illinois Works Bid Credit Program relating

23 to the same contract.

24 The Department shall report to the Illinois Works Review

25 Panel the following: (i) the number of bid credits awarded by

26 the Department; (ii) the number of bid credits submitted by

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1 the contractor or subcontractor to the agency administering

2 the public works contract; and (iii) the number of bid credits

3 accepted by the agency for such contract. Any agency that

4 awards bid credits pursuant to the Illinois Works Credit Bank

5 Program shall report to the Department the number of bid

6 credits it accepted for the public works contract.

7 Upon a finding that a contractor or subcontractor has

8 reported falsified records to the Department in order to

9 fraudulently obtain bid credits, the Department may bar the

10 contractor or subcontractor from participating in the Illinois

11 Works Bid Credit Program and may suspend the contractor or

12 subcontractor from bidding on or participating in any public

13 works project. False or fraudulent claims for payment relating

14 to false bid credits may be subject to damages and penalties

15 under applicable law.

16 (e) The Department shall adopt any rules deemed necessary

17 to implement this Section. In order to provide for the

18 expeditious and timely implementation of this Act, the

19 Department may adopt emergency rules. The adoption of

20 emergency rules authorized by this subsection is deemed to be

21 necessary for the public interest, safety, and welfare.

22 (Source: P.A. 103-8, eff. 6-7-23; 103-305, eff. 7-28-23;

23 revised 9-6-23.)

24 Section 5-47. The Downstate Public Transportation Act is

25 amended by changing Section 2-3 as follows:

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1 (30 ILCS 740/2-3) (from Ch. 111 2/3, par. 663)

2 Sec. 2-3. (a) As soon as possible after the first day of

3 each month, beginning July 1, 1984, upon certification of the

4 Department of Revenue, the Comptroller shall order

5 transferred, and the Treasurer shall transfer, from the

6 General Revenue Fund to a special fund in the State Treasury

7 which is hereby created, to be known as the Downstate Public

8 Transportation Fund, an amount equal to 2/32 (beginning July

9 1, 2005, 3/32) of the net revenue realized from the Retailers'

10 Occupation Tax Act, the Service Occupation Tax Act, the Use

11 Tax Act, and the Service Use Tax Act from persons incurring

12 municipal or county retailers' or service occupation tax

13 liability for the benefit of any municipality or county

14 located wholly within the boundaries of each participant,

15 other than any Metro-East Transit District participant

16 certified pursuant to subsection (c) of this Section during

17 the preceding month, except that the Department shall pay into

18 the Downstate Public Transportation Fund 2/32 (beginning July

19 1, 2005, 3/32) of 80% of the net revenue realized under the

20 State tax Acts named above within any municipality or county

21 located wholly within the boundaries of each participant,

22 other than any Metro-East participant, for tax periods

23 beginning on or after January 1, 1990. Net revenue realized

24 for a month shall be the revenue collected by the State

25 pursuant to such Acts during the previous month from persons

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1 incurring municipal or county retailers' or service occupation

2 tax liability for the benefit of any municipality or county

3 located wholly within the boundaries of a participant, less

4 the amount paid out during that same month as refunds or credit

5 memoranda to taxpayers for overpayment of liability under such

6 Acts for the benefit of any municipality or county located

7 wholly within the boundaries of a participant.

8 Notwithstanding any provision of law to the contrary,

9 beginning on July 6, 2017 (the effective date of Public Act

10 100-23), those amounts required under this subsection (a) to

11 be transferred by the Treasurer into the Downstate Public

12 Transportation Fund from the General Revenue Fund shall be

13 directly deposited into the Downstate Public Transportation

14 Fund as the revenues are realized from the taxes indicated.

15 (b) As soon as possible after the first day of each month,

16 beginning July 1, 1989, upon certification of the Department

17 of Revenue, the Comptroller shall order transferred, and the

18 Treasurer shall transfer, from the General Revenue Fund to a

19 special fund in the State Treasury which is hereby created, to

20 be known as the Metro-East Public Transportation Fund, an

21 amount equal to 2/32 of the net revenue realized, as above,

22 from within the boundaries of Madison, Monroe, and St. Clair

23 Counties, except that the Department shall pay into the

24 Metro-East Public Transportation Fund 2/32 of 80% of the net

25 revenue realized under the State tax Acts specified in

26 subsection (a) of this Section within the boundaries of

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1 Madison, Monroe and St. Clair Counties for tax periods

2 beginning on or after January 1, 1990. A local match

3 equivalent to an amount which could be raised by a tax levy at

4 the rate of .05% on the assessed value of property within the

5 boundaries of Madison County is required annually to cause a

6 total of 2/32 of the net revenue to be deposited in the

7 Metro-East Public Transportation Fund. Failure to raise the

8 required local match annually shall result in only 1/32 being

9 deposited into the Metro-East Public Transportation Fund after

10 July 1, 1989, or 1/32 of 80% of the net revenue realized for

11 tax periods beginning on or after January 1, 1990.

12 (b-5) As soon as possible after the first day of each

13 month, beginning July 1, 2005, upon certification of the

14 Department of Revenue, the Comptroller shall order

15 transferred, and the Treasurer shall transfer, from the

16 General Revenue Fund to the Downstate Public Transportation

17 Fund, an amount equal to 3/32 of 80% of the net revenue

18 realized from within the boundaries of Monroe and St. Clair

19 Counties under the State Tax Acts specified in subsection (a)

20 of this Section and provided further that, beginning July 1,

21 2005, the provisions of subsection (b) shall no longer apply

22 with respect to such tax receipts from Monroe and St. Clair

23 Counties.

24 Notwithstanding any provision of law to the contrary,

25 beginning on July 6, 2017 (the effective date of Public Act

26 100-23), those amounts required under this subsection (b-5) to

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1 be transferred by the Treasurer into the Downstate Public

2 Transportation Fund from the General Revenue Fund shall be

3 directly deposited into the Downstate Public Transportation

4 Fund as the revenues are realized from the taxes indicated.

5 (b-6) As soon as possible after the first day of each

6 month, beginning July 1, 2008, upon certification by the

7 Department of Revenue, the Comptroller shall order transferred

8 and the Treasurer shall transfer, from the General Revenue

9 Fund to the Downstate Public Transportation Fund, an amount

10 equal to 3/32 of 80% of the net revenue realized from within

11 the boundaries of Madison County under the State Tax Acts

12 specified in subsection (a) of this Section and provided

13 further that, beginning July 1, 2008, the provisions of

14 subsection (b) shall no longer apply with respect to such tax

15 receipts from Madison County.

16 Notwithstanding any provision of law to the contrary,

17 beginning on July 6, 2017 (the effective date of Public Act

18 100-23), those amounts required under this subsection (b-6) to

19 be transferred by the Treasurer into the Downstate Public

20 Transportation Fund from the General Revenue Fund shall be

21 directly deposited into the Downstate Public Transportation

22 Fund as the revenues are realized from the taxes indicated.

23 (b-7) Beginning July 1, 2018, notwithstanding any ~~the~~

24 other provisions of law to the contrary ~~this Section~~, instead

25 of the Comptroller making monthly transfers from the General

26 Revenue Fund to the Downstate Public Transportation Fund, the

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1 Department of Revenue shall deposit the designated fraction of

2 the net revenue realized from collections under the Retailers'

3 Occupation Tax Act, the Service Occupation Tax Act, the Use

4 Tax Act, and the Service Use Tax Act directly into the

5 Downstate Public Transportation Fund, except that, for the

6 State fiscal year beginning July 1, 2024, the first

7 $75,000,000 that would have otherwise been deposited as

8 provided in this subsection shall instead be transferred from

9 the Road Fund to the Downstate Public Transportation Fund by

10 the Treasurer upon certification by the Department of Revenue

11 and order of the Comptroller. The funds authorized and

12 transferred pursuant to this amendatory Act of the 103rd

13 General Assembly are not intended or planned for road

14 construction projects.

15 (c) The Department shall certify to the Department of

16 Revenue the eligible participants under this Article and the

17 territorial boundaries of such participants for the purposes

18 of the Department of Revenue in subsections (a) and (b) of this

19 Section.

20 (d) For the purposes of this Article, beginning in fiscal

21 year 2009 the General Assembly shall appropriate an amount

22 from the Downstate Public Transportation Fund equal to the sum

23 total of funds projected to be paid to the participants

24 pursuant to Section 2-7. If the General Assembly fails to make

25 appropriations sufficient to cover the amounts projected to be

26 paid pursuant to Section 2-7, this Act shall constitute an

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1 irrevocable and continuing appropriation from the Downstate

2 Public Transportation Fund of all amounts necessary for those

3 purposes.

4 (e) (Blank).

5 (f) (Blank).

6 (g) (Blank).

7 (h) For State fiscal year 2020 only, notwithstanding any

8 provision of law to the contrary, the total amount of revenue

9 and deposits under this Section attributable to revenues

10 realized during State fiscal year 2020 shall be reduced by 5%.

11 (i) For State fiscal year 2021 only, notwithstanding any

12 provision of law to the contrary, the total amount of revenue

13 and deposits under this Section attributable to revenues

14 realized during State fiscal year 2021 shall be reduced by 5%.

15 (j) Commencing with State fiscal year 2022 programs, and

16 for each fiscal year thereafter, all appropriations made under

17 the provisions of this Act shall not constitute a grant

18 program subject to the requirements of the Grant

19 Accountability and Transparency Act. The Department shall

20 approve programs of proposed expenditures and services

21 submitted by participants under the requirements of Sections

22 2-5 and 2-11.

23 (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;

24 102-626, eff. 8-27-21.)

25 Section 5-50. The Illinois Income Tax Act is amended by

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1 changing Section 901 as follows:

2 (35 ILCS 5/901)

3 Sec. 901. Collection authority.

4 (a) In general. The Department shall collect the taxes

5 imposed by this Act. The Department shall collect certified

6 past due child support amounts under Section 2505-650 of the

7 Department of Revenue Law of the Civil Administrative Code of

8 Illinois. Except as provided in subsections (b), (c), (e),

9 (f), (g), and (h) of this Section, money collected pursuant to

10 subsections (a) and (b) of Section 201 of this Act shall be

11 paid into the General Revenue Fund in the State treasury;

12 money collected pursuant to subsections (c) and (d) of Section

13 201 of this Act shall be paid into the Personal Property Tax

14 Replacement Fund, a special fund in the State Treasury; and

15 money collected under Section 2505-650 of the Department of

16 Revenue Law of the Civil Administrative Code of Illinois shall

17 be paid into the Child Support Enforcement Trust Fund, a

18 special fund outside the State Treasury, or to the State

19 Disbursement Unit established under Section 10-26 of the

20 Illinois Public Aid Code, as directed by the Department of

21 Healthcare and Family Services.

22 (b) Local Government Distributive Fund. Beginning August

23 1, 2017 and continuing through July 31, 2022, the Treasurer

24 shall transfer each month from the General Revenue Fund to the

25 Local Government Distributive Fund an amount equal to the sum

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1 of: (i) 6.06% (10% of the ratio of the 3% individual income tax

2 rate prior to 2011 to the 4.95% individual income tax rate

3 after July 1, 2017) of the net revenue realized from the tax

4 imposed by subsections (a) and (b) of Section 201 of this Act

5 upon individuals, trusts, and estates during the preceding

6 month; (ii) 6.85% (10% of the ratio of the 4.8% corporate

7 income tax rate prior to 2011 to the 7% corporate income tax

8 rate after July 1, 2017) of the net revenue realized from the

9 tax imposed by subsections (a) and (b) of Section 201 of this

10 Act upon corporations during the preceding month; and (iii)

11 beginning February 1, 2022, 6.06% of the net revenue realized

12 from the tax imposed by subsection (p) of Section 201 of this

13 Act upon electing pass-through entities. Beginning August 1,

14 2022 and continuing through July 31, 2023, the Treasurer shall

15 transfer each month from the General Revenue Fund to the Local

16 Government Distributive Fund an amount equal to the sum of:

17 (i) 6.16% of the net revenue realized from the tax imposed by

18 subsections (a) and (b) of Section 201 of this Act upon

19 individuals, trusts, and estates during the preceding month;

20 (ii) 6.85% of the net revenue realized from the tax imposed by

21 subsections (a) and (b) of Section 201 of this Act upon

22 corporations during the preceding month; and (iii) 6.16% of

23 the net revenue realized from the tax imposed by subsection

24 (p) of Section 201 of this Act upon electing pass-through

25 entities. Beginning August 1, 2023, the Treasurer shall

26 transfer each month from the General Revenue Fund to the Local

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1 Government Distributive Fund an amount equal to the sum of:

2 (i) 6.47% of the net revenue realized from the tax imposed by

3 subsections (a) and (b) of Section 201 of this Act upon

4 individuals, trusts, and estates during the preceding month;

5 (ii) 6.85% of the net revenue realized from the tax imposed by

6 subsections (a) and (b) of Section 201 of this Act upon

7 corporations during the preceding month; and (iii) 6.47% of

8 the net revenue realized from the tax imposed by subsection

9 (p) of Section 201 of this Act upon electing pass-through

10 entities. Net revenue realized for a month shall be defined as

11 the revenue from the tax imposed by subsections (a) and (b) of

12 Section 201 of this Act which is deposited into the General

13 Revenue Fund, the Education Assistance Fund, the Income Tax

14 Surcharge Local Government Distributive Fund, the Fund for the

15 Advancement of Education, and the Commitment to Human Services

16 Fund during the month minus the amount paid out of the General

17 Revenue Fund in State warrants during that same month as

18 refunds to taxpayers for overpayment of liability under the

19 tax imposed by subsections (a) and (b) of Section 201 of this

20 Act.

21 Notwithstanding any provision of law to the contrary,

22 beginning on July 6, 2017 (the effective date of Public Act

23 100-23), those amounts required under this subsection (b) to

24 be transferred by the Treasurer into the Local Government

25 Distributive Fund from the General Revenue Fund shall be

26 directly deposited into the Local Government Distributive Fund

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1 as the revenue is realized from the tax imposed by subsections

2 (a) and (b) of Section 201 of this Act.

3 (c) Deposits Into Income Tax Refund Fund.

4 (1) Beginning on January 1, 1989 and thereafter, the

5 Department shall deposit a percentage of the amounts

6 collected pursuant to subsections (a) and (b)(1), (2), and

7 (3) of Section 201 of this Act into a fund in the State

8 treasury known as the Income Tax Refund Fund. Beginning

9 with State fiscal year 1990 and for each fiscal year

10 thereafter, the percentage deposited into the Income Tax

11 Refund Fund during a fiscal year shall be the Annual

12 Percentage. For fiscal year 2011, the Annual Percentage

13 shall be 8.75%. For fiscal year 2012, the Annual

14 Percentage shall be 8.75%. For fiscal year 2013, the

15 Annual Percentage shall be 9.75%. For fiscal year 2014,

16 the Annual Percentage shall be 9.5%. For fiscal year 2015,

17 the Annual Percentage shall be 10%. For fiscal year 2018,

18 the Annual Percentage shall be 9.8%. For fiscal year 2019,

19 the Annual Percentage shall be 9.7%. For fiscal year 2020,

20 the Annual Percentage shall be 9.5%. For fiscal year 2021,

21 the Annual Percentage shall be 9%. For fiscal year 2022,

22 the Annual Percentage shall be 9.25%. For fiscal year

23 2023, the Annual Percentage shall be 9.25%. For fiscal

24 year 2024, the Annual Percentage shall be 9.15%. For

25 fiscal year 2025, the Annual Percentage shall be 9.15%.

26 For all other fiscal years, the Annual Percentage shall be

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1 calculated as a fraction, the numerator of which shall be

2 the amount of refunds approved for payment by the

3 Department during the preceding fiscal year as a result of

4 overpayment of tax liability under subsections (a) and

5 (b)(1), (2), and (3) of Section 201 of this Act plus the

6 amount of such refunds remaining approved but unpaid at

7 the end of the preceding fiscal year, minus the amounts

8 transferred into the Income Tax Refund Fund from the

9 Tobacco Settlement Recovery Fund, and the denominator of

10 which shall be the amounts which will be collected

11 pursuant to subsections (a) and (b)(1), (2), and (3) of

12 Section 201 of this Act during the preceding fiscal year;

13 except that in State fiscal year 2002, the Annual

14 Percentage shall in no event exceed 7.6%. The Director of

15 Revenue shall certify the Annual Percentage to the

16 Comptroller on the last business day of the fiscal year

17 immediately preceding the fiscal year for which it is to

18 be effective.

19 (2) Beginning on January 1, 1989 and thereafter, the

20 Department shall deposit a percentage of the amounts

21 collected pursuant to subsections (a) and (b)(6), (7), and

22 (8), (c) and (d) of Section 201 of this Act into a fund in

23 the State treasury known as the Income Tax Refund Fund.

24 Beginning with State fiscal year 1990 and for each fiscal

25 year thereafter, the percentage deposited into the Income

26 Tax Refund Fund during a fiscal year shall be the Annual

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1 Percentage. For fiscal year 2011, the Annual Percentage

2 shall be 17.5%. For fiscal year 2012, the Annual

3 Percentage shall be 17.5%. For fiscal year 2013, the

4 Annual Percentage shall be 14%. For fiscal year 2014, the

5 Annual Percentage shall be 13.4%. For fiscal year 2015,

6 the Annual Percentage shall be 14%. For fiscal year 2018,

7 the Annual Percentage shall be 17.5%. For fiscal year

8 2019, the Annual Percentage shall be 15.5%. For fiscal

9 year 2020, the Annual Percentage shall be 14.25%. For

10 fiscal year 2021, the Annual Percentage shall be 14%. For

11 fiscal year 2022, the Annual Percentage shall be 15%. For

12 fiscal year 2023, the Annual Percentage shall be 14.5%.

13 For fiscal year 2024, the Annual Percentage shall be 14%.

14 For fiscal year 2025, the Annual Percentage shall be 14%.

15 For all other fiscal years, the Annual Percentage shall be

16 calculated as a fraction, the numerator of which shall be

17 the amount of refunds approved for payment by the

18 Department during the preceding fiscal year as a result of

19 overpayment of tax liability under subsections (a) and

20 (b)(6), (7), and (8), (c) and (d) of Section 201 of this

21 Act plus the amount of such refunds remaining approved but

22 unpaid at the end of the preceding fiscal year, and the

23 denominator of which shall be the amounts which will be

24 collected pursuant to subsections (a) and (b)(6), (7), and

25 (8), (c) and (d) of Section 201 of this Act during the

26 preceding fiscal year; except that in State fiscal year

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1 2002, the Annual Percentage shall in no event exceed 23%.

2 The Director of Revenue shall certify the Annual

3 Percentage to the Comptroller on the last business day of

4 the fiscal year immediately preceding the fiscal year for

5 which it is to be effective.

6 (3) The Comptroller shall order transferred and the

7 Treasurer shall transfer from the Tobacco Settlement

8 Recovery Fund to the Income Tax Refund Fund (i)

9 $35,000,000 in January, 2001, (ii) $35,000,000 in January,

10 2002, and (iii) $35,000,000 in January, 2003.

11 (d) Expenditures from Income Tax Refund Fund.

12 (1) Beginning January 1, 1989, money in the Income Tax

13 Refund Fund shall be expended exclusively for the purpose

14 of paying refunds resulting from overpayment of tax

15 liability under Section 201 of this Act and for making

16 transfers pursuant to this subsection (d), except that in

17 State fiscal years 2022 and 2023, moneys in the Income Tax

18 Refund Fund shall also be used to pay one-time rebate

19 payments as provided under Sections 208.5 and 212.1.

20 (2) The Director shall order payment of refunds

21 resulting from overpayment of tax liability under Section

22 201 of this Act from the Income Tax Refund Fund only to the

23 extent that amounts collected pursuant to Section 201 of

24 this Act and transfers pursuant to this subsection (d) and

25 item (3) of subsection (c) have been deposited and

26 retained in the Fund.

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1 (3) As soon as possible after the end of each fiscal

2 year, the Director shall order transferred and the State

3 Treasurer and State Comptroller shall transfer from the

4 Income Tax Refund Fund to the Personal Property Tax

5 Replacement Fund an amount, certified by the Director to

6 the Comptroller, equal to the excess of the amount

7 collected pursuant to subsections (c) and (d) of Section

8 201 of this Act deposited into the Income Tax Refund Fund

9 during the fiscal year over the amount of refunds

10 resulting from overpayment of tax liability under

11 subsections (c) and (d) of Section 201 of this Act paid

12 from the Income Tax Refund Fund during the fiscal year.

13 (4) As soon as possible after the end of each fiscal

14 year, the Director shall order transferred and the State

15 Treasurer and State Comptroller shall transfer from the

16 Personal Property Tax Replacement Fund to the Income Tax

17 Refund Fund an amount, certified by the Director to the

18 Comptroller, equal to the excess of the amount of refunds

19 resulting from overpayment of tax liability under

20 subsections (c) and (d) of Section 201 of this Act paid

21 from the Income Tax Refund Fund during the fiscal year

22 over the amount collected pursuant to subsections (c) and

23 (d) of Section 201 of this Act deposited into the Income

24 Tax Refund Fund during the fiscal year.

25 (4.5) As soon as possible after the end of fiscal year

26 1999 and of each fiscal year thereafter, the Director

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1 shall order transferred and the State Treasurer and State

2 Comptroller shall transfer from the Income Tax Refund Fund

3 to the General Revenue Fund any surplus remaining in the

4 Income Tax Refund Fund as of the end of such fiscal year;

5 excluding for fiscal years 2000, 2001, and 2002 amounts

6 attributable to transfers under item (3) of subsection (c)

7 less refunds resulting from the earned income tax credit,

8 and excluding for fiscal year 2022 amounts attributable to

9 transfers from the General Revenue Fund authorized by

10 Public Act 102-700.

11 (5) This Act shall constitute an irrevocable and

12 continuing appropriation from the Income Tax Refund Fund

13 for the purposes of (i) paying refunds upon the order of

14 the Director in accordance with the provisions of this

15 Section and (ii) paying one-time rebate payments under

16 Sections 208.5 and 212.1.

17 (e) Deposits into the Education Assistance Fund and the

18 Income Tax Surcharge Local Government Distributive Fund. On

19 July 1, 1991, and thereafter, of the amounts collected

20 pursuant to subsections (a) and (b) of Section 201 of this Act,

21 minus deposits into the Income Tax Refund Fund, the Department

22 shall deposit 7.3% into the Education Assistance Fund in the

23 State Treasury. Beginning July 1, 1991, and continuing through

24 January 31, 1993, of the amounts collected pursuant to

25 subsections (a) and (b) of Section 201 of the Illinois Income

26 Tax Act, minus deposits into the Income Tax Refund Fund, the

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1 Department shall deposit 3.0% into the Income Tax Surcharge

2 Local Government Distributive Fund in the State Treasury.

3 Beginning February 1, 1993 and continuing through June 30,

4 1993, of the amounts collected pursuant to subsections (a) and

5 (b) of Section 201 of the Illinois Income Tax Act, minus

6 deposits into the Income Tax Refund Fund, the Department shall

7 deposit 4.4% into the Income Tax Surcharge Local Government

8 Distributive Fund in the State Treasury. Beginning July 1,

9 1993, and continuing through June 30, 1994, of the amounts

10 collected under subsections (a) and (b) of Section 201 of this

11 Act, minus deposits into the Income Tax Refund Fund, the

12 Department shall deposit 1.475% into the Income Tax Surcharge

13 Local Government Distributive Fund in the State Treasury.

14 (f) Deposits into the Fund for the Advancement of

15 Education. Beginning February 1, 2015, the Department shall

16 deposit the following portions of the revenue realized from

17 the tax imposed upon individuals, trusts, and estates by

18 subsections (a) and (b) of Section 201 of this Act, minus

19 deposits into the Income Tax Refund Fund, into the Fund for the

20 Advancement of Education:

21 (1) beginning February 1, 2015, and prior to February

22 1, 2025, 1/30; and

23 (2) beginning February 1, 2025, 1/26.

24 If the rate of tax imposed by subsection (a) and (b) of

25 Section 201 is reduced pursuant to Section 201.5 of this Act,

26 the Department shall not make the deposits required by this

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1 subsection (f) on or after the effective date of the

2 reduction.

3 (g) Deposits into the Commitment to Human Services Fund.

4 Beginning February 1, 2015, the Department shall deposit the

5 following portions of the revenue realized from the tax

6 imposed upon individuals, trusts, and estates by subsections

7 (a) and (b) of Section 201 of this Act, minus deposits into the

8 Income Tax Refund Fund, into the Commitment to Human Services

9 Fund:

10 (1) beginning February 1, 2015, and prior to February

11 1, 2025, 1/30; and

12 (2) beginning February 1, 2025, 1/26.

13 If the rate of tax imposed by subsection (a) and (b) of

14 Section 201 is reduced pursuant to Section 201.5 of this Act,

15 the Department shall not make the deposits required by this

16 subsection (g) on or after the effective date of the

17 reduction.

18 (h) Deposits into the Tax Compliance and Administration

19 Fund. Beginning on the first day of the first calendar month to

20 occur on or after August 26, 2014 (the effective date of Public

21 Act 98-1098), each month the Department shall pay into the Tax

22 Compliance and Administration Fund, to be used, subject to

23 appropriation, to fund additional auditors and compliance

24 personnel at the Department, an amount equal to 1/12 of 5% of

25 the cash receipts collected during the preceding fiscal year

26 by the Audit Bureau of the Department from the tax imposed by

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1 subsections (a), (b), (c), and (d) of Section 201 of this Act,

2 net of deposits into the Income Tax Refund Fund made from those

3 cash receipts.

4 (Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21;

5 102-658, eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff.

6 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. 6-7-23; 103-154,

7 eff. 6-30-23.)

8 Section 5-60. The Regional Transportation Authority Act is

9 amended by changing Section 4.09 as follows:

10 (70 ILCS 3615/4.09) (from Ch. 111 2/3, par. 704.09)

11 Sec. 4.09. Public Transportation Fund and the Regional

12 Transportation Authority Occupation and Use Tax Replacement

13 Fund.

14 (a)(1) Except as otherwise provided in paragraph (4), as

15 soon as possible after the first day of each month, beginning

16 July 1, 1984, upon certification of the Department of Revenue,

17 the Comptroller shall order transferred and the Treasurer

18 shall transfer from the General Revenue Fund to a special fund

19 in the State Treasury to be known as the Public Transportation

20 Fund an amount equal to 25% of the net revenue, before the

21 deduction of the serviceman and retailer discounts pursuant to

22 Section 9 of the Service Occupation Tax Act and Section 3 of

23 the Retailers' Occupation Tax Act, realized from any tax

24 imposed by the Authority pursuant to Sections 4.03 and 4.03.1

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1 and 25% of the amounts deposited into the Regional

2 Transportation Authority tax fund created by Section 4.03 of

3 this Act, from the County and Mass Transit District Fund as

4 provided in Section 6z-20 of the State Finance Act and 25% of

5 the amounts deposited into the Regional Transportation

6 Authority Occupation and Use Tax Replacement Fund from the

7 State and Local Sales Tax Reform Fund as provided in Section

8 6z-17 of the State Finance Act. On the first day of the month

9 following the date that the Department receives revenues from

10 increased taxes under Section 4.03(m) as authorized by Public

11 Act 95-708, in lieu of the transfers authorized in the

12 preceding sentence, upon certification of the Department of

13 Revenue, the Comptroller shall order transferred and the

14 Treasurer shall transfer from the General Revenue Fund to the

15 Public Transportation Fund an amount equal to 25% of the net

16 revenue, before the deduction of the serviceman and retailer

17 discounts pursuant to Section 9 of the Service Occupation Tax

18 Act and Section 3 of the Retailers' Occupation Tax Act,

19 realized from (i) 80% of the proceeds of any tax imposed by the

20 Authority at a rate of 1.25% in Cook County, (ii) 75% of the

21 proceeds of any tax imposed by the Authority at the rate of 1%

22 in Cook County, and (iii) one-third of the proceeds of any tax

23 imposed by the Authority at the rate of 0.75% in the Counties

24 of DuPage, Kane, Lake, McHenry, and Will, all pursuant to

25 Section 4.03, and 25% of the net revenue realized from any tax

26 imposed by the Authority pursuant to Section 4.03.1, and 25%

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1 of the amounts deposited into the Regional Transportation

2 Authority tax fund created by Section 4.03 of this Act from the

3 County and Mass Transit District Fund as provided in Section

4 6z-20 of the State Finance Act, and 25% of the amounts

5 deposited into the Regional Transportation Authority

6 Occupation and Use Tax Replacement Fund from the State and

7 Local Sales Tax Reform Fund as provided in Section 6z-17 of the

8 State Finance Act. As used in this Section, net revenue

9 realized for a month shall be the revenue collected by the

10 State pursuant to Sections 4.03 and 4.03.1 during the previous

11 month from within the metropolitan region, less the amount

12 paid out during that same month as refunds to taxpayers for

13 overpayment of liability in the metropolitan region under

14 Sections 4.03 and 4.03.1.

15 Notwithstanding any provision of law to the contrary,

16 beginning on July 6, 2017 (the effective date of Public Act

17 100-23), those amounts required under this paragraph (1) of

18 subsection (a) to be transferred by the Treasurer into the

19 Public Transportation Fund from the General Revenue Fund shall

20 be directly deposited into the Public Transportation Fund as

21 the revenues are realized from the taxes indicated.

22 (2) Except as otherwise provided in paragraph (4), on

23 February 1, 2009 (the first day of the month following the

24 effective date of Public Act 95-708) and each month

25 thereafter, upon certification by the Department of Revenue,

26 the Comptroller shall order transferred and the Treasurer

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1 shall transfer from the General Revenue Fund to the Public

2 Transportation Fund an amount equal to 5% of the net revenue,

3 before the deduction of the serviceman and retailer discounts

4 pursuant to Section 9 of the Service Occupation Tax Act and

5 Section 3 of the Retailers' Occupation Tax Act, realized from

6 any tax imposed by the Authority pursuant to Sections 4.03 and

7 4.03.1 and certified by the Department of Revenue under

8 Section 4.03(n) of this Act to be paid to the Authority and 5%

9 of the amounts deposited into the Regional Transportation

10 Authority tax fund created by Section 4.03 of this Act from the

11 County and Mass Transit District Fund as provided in Section

12 6z-20 of the State Finance Act, and 5% of the amounts deposited

13 into the Regional Transportation Authority Occupation and Use

14 Tax Replacement Fund from the State and Local Sales Tax Reform

15 Fund as provided in Section 6z-17 of the State Finance Act, and

16 5% of the revenue realized by the Chicago Transit Authority as

17 financial assistance from the City of Chicago from the

18 proceeds of any tax imposed by the City of Chicago under

19 Section 8-3-19 of the Illinois Municipal Code.

20 Notwithstanding any provision of law to the contrary,

21 beginning on July 6, 2017 (the effective date of Public Act

22 100-23), those amounts required under this paragraph (2) of

23 subsection (a) to be transferred by the Treasurer into the

24 Public Transportation Fund from the General Revenue Fund shall

25 be directly deposited into the Public Transportation Fund as

26 the revenues are realized from the taxes indicated.

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1 (3) Except as otherwise provided in paragraph (4), as soon

2 as possible after the first day of January, 2009 and each month

3 thereafter, upon certification of the Department of Revenue

4 with respect to the taxes collected under Section 4.03, the

5 Comptroller shall order transferred and the Treasurer shall

6 transfer from the General Revenue Fund to the Public

7 Transportation Fund an amount equal to 25% of the net revenue,

8 before the deduction of the serviceman and retailer discounts

9 pursuant to Section 9 of the Service Occupation Tax Act and

10 Section 3 of the Retailers' Occupation Tax Act, realized from

11 (i) 20% of the proceeds of any tax imposed by the Authority at

12 a rate of 1.25% in Cook County, (ii) 25% of the proceeds of any

13 tax imposed by the Authority at the rate of 1% in Cook County,

14 and (iii) one-third of the proceeds of any tax imposed by the

15 Authority at the rate of 0.75% in the Counties of DuPage, Kane,

16 Lake, McHenry, and Will, all pursuant to Section 4.03, and the

17 Comptroller shall order transferred and the Treasurer shall

18 transfer from the General Revenue Fund to the Public

19 Transportation Fund (iv) an amount equal to 25% of the revenue

20 realized by the Chicago Transit Authority as financial

21 assistance from the City of Chicago from the proceeds of any

22 tax imposed by the City of Chicago under Section 8-3-19 of the

23 Illinois Municipal Code.

24 Notwithstanding any provision of law to the contrary,

25 beginning on July 6, 2017 (the effective date of Public Act

26 100-23), those amounts required under this paragraph (3) of

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1 subsection (a) to be transferred by the Treasurer into the

2 Public Transportation Fund from the General Revenue Fund shall

3 be directly deposited into the Public Transportation Fund as

4 the revenues are realized from the taxes indicated.

5 (4) Notwithstanding any provision of law to the contrary,

6 for the State fiscal year beginning July 1, 2024 and each State

7 fiscal year thereafter ~~of the transfers to be made under~~

8 ~~paragraphs (1), (2), and (3) of this subsection (a) from the~~

9 ~~General Revenue Fund to the Public Transportation Fund~~, the

10 first $150,000,000 that would have otherwise been transferred

11 from the General Revenue Fund and deposited into the Public

12 Transportation Fund as provided in paragraphs (1), (2), and

13 (3) of this subsection (a) shall instead be transferred from

14 the Road Fund by the Treasurer upon certification by the

15 Department of Revenue and order of the Comptroller. For the

16 State fiscal year beginning July 1, 2024, only, the next

17 $75,000,000 that would have otherwise been transferred from

18 the General Revenue Fund and deposited into the Public

19 Transportation Fund as provided in paragraphs (1), (2), and

20 (3) of this subsection (a) shall instead be transferred from

21 the Road Fund and deposited into the Public Transportation

22 Fund by the Treasurer upon certification by the Department of

23 Revenue and order of the Comptroller. The funds authorized and

24 transferred pursuant to this amendatory Act of the 103rd

25 General Assembly are not intended or planned for road

26 construction projects. For the State fiscal year beginning

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1 July 1, 2024, only, the next $50,000,000 that would have

2 otherwise been transferred from the General Revenue Fund and

3 deposited into the Public Transportation Fund as provided in

4 paragraphs (1), (2), and (3) of this subsection (a) shall

5 instead be transferred from the Underground Storage Tank Fund

6 and deposited into the Public Transportation Fund by the

7 Treasurer upon certification by the Department of Revenue and

8 order of the Comptroller. The remaining balance ~~of such~~

9 ~~transfers~~ shall be deposited each State fiscal year as

10 otherwise provided in paragraphs (1), (2), and (3) of this

11 subsection (a) ~~made from the General Revenue Fund~~.

12 (5) (Blank).

13 (6) (Blank).

14 (7) For State fiscal year 2020 only, notwithstanding any

15 provision of law to the contrary, the total amount of revenue

16 and deposits under this Section attributable to revenues

17 realized during State fiscal year 2020 shall be reduced by 5%.

18 (8) For State fiscal year 2021 only, notwithstanding any

19 provision of law to the contrary, the total amount of revenue

20 and deposits under this Section attributable to revenues

21 realized during State fiscal year 2021 shall be reduced by 5%.

22 (b)(1) All moneys deposited in the Public Transportation

23 Fund and the Regional Transportation Authority Occupation and

24 Use Tax Replacement Fund, whether deposited pursuant to this

25 Section or otherwise, are allocated to the Authority, except

26 for amounts appropriated to the Office of the Executive

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1 Inspector General as authorized by subsection (h) of Section

2 4.03.3 and amounts transferred to the Audit Expense Fund

3 pursuant to Section 6z-27 of the State Finance Act. The

4 Comptroller, as soon as possible after each monthly transfer

5 provided in this Section and after each deposit into the

6 Public Transportation Fund, shall order the Treasurer to pay

7 to the Authority out of the Public Transportation Fund the

8 amount so transferred or deposited. Any Additional State

9 Assistance and Additional Financial Assistance paid to the

10 Authority under this Section shall be expended by the

11 Authority for its purposes as provided in this Act. The

12 balance of the amounts paid to the Authority from the Public

13 Transportation Fund shall be expended by the Authority as

14 provided in Section 4.03.3. The Comptroller, as soon as

15 possible after each deposit into the Regional Transportation

16 Authority Occupation and Use Tax Replacement Fund provided in

17 this Section and Section 6z-17 of the State Finance Act, shall

18 order the Treasurer to pay to the Authority out of the Regional

19 Transportation Authority Occupation and Use Tax Replacement

20 Fund the amount so deposited. Such amounts paid to the

21 Authority may be expended by it for its purposes as provided in

22 this Act. The provisions directing the distributions from the

23 Public Transportation Fund and the Regional Transportation

24 Authority Occupation and Use Tax Replacement Fund provided for

25 in this Section shall constitute an irrevocable and continuing

26 appropriation of all amounts as provided herein. The State

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1 Treasurer and State Comptroller are hereby authorized and

2 directed to make distributions as provided in this Section.

3 (2) Provided, however, no moneys deposited under subsection

4 (a) of this Section shall be paid from the Public

5 Transportation Fund to the Authority or its assignee for any

6 fiscal year until the Authority has certified to the Governor,

7 the Comptroller, and the Mayor of the City of Chicago that it

8 has adopted for that fiscal year an Annual Budget and Two-Year

9 Financial Plan meeting the requirements in Section 4.01(b).

10 (c) In recognition of the efforts of the Authority to

11 enhance the mass transportation facilities under its control,

12 the State shall provide financial assistance ("Additional

13 State Assistance") in excess of the amounts transferred to the

14 Authority from the General Revenue Fund under subsection (a)

15 of this Section. Additional State Assistance shall be

16 calculated as provided in subsection (d), but shall in no

17 event exceed the following specified amounts with respect to

18 the following State fiscal years:

19	`1990`	`$5,000,000;`
20	`1991`	`$5,000,000;`
21	`1992`	`$10,000,000;`
22	`1993`	`$10,000,000;`
23	`1994`	`$20,000,000;`
24	`1995`	`$30,000,000;`
25	`1996`	`$40,000,000;`
26	`1997`	`$50,000,000;`

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1		`1998`	`$55,000,000; and`
2		`each year thereafter`	`$55,000,000.`

3 (c-5) The State shall provide financial assistance

4 ("Additional Financial Assistance") in addition to the

5 Additional State Assistance provided by subsection (c) and the

6 amounts transferred to the Authority from the General Revenue

7 Fund under subsection (a) of this Section. Additional

8 Financial Assistance provided by this subsection shall be

9 calculated as provided in subsection (d), but shall in no

10 event exceed the following specified amounts with respect to

11 the following State fiscal years:

12	`2000`	`$0;`
13	`2001`	`$16,000,000;`
14	`2002`	`$35,000,000;`
15	`2003`	`$54,000,000;`
16	`2004`	`$73,000,000;`
17	`2005`	`$93,000,000; and`
18	`each year thereafter`	`$100,000,000.`

19 (d) Beginning with State fiscal year 1990 and continuing

20 for each State fiscal year thereafter, the Authority shall

21 annually certify to the State Comptroller and State Treasurer,

22 separately with respect to each of subdivisions (g)(2) and

23 (g)(3) of Section 4.04 of this Act, the following amounts:

24 (1) The amount necessary and required, during the

25 State fiscal year with respect to which the certification

26 is made, to pay its obligations for debt service on all

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1 outstanding bonds or notes issued by the Authority under

2 subdivisions (g)(2) and (g)(3) of Section 4.04 of this

3 Act.

4 (2) An estimate of the amount necessary and required

5 to pay its obligations for debt service for any bonds or

6 notes which the Authority anticipates it will issue under

7 subdivisions (g)(2) and (g)(3) of Section 4.04 during that

8 State fiscal year.

9 (3) Its debt service savings during the preceding

10 State fiscal year from refunding or advance refunding of

11 bonds or notes issued under subdivisions (g)(2) and (g)(3)

12 of Section 4.04.

13 (4) The amount of interest, if any, earned by the

14 Authority during the previous State fiscal year on the

15 proceeds of bonds or notes issued pursuant to subdivisions

16 (g)(2) and (g)(3) of Section 4.04, other than refunding or

17 advance refunding bonds or notes.

18 The certification shall include a specific schedule of

19 debt service payments, including the date and amount of each

20 payment for all outstanding bonds or notes and an estimated

21 schedule of anticipated debt service for all bonds and notes

22 it intends to issue, if any, during that State fiscal year,

23 including the estimated date and estimated amount of each

24 payment.

25 Immediately upon the issuance of bonds for which an

26 estimated schedule of debt service payments was prepared, the

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1 Authority shall file an amended certification with respect to

2 item (2) above, to specify the actual schedule of debt service

3 payments, including the date and amount of each payment, for

4 the remainder of the State fiscal year.

5 On the first day of each month of the State fiscal year in

6 which there are bonds outstanding with respect to which the

7 certification is made, the State Comptroller shall order

8 transferred and the State Treasurer shall transfer from the

9 Road Fund to the Public Transportation Fund the Additional

10 State Assistance and Additional Financial Assistance in an

11 amount equal to the aggregate of (i) one-twelfth of the sum of

12 the amounts certified under items (1) and (3) above less the

13 amount certified under item (4) above, plus (ii) the amount

14 required to pay debt service on bonds and notes issued during

15 the fiscal year, if any, divided by the number of months

16 remaining in the fiscal year after the date of issuance, or

17 some smaller portion as may be necessary under subsection (c)

18 or (c-5) of this Section for the relevant State fiscal year,

19 plus (iii) any cumulative deficiencies in transfers for prior

20 months, until an amount equal to the sum of the amounts

21 certified under items (1) and (3) above, plus the actual debt

22 service certified under item (2) above, less the amount

23 certified under item (4) above, has been transferred; except

24 that these transfers are subject to the following limits:

25 (A) In no event shall the total transfers in any State

26 fiscal year relating to outstanding bonds and notes issued

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1 by the Authority under subdivision (g)(2) of Section 4.04

2 exceed the lesser of the annual maximum amount specified

3 in subsection (c) or the sum of the amounts certified

4 under items (1) and (3) above, plus the actual debt

5 service certified under item (2) above, less the amount

6 certified under item (4) above, with respect to those

7 bonds and notes.

8 (B) In no event shall the total transfers in any State

9 fiscal year relating to outstanding bonds and notes issued

10 by the Authority under subdivision (g)(3) of Section 4.04

11 exceed the lesser of the annual maximum amount specified

12 in subsection (c-5) or the sum of the amounts certified

13 under items (1) and (3) above, plus the actual debt

14 service certified under item (2) above, less the amount

15 certified under item (4) above, with respect to those

16 bonds and notes.

17 The term "outstanding" does not include bonds or notes for

18 which refunding or advance refunding bonds or notes have been

19 issued.

20 (e) Neither Additional State Assistance nor Additional

21 Financial Assistance may be pledged, either directly or

22 indirectly as general revenues of the Authority, as security

23 for any bonds issued by the Authority. The Authority may not

24 assign its right to receive Additional State Assistance or

25 Additional Financial Assistance, or direct payment of

26 Additional State Assistance or Additional Financial

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1 Assistance, to a trustee or any other entity for the payment of

2 debt service on its bonds.

3 (f) The certification required under subsection (d) with

4 respect to outstanding bonds and notes of the Authority shall

5 be filed as early as practicable before the beginning of the

6 State fiscal year to which it relates. The certification shall

7 be revised as may be necessary to accurately state the debt

8 service requirements of the Authority.

9 (g) Within 6 months of the end of each fiscal year, the

10 Authority shall determine:

11 (i) whether the aggregate of all system generated

12 revenues for public transportation in the metropolitan

13 region which is provided by, or under grant or purchase of

14 service contracts with, the Service Boards equals 50% of

15 the aggregate of all costs of providing such public

16 transportation. "System generated revenues" include all

17 the proceeds of fares and charges for services provided,

18 contributions received in connection with public

19 transportation from units of local government other than

20 the Authority, except for contributions received by the

21 Chicago Transit Authority from a real estate transfer tax

22 imposed under subsection (i) of Section 8-3-19 of the

23 Illinois Municipal Code, and from the State pursuant to

24 subsection (i) of Section 2705-305 of the Department of

25 Transportation Law, and all other revenues properly

26 included consistent with generally accepted accounting

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1 principles but may not include: the proceeds from any

2 borrowing, and, beginning with the 2007 fiscal year, all

3 revenues and receipts, including but not limited to fares

4 and grants received from the federal, State or any unit of

5 local government or other entity, derived from providing

6 ADA paratransit service pursuant to Section 2.30 of the

7 Regional Transportation Authority Act. "Costs" include all

8 items properly included as operating costs consistent with

9 generally accepted accounting principles, including

10 administrative costs, but do not include: depreciation;

11 payment of principal and interest on bonds, notes or other

12 evidences of obligations for borrowed money of the

13 Authority; payments with respect to public transportation

14 facilities made pursuant to subsection (b) of Section

15 2.20; any payments with respect to rate protection

16 contracts, credit enhancements or liquidity agreements

17 made under Section 4.14; any other cost as to which it is

18 reasonably expected that a cash expenditure will not be

19 made; costs for passenger security including grants,

20 contracts, personnel, equipment and administrative

21 expenses, except in the case of the Chicago Transit

22 Authority, in which case the term does not include costs

23 spent annually by that entity for protection against crime

24 as required by Section 27a of the Metropolitan Transit

25 Authority Act; the costs of Debt Service paid by the

26 Chicago Transit Authority, as defined in Section 12c of

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1 the Metropolitan Transit Authority Act, or bonds or notes

2 issued pursuant to that Section; the payment by the

3 Commuter Rail Division of debt service on bonds issued

4 pursuant to Section 3B.09; expenses incurred by the

5 Suburban Bus Division for the cost of new public

6 transportation services funded from grants pursuant to

7 Section 2.01e of this Act for a period of 2 years from the

8 date of initiation of each such service; costs as exempted

9 by the Board for projects pursuant to Section 2.09 of this

10 Act; or, beginning with the 2007 fiscal year, expenses

11 related to providing ADA paratransit service pursuant to

12 Section 2.30 of the Regional Transportation Authority Act;

13 or in fiscal years 2008 through 2012 inclusive, costs in

14 the amount of $200,000,000 in fiscal year 2008, reducing

15 by $40,000,000 in each fiscal year thereafter until this

16 exemption is eliminated. If said system generated revenues

17 are less than 50% of said costs, the Board shall remit an

18 amount equal to the amount of the deficit to the State;

19 however, due to the fiscal impacts from the COVID-19

20 pandemic, for fiscal years 2021, 2022, 2023, 2024, and

21 2025, no such payment shall be required. The Treasurer

22 shall deposit any such payment in the Road Fund; and

23 (ii) whether, beginning with the 2007 fiscal year, the

24 aggregate of all fares charged and received for ADA

25 paratransit services equals the system generated ADA

26 paratransit services revenue recovery ratio percentage of

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1 the aggregate of all costs of providing such ADA

2 paratransit services.

3 (h) If the Authority makes any payment to the State under

4 paragraph (g), the Authority shall reduce the amount provided

5 to a Service Board from funds transferred under paragraph (a)

6 in proportion to the amount by which that Service Board failed

7 to meet its required system generated revenues recovery ratio.

8 A Service Board which is affected by a reduction in funds under

9 this paragraph shall submit to the Authority concurrently with

10 its next due quarterly report a revised budget incorporating

11 the reduction in funds. The revised budget must meet the

12 criteria specified in clauses (i) through (vi) of Section

13 4.11(b)(2). The Board shall review and act on the revised

14 budget as provided in Section 4.11(b)(3).

15 (Source: P.A. 102-678, eff. 12-10-21; 103-281, eff. 1-1-24.)

16 Section 5-65. The Mental Health Early Action on Campus Act

17 is amended by changing Section 55 as follows:

18 (110 ILCS 58/55)

19 Sec. 55. Funding. This Act is subject to appropriation.

20 The Commission on Government Forecasting and Accountability,

21 in conjunction with the Illinois Community College Board and

22 the Board of Higher Education, must make recommendations to

23 the General Assembly on the amounts necessary to implement

24 this Act. ~~The initial recommendation must be provided by the~~

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1 ~~Commission no later than December 31, 2019. Any appropriation~~

2 ~~provided in advance of this initial recommendation may be used~~

3 ~~for planning purposes.~~ No Section of this Act may be funded by

4 student fees created on or after July 1, 2020. Public colleges

5 or universities may seek federal funding or private grants, if

6 available, to support the provisions of this Act. In order to

7 raise mental health awareness on college campuses through

8 training, peer support, and local partnerships, the Board of

9 Higher Education may, subject to appropriation, establish and

10 administer a grant program to assist public universities in

11 implementing this Act.

12 (Source: P.A. 101-251, eff. 8-9-19.)

13 Section 5-70. The Illinois Health Benefits Exchange Law is

14 amended by changing Section 5-30 as follows:

15 (215 ILCS 122/5-30)

16 (Section scheduled to be repealed on January 1, 2025)

17 Sec. 5-30. Transfers from Insurance Producer

18 Administration Fund.

19 (a) During fiscal year 2024 only, at the direction of and

20 upon notification from the Director of Insurance, the State

21 Comptroller shall direct and the State Treasurer shall

22 transfer up to a total of $10,000,000 from the Insurance

23 Producer Administration Fund to the Illinois Health Benefits

24 Exchange Fund.

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1 (b) During fiscal year 2025 only, at the direction of and

2 upon notification from the Director of Insurance, the State

3 Comptroller shall direct and the State Treasurer shall

4 transfer up to a total of $15,500,000 from the Insurance

5 Producer Administration Fund to the Illinois Health Benefits

6 Exchange Fund.

7 (c) This Section is repealed on January 1, 2026 ~~2025~~.

8 (Source: P.A. 103-8, eff. 6-7-23.)

9 Section 5-72. The African-American HIV/AIDS Response Act

10 is amended by changing Section 27 as follows:

11 (410 ILCS 303/27)

12 Sec. 27. African-American HIV/AIDS Response Fund.

13 (a) The African-American HIV/AIDS Response Fund is created

14 as a special fund in the State treasury. Moneys deposited into

15 the Fund shall, subject to appropriation, be used for grants

16 for programs to prevent the transmission of HIV and other

17 programs and activities consistent with the purposes of this

18 Act, including, but not limited to, preventing and treating

19 HIV/AIDS, the creation of an HIV/AIDS service delivery system,

20 and the administration of the Act. The grants under this

21 Section may be administered by a lead agent selected by the

22 Department of Public Health, considering the entity's ability

23 to administer grants and familiarity with the grantees'

24 programs, and that selection shall be exempt from the public

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1 notice of funding opportunity under the Grant Accountability

2 and Transparency Act or any rule regarding the public notice

3 of funding opportunity adopted under that Act. The lead agent

4 must demonstrate the ability to administer the grant to

5 subgrantees in compliance with the requirements of the Grant

6 Accountability and Transparency Act. Moneys for the Fund shall

7 come from appropriations by the General Assembly, federal

8 funds, and other public resources.

9 (b) The Fund shall provide resources for communities in

10 Illinois to create an HIV/AIDS service delivery system that

11 reduces the disparity of HIV infection and AIDS cases between

12 African-Americans and other population groups in Illinois that

13 may be impacted by the disease by, including but, not limited

14 to:

15 (1) developing, implementing, and maintaining a

16 comprehensive, culturally sensitive HIV Prevention Plan

17 targeting communities that are identified as high-risk in

18 terms of the impact of the disease on African-Americans;

19 (2) developing, implementing, and maintaining a stable

20 HIV/AIDS service delivery infrastructure in Illinois

21 communities that will meet the needs of African-Americans;

22 (3) developing, implementing, and maintaining a

23 statewide HIV/AIDS testing program;

24 (4) providing funding for HIV/AIDS social and

25 scientific research to improve prevention and treatment;

26 (5) providing comprehensive technical and other

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1 assistance to African-American community service

2 organizations that are involved in HIV/AIDS prevention and

3 treatment;

4 (6) developing, implementing, and maintaining an

5 infrastructure for African-American community service

6 organizations to make them less dependent on government

7 resources;

8 (7) (blank); and

9 (8) creating, maintaining, or creating and maintaining

10 at least one Black-led Center of Excellence HIV Biomedical

11 Resource Hub for every $3,000,000 of available funding to

12 improve Black health and eliminate Black HIV-related

13 health disparities; a Center of Excellence may be

14 developed on a stand-alone or a collaborative basis and

15 may provide regional comprehensive HIV preventative care

16 and essential support services, which may include, but are

17 not limited to, PrEP assessment, same day prescription

18 delivery, primary HIV medical care or referral, case

19 management, outpatient mental health, outpatient substance

20 abuse, treatment, medication adherence, nutritional

21 supplemental support, housing, financial assistance,

22 workforce development, criminal justice involvement, and

23 advocacy services.

24 (c) When providing grants pursuant to this Fund, the

25 Department of Public Health shall give priority to the

26 development of comprehensive medical and social services to

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1 African-Americans at risk of infection from or infected with

2 HIV/AIDS in areas of the State determined to have the greatest

3 geographic prevalence of HIV/AIDS in the African-American

4 population.

5 (d) (Blank).

6 (Source: P.A. 102-1052, eff. 1-1-23.)

7 Section 5-75. The Environmental Protection Act is amended

8 by changing Sections 22.15, 55.6, and 57.11 as follows:

9 (415 ILCS 5/22.15)

10 Sec. 22.15. Solid Waste Management Fund; fees.

11 (a) There is hereby created within the State Treasury a

12 special fund to be known as the Solid Waste Management Fund, to

13 be constituted from the fees collected by the State pursuant

14 to this Section, from repayments of loans made from the Fund

15 for solid waste projects, from registration fees collected

16 pursuant to the Consumer Electronics Recycling Act, from fees

17 collected under the Paint Stewardship Act, and from amounts

18 transferred into the Fund pursuant to Public Act 100-433.

19 Moneys received by either the Agency or the Department of

20 Commerce and Economic Opportunity in repayment of loans made

21 pursuant to the Illinois Solid Waste Management Act shall be

22 deposited into the General Revenue Fund.

23 (b) The Agency shall assess and collect a fee in the amount

24 set forth herein from the owner or operator of each sanitary

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1 landfill permitted or required to be permitted by the Agency

2 to dispose of solid waste if the sanitary landfill is located

3 off the site where such waste was produced and if such sanitary

4 landfill is owned, controlled, and operated by a person other

5 than the generator of such waste. The Agency shall deposit all

6 fees collected into the Solid Waste Management Fund. If a site

7 is contiguous to one or more landfills owned or operated by the

8 same person, the volumes permanently disposed of by each

9 landfill shall be combined for purposes of determining the fee

10 under this subsection. Beginning on July 1, 2018, and on the

11 first day of each month thereafter during fiscal years 2019

12 through 2025 ~~2024~~, the State Comptroller shall direct and

13 State Treasurer shall transfer an amount equal to 1/12 of

14 $5,000,000 per fiscal year from the Solid Waste Management

15 Fund to the General Revenue Fund.

16 (1) If more than 150,000 cubic yards of non-hazardous

17 solid waste is permanently disposed of at a site in a

18 calendar year, the owner or operator shall either pay a

19 fee of 95 cents per cubic yard or, alternatively, the

20 owner or operator may weigh the quantity of the solid

21 waste permanently disposed of with a device for which

22 certification has been obtained under the Weights and

23 Measures Act and pay a fee of $2.00 per ton of solid waste

24 permanently disposed of. In no case shall the fee

25 collected or paid by the owner or operator under this

26 paragraph exceed $1.55 per cubic yard or $3.27 per ton.

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1 (2) If more than 100,000 cubic yards but not more than

2 150,000 cubic yards of non-hazardous waste is permanently

3 disposed of at a site in a calendar year, the owner or

4 operator shall pay a fee of $52,630.

5 (3) If more than 50,000 cubic yards but not more than

6 100,000 cubic yards of non-hazardous solid waste is

7 permanently disposed of at a site in a calendar year, the

8 owner or operator shall pay a fee of $23,790.

9 (4) If more than 10,000 cubic yards but not more than

10 50,000 cubic yards of non-hazardous solid waste is

11 permanently disposed of at a site in a calendar year, the

12 owner or operator shall pay a fee of $7,260.

13 (5) If not more than 10,000 cubic yards of

14 non-hazardous solid waste is permanently disposed of at a

15 site in a calendar year, the owner or operator shall pay a

16 fee of $1050.

17 (c) (Blank).

18 (d) The Agency shall establish rules relating to the

19 collection of the fees authorized by this Section. Such rules

20 shall include, but not be limited to:

21 (1) necessary records identifying the quantities of

22 solid waste received or disposed;

23 (2) the form and submission of reports to accompany

24 the payment of fees to the Agency;

25 (3) the time and manner of payment of fees to the

26 Agency, which payments shall not be more often than

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1 quarterly; and

2 (4) procedures setting forth criteria establishing

3 when an owner or operator may measure by weight or volume

4 during any given quarter or other fee payment period.

5 (e) Pursuant to appropriation, all monies in the Solid

6 Waste Management Fund shall be used by the Agency for the

7 purposes set forth in this Section and in the Illinois Solid

8 Waste Management Act, including for the costs of fee

9 collection and administration, for administration of the Paint

10 Stewardship Act, and for the administration of the Consumer

11 Electronics Recycling Act, the Drug Take-Back Act, and the

12 Statewide Recycling Needs Assessment Act.

13 (f) The Agency is authorized to enter into such agreements

14 and to promulgate such rules as are necessary to carry out its

15 duties under this Section and the Illinois Solid Waste

16 Management Act.

17 (g) On the first day of January, April, July, and October

18 of each year, beginning on July 1, 1996, the State Comptroller

19 and Treasurer shall transfer $500,000 from the Solid Waste

20 Management Fund to the Hazardous Waste Fund. Moneys

21 transferred under this subsection (g) shall be used only for

22 the purposes set forth in item (1) of subsection (d) of Section

23 22.2.

24 (h) The Agency is authorized to provide financial

25 assistance to units of local government for the performance of

26 inspecting, investigating, and enforcement activities pursuant

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1 to subsection (r) of Section 4 at nonhazardous solid waste

2 disposal sites.

3 (i) The Agency is authorized to conduct household waste

4 collection and disposal programs.

5 (j) A unit of local government, as defined in the Local

6 Solid Waste Disposal Act, in which a solid waste disposal

7 facility is located may establish a fee, tax, or surcharge

8 with regard to the permanent disposal of solid waste. All

9 fees, taxes, and surcharges collected under this subsection

10 shall be utilized for solid waste management purposes,

11 including long-term monitoring and maintenance of landfills,

12 planning, implementation, inspection, enforcement and other

13 activities consistent with the Illinois Solid Waste Management

14 Act and the Local Solid Waste Disposal Act, or for any other

15 environment-related purpose, including, but not limited to, an

16 environment-related public works project, but not for the

17 construction of a new pollution control facility other than a

18 household hazardous waste facility. However, the total fee,

19 tax or surcharge imposed by all units of local government

20 under this subsection (j) upon the solid waste disposal

21 facility shall not exceed:

22 (1) 60� per cubic yard if more than 150,000 cubic

23 yards of non-hazardous solid waste is permanently disposed

24 of at the site in a calendar year, unless the owner or

25 operator weighs the quantity of the solid waste received

26 with a device for which certification has been obtained

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1 under the Weights and Measures Act, in which case the fee

2 shall not exceed $1.27 per ton of solid waste permanently

3 disposed of.

4 (2) $33,350 if more than 100,000 cubic yards, but not

5 more than 150,000 cubic yards, of non-hazardous waste is

6 permanently disposed of at the site in a calendar year.

7 (3) $15,500 if more than 50,000 cubic yards, but not

8 more than 100,000 cubic yards, of non-hazardous solid

9 waste is permanently disposed of at the site in a calendar

10 year.

11 (4) $4,650 if more than 10,000 cubic yards, but not

12 more than 50,000 cubic yards, of non-hazardous solid waste

13 is permanently disposed of at the site in a calendar year.

14 (5) $650 if not more than 10,000 cubic yards of

15 non-hazardous solid waste is permanently disposed of at

16 the site in a calendar year.

17 The corporate authorities of the unit of local government

18 may use proceeds from the fee, tax, or surcharge to reimburse a

19 highway commissioner whose road district lies wholly or

20 partially within the corporate limits of the unit of local

21 government for expenses incurred in the removal of

22 nonhazardous, nonfluid municipal waste that has been dumped on

23 public property in violation of a State law or local

24 ordinance.

25 For the disposal of solid waste from general construction

26 or demolition debris recovery facilities as defined in

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1 subsection (a-1) of Section 3.160, the total fee, tax, or

2 surcharge imposed by all units of local government under this

3 subsection (j) upon the solid waste disposal facility shall

4 not exceed 50% of the applicable amount set forth above. A unit

5 of local government, as defined in the Local Solid Waste

6 Disposal Act, in which a general construction or demolition

7 debris recovery facility is located may establish a fee, tax,

8 or surcharge on the general construction or demolition debris

9 recovery facility with regard to the permanent disposal of

10 solid waste by the general construction or demolition debris

11 recovery facility at a solid waste disposal facility, provided

12 that such fee, tax, or surcharge shall not exceed 50% of the

13 applicable amount set forth above, based on the total amount

14 of solid waste transported from the general construction or

15 demolition debris recovery facility for disposal at solid

16 waste disposal facilities, and the unit of local government

17 and fee shall be subject to all other requirements of this

18 subsection (j).

19 A county or Municipal Joint Action Agency that imposes a

20 fee, tax, or surcharge under this subsection may use the

21 proceeds thereof to reimburse a municipality that lies wholly

22 or partially within its boundaries for expenses incurred in

23 the removal of nonhazardous, nonfluid municipal waste that has

24 been dumped on public property in violation of a State law or

25 local ordinance.

26 If the fees are to be used to conduct a local sanitary

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1 landfill inspection or enforcement program, the unit of local

2 government must enter into a written delegation agreement with

3 the Agency pursuant to subsection (r) of Section 4. The unit of

4 local government and the Agency shall enter into such a

5 written delegation agreement within 60 days after the

6 establishment of such fees. At least annually, the Agency

7 shall conduct an audit of the expenditures made by units of

8 local government from the funds granted by the Agency to the

9 units of local government for purposes of local sanitary

10 landfill inspection and enforcement programs, to ensure that

11 the funds have been expended for the prescribed purposes under

12 the grant.

13 The fees, taxes or surcharges collected under this

14 subsection (j) shall be placed by the unit of local government

15 in a separate fund, and the interest received on the moneys in

16 the fund shall be credited to the fund. The monies in the fund

17 may be accumulated over a period of years to be expended in

18 accordance with this subsection.

19 A unit of local government, as defined in the Local Solid

20 Waste Disposal Act, shall prepare and post on its website, in

21 April of each year, a report that details spending plans for

22 monies collected in accordance with this subsection. The

23 report will at a minimum include the following:

24 (1) The total monies collected pursuant to this

25 subsection.

26 (2) The most current balance of monies collected

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1 pursuant to this subsection.

2 (3) An itemized accounting of all monies expended for

3 the previous year pursuant to this subsection.

4 (4) An estimation of monies to be collected for the

5 following 3 years pursuant to this subsection.

6 (5) A narrative detailing the general direction and

7 scope of future expenditures for one, 2 and 3 years.

8 The exemptions granted under Sections 22.16 and 22.16a,

9 and under subsection (k) of this Section, shall be applicable

10 to any fee, tax or surcharge imposed under this subsection

11 (j); except that the fee, tax or surcharge authorized to be

12 imposed under this subsection (j) may be made applicable by a

13 unit of local government to the permanent disposal of solid

14 waste after December 31, 1986, under any contract lawfully

15 executed before June 1, 1986 under which more than 150,000

16 cubic yards (or 50,000 tons) of solid waste is to be

17 permanently disposed of, even though the waste is exempt from

18 the fee imposed by the State under subsection (b) of this

19 Section pursuant to an exemption granted under Section 22.16.

20 (k) In accordance with the findings and purposes of the

21 Illinois Solid Waste Management Act, beginning January 1, 1989

22 the fee under subsection (b) and the fee, tax or surcharge

23 under subsection (j) shall not apply to:

24 (1) waste which is hazardous waste;

25 (2) waste which is pollution control waste;

26 (3) waste from recycling, reclamation or reuse

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1 processes which have been approved by the Agency as being

2 designed to remove any contaminant from wastes so as to

3 render such wastes reusable, provided that the process

4 renders at least 50% of the waste reusable; the exemption

5 set forth in this paragraph (3) of this subsection (k)

6 shall not apply to general construction or demolition

7 debris recovery facilities as defined in subsection (a-1)

8 of Section 3.160;

9 (4) non-hazardous solid waste that is received at a

10 sanitary landfill and composted or recycled through a

11 process permitted by the Agency; or

12 (5) any landfill which is permitted by the Agency to

13 receive only demolition or construction debris or

14 landscape waste.

15 (Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21;

16 102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff.

17 5-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154,

18 eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23;

19 revised 12-15-23.)

20 (415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)

21 Sec. 55.6. Used Tire Management Fund.

22 (a) There is hereby created in the State Treasury a

23 special fund to be known as the Used Tire Management Fund.

24 There shall be deposited into the Fund all monies received as

25 (1) recovered costs or proceeds from the sale of used tires

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1 under Section 55.3 of this Act, (2) repayment of loans from the

2 Used Tire Management Fund, or (3) penalties or punitive

3 damages for violations of this Title, except as provided by

4 subdivision (b)(4) or (b)(4-5) of Section 42.

5 (b) Beginning January 1, 1992, in addition to any other

6 fees required by law, the owner or operator of each site

7 required to be registered or permitted under subsection (d) or

8 (d-5) of Section 55 shall pay to the Agency an annual fee of

9 $100. Fees collected under this subsection shall be deposited

10 into the Environmental Protection Permit and Inspection Fund.

11 (c) Pursuant to appropriation, moneys up to an amount of

12 $4 million per fiscal year from the Used Tire Management Fund

13 shall be allocated as follows:

14 (1) 38% shall be available to the Agency for the

15 following purposes, provided that priority shall be given

16 to item (i):

17 (i) To undertake preventive, corrective or removal

18 action as authorized by and in accordance with Section

19 55.3, and to recover costs in accordance with Section

20 55.3.

21 (ii) For the performance of inspection and

22 enforcement activities for used and waste tire sites.

23 (iii) (Blank).

24 (iv) To provide financial assistance to units of

25 local government for the performance of inspecting,

26 investigating and enforcement activities pursuant to

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1 subsection (r) of Section 4 at used and waste tire

2 sites.

3 (v) To provide financial assistance for used and

4 waste tire collection projects sponsored by local

5 government or not-for-profit corporations.

6 (vi) For the costs of fee collection and

7 administration relating to used and waste tires, and

8 to accomplish such other purposes as are authorized by

9 this Act and regulations thereunder.

10 (vii) To provide financial assistance to units of

11 local government and private industry for the purposes

12 of:

13 (A) assisting in the establishment of

14 facilities and programs to collect, process, and

15 utilize used and waste tires and tire-derived

16 materials;

17 (B) demonstrating the feasibility of

18 innovative technologies as a means of collecting,

19 storing, processing, and utilizing used and waste

20 tires and tire-derived materials; and

21 (C) applying demonstrated technologies as a

22 means of collecting, storing, processing, and

23 utilizing used and waste tires and tire-derived

24 materials.

25 (2) (Blank).

26 (2.1) For the fiscal year beginning July 1, 2004 and

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1 for all fiscal years thereafter, 23% shall be deposited

2 into the General Revenue Fund. Prior to the fiscal year

3 beginning July 1, 2023, such transfers are at the

4 direction of the Department of Revenue, and shall be made

5 within 30 days after the end of each quarter. Beginning

6 with the fiscal year beginning July 1, 2023, such

7 transfers are at the direction of the Agency and shall be

8 made within 30 days after the end of each quarter.

9 (3) 25% shall be available to the Illinois Department

10 of Public Health for the following purposes:

11 (A) To investigate threats or potential threats to

12 the public health related to mosquitoes and other

13 vectors of disease associated with the improper

14 storage, handling and disposal of tires, improper

15 waste disposal, or natural conditions.

16 (B) To conduct surveillance and monitoring

17 activities for mosquitoes and other arthropod vectors

18 of disease, and surveillance of animals which provide

19 a reservoir for disease-producing organisms.

20 (C) To conduct training activities to promote

21 vector control programs and integrated pest management

22 as defined in the Vector Control Act.

23 (D) To respond to inquiries, investigate

24 complaints, conduct evaluations and provide technical

25 consultation to help reduce or eliminate public health

26 hazards and nuisance conditions associated with

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1 mosquitoes and other vectors.

2 (E) To provide financial assistance to units of

3 local government for training, investigation and

4 response to public nuisances associated with

5 mosquitoes and other vectors of disease.

6 (4) 2% shall be available to the Department of

7 Agriculture for its activities under the Illinois

8 Pesticide Act relating to used and waste tires.

9 (5) 2% shall be available to the Pollution Control

10 Board for administration of its activities relating to

11 used and waste tires.

12 (6) 10% shall be available to the University of

13 Illinois for the Prairie Research Institute to perform

14 research to study the biology, distribution, population

15 ecology, and biosystematics of tire-breeding arthropods,

16 especially mosquitoes, and the diseases they spread.

17 (d) By January 1, 1998, and biennially thereafter, each

18 State agency receiving an appropriation from the Used Tire

19 Management Fund shall report to the Governor and the General

20 Assembly on its activities relating to the Fund.

21 (e) Any monies appropriated from the Used Tire Management

22 Fund, but not obligated, shall revert to the Fund.

23 (f) In administering the provisions of subdivisions (1),

24 (2) and (3) of subsection (c) of this Section, the Agency, the

25 Department of Commerce and Economic Opportunity, and the

26 Illinois Department of Public Health shall ensure that

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1 appropriate funding assistance is provided to any municipality

2 with a population over 1,000,000 or to any sanitary district

3 which serves a population over 1,000,000.

4 (g) Pursuant to appropriation, monies in excess of $4

5 million per fiscal year from the Used Tire Management Fund

6 shall be used as follows:

7 (1) 55% shall be available to the Agency and, in State

8 fiscal year 2025 only, the Department of Commerce and

9 Economic Opportunity for the following purposes, provided

10 that priority shall be given to subparagraph (A):

11 (A) To undertake preventive, corrective or renewed

12 action as authorized by and in accordance with Section

13 55.3 and to recover costs in accordance with Section

14 55.3.

15 (B) To provide financial assistance to units of

16 local government and private industry for the purposes

17 of:

18 (i) assisting in the establishment of

19 facilities and programs to collect, process, and

20 utilize used and waste tires and tire-derived

21 materials;

22 (ii) demonstrating the feasibility of

23 innovative technologies as a means of collecting,

24 storing, processing, and utilizing used and waste

25 tires and tire-derived materials; and

26 (iii) applying demonstrated technologies as a

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1 means of collecting, storing, processing, and

2 utilizing used and waste tires and tire-derived

3 materials.

4 (C) To provide grants to public universities and

5 private industry for research and development related

6 to reducing the toxicity of tires and tire materials,

7 vector-related research, disease-related research, and

8 ~~for~~ related laboratory-based equipment and field-based

9 equipment.

10 (2) (Blank).

11 (3) For the fiscal year beginning July 1, 2004 and for

12 all fiscal years thereafter, 45% shall be deposited into

13 the General Revenue Fund. Prior to the fiscal year

14 beginning July 1, 2023, such transfers are at the

15 direction of the Department of Revenue, and shall be made

16 within 30 days after the end of each quarter. Beginning

17 with the fiscal year beginning July 1, 2023, such

18 transfers are at the direction of the Agency and shall be

19 made within 30 days after the end of each quarter.

20 (Source: P.A. 103-363, eff. 7-28-23.)

21 (415 ILCS 5/57.11)

22 Sec. 57.11. Underground Storage Tank Fund; creation.

23 (a) There is hereby created in the State Treasury a

24 special fund to be known as the Underground Storage Tank Fund.

25 There shall be deposited into the Underground Storage Tank

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1 Fund all moneys received by the Office of the State Fire

2 Marshal as fees for underground storage tanks under Sections 4

3 and 5 of the Gasoline Storage Act, fees pursuant to the Motor

4 Fuel Tax Law, and beginning July 1, 2013, payments pursuant to

5 the Use Tax Act, the Service Use Tax Act, the Service

6 Occupation Tax Act, and the Retailers' Occupation Tax Act. All

7 amounts held in the Underground Storage Tank Fund shall be

8 invested at interest by the State Treasurer. All income earned

9 from the investments shall be deposited into the Underground

10 Storage Tank Fund no less frequently than quarterly. In

11 addition to any other transfers that may be provided for by

12 law, beginning on July 1, 2018 and on the first day of each

13 month thereafter during fiscal years 2019 through 2025 ~~2024~~

14 only, the State Comptroller shall direct and the State

15 Treasurer shall transfer an amount equal to 1/12 of

16 $10,000,000 from the Underground Storage Tank Fund to the

17 General Revenue Fund. Moneys in the Underground Storage Tank

18 Fund, pursuant to appropriation, may be used by the Agency and

19 the Office of the State Fire Marshal for the following

20 purposes:

21 (1) To take action authorized under Section 57.12 to

22 recover costs under Section 57.12.

23 (2) To assist in the reduction and mitigation of

24 damage caused by leaks from underground storage tanks,

25 including but not limited to, providing alternative water

26 supplies to persons whose drinking water has become

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1 contaminated as a result of those leaks.

2 (3) To be used as a matching amount towards federal

3 assistance relative to the release of petroleum from

4 underground storage tanks.

5 (4) For the costs of administering activities of the

6 Agency and the Office of the State Fire Marshal relative

7 to the Underground Storage Tank Fund.

8 (5) For payment of costs of corrective action incurred

9 by and indemnification to operators of underground storage

10 tanks as provided in this Title.

11 (6) For a total of 2 demonstration projects in amounts

12 in excess of a $10,000 deductible charge designed to

13 assess the viability of corrective action projects at

14 sites which have experienced contamination from petroleum

15 releases. Such demonstration projects shall be conducted

16 in accordance with the provision of this Title.

17 (7) Subject to appropriation, moneys in the

18 Underground Storage Tank Fund may also be used by the

19 Department of Revenue for the costs of administering its

20 activities relative to the Fund and for refunds provided

21 for in Section 13a.8 of the Motor Fuel Tax Law.

22 (b) Moneys in the Underground Storage Tank Fund may,

23 pursuant to appropriation, be used by the Office of the State

24 Fire Marshal or the Agency to take whatever emergency action

25 is necessary or appropriate to assure that the public health

26 or safety is not threatened whenever there is a release or

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1 substantial threat of a release of petroleum from an

2 underground storage tank and for the costs of administering

3 its activities relative to the Underground Storage Tank Fund.

4 (c) Beginning July 1, 1993, the Governor shall certify to

5 the State Comptroller and State Treasurer the monthly amount

6 necessary to pay debt service on State obligations issued

7 pursuant to Section 6 of the General Obligation Bond Act. On

8 the last day of each month, the Comptroller shall order

9 transferred and the Treasurer shall transfer from the

10 Underground Storage Tank Fund to the General Obligation Bond

11 Retirement and Interest Fund the amount certified by the

12 Governor, plus any cumulative deficiency in those transfers

13 for prior months.

14 (d) Except as provided in subsection (c) of this Section,

15 the Underground Storage Tank Fund is not subject to

16 administrative charges authorized under Section 8h of the

17 State Finance Act that would in any way transfer any funds from

18 the Underground Storage Tank Fund into any other fund of the

19 State.

20 (e) Each fiscal year, subject to appropriation, the Agency

21 may commit up to $10,000,000 of the moneys in the Underground

22 Storage Tank Fund to the payment of corrective action costs

23 for legacy sites that meet one or more of the following

24 criteria as a result of the underground storage tank release:

25 (i) the presence of free product, (ii) contamination within a

26 regulated recharge area, a wellhead protection area, or the

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1 setback zone of a potable water supply well, (iii)

2 contamination extending beyond the boundaries of the site

3 where the release occurred, or (iv) such other criteria as may

4 be adopted in Agency rules.

5 (1) Fund moneys committed under this subsection (e)

6 shall be held in the Fund for payment of the corrective

7 action costs for which the moneys were committed.

8 (2) The Agency may adopt rules governing the

9 commitment of Fund moneys under this subsection (e).

10 (3) This subsection (e) does not limit the use of Fund

11 moneys at legacy sites as otherwise provided under this

12 Title.

13 (4) For the purposes of this subsection (e), the term

14 "legacy site" means a site for which (i) an underground

15 storage tank release was reported prior to January 1,

16 2005, (ii) the owner or operator has been determined

17 eligible to receive payment from the Fund for corrective

18 action costs, and (iii) the Agency did not receive any

19 applications for payment prior to January 1, 2010.

20 (f) Beginning July 1, 2013, if the amounts deposited into

21 the Fund from moneys received by the Office of the State Fire

22 Marshal as fees for underground storage tanks under Sections 4

23 and 5 of the Gasoline Storage Act and as fees pursuant to the

24 Motor Fuel Tax Law during a State fiscal year are sufficient to

25 pay all claims for payment by the fund received during that

26 State fiscal year, then the amount of any payments into the

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1 fund pursuant to the Use Tax Act, the Service Use Tax Act, the

2 Service Occupation Tax Act, and the Retailers' Occupation Tax

3 Act during that State fiscal year shall be deposited as

4 follows: 75% thereof shall be paid into the State treasury and

5 25% shall be reserved in a special account and used only for

6 the transfer to the Common School Fund as part of the monthly

7 transfer from the General Revenue Fund in accordance with

8 Section 8a of the State Finance Act.

9 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;

10 103-8, eff. 6-7-23.)

11 Section 5-78. The Open Space Lands Acquisition and

12 Development Act is amended by changing Section 3 as follows:

13 (525 ILCS 35/3) (from Ch. 85, par. 2103)

14 Sec. 3. From appropriations made from the Capital

15 Development Fund, Build Illinois Bond Fund or other available

16 or designated funds for such purposes, the Department shall

17 make grants to local governments as financial assistance for

18 the capital development and improvement of park, recreation or

19 conservation areas, marinas and shorelines, including planning

20 and engineering costs, and for the acquisition of open space

21 lands, including acquisition of easements and other property

22 interests less than fee simple ownership if the Department

23 determines that such property interests are sufficient to

24 carry out the purposes of this Act, subject to the conditions

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1 and limitations set forth in this Act.

2 No more than 10% of the amount so appropriated for any

3 fiscal year may be committed or expended on any one project

4 described in an application under this Act.

5 Except for grants awarded from new appropriations in

6 fiscal years ~~year~~ 2023 through ~~and~~ fiscal year 2025 ~~2024~~, any

7 grant under this Act to a local government shall be

8 conditioned upon the state providing assistance on a 50/50

9 matching basis for the acquisition of open space lands and for

10 capital development and improvement proposals. However, a

11 local government defined as "distressed" under criteria

12 adopted by the Department through administrative rule shall be

13 eligible for assistance up to 90% for the acquisition of open

14 space lands and for capital development and improvement

15 proposals, provided that no more than 10% of the amount

16 appropriated under this Act in any fiscal year is made

17 available as grants to distressed local governments. For

18 grants awarded from new appropriations in fiscal years ~~year~~

19 2023 through ~~and~~ fiscal year 2025 ~~2024~~ only, a local

20 government defined as "distressed" is eligible for assistance

21 up to 100% for the acquisition of open space lands and for

22 capital development and improvement proposals. The Department

23 may make more than 10% of the amount appropriated in fiscal

24 years ~~year~~ 2023 through ~~and~~ fiscal year 2025 ~~2024~~ available as

25 grants to distressed local governments.

26 An advance payment of a minimum of 50% of any grant made to

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1 a unit of local government under this Act must be paid to the

2 unit of local government at the time the Department awards the

3 grant. A unit of local government may opt out of the advanced

4 payment option at the time of the award of the grant. The

5 remainder of the grant shall be distributed to the local

6 government quarterly on a reimbursement basis. The Department

7 shall consider an applicant's request for an extension to a

8 grant under this Act if (i) the advanced payment is expended or

9 legally obligated within the 2 years required by Section 5 of

10 the Illinois Grant Funds Recovery Act or (ii) no advanced

11 payment was made.

12 (Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22;

13 103-8, eff. 6-7-23.)

14 Section 5-80. The Illinois Aeronautics Act is amended by

15 changing Section 40 as follows:

16 (620 ILCS 5/40) (from Ch. 15 1/2, par. 22.40)

17 Sec. 40. Disposition of federal funds. All monies accepted

18 for disbursement by the Department pursuant to Section 38

19 shall be deposited into the Federal/State/Local Airport Fund,

20 which is established as a federal trust fund in the State

21 treasury to be held by ~~with~~ the State Treasurer as ex officio

22 ~~ex-officio~~ custodian. Moneys in the Federal/State/Local

23 Airport Fund ~~and~~ shall be disbursed upon a voucher or order of

24 Secretary of Transportation and paid by a warrant drawn by the

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1 State Comptroller and countersigned by the State Treasurer.

2 All such monies are to be expended in accordance with Federal

3 laws and rules and regulations thereunder and with this Act.

4 The Department is authorized, whether acting for this State or

5 as the agent of any of its municipalities or other political

6 subdivision, or when requested by the United States Government

7 or any agency or department thereof, subject to section 41,

8 disburse such monies for the designated purposes, but this

9 shall not preclude any other authorized method of

10 disbursement.

11 (Source: P.A. 81-840.)

12 Section 5-85. The Violent Crime Witness Protection Act is

13 amended by changing Sections 5, 10, 15, and 20 as follows:

14 (725 ILCS 173/5)

15 Sec. 5. Definitions ~~Definition~~. As used in this Act: ~~,~~

16 "Local law enforcement agency" has the meaning given in

17 Section 2 of the Illinois Police Training Act.

18 "Violent ~~violent~~ crime" has the meaning given ~~means a~~

19 ~~violent crime as that term is defined~~ in Section 3 of the

20 Rights of Crime Victims and Witnesses Act.

21 (Source: P.A. 102-756, eff. 5-10-22.)

22 (725 ILCS 173/10)

23 Sec. 10. Financial Assistance Program. The ~~No later than~~

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1 ~~January 1, 2023, the~~ Illinois Criminal Justice Information

2 Authority~~, in consultation with the Office of the Attorney~~

3 ~~General,~~ shall establish a program to provide financial

4 assistance to State's Attorney's offices and local law

5 enforcement agencies for the establishment and maintenance of

6 violent crime witness protection programs. Grantees shall use

7 funds to assist victims and witnesses who are actively aiding

8 in the prosecution of perpetrators of violent crime, and

9 appropriate related persons or victims and witnesses

10 determined by the Authority to be at risk of a discernible

11 threat of violent crime. ~~The program shall be administered by~~

12 ~~the Illinois Criminal Justice Information Authority. The~~

13 ~~program shall offer, among other things, financial assistance,~~

14 ~~including financial assistance on an emergency basis, that may~~

15 ~~be provided upon application by a State's Attorney or the~~

16 ~~Attorney General, or a chief executive of a police agency from~~

17 ~~funds deposited in the Violent Crime Witness Protection~~

18 ~~Program Fund and appropriated from that Fund for the purposes~~

19 ~~of this Act.~~

20 (Source: P.A. 102-756, eff. 5-10-22.)

21 (725 ILCS 173/15)

22 Sec. 15. Funding. The Illinois Criminal Justice

23 Information Authority, in consultation with the Office of the

24 Attorney General, shall adopt rules for the implementation of

25 the Violent Crime Witness Protection Program. The Program

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1 ~~Assistance~~ shall be subject to the following limitations:

2 (a) Grant funds may be used to reimburse grantees for

3 expenses associated with preexisting violent crime witness

4 protection programs, including, but not limited to, ~~Funds~~

5 ~~shall be limited to payment of~~ the following:

6 (1) emergency or temporary living costs;

7 (2) moving expenses;

8 (3) rent;

9 (3.5) utilities;

10 (4) security deposits for rent and utilities;

11 (5) other appropriate expenses of relocation or

12 transition;

13 (6) mental health treatment; ~~and~~

14 (7) lost wage assistance; and

15 (8) administrative costs.

16 (b) Approval of applications made by State's Attorneys

17 shall be conditioned upon county funding for costs at a

18 level of at least 25%, unless this requirement is waived

19 by the administrator, in accordance with adopted rules,

20 for good cause shown.

21 (c) (Blank). ~~Counties providing assistance consistent~~

22 ~~with the limitations in this Act may apply for~~

23 ~~reimbursement of up to 75% of their costs.~~

24 (d) No more than 50% of funding available in any given

25 fiscal year may be used for costs associated with any

26 single county.

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1 (d-5) Grant funds ~~Funds~~ may also be ~~requested by local~~

2 ~~law enforcement agencies and, notwithstanding subsection~~

3 ~~(a),~~ used to establish ~~local~~ violent crime witness

4 protection programs.

5 (e) Before the Illinois Criminal Justice Information

6 Authority distributes moneys from the Violent Crime

7 Witness Protection Program Fund as provided in this

8 Section, it shall retain 5% of those moneys for

9 administrative purposes.

10 (f) (Blank). ~~Direct reimbursement is allowed in whole~~

11 ~~or in part.~~

12 (g) Implementation of the Violent Crime Witness

13 Protection Program is subject to appropriation ~~contingent~~

14 ~~upon and subject to there being made sufficient~~

15 ~~appropriations for implementation of that program~~.

16 (Source: P.A. 102-756, eff. 5-10-22.)

17 (725 ILCS 173/20)

18 Sec. 20. Violent Crime Witness Protection Program Fund.

19 There is created in the State treasury the Violent Crime

20 Witness Protection Program Fund into which shall be deposited

21 appropriated funds, grants, or other funds made available to

22 the Illinois Criminal Justice Information Authority to assist

23 State's Attorneys and local law enforcement agencies ~~the~~

24 ~~Attorney General~~ in protecting victims and witnesses who are

25 aiding in the prosecution of perpetrators of violent crime,

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1 and appropriate related persons or victims and witnesses

2 determined by the Authority to be at risk of a discernible

3 threat of violent crime.

4 (Source: P.A. 102-756, eff. 5-10-22.)

5 Section 5-90. The Revised Uniform Unclaimed Property Act

6 is amended by changing Section 15-801 as follows:

7 (765 ILCS 1026/15-801)

8 Sec. 15-801. Deposit of funds by administrator.

9 (a) Except as otherwise provided in this Section, the

10 administrator shall deposit in the Unclaimed Property Trust

11 Fund all funds received under this Act, including proceeds

12 from the sale of property under Article 7. The administrator

13 may deposit any amount in the Unclaimed Property Trust Fund

14 into the State Pensions Fund during the fiscal year at his or

15 her discretion; however, he or she shall, on April 15 and

16 October 15 of each year, deposit any amount in the Unclaimed

17 Property Trust Fund exceeding $2,500,000 into the State

18 Pensions Fund. If on either April 15 or October 15, the

19 administrator determines that a balance of $2,500,000 is

20 insufficient for the prompt payment of unclaimed property

21 claims authorized under this Act, the administrator may retain

22 more than $2,500,000 in the Unclaimed Property Trust Fund in

23 order to ensure the prompt payment of claims. Beginning in

24 State fiscal year 2026 ~~2025~~, all amounts that are deposited

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1 into the State Pensions Fund from the Unclaimed Property Trust

2 Fund shall be apportioned to the designated retirement systems

3 as provided in subsection (c-6) of Section 8.12 of the State

4 Finance Act to reduce their actuarial reserve deficiencies.

5 (b) The administrator shall make prompt payment of claims

6 he or she duly allows as provided for in this Act from the

7 Unclaimed Property Trust Fund. This shall constitute an

8 irrevocable and continuing appropriation of all amounts in the

9 Unclaimed Property Trust Fund necessary to make prompt payment

10 of claims duly allowed by the administrator pursuant to this

11 Act.

12 (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;

13 103-8, eff. 6-7-23.)

14 Section 5-95. The Unemployment Insurance Act is amended by

15 changing Section 2103 as follows:

16 (820 ILCS 405/2103) (from Ch. 48, par. 663)

17 Sec. 2103. Unemployment compensation administration and

18 other workforce development costs. All moneys received by the

19 State or by the Department from any source for the financing of

20 the cost of administration of this Act, including all federal

21 moneys allotted or apportioned to the State or to the

22 Department for that purpose, including moneys received

23 directly or indirectly from the federal government under the

24 Job Training Partnership Act, and including moneys received

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1 from the Railroad Retirement Board as compensation for

2 services or facilities supplied to said Board, or any moneys

3 made available by this State or its political subdivisions and

4 matched by moneys granted to this State pursuant to the

5 provisions of the Wagner-Peyser Act, shall be received and

6 held by the State Treasurer as ex officio ~~ex-officio~~ custodian

7 thereof, separate and apart from all other State moneys, in

8 the Title III Social Security and Employment Fund, and such

9 funds shall be distributed or expended upon the direction of

10 the Director and, except money received pursuant to the last

11 paragraph of Section 2100B, shall be distributed or expended

12 solely for the purposes and in the amounts found necessary by

13 the Secretary of Labor of the United States of America, or

14 other appropriate federal agency, for the proper and efficient

15 administration of this Act. Notwithstanding any provision of

16 this Section, all money requisitioned and deposited with the

17 State Treasurer pursuant to the last paragraph of Section

18 2100B shall remain part of the unemployment trust fund and

19 shall be used only in accordance with the conditions specified

20 in the last paragraph of Section 2100B.

21 If any moneys received from the Secretary of Labor, or

22 other appropriate federal agency, under Title III of the

23 Social Security Act, or any moneys granted to this State

24 pursuant to the provisions of the Wagner-Peyser Act, or any

25 moneys made available by this State or its political

26 subdivisions and matched by moneys granted to this State

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1 pursuant to the provisions of the Wagner-Peyser Act, are found

2 by the Secretary of Labor, or other appropriate Federal

3 agency, because of any action or contingency, to have been

4 lost or expended for purposes other than, or in amounts in

5 excess of, those found necessary, by the Secretary of Labor,

6 or other appropriate Federal agency, for the proper

7 administration of this Act, it is the policy of this State that

8 such moneys shall be replaced by moneys appropriated for such

9 purpose from the general funds of this State for expenditure

10 as provided in the first paragraph of this Section. The

11 Director shall report to the Governor's Office of Management

12 and Budget, in the same manner as is provided generally for the

13 submission by State Departments of financial requirements for

14 the ensuing fiscal year, and the Governor shall include in his

15 budget report to the next regular session of the General

16 Assembly, the amount required for such replacement.

17 Moneys in the Title III Social Security and Employment

18 Fund shall not be commingled with other State funds, but they

19 shall be deposited as required by law and maintained in a

20 separate account on the books of a savings and loan

21 association or bank.

22 The State Treasurer shall be liable on his general

23 official bond for the faithful performance of his duties as

24 custodian of all moneys in the Title III Social Security and

25 Employment Fund. Such liability on his official bond shall

26 exist in addition to the liability upon any separate bond

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1 given by him. All sums recovered for losses sustained by the

2 fund herein described shall be deposited therein.

3 Upon the effective date of Public Act 85-956 ~~this~~

4 ~~amendatory Act of 1987~~ (January 1, 1988), the Comptroller

5 shall transfer all unobligated funds from the Job Training

6 Fund into the Title III Social Security and Employment Fund.

7 On September 1, 2000, or as soon thereafter as may be

8 reasonably practicable, the State Comptroller shall transfer

9 all unobligated moneys from the Job Training Partnership Fund

10 into the Title III Social Security and Employment Fund. The

11 moneys transferred pursuant to Public Act 91-704 ~~this~~

12 ~~amendatory Act~~ may be used or expended for purposes consistent

13 with the conditions under which those moneys were received by

14 the State.

15 Beginning on July 1, 2000 (the effective date of Public

16 Act 91-704) ~~this amendatory Act of the 91st General Assembly~~,

17 all moneys that would otherwise be deposited into the Job

18 Training Partnership Fund shall instead be deposited into the

19 Title III Social Security and Employment Fund, to be used for

20 purposes consistent with the conditions under which those

21 moneys are received by the State, except that any moneys that

22 may be necessary to pay liabilities outstanding as of June 30,

23 2000 shall be deposited into the Job Training Partnership

24 Fund.

25 On July 1, 2024, or as soon thereafter as practical, after

26 making all necessary payments to the Federal Emergency

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1 Management Agency related to the federal Lost Wages Assistance

2 program, the Director shall report to the Governor's Office of

3 Management and Budget all amounts remaining in the Title III

4 Social Security and Employment Fund from an appropriation to

5 the Department for the purpose of making payments to the

6 Federal Emergency Management Agency. At the direction of the

7 Director of the Governor's Office of Management and Budget,

8 the Comptroller shall direct and the Treasurer shall transfer

9 the reported amount from the Title III Social Security and

10 Employment Fund to the General Revenue Fund.

11 (Source: P.A. 97-791, eff. 1-1-13.)

12 Article 10.

13 Section 10-5. The Illinois Administrative Procedure Act is

14 amended by adding Sections 5-45.55 and 5-45.56 as follows:

15 (5 ILCS 100/5-45.55 new)

16 Sec. 5-45.55. Emergency rulemaking; Substance Use Disorder

17 Act. To provide for the expeditious and timely implementation

18 of the changes made to Section 55-30 of the Substance Use

19 Disorder Act by this amendatory Act of the 103rd General

20 Assembly, emergency rules implementing the changes made to

21 that Section by this amendatory Act of the 103rd General

22 Assembly may be adopted in accordance with Section 5-45 by the

23 Department of Human Services or other department essential to

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1 the implementation of the changes. The adoption of emergency

2 rules authorized by Section 5-45 and this Section is deemed to

3 be necessary for the public interest, safety, and welfare.

4 This Section is repealed one year after the effective date

5 of this Section.

6 (5 ILCS 100/5-45.56 new)

7 Sec. 5-45.56. Emergency rulemaking; Illinois Public Aid

8 Code. To provide for the expeditious and timely implementation

9 of the changes made to the Illinois Public Aid Code by this

10 amendatory Act of the 103rd General Assembly, emergency rules

11 implementing the changes made to that Code by this amendatory

12 Act of the 103rd General Assembly may be adopted in accordance

13 with Section 5-45 by the Department of Healthcare and Family

14 Services, the Department of Human Services, or other

15 departments essential to the implementation of the changes.

16 The adoption of emergency rules authorized by Section 5-45 and

17 this Section is deemed to be necessary for the public

18 interest, safety, and welfare.

19 This Section is repealed one year after the effective date

20 of this Section.

21 Section 10-10. The Substance Use Disorder Act is amended

22 by changing Section 55-30 as follows:

23 (20 ILCS 301/55-30)

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1 Sec. 55-30. Rate increase.

2 (a) The Department shall by rule develop the increased

3 rate methodology and annualize the increased rate beginning

4 with State fiscal year 2018 contracts to licensed providers of

5 community-based substance use disorder intervention or

6 treatment, based on the additional amounts appropriated for

7 the purpose of providing a rate increase to licensed

8 providers. The Department shall adopt rules, including

9 emergency rules under subsection (y) of Section 5-45 of the

10 Illinois Administrative Procedure Act, to implement the

11 provisions of this Section.

12 (b) (Blank).

13 (c) Beginning on July 1, 2022, the Division of Substance

14 Use Prevention and Recovery shall increase reimbursement rates

15 for all community-based substance use disorder treatment and

16 intervention services by 47%, including, but not limited to,

17 all of the following:

18 (1) Admission and Discharge Assessment.

19 (2) Level 1 (Individual).

20 (3) Level 1 (Group).

21 (4) Level 2 (Individual).

22 (5) Level 2 (Group).

23 (6) Case Management.

24 (7) Psychiatric Evaluation.

25 (8) Medication Assisted Recovery.

26 (9) Community Intervention.

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1 (10) Early Intervention (Individual).

2 (11) Early Intervention (Group).

3 Beginning in State Fiscal Year 2023, and every State

4 fiscal year thereafter, reimbursement rates for those

5 community-based substance use disorder treatment and

6 intervention services shall be adjusted upward by an amount

7 equal to the Consumer Price Index-U from the previous year,

8 not to exceed 2% in any State fiscal year. If there is a

9 decrease in the Consumer Price Index-U, rates shall remain

10 unchanged for that State fiscal year. The Department shall

11 adopt rules, including emergency rules in accordance with the

12 Illinois Administrative Procedure Act, to implement the

13 provisions of this Section.

14 As used in this Section, "Consumer Price Index-U"

15 ~~subsection, "consumer price index-u"~~ means the index published

16 by the Bureau of Labor Statistics of the United States

17 Department of Labor that measures the average change in prices

18 of goods and services purchased by all urban consumers, United

19 States city average, all items, 1982-84 = 100.

20 (d) Beginning on January 1, 2024, subject to federal

21 approval, the Division of Substance Use Prevention and

22 Recovery shall increase reimbursement rates for all ASAM level

23 3 residential/inpatient substance use disorder treatment and

24 intervention services by 30%, including, but not limited to,

25 the following services:

26 (1) ASAM level 3.5 Clinically Managed High-Intensity

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1 Residential Services for adults;

2 (2) ASAM level 3.5 Clinically Managed Medium-Intensity

3 Residential Services for adolescents;

4 (3) ASAM level 3.2 Clinically Managed Residential

5 Withdrawal Management;

6 (4) ASAM level 3.7 Medically Monitored Intensive

7 Inpatient Services for adults and Medically Monitored

8 High-Intensity Inpatient Services for adolescents; and

9 (5) ASAM level 3.1 Clinically Managed Low-Intensity

10 Residential Services for adults and adolescents.

11 (e) Beginning in State fiscal year 2025, and every State

12 fiscal year thereafter, reimbursement rates for licensed or

13 certified substance use disorder treatment providers of ASAM

14 Level 3 residential/inpatient services for persons with

15 substance use disorders shall be adjusted upward by an amount

16 equal to the Consumer Price Index-U from the previous year,

17 not to exceed 2% in any State fiscal year. If there is a

18 decrease in the Consumer Price Index-U, rates shall remain

19 unchanged for that State fiscal year. The Department shall

20 adopt rules, including emergency rules, in accordance with the

21 Illinois Administrative Procedure Act, to implement the

22 provisions of this Section.

23 (Source: P.A. 102-699, eff. 4-19-22; 103-102, eff. 6-16-23.)

24 (20 ILCS 302/Act rep.)

25 Section 10-15. The Substance Use Disorder Rate Equity Act

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1 is repealed.

2 (20 ILCS 303/Act rep.)

3 Section 10-20. The Substance Use Disorder Residential and

4 Detox Rate Equity Act is repealed.

5 (20 ILCS 2205/2205-31 rep.)

6 Section 10-25. The Department of Healthcare and Family

7 Services Law of the Civil Administrative Code of Illinois is

8 amended by repealing Section 2205-31.

9 Section 10-30. The Department of Public Health Powers and

10 Duties Law of the Civil Administrative Code of Illinois is

11 amended by adding Section 2310-730 as follows:

12 (20 ILCS 2310/2310-730 new)

13 Sec. 2310-730. Health care telementoring.

14 (a) Subject to appropriation, the Department shall

15 designate one or more health care telementoring entities based

16 on an application to be developed by the Department.

17 Applicants shall demonstrate a record of expertise and

18 demonstrated success in providing health care telementoring

19 services. The Department may adopt rules necessary for the

20 implementation of this Section. Funding may be provided based

21 on the number of health care providers or professionals who

22 are assisted by each approved health care telementoring entity

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1 and the hours of assistance provided to each health care

2 provider or professional in addition to other factors as

3 determined by the Director.

4 (b) In this Section:

5 "Health care providers or professionals" means individuals

6 trained to provide health care or related services. "Health

7 care providers or professionals" includes, but is not limited

8 to, physicians, nurses, physician assistants, speech language

9 pathologists, social workers, and school personnel involved in

10 screening for targeted conditions and providing support to

11 students impacted by those conditions.

12 "Health care telementoring" means a program:

13 (1) that is based on interactive video or phone

14 technology that connects groups of local health care

15 providers or professionals in urban and rural underserved

16 areas with specialists in regular real-time collaborative

17 sessions;

18 (2) that is designed around case-based learning and

19 mentorship; and

20 (3) that helps local health care providers or

21 professionals gain the expertise required to more

22 effectively provide needed services.

23 "Health care telementoring" includes, but is not limited

24 to, a program provided to improve services in one or more of a

25 variety of areas, including, but not limited to, chronic

26 disease, communicable disease, atypical vision or hearing,

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1 adolescent health, Hepatitis C, complex diabetes, geriatrics,

2 mental illness, opioid use disorders, substance use disorders,

3 maternity care, childhood adversity and trauma, pediatric

4 ADHD, congregate settings, including justice involved systems,

5 and other priorities identified by the Department.

6 Section 10-32. The State Finance Act is amended by adding

7 Sections 5.1017 and 6z-141 as follows:

8 (30 ILCS 105/5.1017 new)

9 Sec. 5.1017. The Health Equity and Access Fund.

10 (30 ILCS 105/6z-141 new)

11 Sec. 6z-141. Health Equity and Access Fund.

12 (a) The Health Equity and Access Fund is hereby created as

13 a special fund in the State treasury and may receive moneys

14 from any source, public or private, including moneys

15 appropriated to the Department of Healthcare and Family

16 Services. Interest earned on moneys in the Fund shall be

17 deposited into the Fund.

18 (b) Subject to appropriation, moneys in the Fund may be

19 used by the Department of Healthcare and Family Services to

20 pay for medical expenses or grants that advance health equity

21 initiatives in Illinois.

22 (c) The Department of Healthcare and Family Services may

23 adopt rules to implement and administer the health equity

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1 initiative described in this Section.

2 Section 10-35. The Illinois Public Aid Code is amended by

3 changing Sections 5-47 and 16-2 and by adding Section 12-4.13e

4 as follows:

5 (305 ILCS 5/5-47)

6 Sec. 5-47. Medicaid reimbursement rates; substance use

7 disorder treatment providers and facilities.

8 (a) Beginning on January 1, 2024, subject to federal

9 approval, the Department of Healthcare and Family Services, in

10 conjunction with the Department of Human Services' Division of

11 Substance Use Prevention and Recovery, shall provide a 30%

12 increase in reimbursement rates for all Medicaid-covered ASAM

13 Level 3 residential/inpatient substance use disorder treatment

14 services.

15 No existing or future reimbursement rates or add-ons shall

16 be reduced or changed to address this proposed rate increase.

17 No later than 3 months after June 16, 2023 (the effective date

18 of Public Act 103-102) ~~this amendatory Act of the 103rd~~

19 ~~General Assembly~~, the Department of Healthcare and Family

20 Services shall submit any necessary application to the federal

21 Centers for Medicare and Medicaid Services to implement the

22 requirements of this Section.

23 (a-5) Beginning in State fiscal year 2025, and every State

24 fiscal year thereafter, reimbursement rates for licensed or

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1 certified substance use disorder treatment providers of ASAM

2 Level 3 residential/inpatient services for persons with

3 substance use disorders shall be adjusted upward by an amount

4 equal to the Consumer Price Index-U from the previous year,

5 not to exceed 2% in any State fiscal year. If there is a

6 decrease in the Consumer Price Index-U, rates shall remain

7 unchanged for that State fiscal year. The Department shall

8 adopt rules, including emergency rules, in accordance with the

9 Illinois Administrative Procedure Act, to implement the

10 provisions of this Section.

11 As used in this Section, "Consumer Price Index-U" means

12 the index published by the Bureau of Labor Statistics of the

13 United States Department of Labor that measures the average

14 change in prices of goods and services purchased by all urban

15 consumers, United States city average, all items, 1982-84 =

16 100.

17 (b) Parity in community-based behavioral health rates;

18 implementation plan for cost reporting. For the purpose of

19 understanding behavioral health services cost structures and

20 their impact on the Medical Assistance Program, the Department

21 of Healthcare and Family Services shall engage stakeholders to

22 develop a plan for the regular collection of cost reporting

23 for all entity-based substance use disorder providers. Data

24 shall be used to inform on the effectiveness and efficiency of

25 Illinois Medicaid rates. The Department and stakeholders shall

26 develop a plan by April 1, 2024. The Department shall engage

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1 stakeholders on implementation of the plan. The plan, at

2 minimum, shall consider all of the following:

3 (1) Alignment with certified community behavioral

4 health clinic requirements, standards, policies, and

5 procedures.

6 (2) Inclusion of prospective costs to measure what is

7 needed to increase services and capacity.

8 (3) Consideration of differences in collection and

9 policies based on the size of providers.

10 (4) Consideration of additional administrative time

11 and costs.

12 (5) Goals, purposes, and usage of data collected from

13 cost reports.

14 (6) Inclusion of qualitative data in addition to

15 quantitative data.

16 (7) Technical assistance for providers for completing

17 cost reports including initial training by the Department

18 for providers.

19 (8) Implementation of a timeline which allows an

20 initial grace period for providers to adjust internal

21 procedures and data collection.

22 Details from collected cost reports shall be made publicly

23 available on the Department's website and costs shall be used

24 to ensure the effectiveness and efficiency of Illinois

25 Medicaid rates.

26 (c) Reporting; access to substance use disorder treatment

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1 services and recovery supports. By no later than April 1,

2 2024, the Department of Healthcare and Family Services, with

3 input from the Department of Human Services' Division of

4 Substance Use Prevention and Recovery, shall submit a report

5 to the General Assembly regarding access to treatment services

6 and recovery supports for persons diagnosed with a substance

7 use disorder. The report shall include, but is not limited to,

8 the following information:

9 (1) The number of providers enrolled in the Illinois

10 Medical Assistance Program certified to provide substance

11 use disorder treatment services, aggregated by ASAM level

12 of care, and recovery supports.

13 (2) The number of Medicaid customers in Illinois with

14 a diagnosed substance use disorder receiving substance use

15 disorder treatment, aggregated by provider type and ASAM

16 level of care.

17 (3) A comparison of Illinois' substance use disorder

18 licensure and certification requirements with those of

19 comparable state Medicaid programs.

20 (4) Recommendations for and an analysis of the impact

21 of aligning reimbursement rates for outpatient substance

22 use disorder treatment services with reimbursement rates

23 for community-based mental health treatment services.

24 (5) Recommendations for expanding substance use

25 disorder treatment to other qualified provider entities

26 and licensed professionals of the healing arts. The

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1 recommendations shall include an analysis of the

2 opportunities to maximize the flexibilities permitted by

3 the federal Centers for Medicare and Medicaid Services for

4 expanding access to the number and types of qualified

5 substance use disorder providers.

6 (Source: P.A. 103-102, eff. 6-16-23; revised 9-26-23.)

7 (305 ILCS 5/12-4.13e new)

8 Sec. 12-4.13e. Summer EBT Program.

9 (a) Subject to federal approval, the Department of Human

10 Services may establish and participate in the federal Summer

11 Electronic Benefit Transfer Program for Children, which may be

12 referred to as the Summer EBT Program.

13 (b) The Summer EBT Program Fund is established as a

14 federal trust fund in the State treasury. The fund is

15 established to receive moneys from the federal government for

16 the Summer EBT Program. Subject to appropriation, moneys in

17 the Summer EBT Program Fund shall be expended by the

18 Department of Human Services only for those purposes permitted

19 under the federal Summer Electronic Benefit Transfer Program

20 for Children.

21 (c) The Department of Human Services is authorized to

22 adopt any rules, including emergency rules, necessary to

23 implement the provisions of this Section.

24 (305 ILCS 5/16-2)

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1 Sec. 16-2. Eligibility. Subject to available funding, a ~~A~~

2 foreign-born victim of trafficking, torture, or other serious

3 crimes and the individual's ~~his or her~~ derivative family

4 members, but not a single adult without derivative family

5 members, are eligible for cash assistance or SNAP benefits

6 under this Article if the individual:

7 (a) has filed ~~he or she~~:

8 (1) ~~has filed or is preparing to file~~ an

9 application for T Nonimmigrant status with the

10 appropriate federal agency pursuant to Section

11 1101(a)(15)(T) of Title 8 of the United States Code,

12 or is otherwise taking steps to meet the conditions

13 for federal benefits eligibility under Section 7105 of

14 Title 22 of the United States Code;

15 (2) ~~has filed or is preparing to file~~ a formal

16 application with the appropriate federal agency for

17 status pursuant to Section 1101(a)(15)(U) of Title 8

18 of the United States Code; or

19 (3) ~~has filed or is preparing to file~~ a formal

20 application with the appropriate federal agency for

21 status under Section 1158 of Title 8 of the United

22 States Code; and

23 (b) ~~he or she~~ is otherwise eligible for cash assistance or

24 SNAP benefits, as applicable.

25 An individual residing in an institution or other setting

26 that provides the majority of the individual's daily meals is

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1 not eligible for SNAP benefits.

2 (Source: P.A. 99-870, eff. 8-22-16; 100-201, eff. 8-18-17.)

3 Section 10-40. The Intergenerational Poverty Act is

4 amended by changing Section 95-504 as follows:

5 (305 ILCS 70/95-504)

6 Sec. 95-504. Duties of the Director of the Governor's

7 Office of Management and Budget. The Director of the

8 Governor's Office of Management and Budget shall include in

9 the materials submitted to the General Assembly outlining the

10 Governor's proposed annual budget a description of any budget

11 proposals or other activities, ongoing projects, and plans of

12 the executive branch designed to meet the goals and objectives

13 of the strategic plan and any other information related to the

14 proposed annual budget that the Director of the Governor's

15 Office of Management and Budget believes furthers the goals

16 and objectives of the strategic plan. ~~The information shall~~

17 ~~include the following:~~

18 ~~(1) An accounting of the savings to the State from any~~

19 ~~increased efficiencies in the delivery of services.~~

20 ~~(2) Any savings realized from reducing the number of~~

21 ~~individuals living in poverty and reducing the demand for~~

22 ~~need-based services and benefits.~~

23 ~~(3) A projection of any increase in revenue~~

24 ~~collections due to any increase in the number of~~

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1 ~~individuals who become employed and pay taxes into the~~

2 ~~State treasury.~~

3 ~~(4) Any other information related to the proposed~~

4 ~~annual budget that the Director of the Governor's Office~~

5 ~~of Management and Budget believes furthers the goals and~~

6 ~~objectives of the strategic plan.~~

7 (Source: P.A. 101-636, eff. 6-10-20.)

8 Article 15.

9 Section 15-5. The Illinois Pension Code is amended by

10 changing Sections 2-134, 14-131, 15-165, 16-158, and 18-140 as

11 follows:

12 (40 ILCS 5/2-134) (from Ch. 108 1/2, par. 2-134)

13 Sec. 2-134. To certify required State contributions and

14 submit vouchers.

15 (a) The Board shall certify to the Governor on or before

16 December 15 of each year until December 15, 2011 the amount of

17 the required State contribution to the System for the next

18 fiscal year and shall specifically identify the System's

19 projected State normal cost for that fiscal year. The

20 certification shall include a copy of the actuarial

21 recommendations upon which it is based and shall specifically

22 identify the System's projected State normal cost for that

23 fiscal year.

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1 On or before November 1 of each year, beginning November

2 1, 2012, the Board shall submit to the State Actuary, the

3 Governor, and the General Assembly a proposed certification of

4 the amount of the required State contribution to the System

5 for the next fiscal year, along with all of the actuarial

6 assumptions, calculations, and data upon which that proposed

7 certification is based. On or before January 1 of each year

8 beginning January 1, 2013, the State Actuary shall issue a

9 preliminary report concerning the proposed certification and

10 identifying, if necessary, recommended changes in actuarial

11 assumptions that the Board must consider before finalizing its

12 certification of the required State contributions. On or

13 before January 15, 2013 and every January 15 thereafter, the

14 Board shall certify to the Governor and the General Assembly

15 the amount of the required State contribution for the next

16 fiscal year. The Board's certification must note any

17 deviations from the State Actuary's recommended changes, the

18 reason or reasons for not following the State Actuary's

19 recommended changes, and the fiscal impact of not following

20 the State Actuary's recommended changes on the required State

21 contribution.

22 On or before May 1, 2004, the Board shall recalculate and

23 recertify to the Governor the amount of the required State

24 contribution to the System for State fiscal year 2005, taking

25 into account the amounts appropriated to and received by the

26 System under subsection (d) of Section 7.2 of the General

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1 Obligation Bond Act.

2 On or before July 1, 2005, the Board shall recalculate and

3 recertify to the Governor the amount of the required State

4 contribution to the System for State fiscal year 2006, taking

5 into account the changes in required State contributions made

6 by this amendatory Act of the 94th General Assembly.

7 On or before April 1, 2011, the Board shall recalculate

8 and recertify to the Governor the amount of the required State

9 contribution to the System for State fiscal year 2011,

10 applying the changes made by Public Act 96-889 to the System's

11 assets and liabilities as of June 30, 2009 as though Public Act

12 96-889 was approved on that date.

13 By November 1, 2017, the Board shall recalculate and

14 recertify to the State Actuary, the Governor, and the General

15 Assembly the amount of the State contribution to the System

16 for State fiscal year 2018, taking into account the changes in

17 required State contributions made by this amendatory Act of

18 the 100th General Assembly. The State Actuary shall review the

19 assumptions and valuations underlying the Board's revised

20 certification and issue a preliminary report concerning the

21 proposed recertification and identifying, if necessary,

22 recommended changes in actuarial assumptions that the Board

23 must consider before finalizing its certification of the

24 required State contributions. The Board's final certification

25 must note any deviations from the State Actuary's recommended

26 changes, the reason or reasons for not following the State

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1 Actuary's recommended changes, and the fiscal impact of not

2 following the State Actuary's recommended changes on the

3 required State contribution.

4 (b) Unless otherwise directed by the Comptroller under

5 subsection (b-1), ~~Beginning in State fiscal year 1996, on or~~

6 ~~as soon as possible after the 15th day of each month~~ the Board

7 shall submit vouchers for payment of State contributions to

8 the System for the applicable month on the 15th day of each

9 month, or as soon thereafter as may be practicable. The amount

10 vouchered for a monthly payment shall total ~~, in a total~~

11 ~~monthly amount of~~ one-twelfth of the required annual State

12 contribution certified under subsection (a).

13 (b-1) Beginning in State fiscal year 2025, if the

14 Comptroller requests that the Board submit, during a State

15 fiscal year, vouchers for multiple monthly payments for

16 advance payment of State contributions due to the System for

17 that State fiscal year, then the Board shall submit those

18 additional monthly vouchers as directed by the Comptroller,

19 notwithstanding subsection (b). Unless an act of

20 appropriations provides otherwise, nothing in this Section

21 authorizes the Board to submit, in a State fiscal year,

22 vouchers for the payment of State contributions to the System

23 in an amount that exceeds the rate of payroll that is certified

24 by the System under this Section for that State fiscal year.

25 ~~From the effective date of this amendatory Act of the 93rd~~

26 ~~General Assembly through June 30, 2004, the Board shall not~~

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1 ~~submit vouchers for the remainder of fiscal year 2004 in~~

2 ~~excess of the fiscal year 2004 certified contribution amount~~

3 ~~determined under this Section after taking into consideration~~

4 ~~the transfer to the System under subsection (d) of Section~~

5 ~~6z-61 of the State Finance Act.~~

6 (b-2) The ~~These~~ vouchers described in subsections (b) and

7 (b-1) shall be paid by the State Comptroller and Treasurer by

8 warrants drawn on the funds appropriated to the System for

9 that fiscal year.

10 If in any month the amount remaining unexpended from all

11 other appropriations to the System for the applicable fiscal

12 year (including the appropriations to the System under Section

13 8.12 of the State Finance Act and Section 1 of the State

14 Pension Funds Continuing Appropriation Act) is less than the

15 amount lawfully vouchered under this Section, the difference

16 shall be paid from the General Revenue Fund under the

17 continuing appropriation authority provided in Section 1.1 of

18 the State Pension Funds Continuing Appropriation Act.

19 (c) The full amount of any annual appropriation for the

20 System for State fiscal year 1995 shall be transferred and

21 made available to the System at the beginning of that fiscal

22 year at the request of the Board. Any excess funds remaining at

23 the end of any fiscal year from appropriations shall be

24 retained by the System as a general reserve to meet the

25 System's accrued liabilities.

26 (Source: P.A. 100-23, eff. 7-6-17.)

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1 (40 ILCS 5/14-131)

2 Sec. 14-131. Contributions by State.

3 (a) The State shall make contributions to the System by

4 appropriations of amounts which, together with other employer

5 contributions from trust, federal, and other funds, employee

6 contributions, investment income, and other income, will be

7 sufficient to meet the cost of maintaining and administering

8 the System on a 90% funded basis in accordance with actuarial

9 recommendations.

10 For the purposes of this Section and Section 14-135.08,

11 references to State contributions refer only to employer

12 contributions and do not include employee contributions that

13 are picked up or otherwise paid by the State or a department on

14 behalf of the employee.

15 (b) The Board shall determine the total amount of State

16 contributions required for each fiscal year on the basis of

17 the actuarial tables and other assumptions adopted by the

18 Board, using the formula in subsection (e).

19 The Board shall also determine a State contribution rate

20 for each fiscal year, expressed as a percentage of payroll,

21 based on the total required State contribution for that fiscal

22 year (less the amount received by the System from

23 appropriations under Section 8.12 of the State Finance Act and

24 Section 1 of the State Pension Funds Continuing Appropriation

25 Act, if any, for the fiscal year ending on the June 30

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1 immediately preceding the applicable November 15 certification

2 deadline), the estimated payroll (including all forms of

3 compensation) for personal services rendered by eligible

4 employees, and the recommendations of the actuary.

5 For the purposes of this Section and Section 14.1 of the

6 State Finance Act, the term "eligible employees" includes

7 employees who participate in the System, persons who may elect

8 to participate in the System but have not so elected, persons

9 who are serving a qualifying period that is required for

10 participation, and annuitants employed by a department as

11 described in subdivision (a)(1) or (a)(2) of Section 14-111.

12 (c) Contributions shall be made by the several departments

13 for each pay period by warrants drawn by the State Comptroller

14 against their respective funds or appropriations based upon

15 vouchers stating the amount to be so contributed. These

16 amounts shall be based on the full rate certified by the Board

17 under Section 14-135.08 for that fiscal year. From March 5,

18 2004 (the effective date of Public Act 93-665) through the

19 payment of the final payroll from fiscal year 2004

20 appropriations, the several departments shall not make

21 contributions for the remainder of fiscal year 2004 but shall

22 instead make payments as required under subsection (a-1) of

23 Section 14.1 of the State Finance Act. The several departments

24 shall resume those contributions at the commencement of fiscal

25 year 2005.

26 (c-1) Notwithstanding subsection (c) of this Section, for

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1 fiscal years 2010, 2012, and each fiscal year thereafter,

2 contributions by the several departments are not required to

3 be made for General Revenue Funds payrolls processed by the

4 Comptroller. Payrolls paid by the several departments from all

5 other State funds must continue to be processed pursuant to

6 subsection (c) of this Section.

7 (c-2) Unless otherwise directed by the Comptroller under

8 subsection (c-3), ~~For State fiscal years 2010, 2012, and each~~

9 ~~fiscal year thereafter, on or as soon as possible after the~~

10 ~~15th day of each month,~~ the Board shall submit vouchers for

11 payment of State contributions to the System for the

12 applicable month on the 15th day of each month, or as soon

13 thereafter as may be practicable. The amount vouchered for a

14 monthly payment shall total ~~, in a total monthly amount of~~

15 one-twelfth of the fiscal year General Revenue Fund

16 contribution as certified by the System pursuant to Section

17 14-135.08 of this ~~the Illinois Pension~~ Code.

18 (c-3) Beginning in State fiscal year 2025, if the

19 Comptroller requests that the Board submit, during a State

20 fiscal year, vouchers for multiple monthly payments for

21 advance payment of State contributions due to the System for

22 that State fiscal year, then the Board shall submit those

23 additional vouchers as directed by the Comptroller,

24 notwithstanding subsection (c-2). Unless an act of

25 appropriations provides otherwise, nothing in this Section

26 authorizes the Board to submit, in a State fiscal year,

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1 vouchers for the payment of State contributions to the System

2 in an amount that exceeds the rate of payroll that is certified

3 by the System under Section 14-135.08 for that State fiscal

4 year.

5 (d) If an employee is paid from trust funds or federal

6 funds, the department or other employer shall pay employer

7 contributions from those funds to the System at the certified

8 rate, unless the terms of the trust or the federal-State

9 agreement preclude the use of the funds for that purpose, in

10 which case the required employer contributions shall be paid

11 by the State.

12 (e) For State fiscal years 2012 through 2045, the minimum

13 contribution to the System to be made by the State for each

14 fiscal year shall be an amount determined by the System to be

15 sufficient to bring the total assets of the System up to 90% of

16 the total actuarial liabilities of the System by the end of

17 State fiscal year 2045. In making these determinations, the

18 required State contribution shall be calculated each year as a

19 level percentage of payroll over the years remaining to and

20 including fiscal year 2045 and shall be determined under the

21 projected unit credit actuarial cost method.

22 A change in an actuarial or investment assumption that

23 increases or decreases the required State contribution and

24 first applies in State fiscal year 2018 or thereafter shall be

25 implemented in equal annual amounts over a 5-year period

26 beginning in the State fiscal year in which the actuarial

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1 change first applies to the required State contribution.

2 A change in an actuarial or investment assumption that

3 increases or decreases the required State contribution and

4 first applied to the State contribution in fiscal year 2014,

5 2015, 2016, or 2017 shall be implemented:

6 (i) as already applied in State fiscal years before

7 2018; and

8 (ii) in the portion of the 5-year period beginning in

9 the State fiscal year in which the actuarial change first

10 applied that occurs in State fiscal year 2018 or

11 thereafter, by calculating the change in equal annual

12 amounts over that 5-year period and then implementing it

13 at the resulting annual rate in each of the remaining

14 fiscal years in that 5-year period.

15 For State fiscal years 1996 through 2005, the State

16 contribution to the System, as a percentage of the applicable

17 employee payroll, shall be increased in equal annual

18 increments so that by State fiscal year 2011, the State is

19 contributing at the rate required under this Section; except

20 that (i) for State fiscal year 1998, for all purposes of this

21 Code and any other law of this State, the certified percentage

22 of the applicable employee payroll shall be 5.052% for

23 employees earning eligible creditable service under Section

24 14-110 and 6.500% for all other employees, notwithstanding any

25 contrary certification made under Section 14-135.08 before

26 July 7, 1997 (the effective date of Public Act 90-65), and (ii)

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1 in the following specified State fiscal years, the State

2 contribution to the System shall not be less than the

3 following indicated percentages of the applicable employee

4 payroll, even if the indicated percentage will produce a State

5 contribution in excess of the amount otherwise required under

6 this subsection and subsection (a): 9.8% in FY 1999; 10.0% in

7 FY 2000; 10.2% in FY 2001; 10.4% in FY 2002; 10.6% in FY 2003;

8 and 10.8% in FY 2004.

9 Beginning in State fiscal year 2046, the minimum State

10 contribution for each fiscal year shall be the amount needed

11 to maintain the total assets of the System at 90% of the total

12 actuarial liabilities of the System.

13 Amounts received by the System pursuant to Section 25 of

14 the Budget Stabilization Act or Section 8.12 of the State

15 Finance Act in any fiscal year do not reduce and do not

16 constitute payment of any portion of the minimum State

17 contribution required under this Article in that fiscal year.

18 Such amounts shall not reduce, and shall not be included in the

19 calculation of, the required State contributions under this

20 Article in any future year until the System has reached a

21 funding ratio of at least 90%. A reference in this Article to

22 the "required State contribution" or any substantially similar

23 term does not include or apply to any amounts payable to the

24 System under Section 25 of the Budget Stabilization Act.

25 Notwithstanding any other provision of this Section, the

26 required State contribution for State fiscal year 2005 and for

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1 fiscal year 2008 and each fiscal year thereafter, as

2 calculated under this Section and certified under Section

3 14-135.08, shall not exceed an amount equal to (i) the amount

4 of the required State contribution that would have been

5 calculated under this Section for that fiscal year if the

6 System had not received any payments under subsection (d) of

7 Section 7.2 of the General Obligation Bond Act, minus (ii) the

8 portion of the State's total debt service payments for that

9 fiscal year on the bonds issued in fiscal year 2003 for the

10 purposes of that Section 7.2, as determined and certified by

11 the Comptroller, that is the same as the System's portion of

12 the total moneys distributed under subsection (d) of Section

13 7.2 of the General Obligation Bond Act.

14 (f) (Blank).

15 (g) For purposes of determining the required State

16 contribution to the System, the value of the System's assets

17 shall be equal to the actuarial value of the System's assets,

18 which shall be calculated as follows:

19 As of June 30, 2008, the actuarial value of the System's

20 assets shall be equal to the market value of the assets as of

21 that date. In determining the actuarial value of the System's

22 assets for fiscal years after June 30, 2008, any actuarial

23 gains or losses from investment return incurred in a fiscal

24 year shall be recognized in equal annual amounts over the

25 5-year period following that fiscal year.

26 (h) For purposes of determining the required State

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1 contribution to the System for a particular year, the

2 actuarial value of assets shall be assumed to earn a rate of

3 return equal to the System's actuarially assumed rate of

4 return.

5 (i) (Blank).

6 (j) (Blank).

7 (k) For fiscal year 2012 and each fiscal year thereafter,

8 after the submission of all payments for eligible employees

9 from personal services line items paid from the General

10 Revenue Fund in the fiscal year have been made, the

11 Comptroller shall provide to the System a certification of the

12 sum of all expenditures in the fiscal year for personal

13 services. Upon receipt of the certification, the System shall

14 determine the amount due to the System based on the full rate

15 certified by the Board under Section 14-135.08 for the fiscal

16 year in order to meet the State's obligation under this

17 Section. The System shall compare this amount due to the

18 amount received by the System for the fiscal year. If the

19 amount due is more than the amount received, the difference

20 shall be termed the "Prior Fiscal Year Shortfall" for purposes

21 of this Section, and the Prior Fiscal Year Shortfall shall be

22 satisfied under Section 1.2 of the State Pension Funds

23 Continuing Appropriation Act. If the amount due is less than

24 the amount received, the difference shall be termed the "Prior

25 Fiscal Year Overpayment" for purposes of this Section, and the

26 Prior Fiscal Year Overpayment shall be repaid by the System to

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1 the General Revenue Fund as soon as practicable after the

2 certification.

3 (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;

4 101-10, eff. 6-5-19.)

5 (40 ILCS 5/15-165) (from Ch. 108 1/2, par. 15-165)

6 Sec. 15-165. To certify amounts and submit vouchers.

7 (a) The Board shall certify to the Governor on or before

8 November 15 of each year until November 15, 2011 the

9 appropriation required from State funds for the purposes of

10 this System for the following fiscal year. The certification

11 under this subsection (a) shall include a copy of the

12 actuarial recommendations upon which it is based and shall

13 specifically identify the System's projected State normal cost

14 for that fiscal year and the projected State cost for the

15 self-managed plan for that fiscal year.

16 On or before May 1, 2004, the Board shall recalculate and

17 recertify to the Governor the amount of the required State

18 contribution to the System for State fiscal year 2005, taking

19 into account the amounts appropriated to and received by the

20 System under subsection (d) of Section 7.2 of the General

21 Obligation Bond Act.

22 On or before July 1, 2005, the Board shall recalculate and

23 recertify to the Governor the amount of the required State

24 contribution to the System for State fiscal year 2006, taking

25 into account the changes in required State contributions made

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1 by this amendatory Act of the 94th General Assembly.

2 On or before April 1, 2011, the Board shall recalculate

3 and recertify to the Governor the amount of the required State

4 contribution to the System for State fiscal year 2011,

5 applying the changes made by Public Act 96-889 to the System's

6 assets and liabilities as of June 30, 2009 as though Public Act

7 96-889 was approved on that date.

8 (a-5) On or before November 1 of each year, beginning

9 November 1, 2012, the Board shall submit to the State Actuary,

10 the Governor, and the General Assembly a proposed

11 certification of the amount of the required State contribution

12 to the System for the next fiscal year, along with all of the

13 actuarial assumptions, calculations, and data upon which that

14 proposed certification is based. On or before January 1 of

15 each year, beginning January 1, 2013, the State Actuary shall

16 issue a preliminary report concerning the proposed

17 certification and identifying, if necessary, recommended

18 changes in actuarial assumptions that the Board must consider

19 before finalizing its certification of the required State

20 contributions. On or before January 15, 2013 and each January

21 15 thereafter, the Board shall certify to the Governor and the

22 General Assembly the amount of the required State contribution

23 for the next fiscal year. The Board's certification must note,

24 in a written response to the State Actuary, any deviations

25 from the State Actuary's recommended changes, the reason or

26 reasons for not following the State Actuary's recommended

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1 changes, and the fiscal impact of not following the State

2 Actuary's recommended changes on the required State

3 contribution.

4 (a-10) By November 1, 2017, the Board shall recalculate

5 and recertify to the State Actuary, the Governor, and the

6 General Assembly the amount of the State contribution to the

7 System for State fiscal year 2018, taking into account the

8 changes in required State contributions made by this

9 amendatory Act of the 100th General Assembly. The State

10 Actuary shall review the assumptions and valuations underlying

11 the Board's revised certification and issue a preliminary

12 report concerning the proposed recertification and

13 identifying, if necessary, recommended changes in actuarial

14 assumptions that the Board must consider before finalizing its

15 certification of the required State contributions. The Board's

16 final certification must note any deviations from the State

17 Actuary's recommended changes, the reason or reasons for not

18 following the State Actuary's recommended changes, and the

19 fiscal impact of not following the State Actuary's recommended

20 changes on the required State contribution.

21 (a-15) On or after June 15, 2019, but no later than June

22 30, 2019, the Board shall recalculate and recertify to the

23 Governor and the General Assembly the amount of the State

24 contribution to the System for State fiscal year 2019, taking

25 into account the changes in required State contributions made

26 by this amendatory Act of the 100th General Assembly. The

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1 recalculation shall be made using assumptions adopted by the

2 Board for the original fiscal year 2019 certification. The

3 monthly voucher for the 12th month of fiscal year 2019 shall be

4 paid by the Comptroller after the recertification required

5 pursuant to this subsection is submitted to the Governor,

6 Comptroller, and General Assembly. The recertification

7 submitted to the General Assembly shall be filed with the

8 Clerk of the House of Representatives and the Secretary of the

9 Senate in electronic form only, in the manner that the Clerk

10 and the Secretary shall direct.

11 (b) The Board shall certify to the State Comptroller or

12 employer, as the case may be, from time to time, by its

13 chairperson and secretary, with its seal attached, the amounts

14 payable to the System from the various funds.

15 (c) Unless otherwise directed by the Comptroller under

16 subsection (c-1), ~~Beginning in State fiscal year 1996, on or~~

17 ~~as soon as possible after the 15th day of each month~~ the Board

18 shall submit vouchers for payment of State contributions to

19 the System for the applicable month on the 15th day of each

20 month, or as soon thereafter as may be practicable. The amount

21 vouchered for a monthly payment shall total ~~, in a total~~

22 ~~monthly amount of~~ one-twelfth of the required annual State

23 contribution certified under subsection (a).

24 (c-1) Beginning in State fiscal year 2025, if the

25 Comptroller requests that the Board submit, during a State

26 fiscal year, vouchers for multiple monthly payments for

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1 advance payment of State contributions due to the System for

2 that State fiscal year, then the Board shall submit those

3 additional vouchers as directed by the Comptroller,

4 notwithstanding subsection (c). Unless an act of

5 appropriations provides otherwise, nothing in this Section

6 authorizes the Board to submit, in a State fiscal year,

7 vouchers for the payment of State contributions to the System

8 in an amount that exceeds the annual certified contribution

9 for the System under this Section for that State fiscal year.

10 ~~From the effective date of this amendatory Act of the 93rd~~

11 ~~General Assembly through June 30, 2004, the Board shall not~~

12 ~~submit vouchers for the remainder of fiscal year 2004 in~~

13 ~~excess of the fiscal year 2004 certified contribution amount~~

14 ~~determined under this Section after taking into consideration~~

15 ~~the transfer to the System under subsection (b) of Section~~

16 ~~6z-61 of the State Finance Act.~~

17 (c-2) The ~~These~~ vouchers described in subsections (c) and

18 (c-1) shall be paid by the State Comptroller and Treasurer by

19 warrants drawn on the funds appropriated to the System for

20 that fiscal year.

21 If in any month the amount remaining unexpended from all

22 other appropriations to the System for the applicable fiscal

23 year (including the appropriations to the System under Section

24 8.12 of the State Finance Act and Section 1 of the State

25 Pension Funds Continuing Appropriation Act) is less than the

26 amount lawfully vouchered under this Section, the difference

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1 shall be paid from the General Revenue Fund under the

2 continuing appropriation authority provided in Section 1.1 of

3 the State Pension Funds Continuing Appropriation Act.

4 (d) So long as the payments received are the full amount

5 lawfully vouchered under this Section, payments received by

6 the System under this Section shall be applied first toward

7 the employer contribution to the self-managed plan established

8 under Section 15-158.2. Payments shall be applied second

9 toward the employer's portion of the normal costs of the

10 System, as defined in subsection (f) of Section 15-155. The

11 balance shall be applied toward the unfunded actuarial

12 liabilities of the System.

13 (e) In the event that the System does not receive, as a

14 result of legislative enactment or otherwise, payments

15 sufficient to fully fund the employer contribution to the

16 self-managed plan established under Section 15-158.2 and to

17 fully fund that portion of the employer's portion of the

18 normal costs of the System, as calculated in accordance with

19 Section 15-155(a-1), then any payments received shall be

20 applied proportionately to the optional retirement program

21 established under Section 15-158.2 and to the employer's

22 portion of the normal costs of the System, as calculated in

23 accordance with Section 15-155(a-1).

24 (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)

25 (40 ILCS 5/16-158) (from Ch. 108 1/2, par. 16-158)

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1 Sec. 16-158. Contributions by State and other employing

2 units.

3 (a) The State shall make contributions to the System by

4 means of appropriations from the Common School Fund and other

5 State funds of amounts which, together with other employer

6 contributions, employee contributions, investment income, and

7 other income, will be sufficient to meet the cost of

8 maintaining and administering the System on a 90% funded basis

9 in accordance with actuarial recommendations.

10 The Board shall determine the amount of State

11 contributions required for each fiscal year on the basis of

12 the actuarial tables and other assumptions adopted by the

13 Board and the recommendations of the actuary, using the

14 formula in subsection (b-3).

15 (a-1) Annually, on or before November 15 until November

16 15, 2011, the Board shall certify to the Governor the amount of

17 the required State contribution for the coming fiscal year.

18 The certification under this subsection (a-1) shall include a

19 copy of the actuarial recommendations upon which it is based

20 and shall specifically identify the System's projected State

21 normal cost for that fiscal year.

22 On or before May 1, 2004, the Board shall recalculate and

23 recertify to the Governor the amount of the required State

24 contribution to the System for State fiscal year 2005, taking

25 into account the amounts appropriated to and received by the

26 System under subsection (d) of Section 7.2 of the General

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1 Obligation Bond Act.

2 On or before July 1, 2005, the Board shall recalculate and

3 recertify to the Governor the amount of the required State

4 contribution to the System for State fiscal year 2006, taking

5 into account the changes in required State contributions made

6 by Public Act 94-4.

7 On or before April 1, 2011, the Board shall recalculate

8 and recertify to the Governor the amount of the required State

9 contribution to the System for State fiscal year 2011,

10 applying the changes made by Public Act 96-889 to the System's

11 assets and liabilities as of June 30, 2009 as though Public Act

12 96-889 was approved on that date.

13 (a-5) On or before November 1 of each year, beginning

14 November 1, 2012, the Board shall submit to the State Actuary,

15 the Governor, and the General Assembly a proposed

16 certification of the amount of the required State contribution

17 to the System for the next fiscal year, along with all of the

18 actuarial assumptions, calculations, and data upon which that

19 proposed certification is based. On or before January 1 of

20 each year, beginning January 1, 2013, the State Actuary shall

21 issue a preliminary report concerning the proposed

22 certification and identifying, if necessary, recommended

23 changes in actuarial assumptions that the Board must consider

24 before finalizing its certification of the required State

25 contributions. On or before January 15, 2013 and each January

26 15 thereafter, the Board shall certify to the Governor and the

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1 General Assembly the amount of the required State contribution

2 for the next fiscal year. The Board's certification must note

3 any deviations from the State Actuary's recommended changes,

4 the reason or reasons for not following the State Actuary's

5 recommended changes, and the fiscal impact of not following

6 the State Actuary's recommended changes on the required State

7 contribution.

8 (a-10) By November 1, 2017, the Board shall recalculate

9 and recertify to the State Actuary, the Governor, and the

10 General Assembly the amount of the State contribution to the

11 System for State fiscal year 2018, taking into account the

12 changes in required State contributions made by Public Act

13 100-23. The State Actuary shall review the assumptions and

14 valuations underlying the Board's revised certification and

15 issue a preliminary report concerning the proposed

16 recertification and identifying, if necessary, recommended

17 changes in actuarial assumptions that the Board must consider

18 before finalizing its certification of the required State

19 contributions. The Board's final certification must note any

20 deviations from the State Actuary's recommended changes, the

21 reason or reasons for not following the State Actuary's

22 recommended changes, and the fiscal impact of not following

23 the State Actuary's recommended changes on the required State

24 contribution.

25 (a-15) On or after June 15, 2019, but no later than June

26 30, 2019, the Board shall recalculate and recertify to the

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1 Governor and the General Assembly the amount of the State

2 contribution to the System for State fiscal year 2019, taking

3 into account the changes in required State contributions made

4 by Public Act 100-587. The recalculation shall be made using

5 assumptions adopted by the Board for the original fiscal year

6 2019 certification. The monthly voucher for the 12th month of

7 fiscal year 2019 shall be paid by the Comptroller after the

8 recertification required pursuant to this subsection is

9 submitted to the Governor, Comptroller, and General Assembly.

10 The recertification submitted to the General Assembly shall be

11 filed with the Clerk of the House of Representatives and the

12 Secretary of the Senate in electronic form only, in the manner

13 that the Clerk and the Secretary shall direct.

14 (b) Through State fiscal year 1995, the State

15 contributions shall be paid to the System in accordance with

16 Section 18-7 of the School Code.

17 (b-1) Unless otherwise directed by the Comptroller under

18 subsection (b-1.1), ~~Beginning in State fiscal year 1996, on~~

19 ~~the 15th day of each month, or as soon thereafter as may be~~

20 ~~practicable,~~ the Board shall submit vouchers for payment of

21 State contributions to the System for the applicable month on

22 the 15th day of each month, or as soon thereafter as may be

23 practicable. The amount vouchered for a monthly payment shall

24 total ~~, in a total monthly amount of~~ one-twelfth of the

25 required annual State contribution certified under subsection

26 (a-1).

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1 (b-1.1) Beginning in State fiscal year 2025, if the

2 Comptroller requests that the Board submit, during a State

3 fiscal year, vouchers for multiple monthly payments for the

4 advance payment of State contributions due to the System for

5 that State fiscal year, then the Board shall submit those

6 additional vouchers as directed by the Comptroller,

7 notwithstanding subsection (b-1). Unless an act of

8 appropriations provides otherwise, nothing in this Section

9 authorizes the Board to submit, in a State fiscal year,

10 vouchers for the payment of State contributions to the System

11 in an amount that exceeds the rate of payroll that is certified

12 by the System under this Section for that State fiscal year.

13 ~~From March 5, 2004 (the effective date of Public Act~~

14 ~~93-665) through June 30, 2004, the Board shall not submit~~

15 ~~vouchers for the remainder of fiscal year 2004 in excess of the~~

16 ~~fiscal year 2004 certified contribution amount determined~~

17 ~~under this Section after taking into consideration the~~

18 ~~transfer to the System under subsection (a) of Section 6z-61~~

19 ~~of the State Finance Act.~~

20 (b-1.2) The ~~These~~ vouchers described in subsections (b-1)

21 and (b-1.1) shall be paid by the State Comptroller and

22 Treasurer by warrants drawn on the funds appropriated to the

23 System for that fiscal year.

24 If in any month the amount remaining unexpended from all

25 other appropriations to the System for the applicable fiscal

26 year (including the appropriations to the System under Section

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1 8.12 of the State Finance Act and Section 1 of the State

2 Pension Funds Continuing Appropriation Act) is less than the

3 amount lawfully vouchered under this subsection, the

4 difference shall be paid from the Common School Fund under the

5 continuing appropriation authority provided in Section 1.1 of

6 the State Pension Funds Continuing Appropriation Act.

7 (b-2) Allocations from the Common School Fund apportioned

8 to school districts not coming under this System shall not be

9 diminished or affected by the provisions of this Article.

10 (b-3) For State fiscal years 2012 through 2045, the

11 minimum contribution to the System to be made by the State for

12 each fiscal year shall be an amount determined by the System to

13 be sufficient to bring the total assets of the System up to 90%

14 of the total actuarial liabilities of the System by the end of

15 State fiscal year 2045. In making these determinations, the

16 required State contribution shall be calculated each year as a

17 level percentage of payroll over the years remaining to and

18 including fiscal year 2045 and shall be determined under the

19 projected unit credit actuarial cost method.

20 For each of State fiscal years 2018, 2019, and 2020, the

21 State shall make an additional contribution to the System

22 equal to 2% of the total payroll of each employee who is deemed

23 to have elected the benefits under Section 1-161 or who has

24 made the election under subsection (c) of Section 1-161.

25 A change in an actuarial or investment assumption that

26 increases or decreases the required State contribution and

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1 first applies in State fiscal year 2018 or thereafter shall be

2 implemented in equal annual amounts over a 5-year period

3 beginning in the State fiscal year in which the actuarial

4 change first applies to the required State contribution.

5 A change in an actuarial or investment assumption that

6 increases or decreases the required State contribution and

7 first applied to the State contribution in fiscal year 2014,

8 2015, 2016, or 2017 shall be implemented:

9 (i) as already applied in State fiscal years before

10 2018; and

11 (ii) in the portion of the 5-year period beginning in

12 the State fiscal year in which the actuarial change first

13 applied that occurs in State fiscal year 2018 or

14 thereafter, by calculating the change in equal annual

15 amounts over that 5-year period and then implementing it

16 at the resulting annual rate in each of the remaining

17 fiscal years in that 5-year period.

18 For State fiscal years 1996 through 2005, the State

19 contribution to the System, as a percentage of the applicable

20 employee payroll, shall be increased in equal annual

21 increments so that by State fiscal year 2011, the State is

22 contributing at the rate required under this Section; except

23 that in the following specified State fiscal years, the State

24 contribution to the System shall not be less than the

25 following indicated percentages of the applicable employee

26 payroll, even if the indicated percentage will produce a State

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1 contribution in excess of the amount otherwise required under

2 this subsection and subsection (a), and notwithstanding any

3 contrary certification made under subsection (a-1) before May

4 27, 1998 (the effective date of Public Act 90-582): 10.02% in

5 FY 1999; 10.77% in FY 2000; 11.47% in FY 2001; 12.16% in FY

6 2002; 12.86% in FY 2003; and 13.56% in FY 2004.

7 Notwithstanding any other provision of this Article, the

8 total required State contribution for State fiscal year 2006

9 is $534,627,700.

10 Notwithstanding any other provision of this Article, the

11 total required State contribution for State fiscal year 2007

12 is $738,014,500.

13 For each of State fiscal years 2008 through 2009, the

14 State contribution to the System, as a percentage of the

15 applicable employee payroll, shall be increased in equal

16 annual increments from the required State contribution for

17 State fiscal year 2007, so that by State fiscal year 2011, the

18 State is contributing at the rate otherwise required under

19 this Section.

20 Notwithstanding any other provision of this Article, the

21 total required State contribution for State fiscal year 2010

22 is $2,089,268,000 and shall be made from the proceeds of bonds

23 sold in fiscal year 2010 pursuant to Section 7.2 of the General

24 Obligation Bond Act, less (i) the pro rata share of bond sale

25 expenses determined by the System's share of total bond

26 proceeds, (ii) any amounts received from the Common School

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1 Fund in fiscal year 2010, and (iii) any reduction in bond

2 proceeds due to the issuance of discounted bonds, if

3 applicable.

4 Notwithstanding any other provision of this Article, the

5 total required State contribution for State fiscal year 2011

6 is the amount recertified by the System on or before April 1,

7 2011 pursuant to subsection (a-1) of this Section and shall be

8 made from the proceeds of bonds sold in fiscal year 2011

9 pursuant to Section 7.2 of the General Obligation Bond Act,

10 less (i) the pro rata share of bond sale expenses determined by

11 the System's share of total bond proceeds, (ii) any amounts

12 received from the Common School Fund in fiscal year 2011, and

13 (iii) any reduction in bond proceeds due to the issuance of

14 discounted bonds, if applicable. This amount shall include, in

15 addition to the amount certified by the System, an amount

16 necessary to meet employer contributions required by the State

17 as an employer under paragraph (e) of this Section, which may

18 also be used by the System for contributions required by

19 paragraph (a) of Section 16-127.

20 Beginning in State fiscal year 2046, the minimum State

21 contribution for each fiscal year shall be the amount needed

22 to maintain the total assets of the System at 90% of the total

23 actuarial liabilities of the System.

24 Amounts received by the System pursuant to Section 25 of

25 the Budget Stabilization Act or Section 8.12 of the State

26 Finance Act in any fiscal year do not reduce and do not

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1 constitute payment of any portion of the minimum State

2 contribution required under this Article in that fiscal year.

3 Such amounts shall not reduce, and shall not be included in the

4 calculation of, the required State contributions under this

5 Article in any future year until the System has reached a

6 funding ratio of at least 90%. A reference in this Article to

7 the "required State contribution" or any substantially similar

8 term does not include or apply to any amounts payable to the

9 System under Section 25 of the Budget Stabilization Act.

10 Notwithstanding any other provision of this Section, the

11 required State contribution for State fiscal year 2005 and for

12 fiscal year 2008 and each fiscal year thereafter, as

13 calculated under this Section and certified under subsection

14 (a-1), shall not exceed an amount equal to (i) the amount of

15 the required State contribution that would have been

16 calculated under this Section for that fiscal year if the

17 System had not received any payments under subsection (d) of

18 Section 7.2 of the General Obligation Bond Act, minus (ii) the

19 portion of the State's total debt service payments for that

20 fiscal year on the bonds issued in fiscal year 2003 for the

21 purposes of that Section 7.2, as determined and certified by

22 the Comptroller, that is the same as the System's portion of

23 the total moneys distributed under subsection (d) of Section

24 7.2 of the General Obligation Bond Act. In determining this

25 maximum for State fiscal years 2008 through 2010, however, the

26 amount referred to in item (i) shall be increased, as a

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1 percentage of the applicable employee payroll, in equal

2 increments calculated from the sum of the required State

3 contribution for State fiscal year 2007 plus the applicable

4 portion of the State's total debt service payments for fiscal

5 year 2007 on the bonds issued in fiscal year 2003 for the

6 purposes of Section 7.2 of the General Obligation Bond Act, so

7 that, by State fiscal year 2011, the State is contributing at

8 the rate otherwise required under this Section.

9 (b-4) Beginning in fiscal year 2018, each employer under

10 this Article shall pay to the System a required contribution

11 determined as a percentage of projected payroll and sufficient

12 to produce an annual amount equal to:

13 (i) for each of fiscal years 2018, 2019, and 2020, the

14 defined benefit normal cost of the defined benefit plan,

15 less the employee contribution, for each employee of that

16 employer who has elected or who is deemed to have elected

17 the benefits under Section 1-161 or who has made the

18 election under subsection (b) of Section 1-161; for fiscal

19 year 2021 and each fiscal year thereafter, the defined

20 benefit normal cost of the defined benefit plan, less the

21 employee contribution, plus 2%, for each employee of that

22 employer who has elected or who is deemed to have elected

23 the benefits under Section 1-161 or who has made the

24 election under subsection (b) of Section 1-161; plus

25 (ii) the amount required for that fiscal year to

26 amortize any unfunded actuarial accrued liability

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1 associated with the present value of liabilities

2 attributable to the employer's account under Section

3 16-158.3, determined as a level percentage of payroll over

4 a 30-year rolling amortization period.

5 In determining contributions required under item (i) of

6 this subsection, the System shall determine an aggregate rate

7 for all employers, expressed as a percentage of projected

8 payroll.

9 In determining the contributions required under item (ii)

10 of this subsection, the amount shall be computed by the System

11 on the basis of the actuarial assumptions and tables used in

12 the most recent actuarial valuation of the System that is

13 available at the time of the computation.

14 The contributions required under this subsection (b-4)

15 shall be paid by an employer concurrently with that employer's

16 payroll payment period. The State, as the actual employer of

17 an employee, shall make the required contributions under this

18 subsection.

19 (c) Payment of the required State contributions and of all

20 pensions, retirement annuities, death benefits, refunds, and

21 other benefits granted under or assumed by this System, and

22 all expenses in connection with the administration and

23 operation thereof, are obligations of the State.

24 If members are paid from special trust or federal funds

25 which are administered by the employing unit, whether school

26 district or other unit, the employing unit shall pay to the

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1 System from such funds the full accruing retirement costs

2 based upon that service, which, beginning July 1, 2017, shall

3 be at a rate, expressed as a percentage of salary, equal to the

4 total employer's normal cost, expressed as a percentage of

5 payroll, as determined by the System. Employer contributions,

6 based on salary paid to members from federal funds, may be

7 forwarded by the distributing agency of the State of Illinois

8 to the System prior to allocation, in an amount determined in

9 accordance with guidelines established by such agency and the

10 System. Any contribution for fiscal year 2015 collected as a

11 result of the change made by Public Act 98-674 shall be

12 considered a State contribution under subsection (b-3) of this

13 Section.

14 (d) Effective July 1, 1986, any employer of a teacher as

15 defined in paragraph (8) of Section 16-106 shall pay the

16 employer's normal cost of benefits based upon the teacher's

17 service, in addition to employee contributions, as determined

18 by the System. Such employer contributions shall be forwarded

19 monthly in accordance with guidelines established by the

20 System.

21 However, with respect to benefits granted under Section

22 16-133.4 or 16-133.5 to a teacher as defined in paragraph (8)

23 of Section 16-106, the employer's contribution shall be 12%

24 (rather than 20%) of the member's highest annual salary rate

25 for each year of creditable service granted, and the employer

26 shall also pay the required employee contribution on behalf of

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1 the teacher. For the purposes of Sections 16-133.4 and

2 16-133.5, a teacher as defined in paragraph (8) of Section

3 16-106 who is serving in that capacity while on leave of

4 absence from another employer under this Article shall not be

5 considered an employee of the employer from which the teacher

6 is on leave.

7 (e) Beginning July 1, 1998, every employer of a teacher

8 shall pay to the System an employer contribution computed as

9 follows:

10 (1) Beginning July 1, 1998 through June 30, 1999, the

11 employer contribution shall be equal to 0.3% of each

12 teacher's salary.

13 (2) Beginning July 1, 1999 and thereafter, the

14 employer contribution shall be equal to 0.58% of each

15 teacher's salary.

16 The school district or other employing unit may pay these

17 employer contributions out of any source of funding available

18 for that purpose and shall forward the contributions to the

19 System on the schedule established for the payment of member

20 contributions.

21 These employer contributions are intended to offset a

22 portion of the cost to the System of the increases in

23 retirement benefits resulting from Public Act 90-582.

24 Each employer of teachers is entitled to a credit against

25 the contributions required under this subsection (e) with

26 respect to salaries paid to teachers for the period January 1,

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1 2002 through June 30, 2003, equal to the amount paid by that

2 employer under subsection (a-5) of Section 6.6 of the State

3 Employees Group Insurance Act of 1971 with respect to salaries

4 paid to teachers for that period.

5 The additional 1% employee contribution required under

6 Section 16-152 by Public Act 90-582 is the responsibility of

7 the teacher and not the teacher's employer, unless the

8 employer agrees, through collective bargaining or otherwise,

9 to make the contribution on behalf of the teacher.

10 If an employer is required by a contract in effect on May

11 1, 1998 between the employer and an employee organization to

12 pay, on behalf of all its full-time employees covered by this

13 Article, all mandatory employee contributions required under

14 this Article, then the employer shall be excused from paying

15 the employer contribution required under this subsection (e)

16 for the balance of the term of that contract. The employer and

17 the employee organization shall jointly certify to the System

18 the existence of the contractual requirement, in such form as

19 the System may prescribe. This exclusion shall cease upon the

20 termination, extension, or renewal of the contract at any time

21 after May 1, 1998.

22 (f) If the amount of a teacher's salary for any school year

23 used to determine final average salary exceeds the member's

24 annual full-time salary rate with the same employer for the

25 previous school year by more than 6%, the teacher's employer

26 shall pay to the System, in addition to all other payments

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1 required under this Section and in accordance with guidelines

2 established by the System, the present value of the increase

3 in benefits resulting from the portion of the increase in

4 salary that is in excess of 6%. This present value shall be

5 computed by the System on the basis of the actuarial

6 assumptions and tables used in the most recent actuarial

7 valuation of the System that is available at the time of the

8 computation. If a teacher's salary for the 2005-2006 school

9 year is used to determine final average salary under this

10 subsection (f), then the changes made to this subsection (f)

11 by Public Act 94-1057 shall apply in calculating whether the

12 increase in his or her salary is in excess of 6%. For the

13 purposes of this Section, change in employment under Section

14 10-21.12 of the School Code on or after June 1, 2005 shall

15 constitute a change in employer. The System may require the

16 employer to provide any pertinent information or

17 documentation. The changes made to this subsection (f) by

18 Public Act 94-1111 apply without regard to whether the teacher

19 was in service on or after its effective date.

20 Whenever it determines that a payment is or may be

21 required under this subsection, the System shall calculate the

22 amount of the payment and bill the employer for that amount.

23 The bill shall specify the calculations used to determine the

24 amount due. If the employer disputes the amount of the bill, it

25 may, within 30 days after receipt of the bill, apply to the

26 System in writing for a recalculation. The application must

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1 specify in detail the grounds of the dispute and, if the

2 employer asserts that the calculation is subject to subsection

3 (g), (g-5), (g-10), (g-15), (g-20), or (h) of this Section,

4 must include an affidavit setting forth and attesting to all

5 facts within the employer's knowledge that are pertinent to

6 the applicability of that subsection. Upon receiving a timely

7 application for recalculation, the System shall review the

8 application and, if appropriate, recalculate the amount due.

9 The employer contributions required under this subsection

10 (f) may be paid in the form of a lump sum within 90 days after

11 receipt of the bill. If the employer contributions are not

12 paid within 90 days after receipt of the bill, then interest

13 will be charged at a rate equal to the System's annual

14 actuarially assumed rate of return on investment compounded

15 annually from the 91st day after receipt of the bill. Payments

16 must be concluded within 3 years after the employer's receipt

17 of the bill.

18 (f-1) (Blank).

19 (g) This subsection (g) applies only to payments made or

20 salary increases given on or after June 1, 2005 but before July

21 1, 2011. The changes made by Public Act 94-1057 shall not

22 require the System to refund any payments received before July

23 31, 2006 (the effective date of Public Act 94-1057).

24 When assessing payment for any amount due under subsection

25 (f), the System shall exclude salary increases paid to

26 teachers under contracts or collective bargaining agreements

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1 entered into, amended, or renewed before June 1, 2005.

2 When assessing payment for any amount due under subsection

3 (f), the System shall exclude salary increases paid to a

4 teacher at a time when the teacher is 10 or more years from

5 retirement eligibility under Section 16-132 or 16-133.2.

6 When assessing payment for any amount due under subsection

7 (f), the System shall exclude salary increases resulting from

8 overload work, including summer school, when the school

9 district has certified to the System, and the System has

10 approved the certification, that (i) the overload work is for

11 the sole purpose of classroom instruction in excess of the

12 standard number of classes for a full-time teacher in a school

13 district during a school year and (ii) the salary increases

14 are equal to or less than the rate of pay for classroom

15 instruction computed on the teacher's current salary and work

16 schedule.

17 When assessing payment for any amount due under subsection

18 (f), the System shall exclude a salary increase resulting from

19 a promotion (i) for which the employee is required to hold a

20 certificate or supervisory endorsement issued by the State

21 Teacher Certification Board that is a different certification

22 or supervisory endorsement than is required for the teacher's

23 previous position and (ii) to a position that has existed and

24 been filled by a member for no less than one complete academic

25 year and the salary increase from the promotion is an increase

26 that results in an amount no greater than the lesser of the

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1 average salary paid for other similar positions in the

2 district requiring the same certification or the amount

3 stipulated in the collective bargaining agreement for a

4 similar position requiring the same certification.

5 When assessing payment for any amount due under subsection

6 (f), the System shall exclude any payment to the teacher from

7 the State of Illinois or the State Board of Education over

8 which the employer does not have discretion, notwithstanding

9 that the payment is included in the computation of final

10 average salary.

11 (g-5) When assessing payment for any amount due under

12 subsection (f), the System shall exclude salary increases

13 resulting from overload or stipend work performed in a school

14 year subsequent to a school year in which the employer was

15 unable to offer or allow to be conducted overload or stipend

16 work due to an emergency declaration limiting such activities.

17 (g-10) When assessing payment for any amount due under

18 subsection (f), the System shall exclude salary increases

19 resulting from increased instructional time that exceeded the

20 instructional time required during the 2019-2020 school year.

21 (g-15) When assessing payment for any amount due under

22 subsection (f), the System shall exclude salary increases

23 resulting from teaching summer school on or after May 1, 2021

24 and before September 15, 2022.

25 (g-20) When assessing payment for any amount due under

26 subsection (f), the System shall exclude salary increases

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1 necessary to bring a school board in compliance with Public

2 Act 101-443 or this amendatory Act of the 103rd General

3 Assembly.

4 (h) When assessing payment for any amount due under

5 subsection (f), the System shall exclude any salary increase

6 described in subsection (g) of this Section given on or after

7 July 1, 2011 but before July 1, 2014 under a contract or

8 collective bargaining agreement entered into, amended, or

9 renewed on or after June 1, 2005 but before July 1, 2011.

10 Notwithstanding any other provision of this Section, any

11 payments made or salary increases given after June 30, 2014

12 shall be used in assessing payment for any amount due under

13 subsection (f) of this Section.

14 (i) The System shall prepare a report and file copies of

15 the report with the Governor and the General Assembly by

16 January 1, 2007 that contains all of the following

17 information:

18 (1) The number of recalculations required by the

19 changes made to this Section by Public Act 94-1057 for

20 each employer.

21 (2) The dollar amount by which each employer's

22 contribution to the System was changed due to

23 recalculations required by Public Act 94-1057.

24 (3) The total amount the System received from each

25 employer as a result of the changes made to this Section by

26 Public Act 94-4.

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1 (4) The increase in the required State contribution

2 resulting from the changes made to this Section by Public

3 Act 94-1057.

4 (i-5) For school years beginning on or after July 1, 2017,

5 if the amount of a participant's salary for any school year

6 exceeds the amount of the salary set for the Governor, the

7 participant's employer shall pay to the System, in addition to

8 all other payments required under this Section and in

9 accordance with guidelines established by the System, an

10 amount determined by the System to be equal to the employer

11 normal cost, as established by the System and expressed as a

12 total percentage of payroll, multiplied by the amount of

13 salary in excess of the amount of the salary set for the

14 Governor. This amount shall be computed by the System on the

15 basis of the actuarial assumptions and tables used in the most

16 recent actuarial valuation of the System that is available at

17 the time of the computation. The System may require the

18 employer to provide any pertinent information or

19 documentation.

20 Whenever it determines that a payment is or may be

21 required under this subsection, the System shall calculate the

22 amount of the payment and bill the employer for that amount.

23 The bill shall specify the calculations used to determine the

24 amount due. If the employer disputes the amount of the bill, it

25 may, within 30 days after receipt of the bill, apply to the

26 System in writing for a recalculation. The application must

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1 specify in detail the grounds of the dispute. Upon receiving a

2 timely application for recalculation, the System shall review

3 the application and, if appropriate, recalculate the amount

4 due.

5 The employer contributions required under this subsection

6 may be paid in the form of a lump sum within 90 days after

7 receipt of the bill. If the employer contributions are not

8 paid within 90 days after receipt of the bill, then interest

9 will be charged at a rate equal to the System's annual

10 actuarially assumed rate of return on investment compounded

11 annually from the 91st day after receipt of the bill. Payments

12 must be concluded within 3 years after the employer's receipt

13 of the bill.

14 (j) For purposes of determining the required State

15 contribution to the System, the value of the System's assets

16 shall be equal to the actuarial value of the System's assets,

17 which shall be calculated as follows:

18 As of June 30, 2008, the actuarial value of the System's

19 assets shall be equal to the market value of the assets as of

20 that date. In determining the actuarial value of the System's

21 assets for fiscal years after June 30, 2008, any actuarial

22 gains or losses from investment return incurred in a fiscal

23 year shall be recognized in equal annual amounts over the

24 5-year period following that fiscal year.

25 (k) For purposes of determining the required State

26 contribution to the system for a particular year, the

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1 actuarial value of assets shall be assumed to earn a rate of

2 return equal to the system's actuarially assumed rate of

3 return.

4 (Source: P.A. 102-16, eff. 6-17-21; 102-525, eff. 8-20-21;

5 102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 103-515, eff.

6 8-11-23.)

7 (40 ILCS 5/18-140) (from Ch. 108 1/2, par. 18-140)

8 Sec. 18-140. To certify required State contributions and

9 submit vouchers.

10 (a) The Board shall certify to the Governor, on or before

11 November 15 of each year until November 15, 2011, the amount of

12 the required State contribution to the System for the

13 following fiscal year and shall specifically identify the

14 System's projected State normal cost for that fiscal year. The

15 certification shall include a copy of the actuarial

16 recommendations upon which it is based and shall specifically

17 identify the System's projected State normal cost for that

18 fiscal year.

19 On or before November 1 of each year, beginning November

20 1, 2012, the Board shall submit to the State Actuary, the

21 Governor, and the General Assembly a proposed certification of

22 the amount of the required State contribution to the System

23 for the next fiscal year, along with all of the actuarial

24 assumptions, calculations, and data upon which that proposed

25 certification is based. On or before January 1 of each year

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1 beginning January 1, 2013, the State Actuary shall issue a

2 preliminary report concerning the proposed certification and

3 identifying, if necessary, recommended changes in actuarial

4 assumptions that the Board must consider before finalizing its

5 certification of the required State contributions. On or

6 before January 15, 2013 and every January 15 thereafter, the

7 Board shall certify to the Governor and the General Assembly

8 the amount of the required State contribution for the next

9 fiscal year. The Board's certification must note any

10 deviations from the State Actuary's recommended changes, the

11 reason or reasons for not following the State Actuary's

12 recommended changes, and the fiscal impact of not following

13 the State Actuary's recommended changes on the required State

14 contribution.

15 On or before May 1, 2004, the Board shall recalculate and

16 recertify to the Governor the amount of the required State

17 contribution to the System for State fiscal year 2005, taking

18 into account the amounts appropriated to and received by the

19 System under subsection (d) of Section 7.2 of the General

20 Obligation Bond Act.

21 On or before July 1, 2005, the Board shall recalculate and

22 recertify to the Governor the amount of the required State

23 contribution to the System for State fiscal year 2006, taking

24 into account the changes in required State contributions made

25 by this amendatory Act of the 94th General Assembly.

26 On or before April 1, 2011, the Board shall recalculate

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1 and recertify to the Governor the amount of the required State

2 contribution to the System for State fiscal year 2011,

3 applying the changes made by Public Act 96-889 to the System's

4 assets and liabilities as of June 30, 2009 as though Public Act

5 96-889 was approved on that date.

6 By November 1, 2017, the Board shall recalculate and

7 recertify to the State Actuary, the Governor, and the General

8 Assembly the amount of the State contribution to the System

9 for State fiscal year 2018, taking into account the changes in

10 required State contributions made by this amendatory Act of

11 the 100th General Assembly. The State Actuary shall review the

12 assumptions and valuations underlying the Board's revised

13 certification and issue a preliminary report concerning the

14 proposed recertification and identifying, if necessary,

15 recommended changes in actuarial assumptions that the Board

16 must consider before finalizing its certification of the

17 required State contributions. The Board's final certification

18 must note any deviations from the State Actuary's recommended

19 changes, the reason or reasons for not following the State

20 Actuary's recommended changes, and the fiscal impact of not

21 following the State Actuary's recommended changes on the

22 required State contribution.

23 (b) Unless otherwise directed by the Comptroller under

24 subsection (b-1), ~~Beginning in State fiscal year 1996, on or~~

25 ~~as soon as possible after the 15th day of each month~~ the Board

26 shall submit vouchers for payment of State contributions to

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1 the System for the applicable month on the 15th day of each

2 month, or as soon thereafter as may be practicable. The amount

3 vouchered for a monthly payment shall total ~~, in a total~~

4 ~~monthly amount of~~ one-twelfth of the required annual State

5 contribution certified under subsection (a).

6 (b-1) Beginning in State fiscal year 2025, if the

7 Comptroller requests that the Board submit, during a State

8 fiscal year, vouchers for multiple monthly payments for the

9 advance payment of State contributions due to the System for

10 that State fiscal year, then the Board shall submit those

11 additional vouchers as directed by the Comptroller,

12 notwithstanding subsection (b). Unless an act of

13 appropriations provides otherwise, nothing in this Section

14 authorizes the Board to submit, in a State fiscal year,

15 vouchers for the payment of State contributions to the System

16 in an amount that exceeds the rate of payroll that is certified

17 by the System under this Section for that State fiscal year.

18 ~~From the effective date of this amendatory Act of the 93rd~~

19 ~~General Assembly through June 30, 2004, the Board shall not~~

20 ~~submit vouchers for the remainder of fiscal year 2004 in~~

21 ~~excess of the fiscal year 2004 certified contribution amount~~

22 ~~determined under this Section after taking into consideration~~

23 ~~the transfer to the System under subsection (c) of Section~~

24 ~~6z-61 of the State Finance Act.~~

25 (b-2) The ~~These~~ vouchers described in subsections (b) and

26 (b-1) shall be paid by the State Comptroller and Treasurer by

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1 warrants drawn on the funds appropriated to the System for

2 that fiscal year.

3 If in any month the amount remaining unexpended from all

4 other appropriations to the System for the applicable fiscal

5 year (including the appropriations to the System under Section

6 8.12 of the State Finance Act and Section 1 of the State

7 Pension Funds Continuing Appropriation Act) is less than the

8 amount lawfully vouchered under this Section, the difference

9 shall be paid from the General Revenue Fund under the

10 continuing appropriation authority provided in Section 1.1 of

11 the State Pension Funds Continuing Appropriation Act.

12 (Source: P.A. 100-23, eff. 7-6-17.)

13 Article 20.

14 Section 20-5. The Illinois Act on the Aging is amended by

15 changing Section 4.02 as follows:

16 (20 ILCS 105/4.02)

17 Sec. 4.02. Community Care Program. The Department shall

18 establish a program of services to prevent unnecessary

19 institutionalization of persons age 60 and older in need of

20 long term care or who are established as persons who suffer

21 from Alzheimer's disease or a related disorder under the

22 Alzheimer's Disease Assistance Act, thereby enabling them to

23 remain in their own homes or in other living arrangements.

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1 Such preventive services, which may be coordinated with other

2 programs for the aged and monitored by area agencies on aging

3 in cooperation with the Department, may include, but are not

4 limited to, any or all of the following:

5 (a) (blank);

6 (b) (blank);

7 (c) home care aide services;

8 (d) personal assistant services;

9 (e) adult day services;

10 (f) home-delivered meals;

11 (g) education in self-care;

12 (h) personal care services;

13 (i) adult day health services;

14 (j) habilitation services;

15 (k) respite care;

16 (k-5) community reintegration services;

17 (k-6) flexible senior services;

18 (k-7) medication management;

19 (k-8) emergency home response;

20 (l) other nonmedical social services that may enable

21 the person to become self-supporting; or

22 (m) clearinghouse for information provided by senior

23 citizen home owners who want to rent rooms to or share

24 living space with other senior citizens.

25 The Department shall establish eligibility standards for

26 such services. In determining the amount and nature of

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1 services for which a person may qualify, consideration shall

2 not be given to the value of cash, property, or other assets

3 held in the name of the person's spouse pursuant to a written

4 agreement dividing marital property into equal but separate

5 shares or pursuant to a transfer of the person's interest in a

6 home to his spouse, provided that the spouse's share of the

7 marital property is not made available to the person seeking

8 such services.

9 Beginning January 1, 2008, the Department shall require as

10 a condition of eligibility that all new financially eligible

11 applicants apply for and enroll in medical assistance under

12 Article V of the Illinois Public Aid Code in accordance with

13 rules promulgated by the Department.

14 The Department shall, in conjunction with the Department

15 of Public Aid (now Department of Healthcare and Family

16 Services), seek appropriate amendments under Sections 1915 and

17 1924 of the Social Security Act. The purpose of the amendments

18 shall be to extend eligibility for home and community based

19 services under Sections 1915 and 1924 of the Social Security

20 Act to persons who transfer to or for the benefit of a spouse

21 those amounts of income and resources allowed under Section

22 1924 of the Social Security Act. Subject to the approval of

23 such amendments, the Department shall extend the provisions of

24 Section 5-4 of the Illinois Public Aid Code to persons who, but

25 for the provision of home or community-based services, would

26 require the level of care provided in an institution, as is

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1 provided for in federal law. Those persons no longer found to

2 be eligible for receiving noninstitutional services due to

3 changes in the eligibility criteria shall be given 45 days

4 notice prior to actual termination. Those persons receiving

5 notice of termination may contact the Department and request

6 the determination be appealed at any time during the 45 day

7 notice period. The target population identified for the

8 purposes of this Section are persons age 60 and older with an

9 identified service need. Priority shall be given to those who

10 are at imminent risk of institutionalization. The services

11 shall be provided to eligible persons age 60 and older to the

12 extent that the cost of the services together with the other

13 personal maintenance expenses of the persons are reasonably

14 related to the standards established for care in a group

15 facility appropriate to the person's condition. These

16 non-institutional services, pilot projects, or experimental

17 facilities may be provided as part of or in addition to those

18 authorized by federal law or those funded and administered by

19 the Department of Human Services. The Departments of Human

20 Services, Healthcare and Family Services, Public Health,

21 Veterans' Affairs, and Commerce and Economic Opportunity and

22 other appropriate agencies of State, federal, and local

23 governments shall cooperate with the Department on Aging in

24 the establishment and development of the non-institutional

25 services. The Department shall require an annual audit from

26 all personal assistant and home care aide vendors contracting

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1 with the Department under this Section. The annual audit shall

2 assure that each audited vendor's procedures are in compliance

3 with Department's financial reporting guidelines requiring an

4 administrative and employee wage and benefits cost split as

5 defined in administrative rules. The audit is a public record

6 under the Freedom of Information Act. The Department shall

7 execute, relative to the nursing home prescreening project,

8 written inter-agency agreements with the Department of Human

9 Services and the Department of Healthcare and Family Services,

10 to effect the following: (1) intake procedures and common

11 eligibility criteria for those persons who are receiving

12 non-institutional services; and (2) the establishment and

13 development of non-institutional services in areas of the

14 State where they are not currently available or are

15 undeveloped. On and after July 1, 1996, all nursing home

16 prescreenings for individuals 60 years of age or older shall

17 be conducted by the Department.

18 As part of the Department on Aging's routine training of

19 case managers and case manager supervisors, the Department may

20 include information on family futures planning for persons who

21 are age 60 or older and who are caregivers of their adult

22 children with developmental disabilities. The content of the

23 training shall be at the Department's discretion.

24 The Department is authorized to establish a system of

25 recipient copayment for services provided under this Section,

26 such copayment to be based upon the recipient's ability to pay

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1 but in no case to exceed the actual cost of the services

2 provided. Additionally, any portion of a person's income which

3 is equal to or less than the federal poverty standard shall not

4 be considered by the Department in determining the copayment.

5 The level of such copayment shall be adjusted whenever

6 necessary to reflect any change in the officially designated

7 federal poverty standard.

8 The Department, or the Department's authorized

9 representative, may recover the amount of moneys expended for

10 services provided to or in behalf of a person under this

11 Section by a claim against the person's estate or against the

12 estate of the person's surviving spouse, but no recovery may

13 be had until after the death of the surviving spouse, if any,

14 and then only at such time when there is no surviving child who

15 is under age 21 or blind or who has a permanent and total

16 disability. This paragraph, however, shall not bar recovery,

17 at the death of the person, of moneys for services provided to

18 the person or in behalf of the person under this Section to

19 which the person was not entitled; provided that such recovery

20 shall not be enforced against any real estate while it is

21 occupied as a homestead by the surviving spouse or other

22 dependent, if no claims by other creditors have been filed

23 against the estate, or, if such claims have been filed, they

24 remain dormant for failure of prosecution or failure of the

25 claimant to compel administration of the estate for the

26 purpose of payment. This paragraph shall not bar recovery from

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1 the estate of a spouse, under Sections 1915 and 1924 of the

2 Social Security Act and Section 5-4 of the Illinois Public Aid

3 Code, who precedes a person receiving services under this

4 Section in death. All moneys for services paid to or in behalf

5 of the person under this Section shall be claimed for recovery

6 from the deceased spouse's estate. "Homestead", as used in

7 this paragraph, means the dwelling house and contiguous real

8 estate occupied by a surviving spouse or relative, as defined

9 by the rules and regulations of the Department of Healthcare

10 and Family Services, regardless of the value of the property.

11 The Department shall increase the effectiveness of the

12 existing Community Care Program by:

13 (1) ensuring that in-home services included in the

14 care plan are available on evenings and weekends;

15 (2) ensuring that care plans contain the services that

16 eligible participants need based on the number of days in

17 a month, not limited to specific blocks of time, as

18 identified by the comprehensive assessment tool selected

19 by the Department for use statewide, not to exceed the

20 total monthly service cost maximum allowed for each

21 service; the Department shall develop administrative rules

22 to implement this item (2);

23 (3) ensuring that the participants have the right to

24 choose the services contained in their care plan and to

25 direct how those services are provided, based on

26 administrative rules established by the Department;

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1 (4) ensuring that the determination of need tool is

2 accurate in determining the participants' level of need;

3 to achieve this, the Department, in conjunction with the

4 Older Adult Services Advisory Committee, shall institute a

5 study of the relationship between the Determination of

6 Need scores, level of need, service cost maximums, and the

7 development and utilization of service plans no later than

8 May 1, 2008; findings and recommendations shall be

9 presented to the Governor and the General Assembly no

10 later than January 1, 2009; recommendations shall include

11 all needed changes to the service cost maximums schedule

12 and additional covered services;

13 (5) ensuring that homemakers can provide personal care

14 services that may or may not involve contact with clients,

15 including, but not limited to:

16 (A) bathing;

17 (B) grooming;

18 (C) toileting;

19 (D) nail care;

20 (E) transferring;

21 (F) respiratory services;

22 (G) exercise; or

23 (H) positioning;

24 (6) ensuring that homemaker program vendors are not

25 restricted from hiring homemakers who are family members

26 of clients or recommended by clients; the Department may

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1 not, by rule or policy, require homemakers who are family

2 members of clients or recommended by clients to accept

3 assignments in homes other than the client;

4 (7) ensuring that the State may access maximum federal

5 matching funds by seeking approval for the Centers for

6 Medicare and Medicaid Services for modifications to the

7 State's home and community based services waiver and

8 additional waiver opportunities, including applying for

9 enrollment in the Balance Incentive Payment Program by May

10 1, 2013, in order to maximize federal matching funds; this

11 shall include, but not be limited to, modification that

12 reflects all changes in the Community Care Program

13 services and all increases in the services cost maximum;

14 (8) ensuring that the determination of need tool

15 accurately reflects the service needs of individuals with

16 Alzheimer's disease and related dementia disorders;

17 (9) ensuring that services are authorized accurately

18 and consistently for the Community Care Program (CCP); the

19 Department shall implement a Service Authorization policy

20 directive; the purpose shall be to ensure that eligibility

21 and services are authorized accurately and consistently in

22 the CCP program; the policy directive shall clarify

23 service authorization guidelines to Care Coordination

24 Units and Community Care Program providers no later than

25 May 1, 2013;

26 (10) working in conjunction with Care Coordination

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1 Units, the Department of Healthcare and Family Services,

2 the Department of Human Services, Community Care Program

3 providers, and other stakeholders to make improvements to

4 the Medicaid claiming processes and the Medicaid

5 enrollment procedures or requirements as needed,

6 including, but not limited to, specific policy changes or

7 rules to improve the up-front enrollment of participants

8 in the Medicaid program and specific policy changes or

9 rules to insure more prompt submission of bills to the

10 federal government to secure maximum federal matching

11 dollars as promptly as possible; the Department on Aging

12 shall have at least 3 meetings with stakeholders by

13 January 1, 2014 in order to address these improvements;

14 (11) requiring home care service providers to comply

15 with the rounding of hours worked provisions under the

16 federal Fair Labor Standards Act (FLSA) and as set forth

17 in 29 CFR 785.48(b) by May 1, 2013;

18 (12) implementing any necessary policy changes or

19 promulgating any rules, no later than January 1, 2014, to

20 assist the Department of Healthcare and Family Services in

21 moving as many participants as possible, consistent with

22 federal regulations, into coordinated care plans if a care

23 coordination plan that covers long term care is available

24 in the recipient's area; and

25 (13) maintaining fiscal year 2014 rates at the same

26 level established on January 1, 2013.

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1 By January 1, 2009 or as soon after the end of the Cash and

2 Counseling Demonstration Project as is practicable, the

3 Department may, based on its evaluation of the demonstration

4 project, promulgate rules concerning personal assistant

5 services, to include, but need not be limited to,

6 qualifications, employment screening, rights under fair labor

7 standards, training, fiduciary agent, and supervision

8 requirements. All applicants shall be subject to the

9 provisions of the Health Care Worker Background Check Act.

10 The Department shall develop procedures to enhance

11 availability of services on evenings, weekends, and on an

12 emergency basis to meet the respite needs of caregivers.

13 Procedures shall be developed to permit the utilization of

14 services in successive blocks of 24 hours up to the monthly

15 maximum established by the Department. Workers providing these

16 services shall be appropriately trained.

17 Beginning on September 23, 1991 (the effective date of

18 Public Act 87-729) ~~this amendatory Act of 1991~~, no person may

19 perform chore/housekeeping and home care aide services under a

20 program authorized by this Section unless that person has been

21 issued a certificate of pre-service to do so by his or her

22 employing agency. Information gathered to effect such

23 certification shall include (i) the person's name, (ii) the

24 date the person was hired by his or her current employer, and

25 (iii) the training, including dates and levels. Persons

26 engaged in the program authorized by this Section before the

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1 effective date of this amendatory Act of 1991 shall be issued a

2 certificate of all pre-service ~~pre-~~ and in-service training

3 from his or her employer upon submitting the necessary

4 information. The employing agency shall be required to retain

5 records of all staff pre-service ~~pre-~~ and in-service training,

6 and shall provide such records to the Department upon request

7 and upon termination of the employer's contract with the

8 Department. In addition, the employing agency is responsible

9 for the issuance of certifications of in-service training

10 completed to their employees.

11 The Department is required to develop a system to ensure

12 that persons working as home care aides and personal

13 assistants receive increases in their wages when the federal

14 minimum wage is increased by requiring vendors to certify that

15 they are meeting the federal minimum wage statute for home

16 care aides and personal assistants. An employer that cannot

17 ensure that the minimum wage increase is being given to home

18 care aides and personal assistants shall be denied any

19 increase in reimbursement costs.

20 The Community Care Program Advisory Committee is created

21 in the Department on Aging. The Director shall appoint

22 individuals to serve in the Committee, who shall serve at

23 their own expense. Members of the Committee must abide by all

24 applicable ethics laws. The Committee shall advise the

25 Department on issues related to the Department's program of

26 services to prevent unnecessary institutionalization. The

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1 Committee shall meet on a bi-monthly basis and shall serve to

2 identify and advise the Department on present and potential

3 issues affecting the service delivery network, the program's

4 clients, and the Department and to recommend solution

5 strategies. Persons appointed to the Committee shall be

6 appointed on, but not limited to, their own and their agency's

7 experience with the program, geographic representation, and

8 willingness to serve. The Director shall appoint members to

9 the Committee to represent provider, advocacy, policy

10 research, and other constituencies committed to the delivery

11 of high quality home and community-based services to older

12 adults. Representatives shall be appointed to ensure

13 representation from community care providers, including, but

14 not limited to, adult day service providers, homemaker

15 providers, case coordination and case management units,

16 emergency home response providers, statewide trade or labor

17 unions that represent home care aides and direct care staff,

18 area agencies on aging, adults over age 60, membership

19 organizations representing older adults, and other

20 organizational entities, providers of care, or individuals

21 with demonstrated interest and expertise in the field of home

22 and community care as determined by the Director.

23 Nominations may be presented from any agency or State

24 association with interest in the program. The Director, or his

25 or her designee, shall serve as the permanent co-chair of the

26 advisory committee. One other co-chair shall be nominated and

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1 approved by the members of the committee on an annual basis.

2 Committee members' terms of appointment shall be for 4 years

3 with one-quarter of the appointees' terms expiring each year.

4 A member shall continue to serve until his or her replacement

5 is named. The Department shall fill vacancies that have a

6 remaining term of over one year, and this replacement shall

7 occur through the annual replacement of expiring terms. The

8 Director shall designate Department staff to provide technical

9 assistance and staff support to the committee. Department

10 representation shall not constitute membership of the

11 committee. All Committee papers, issues, recommendations,

12 reports, and meeting memoranda are advisory only. The

13 Director, or his or her designee, shall make a written report,

14 as requested by the Committee, regarding issues before the

15 Committee.

16 The Department on Aging and the Department of Human

17 Services shall cooperate in the development and submission of

18 an annual report on programs and services provided under this

19 Section. Such joint report shall be filed with the Governor

20 and the General Assembly on or before March 31 of the following

21 fiscal year.

22 The requirement for reporting to the General Assembly

23 shall be satisfied by filing copies of the report as required

24 by Section 3.1 of the General Assembly Organization Act and

25 filing such additional copies with the State Government Report

26 Distribution Center for the General Assembly as is required

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1 under paragraph (t) of Section 7 of the State Library Act.

2 Those persons previously found eligible for receiving

3 non-institutional services whose services were discontinued

4 under the Emergency Budget Act of Fiscal Year 1992, and who do

5 not meet the eligibility standards in effect on or after July

6 1, 1992, shall remain ineligible on and after July 1, 1992.

7 Those persons previously not required to cost-share and who

8 were required to cost-share effective March 1, 1992, shall

9 continue to meet cost-share requirements on and after July 1,

10 1992. Beginning July 1, 1992, all clients will be required to

11 meet eligibility, cost-share, and other requirements and will

12 have services discontinued or altered when they fail to meet

13 these requirements.

14 For the purposes of this Section, "flexible senior

15 services" refers to services that require one-time or periodic

16 expenditures, including, but not limited to, respite care,

17 home modification, assistive technology, housing assistance,

18 and transportation.

19 The Department shall implement an electronic service

20 verification based on global positioning systems or other

21 cost-effective technology for the Community Care Program no

22 later than January 1, 2014.

23 The Department shall require, as a condition of

24 eligibility, enrollment in the medical assistance program

25 under Article V of the Illinois Public Aid Code (i) beginning

26 August 1, 2013, if the Auditor General has reported that the

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1 Department has failed to comply with the reporting

2 requirements of Section 2-27 of the Illinois State Auditing

3 Act; or (ii) beginning June 1, 2014, if the Auditor General has

4 reported that the Department has not undertaken the required

5 actions listed in the report required by subsection (a) of

6 Section 2-27 of the Illinois State Auditing Act.

7 The Department shall delay Community Care Program services

8 until an applicant is determined eligible for medical

9 assistance under Article V of the Illinois Public Aid Code (i)

10 beginning August 1, 2013, if the Auditor General has reported

11 that the Department has failed to comply with the reporting

12 requirements of Section 2-27 of the Illinois State Auditing

13 Act; or (ii) beginning June 1, 2014, if the Auditor General has

14 reported that the Department has not undertaken the required

15 actions listed in the report required by subsection (a) of

16 Section 2-27 of the Illinois State Auditing Act.

17 The Department shall implement co-payments for the

18 Community Care Program at the federally allowable maximum

19 level (i) beginning August 1, 2013, if the Auditor General has

20 reported that the Department has failed to comply with the

21 reporting requirements of Section 2-27 of the Illinois State

22 Auditing Act; or (ii) beginning June 1, 2014, if the Auditor

23 General has reported that the Department has not undertaken

24 the required actions listed in the report required by

25 subsection (a) of Section 2-27 of the Illinois State Auditing

26 Act.

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1 The Department shall continue to provide other Community

2 Care Program reports as required by statute.

3 The Department shall conduct a quarterly review of Care

4 Coordination Unit performance and adherence to service

5 guidelines. The quarterly review shall be reported to the

6 Speaker of the House of Representatives, the Minority Leader

7 of the House of Representatives, the President of the Senate,

8 and the Minority Leader of the Senate. The Department shall

9 collect and report longitudinal data on the performance of

10 each care coordination unit. Nothing in this paragraph shall

11 be construed to require the Department to identify specific

12 care coordination units.

13 In regard to community care providers, failure to comply

14 with Department on Aging policies shall be cause for

15 disciplinary action, including, but not limited to,

16 disqualification from serving Community Care Program clients.

17 Each provider, upon submission of any bill or invoice to the

18 Department for payment for services rendered, shall include a

19 notarized statement, under penalty of perjury pursuant to

20 Section 1-109 of the Code of Civil Procedure, that the

21 provider has complied with all Department policies.

22 The Director of the Department on Aging shall make

23 information available to the State Board of Elections as may

24 be required by an agreement the State Board of Elections has

25 entered into with a multi-state voter registration list

26 maintenance system.

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1 Within 30 days after July 6, 2017 (the effective date of

2 Public Act 100-23), rates shall be increased to $18.29 per

3 hour, for the purpose of increasing, by at least $.72 per hour,

4 the wages paid by those vendors to their employees who provide

5 homemaker services. The Department shall pay an enhanced rate

6 under the Community Care Program to those in-home service

7 provider agencies that offer health insurance coverage as a

8 benefit to their direct service worker employees consistent

9 with the mandates of Public Act 95-713. For State fiscal years

10 2018 and 2019, the enhanced rate shall be $1.77 per hour. The

11 rate shall be adjusted using actuarial analysis based on the

12 cost of care, but shall not be set below $1.77 per hour. The

13 Department shall adopt rules, including emergency rules under

14 subsections (y) and (bb) of Section 5-45 of the Illinois

15 Administrative Procedure Act, to implement the provisions of

16 this paragraph.

17 Subject to federal approval, beginning on January 1, 2024,

18 rates for adult day services shall be increased to $16.84 per

19 hour and rates for each way transportation services for adult

20 day services shall be increased to $12.44 per unit

21 transportation.

22 Subject to federal approval, on and after January 1, 2024,

23 rates for homemaker services shall be increased to $28.07 to

24 sustain a minimum wage of $17 per hour for direct service

25 workers. Rates in subsequent State fiscal years shall be no

26 lower than the rates put into effect upon federal approval.

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1 Providers of in-home services shall be required to certify to

2 the Department that they remain in compliance with the

3 mandated wage increase for direct service workers. Fringe

4 benefits, including, but not limited to, paid time off and

5 payment for training, health insurance, travel, or

6 transportation, shall not be reduced in relation to the rate

7 increases described in this paragraph.

8 Subject to and upon federal approval, on and after January

9 1, 2025, rates for homemaker services shall be increased to

10 $29.63 to sustain a minimum wage of $18 per hour for direct

11 service workers. Rates in subsequent State fiscal years shall

12 be no lower than the rates put into effect upon federal

13 approval. Providers of in-home services shall be required to

14 certify to the Department that they remain in compliance with

15 the mandated wage increase for direct service workers. Fringe

16 benefits, including, but not limited to, paid time off and

17 payment for training, health insurance, travel, or

18 transportation, shall not be reduced in relation to the rate

19 increases described in this paragraph.

20 The General Assembly finds it necessary to authorize an

21 aggressive Medicaid enrollment initiative designed to maximize

22 federal Medicaid funding for the Community Care Program which

23 produces significant savings for the State of Illinois. The

24 Department on Aging shall establish and implement a Community

25 Care Program Medicaid Initiative. Under the Initiative, the

26 Department on Aging shall, at a minimum: (i) provide an

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1 enhanced rate to adequately compensate care coordination units

2 to enroll eligible Community Care Program clients into

3 Medicaid; (ii) use recommendations from a stakeholder

4 committee on how best to implement the Initiative; and (iii)

5 establish requirements for State agencies to make enrollment

6 in the State's Medical Assistance program easier for seniors.

7 The Community Care Program Medicaid Enrollment Oversight

8 Subcommittee is created as a subcommittee of the Older Adult

9 Services Advisory Committee established in Section 35 of the

10 Older Adult Services Act to make recommendations on how best

11 to increase the number of medical assistance recipients who

12 are enrolled in the Community Care Program. The Subcommittee

13 shall consist of all of the following persons who must be

14 appointed within 30 days after June 4, 2018 (the effective

15 date of Public Act 100-587) ~~this amendatory Act of the 100th~~

16 ~~General Assembly~~:

17 (1) The Director of Aging, or his or her designee, who

18 shall serve as the chairperson of the Subcommittee.

19 (2) One representative of the Department of Healthcare

20 and Family Services, appointed by the Director of

21 Healthcare and Family Services.

22 (3) One representative of the Department of Human

23 Services, appointed by the Secretary of Human Services.

24 (4) One individual representing a care coordination

25 unit, appointed by the Director of Aging.

26 (5) One individual from a non-governmental statewide

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1 organization that advocates for seniors, appointed by the

2 Director of Aging.

3 (6) One individual representing Area Agencies on

4 Aging, appointed by the Director of Aging.

5 (7) One individual from a statewide association

6 dedicated to Alzheimer's care, support, and research,

7 appointed by the Director of Aging.

8 (8) One individual from an organization that employs

9 persons who provide services under the Community Care

10 Program, appointed by the Director of Aging.

11 (9) One member of a trade or labor union representing

12 persons who provide services under the Community Care

13 Program, appointed by the Director of Aging.

14 (10) One member of the Senate, who shall serve as

15 co-chairperson, appointed by the President of the Senate.

16 (11) One member of the Senate, who shall serve as

17 co-chairperson, appointed by the Minority Leader of the

18 Senate.

19 (12) One member of the House of Representatives, who

20 shall serve as co-chairperson, appointed by the Speaker of

21 the House of Representatives.

22 (13) One member of the House of Representatives, who

23 shall serve as co-chairperson, appointed by the Minority

24 Leader of the House of Representatives.

25 (14) One individual appointed by a labor organization

26 representing frontline employees at the Department of

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1 Human Services.

2 The Subcommittee shall provide oversight to the Community

3 Care Program Medicaid Initiative and shall meet quarterly. At

4 each Subcommittee meeting the Department on Aging shall

5 provide the following data sets to the Subcommittee: (A) the

6 number of Illinois residents, categorized by planning and

7 service area, who are receiving services under the Community

8 Care Program and are enrolled in the State's Medical

9 Assistance Program; (B) the number of Illinois residents,

10 categorized by planning and service area, who are receiving

11 services under the Community Care Program, but are not

12 enrolled in the State's Medical Assistance Program; and (C)

13 the number of Illinois residents, categorized by planning and

14 service area, who are receiving services under the Community

15 Care Program and are eligible for benefits under the State's

16 Medical Assistance Program, but are not enrolled in the

17 State's Medical Assistance Program. In addition to this data,

18 the Department on Aging shall provide the Subcommittee with

19 plans on how the Department on Aging will reduce the number of

20 Illinois residents who are not enrolled in the State's Medical

21 Assistance Program but who are eligible for medical assistance

22 benefits. The Department on Aging shall enroll in the State's

23 Medical Assistance Program those Illinois residents who

24 receive services under the Community Care Program and are

25 eligible for medical assistance benefits but are not enrolled

26 in the State's Medicaid Assistance Program. The data provided

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1 to the Subcommittee shall be made available to the public via

2 the Department on Aging's website.

3 The Department on Aging, with the involvement of the

4 Subcommittee, shall collaborate with the Department of Human

5 Services and the Department of Healthcare and Family Services

6 on how best to achieve the responsibilities of the Community

7 Care Program Medicaid Initiative.

8 The Department on Aging, the Department of Human Services,

9 and the Department of Healthcare and Family Services shall

10 coordinate and implement a streamlined process for seniors to

11 access benefits under the State's Medical Assistance Program.

12 The Subcommittee shall collaborate with the Department of

13 Human Services on the adoption of a uniform application

14 submission process. The Department of Human Services and any

15 other State agency involved with processing the medical

16 assistance application of any person enrolled in the Community

17 Care Program shall include the appropriate care coordination

18 unit in all communications related to the determination or

19 status of the application.

20 The Community Care Program Medicaid Initiative shall

21 provide targeted funding to care coordination units to help

22 seniors complete their applications for medical assistance

23 benefits. On and after July 1, 2019, care coordination units

24 shall receive no less than $200 per completed application,

25 which rate may be included in a bundled rate for initial intake

26 services when Medicaid application assistance is provided in

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1 conjunction with the initial intake process for new program

2 participants.

3 The Community Care Program Medicaid Initiative shall cease

4 operation 5 years after June 4, 2018 (the effective date of

5 Public Act 100-587) ~~this amendatory Act of the 100th General~~

6 ~~Assembly~~, after which the Subcommittee shall dissolve.

7 Effective July 1, 2023, subject to federal approval, the

8 Department on Aging shall reimburse Care Coordination Units at

9 the following rates for case management services: $252.40 for

10 each initial assessment; $366.40 for each initial assessment

11 with translation; $229.68 for each redetermination assessment;

12 $313.68 for each redetermination assessment with translation;

13 $200.00 for each completed application for medical assistance

14 benefits; $132.26 for each face-to-face, choices-for-care

15 screening; $168.26 for each face-to-face, choices-for-care

16 screening with translation; $124.56 for each 6-month,

17 face-to-face visit; $132.00 for each MCO participant

18 eligibility determination; and $157.00 for each MCO

19 participant eligibility determination with translation.

20 (Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23;

21 103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102,

22 Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90,

23 Section 90-5, eff. 1-1-24; revised 12-12-23.)

24 Article 25.

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1 Section 25-1. Short title. This Act may be cited as the

2 Illinois Caregiver Assistance and Resource Portal Act. As used

3 in this Article, "this Act" refers to this Article.

4 Section 25-5. Purpose and intent. The purpose of this Act

5 is to establish a State-created virtual portal that features a

6 virtual comprehensive directory of State, federal, non-profit,

7 and paid resources dedicated to caregiving and Illinois'

8 1,300,000 unpaid caregivers. The mission of this portal is to

9 provide caregivers with simplified and trusted access to an

10 information, support, and resource website to help caregivers

11 develop and implement caregiving plans for their loved ones or

12 friends.

13 Section 25-10. Establishment of the Illinois Caregiver

14 Assistance and Resources Portal.

15 (a) The Department on Aging, in consultation with the

16 Department of Healthcare and Family Services, the Department

17 of Public Health, and the Department of Veterans' Affairs,

18 shall be responsible for the creation and maintenance of the

19 Illinois Caregiver Assistance and Resource Portal (hereinafter

20 referred to as the "Portal").

21 (b) The Portal shall serve as a centralized and trusted

22 online platform offering a wide range of resources related to

23 caregiving, including, but not limited to:

24 (1) Information on State and federal programs,

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1 benefits, and resources on caregiving, long-term care, and

2 at-home care for Illinois residents who are 50 years of

3 age or older.

4 (2) Information from non-profit organizations

5 providing free-of-charge caregiving support and resources.

6 (3) Tools and guides for developing and implementing

7 caregiving plans.

8 (4) Direct contact information for relevant Illinois

9 agencies, organizations, and other State-licensed

10 long-term care, aging, senior support services, and

11 at-home care providers.

12 (5) Educational materials, articles, and videos on

13 caregiving best practices.

14 (6) Accommodations for users with different language

15 preferences, ensuring the information is accessible to

16 diverse audiences.

17 (c) By incorporating these resources, the Portal aims to

18 serve as a comprehensive and user-friendly hub for caregivers,

19 providing them with the tools, information, and support they

20 need to navigate the complex landscape of caregiving, nursing

21 home care, and at-home care and other essential resources that

22 are readily accessible. Additional information and resources

23 to be featured may include the following:

24 (1) Caregiving resources: A comprehensive section

25 dedicated to caregiving, including guides, articles, and

26 videos on caregiving techniques, managing caregiver

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1 stress, and enhancing the quality of care provided.

2 (2) Home and community-based services: Resources,

3 descriptions, and opportunities on how the State supports

4 family caregivers, to include, but not be limited to, the

5 Senior HelpLine, Illinois Care Connections, the Community

6 Care Program, Adult Protective Services, the Illinois

7 Long-Term Care Ombudsman, Adult Day Services, the Home

8 Delivered Meals program, and all other programming and

9 services offered by the Department on Aging.

10 (3) Nursing home care: State and federal information

11 and online resources on nursing homes, including facility

12 ratings, reviews, and resources for choosing the right

13 nursing home based on specific needs and preferences.

14 (4) Area Agency on Aging: A dedicated section

15 highlighting the services and programs offered by Area

16 Agencies on Aging, including, but not limited to,

17 assistance with long-term care planning, nutrition,

18 transportation, caregiver support and need assessment, and

19 the address and contact information of statewide Area

20 Agencies on Aging and Aging and Disability Resource

21 Centers.

22 (5) At-home care: Resources and guides for at-home

23 care, including information on hiring caregivers, managing

24 in-home medical and non-medical care, and ensuring a safe

25 and comfortable home environment.

26 (6) Hospital-to-home transition: A specialized section

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1 focusing on the transition from hospital care to

2 home-based care, offering tips, checklists, and resources

3 to ensure a smooth transition and continued recovery at

4 home.

5 (7) Contact Information: Direct contact details for

6 relevant agencies, organizations, and State-licensed

7 professionals involved in caregiving, nursing home care,

8 and at-home care, making it easy for users to connect with

9 the right resources.

10 (8) Medicaid coverage and resources: Information on

11 Medicaid coverage for long-term care services, eligibility

12 criteria, application procedures, and available

13 Medicaid-funded programs and services to support

14 caregivers and care recipients.

15 (9) Financial assistance: Details on financial

16 assistance programs and benefits available at the State

17 and federal levels, including grants, subsidies, and tax

18 incentives that can ease the financial burden of

19 caregiving.

20 (10) Veterans' assistance: Details on veterans'

21 assistance programs and benefits available at the State

22 and federal levels.

23 (11) Legal and planning Tools: Resources for legal

24 matters related to caregiving, such as power of attorney,

25 advance directives, and estate planning, and tools to help

26 users create and manage caregiving plans. Services offered

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1 under this paragraph do not include the practice of law.

2 (12) Support groups: A directory of local caregiver

3 support groups and online communities where caregivers can

4 connect, share experiences, and receive emotional support.

5 Section 25-15. Accessibility and user-friendliness.

6 (a) The Portal shall be designed to be user-friendly and

7 accessible to individuals of all ages and abilities.

8 (b) The Portal shall include features such as search

9 functionality, language accessibility, and compatibility with

10 assistive technologies to ensure that a diverse range of

11 caregivers can use it.

12 Section 25-20. Outreach and promotion.

13 (a) The Department on Aging, in consultation with the

14 Department of Healthcare and Family Services, the Department

15 of Public Health, the Department of Human Services, and the

16 Department of Veterans' Affairs, shall undertake an outreach

17 and promotional campaign to raise awareness about the Portal

18 and its resources upon completion.

19 (b) The campaign shall include a digital-first strategy to

20 inform health care providers, social service agencies, and

21 community organizations about the Portal's availability.

22 (c) The campaign shall coordinate with the State-wide

23 2-1-1 Service system administered under the 2-1-1 Service Act

24 in order to insure persons calling 2-1-1 telephone lines are

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1 directed, when appropriate, to the Portal and reciprocally to

2 2-1-1.

3 Section 25-25. Reporting and evaluation. The Department on

4 Aging, in consultation with the Department of Healthcare and

5 Family Services, the Department of Public Health, and the

6 Department of Veterans' Affairs, shall provide an annual

7 report to the General Assembly and the Governor outlining the

8 usage statistics, user feedback, and any necessary

9 improvements to the Portal.

10 Section 25-30. Funding. Funding for the creation,

11 maintenance, and promotion of the Portal shall be appropriated

12 from State funding and can be matched with possible federal

13 resources.

14 Section 25-35. Implementation date. The essential elements

15 of the Portal shall be listed online in 2025 and shall be fully

16 available by July 1, 2027.

17 Article 30.

18 Section 30-5. The Department of Revenue Law of the Civil

19 Administrative Code of Illinois is amended by changing Section

20 2505-810 as follows:

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1 (20 ILCS 2505/2505-810)

2 Sec. 2505-810. Veterans Property Tax Relief Reimbursement

3 Pilot Program.

4 (a) Subject to appropriation, for State fiscal years that

5 begin on or after July 1, 2023 and before July 1, 2028, the

6 Department shall establish and administer a Veterans Property

7 Tax Relief Reimbursement Pilot Program. For purposes of the

8 Program, the Department shall reimburse eligible taxing

9 districts, in an amount calculated under subsection (c), for

10 revenue loss associated with providing homestead exemptions to

11 veterans with disabilities. A taxing district is eligible for

12 reimbursement under this Section if (i) application of the

13 homestead exemptions for veterans with disabilities under

14 Sections 15-165 and 15-169 of the Property Tax Code results in

15 a cumulative reduction of more than 2.5% in the total

16 equalized assessed value of all taxable property in the taxing

17 district, when compared with the total equalized assessed

18 value of all taxable property in the taxing district prior to

19 the application of those exemptions, for the taxable year that

20 is 2 years before the start of the State fiscal year in which

21 the application for reimbursement is made and (ii) the taxing

22 district is located in whole or in part in a county that

23 contains a United States military base. Reimbursement payments

24 shall be made to the county that applies to the Department of

25 Revenue on behalf of the taxing district under subsection (b)

26 and shall be distributed by the county to the taxing district

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1 as directed by the Department of Revenue.

2 (b) If the county clerk determines that one or more taxing

3 districts located in whole or in part in the county qualify for

4 reimbursement under this Section, then the county clerk shall

5 apply to the Department of Revenue on behalf of the taxing

6 district for reimbursement under this Section in the form and

7 manner required by the Department. The county clerk shall

8 consolidate applications submitted on behalf of more than one

9 taxing district into a single application. The Department of

10 Revenue may audit the information submitted by the county

11 clerk as part of the application under this Section for the

12 purpose of verifying the accuracy of that information.

13 (c) Subject to the maximum aggregate reimbursement amount

14 set forth in this subsection, the amount of the reimbursement

15 shall be as follows:

16 (1) for reimbursements awarded for the fiscal year

17 that begins on July 1, 2023, 50% of the product generated

18 by multiplying 90% of the total dollar amount of

19 exemptions granted for taxable year 2021 under Section

20 15-165 or Section 15-169 of the Property Tax Code to

21 property located in the taxing district by the taxing

22 district's property tax rate for taxable year 2021; and

23 (2) for reimbursements awarded for fiscal years that

24 begin on or after July 1, 2024 and begin before July 1,

25 2028, 100% of the product generated by multiplying 90% of

26 the total dollar amount of exemptions granted for the base

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1 year under Section 15-165 or Section 15-169 of the

2 Property Tax Code to property located in the taxing

3 district by the taxing district's property tax rate for

4 the base year.

5 The aggregate amount of reimbursements that may be awarded

6 under this Section for all taxing districts in any calendar

7 year may not exceed the lesser of $30,000,000 ~~$15,000,000~~ or

8 the amount appropriated for the program for that calendar

9 year. If the total amount of eligible reimbursements under

10 this Section exceeds the lesser of $30,000,000 ~~$15,000,000~~ or

11 the amount appropriated for the program for that calendar

12 year, then the reimbursement amount awarded to each particular

13 taxing district shall be reduced on a pro rata basis until the

14 aggregate amount of reimbursements awarded under this Section

15 for the calendar year does not exceed the lesser of

16 $30,000,000 ~~$15,000,000~~ or the amount appropriated for the

17 program for the calendar year.

18 (d) The Department of Revenue may adopt rules necessary

19 for the implementation of this Section.

20 (e) As used in this Section:

21 "Base year" means the taxable year that is 2 years before

22 the start of the State fiscal year in which the application for

23 reimbursement is made.

24 "Taxable year" means the calendar year during which

25 property taxes payable in the next succeeding year are levied.

26 "Taxing district" has the meaning given to that term in

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1 Section 1-150 of the Property Tax Code.

2 (Source: P.A. 103-8, eff. 6-7-23.)

3 Article 35.

4 Section 35-5. The Illinois Horse Racing Act of 1975 is

5 amended by changing Section 31 as follows:

6 (230 ILCS 5/31) (from Ch. 8, par. 37-31)

7 Sec. 31. (a) The General Assembly declares that it is the

8 policy of this State to encourage the breeding of standardbred

9 horses in this State and the ownership of such horses by

10 residents of this State in order to provide for: sufficient

11 numbers of high quality standardbred horses to participate in

12 harness racing meetings in this State, and to establish and

13 preserve the agricultural and commercial benefits of such

14 breeding and racing industries to the State of Illinois. It is

15 the intent of the General Assembly to further this policy by

16 the provisions of this Section of this Act.

17 (b) Each organization licensee conducting a harness racing

18 meeting pursuant to this Act shall provide for at least two

19 races each race program limited to Illinois conceived and

20 foaled horses. A minimum of 6 races shall be conducted each

21 week limited to Illinois conceived and foaled horses. No

22 horses shall be permitted to start in such races unless duly

23 registered under the rules of the Department of Agriculture.

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1 (b-5) Organization licensees, not including the Illinois

2 State Fair or the DuQuoin State Fair, shall provide stake

3 races and early closer races for Illinois conceived and foaled

4 horses so that purses distributed for such races shall be no

5 less than 17% of total purses distributed for harness racing

6 in that calendar year in addition to any stakes payments and

7 starting fees contributed by horse owners.

8 (b-10) Each organization licensee conducting a harness

9 racing meeting pursuant to this Act shall provide an owner

10 award to be paid from the purse account equal to 12% of the

11 amount earned by Illinois conceived and foaled horses

12 finishing in the first 3 positions in races that are not

13 restricted to Illinois conceived and foaled horses. The owner

14 awards shall not be paid on races below the $10,000 claiming

15 class.

16 (c) Conditions of races under subsection (b) shall be

17 commensurate with past performance, quality, and class of

18 Illinois conceived and foaled horses available. If, however,

19 sufficient competition cannot be had among horses of that

20 class on any day, the races may, with consent of the Board, be

21 eliminated for that day and substitute races provided.

22 (d) There is hereby created a special fund of the State

23 treasury ~~Treasury~~ to be known as the Illinois Standardbred

24 Breeders Fund. Beginning on June 28, 2019 (the effective date

25 of Public Act 101-31), the Illinois Standardbred Breeders Fund

26 shall become a non-appropriated trust fund held separate and

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1 apart from State moneys. Expenditures from this Fund shall no

2 longer be subject to appropriation.

3 During the calendar year 1981, and each year thereafter,

4 except as provided in subsection (g) of Section 27 of this Act,

5 eight and one-half per cent of all the monies received by the

6 State as privilege taxes on harness racing meetings shall be

7 paid into the Illinois Standardbred Breeders Fund.

8 (e) Notwithstanding any provision of law to the contrary,

9 amounts deposited into the Illinois Standardbred Breeders Fund

10 from revenues generated by gaming pursuant to an organization

11 gaming license issued under the Illinois Gambling Act after

12 June 28, 2019 (the effective date of Public Act 101-31) shall

13 be in addition to tax and fee amounts paid under this Section

14 for calendar year 2019 and thereafter. The Illinois

15 Standardbred Breeders Fund shall be administered by the

16 Department of Agriculture with the assistance and advice of

17 the Advisory Board created in subsection (f) of this Section.

18 (f) The Illinois Standardbred Breeders Fund Advisory Board

19 is hereby created. The Advisory Board shall consist of the

20 Director of the Department of Agriculture, who shall serve as

21 Chairman; the Superintendent of the Illinois State Fair; a

22 member of the Illinois Racing Board, designated by it; a

23 representative of the largest association of Illinois

24 standardbred owners and breeders, recommended by it; a

25 representative of a statewide association representing

26 agricultural fairs in Illinois, recommended by it, such

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1 representative to be from a fair at which Illinois conceived

2 and foaled racing is conducted; a representative of the

3 organization licensees conducting harness racing meetings,

4 recommended by them; a representative of the Breeder's

5 Committee of the association representing the largest number

6 of standardbred owners, breeders, trainers, caretakers, and

7 drivers, recommended by it; and a representative of the

8 association representing the largest number of standardbred

9 owners, breeders, trainers, caretakers, and drivers,

10 recommended by it. Advisory Board members shall serve for 2

11 years commencing January 1 of each odd numbered year. If

12 representatives of the largest association of Illinois

13 standardbred owners and breeders, a statewide association of

14 agricultural fairs in Illinois, the association representing

15 the largest number of standardbred owners, breeders, trainers,

16 caretakers, and drivers, a member of the Breeder's Committee

17 of the association representing the largest number of

18 standardbred owners, breeders, trainers, caretakers, and

19 drivers, and the organization licensees conducting harness

20 racing meetings have not been recommended by January 1 of each

21 odd numbered year, the Director of the Department of

22 Agriculture shall make an appointment for the organization

23 failing to so recommend a member of the Advisory Board.

24 Advisory Board members shall receive no compensation for their

25 services as members but shall be reimbursed for all actual and

26 necessary expenses and disbursements incurred in the execution

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1 of their official duties.

2 (g) Monies expended from the Illinois Standardbred

3 Breeders Fund shall be expended by the Department of

4 Agriculture, with the assistance and advice of the Illinois

5 Standardbred Breeders Fund Advisory Board for the following

6 purposes only:

7 1. To provide purses for races limited to Illinois

8 conceived and foaled horses at the State Fair and the

9 DuQuoin State Fair.

10 2. To provide purses for races limited to Illinois

11 conceived and foaled horses at county fairs.

12 3. To provide purse supplements for races limited to

13 Illinois conceived and foaled horses conducted by

14 associations conducting harness racing meetings.

15 4. No less than 75% of all monies in the Illinois

16 Standardbred Breeders Fund shall be expended for purses in

17 1, 2, and 3 as shown above.

18 5. In the discretion of the Department of Agriculture

19 to provide awards to harness breeders of Illinois

20 conceived and foaled horses which win races conducted by

21 organization licensees conducting harness racing meetings.

22 A breeder is the owner of a mare at the time of conception.

23 No more than 10% of all moneys transferred into the

24 Illinois Standardbred Breeders Fund shall be expended for

25 such harness breeders awards. No more than 25% of the

26 amount expended for harness breeders awards shall be

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1 expended for expenses incurred in the administration of

2 such harness breeders awards.

3 6. To pay for the improvement of racing facilities

4 located at the State Fair and County fairs.

5 7. To pay the expenses incurred in the administration

6 of the Illinois Standardbred Breeders Fund.

7 8. To promote the sport of harness racing, including

8 grants up to a maximum of $7,500 per fair per year for

9 conducting pari-mutuel wagering during the advertised

10 dates of a county fair.

11 9. To pay up to $50,000 annually for the Department of

12 Agriculture to conduct drug testing at county fairs racing

13 standardbred horses.

14 (h) The Illinois Standardbred Breeders Fund is not subject

15 to administrative charges or chargebacks, including, but not

16 limited to, those authorized under Section 8h of the State

17 Finance Act.

18 (i) A sum equal to 13% of the first prize money of the

19 gross purse won by an Illinois conceived and foaled horse

20 shall be paid 50% by the organization licensee conducting the

21 horse race meeting to the breeder of such winning horse from

22 the organization licensee's account and 50% from the purse

23 account of the licensee. Such payment shall not reduce any

24 award to the owner of the horse or reduce the taxes payable

25 under this Act. Such payment shall be delivered by the

26 organization licensee at the end of each quarter.

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1 (j) The Department of Agriculture shall, by rule, with the

2 assistance and advice of the Illinois Standardbred Breeders

3 Fund Advisory Board:

4 1. Qualify stallions for Illinois Standardbred

5 Breeders Fund breeding. Such stallion shall stand for

6 service at and within the State of Illinois at the time of

7 a foal's conception, and such stallion must not stand for

8 service at any place outside the State of Illinois during

9 that calendar year in which the foal is conceived.

10 However, on and after January 1, 2018, semen from an

11 Illinois stallion may be transported outside the State of

12 Illinois.

13 2. Provide for the registration of Illinois conceived

14 and foaled horses and no such horse shall compete in the

15 races limited to Illinois conceived and foaled horses

16 unless registered with the Department of Agriculture. The

17 Department of Agriculture may prescribe such forms as may

18 be necessary to determine the eligibility of such horses.

19 No person shall knowingly prepare or cause preparation of

20 an application for registration of such foals containing

21 false information. A mare (dam) must be in the State at

22 least 30 days prior to foaling or remain in the State at

23 least 30 days at the time of foaling. However, the

24 requirement that a mare (dam) must be in the State at least

25 30 days before foaling or remain in the State at least 30

26 days at the time of foaling shall not be in effect from

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1 January 1, 2018 until January 1, 2022. Beginning with the

2 1996 breeding season and for foals of 1997 and thereafter,

3 a foal conceived by transported semen may be eligible for

4 Illinois conceived and foaled registration provided all

5 breeding and foaling requirements are met. The stallion

6 must be qualified for Illinois Standardbred Breeders Fund

7 breeding at the time of conception. The foal must be

8 dropped in Illinois and properly registered with the

9 Department of Agriculture in accordance with this Act.

10 However, from January 1, 2018 until January 1, 2022, the

11 requirement for a mare to be inseminated within the State

12 of Illinois and the requirement for a foal to be dropped in

13 Illinois are inapplicable.

14 3. Provide that at least a 5-day racing program shall

15 be conducted at the State Fair each year, unless an

16 alternate racing program is requested by the Illinois

17 Standardbred Breeders Fund Advisory Board, which program

18 shall include at least the following races limited to

19 Illinois conceived and foaled horses: (a) a 2-year-old

20 Trot and Pace, and Filly Division of each; (b) a

21 3-year-old Trot and Pace, and Filly Division of each; (c)

22 an aged Trot and Pace, and Mare Division of each.

23 4. Provide for the payment of nominating, sustaining,

24 and starting fees for races promoting the sport of harness

25 racing and for the races to be conducted at the State Fair

26 as provided in paragraph ~~subsection (j)~~ 3 of this

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1 subsection ~~Section~~ provided that the nominating,

2 sustaining, and starting payment required from an entrant

3 shall not exceed 2% of the purse of such race. All

4 nominating, sustaining, and starting payments shall be

5 held for the benefit of entrants and shall be paid out as

6 part of the respective purses for such races. Nominating,

7 sustaining, and starting fees shall be held in trust

8 accounts for the purposes as set forth in this Act and in

9 accordance with Section 205-15 of the Department of

10 Agriculture Law.

11 5. Provide for the registration with the Department of

12 Agriculture of Colt Associations or county fairs desiring

13 to sponsor races at county fairs.

14 6. Provide for the promotion of producing standardbred

15 racehorses by providing a bonus award program for owners

16 of 2-year-old horses that win multiple major stakes races

17 that are limited to Illinois conceived and foaled horses.

18 (k) The Department of Agriculture, with the advice and

19 assistance of the Illinois Standardbred Breeders Fund Advisory

20 Board, may allocate monies for purse supplements for such

21 races. In determining whether to allocate money and the

22 amount, the Department of Agriculture shall consider factors,

23 including, but not limited to, the amount of money transferred

24 into the Illinois Standardbred Breeders Fund, the number of

25 races that may occur, and an organization licensee's purse

26 structure. The organization licensee shall notify the

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1 Department of Agriculture of the conditions and minimum purses

2 for races limited to Illinois conceived and foaled horses to

3 be conducted by each organization licensee conducting a

4 harness racing meeting for which purse supplements have been

5 negotiated.

6 (l) All races held at county fairs and the State Fair which

7 receive funds from the Illinois Standardbred Breeders Fund

8 shall be conducted in accordance with the rules of the United

9 States Trotting Association unless otherwise modified by the

10 Department of Agriculture.

11 (m) At all standardbred race meetings held or conducted

12 under authority of a license granted by the Board, and at all

13 standardbred races held at county fairs which are approved by

14 the Department of Agriculture or at the Illinois or DuQuoin

15 State Fairs, no one shall jog, train, warm up, or drive a

16 standardbred horse unless he or she is wearing a protective

17 safety helmet, with the chin strap fastened and in place,

18 which meets the standards and requirements as set forth in the

19 1984 Standard for Protective Headgear for Use in Harness

20 Racing and Other Equestrian Sports published by the Snell

21 Memorial Foundation, or any standards and requirements for

22 headgear the Illinois Racing Board may approve. Any other

23 standards and requirements so approved by the Board shall

24 equal or exceed those published by the Snell Memorial

25 Foundation. Any equestrian helmet bearing the Snell label

26 shall be deemed to have met those standards and requirements.

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1 (n) In addition to any other transfer that may be provided

2 for by law, as soon as practical after the effective date of

3 the changes made to this Section by this amendatory Act of the

4 103rd General Assembly, but no later than July 3, 2024 the

5 State Comptroller shall direct and the State Treasurer shall

6 transfer the sum of $2,000,000 from the Fair and Exposition

7 Fund to the Illinois Standardbred Breeders Fund.

8 (Source: P.A. 102-558, eff. 8-20-21; 102-689, eff. 12-17-21;

9 103-8, eff. 6-7-23; revised 9-26-23.)

10 Article 40.

11 Section 40-5. The University of Illinois Act is amended by

12 adding Section 180 as follows:

13 (110 ILCS 305/180 new)

14 Sec. 180. Innovation center. The Board of Trustees,

15 directly or in cooperation with the University of Illinois at

16 Springfield Innovation Center partners, which shall consist of

17 other institutions of higher education, not-for-profit

18 organizations, businesses, and local governments, may finance,

19 design, construct, enlarge, improve, equip, complete, operate,

20 control, and manage a University of Illinois at Springfield

21 Innovation Center (UIS Innovation Center), which is a facility

22 or facilities dedicated to fostering and supporting innovation

23 in academics, entrepreneurship, workforce development, policy

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1 development, and non-profit or philanthropic activities.

2 Notwithstanding any other provision of law, the UIS Innovation

3 Center (1) may be located on land owned by the Board of

4 Trustees or a University of Illinois at Springfield Innovation

5 Center partner; and (2) shall have costs incurred in

6 connection with the design, construction, enlargement,

7 improvement, equipping, and completion of the business

8 incubation and innovation facilities paid with funds

9 appropriated to the Capital Development Board from the Build

10 Illinois Bond Fund for a grant to the Board of Trustees for the

11 UIS Innovation Center. If the UIS Innovation Center is located

12 on land owned by a University of Illinois at Springfield

13 Innovation Center partner, the Board of Trustees must have an

14 ownership interest in the facility or facilities or a portion

15 thereof. An ownership interest shall bear a reasonable

16 relationship to the proportional share of the costs paid by

17 such grant funds for a term equal to at least the useful life

18 of the innovation facilities.

19 Article 45.

20 Section 45-5. The Childhood Hunger Relief Act is amended

21 by changing Section 15 and by adding Section 18 as follows:

22 (105 ILCS 126/15)

23 Sec. 15. School breakfast program.

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1 (a) The board of education of each school district in this

2 State shall implement and operate a school breakfast program

3 in the next school year, if a breakfast program does not

4 currently exist, in accordance with federal guidelines in each

5 school building within its district in which at least 40% or

6 more of the students are eligible for free or reduced-price

7 lunches based upon the current year's October claim (for those

8 schools that participate in the National School Lunch Program)

9 or in which at least 40% or more of the students are classified

10 as low-income according to the Fall Housing Data from the

11 previous year (for those schools that do not participate in

12 the National School Lunch Program).

13 (b) School districts may charge students who do not meet

14 federal criteria for free school meals for the breakfasts

15 served to these students within the allowable limits set by

16 federal regulations.

17 (c) School breakfast programs established under this

18 Section shall be supported entirely by federal funds and

19 commodities, charges to students and other participants, and

20 other available State and local resources, including under the

21 School Breakfast and Lunch Program Act. Allowable costs for

22 reimbursement to school districts, in accordance with the

23 United States Department of Agriculture, include compensation

24 of employees for the time devoted and identified specifically

25 to implement the school breakfast program; the cost of

26 materials acquired, consumed, or expended specifically to

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1 implement the school breakfast program; equipment and other

2 approved capital expenditures necessary to implement the

3 school breakfast program; and transportation expenses incurred

4 specifically to implement and operate the school breakfast

5 program.

6 (d) A school district shall be allowed to opt out a school

7 or schools from the school breakfast program requirement of

8 this Section if it is determined that, due to circumstances

9 specific to that school district, the expense reimbursement

10 would not fully cover the costs of implementing and operating

11 a school breakfast program. The school district shall petition

12 its regional superintendent of schools by February 15 of each

13 year to request to be exempt from operating the school

14 breakfast program in the school or schools in the next school

15 year. The petition shall include all legitimate costs

16 associated with implementing and operating a school breakfast

17 program, the estimated reimbursement from State and federal

18 sources, and any unique circumstances the school district can

19 verify that exist that would cause the implementation and

20 operation of such a program to be cost prohibitive.

21 The regional superintendent of schools shall review the

22 petition. In accordance with the Open Meetings Act, he or she

23 shall convene a public hearing to hear testimony from the

24 school district and interested community members. The regional

25 superintendent shall, by March 15 of each year, inform the

26 school district of his or her decision, along with the reasons

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1 why the exemption was granted or denied, in writing. The

2 regional superintendent must also send notification to the

3 State Board of Education detailing which schools requested an

4 exemption and the results. If the regional superintendent

5 grants an exemption to the school district, then the school

6 district is relieved from the requirement to establish and

7 implement a school breakfast program in the school or schools

8 granted an exemption for the next school year.

9 If the regional superintendent of schools does not grant

10 an exemption, then the school district shall implement and

11 operate a school breakfast program in accordance with this

12 Section by the first student attendance day of the next school

13 year. However, the school district or a resident of the school

14 district may by April 15 appeal the decision of the regional

15 superintendent to the State Superintendent of Education. The

16 State Superintendent shall hear appeals on the decisions of

17 regional superintendents of schools no later than May 15 of

18 each year. The State Superintendent shall make a final

19 decision at the conclusion of the hearing on the school

20 district's request for an exemption from the school breakfast

21 program requirement. If the State Superintendent grants an

22 exemption, then the school district is relieved from the

23 requirement to implement and operate a school breakfast

24 program in the school or schools granted an exemption for the

25 next school year. If the State Superintendent does not grant

26 an exemption, then the school district shall implement and

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1 operate a school breakfast program in accordance with this

2 Section by the first student attendance day of the next school

3 year.

4 A school district may not attempt to opt out a school or

5 schools from the school breakfast program requirement of this

6 Section by requesting a waiver under Section 2-3.25g of the

7 School Code.

8 (e) For all schools operating a school breakfast program,

9 the State Board of Education shall collect information about

10 whether the school is operating a breakfast after the bell

11 program under Section 16 and, if so, what breakfast after the

12 bell model the school operates, including breakfast in the

13 classroom, second chance breakfast, and grab and go breakfast.

14 The State Board of Education shall make this data publicly

15 available annually.

16 (Source: P.A. 96-158, eff. 8-7-09.)

17 (105 ILCS 126/18 new)

18 Sec. 18. Breakfast after the bell grant program.

19 (a) Subject to appropriation, the State Board of Education

20 shall award grants of up to $7,000 per school site on a

21 competitive basis to eligible schools, school districts, or

22 entities approved by the State Board of Education for

23 nonrecurring expenses incurred in initiating a school

24 breakfast program under Section 16.

25 Grants awarded under this Section shall be used for

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1 nonrecurring costs of initiating a breakfast after the bell

2 program, including, but not limited to, the acquisition of

3 equipment, training of staff in new capacities, outreach

4 efforts to publicize new or expanded school breakfast

5 programs, minor alterations to accommodate new equipment,

6 computer point-of-service systems for food service, and the

7 purchase of vehicles for transporting food to schools.

8 (b) In making grant awards under this Section, the State

9 Board of Education shall give a preference to grant applicants

10 that do all of the following:

11 (1) Submit to the State Board of Education a plan to

12 start or expand school breakfast programs in the school

13 district or the educational service region, including a

14 description of the following:

15 (A) a description of each eligible school site's

16 breakfast program under Section 16, including which

17 school and school district stakeholders have been

18 engaged in the development of the program, including

19 but not limited to superintendent, principal, business

20 manager, school food service personnel, school nurse,

21 teachers, and janitorial staff;

22 (B) a budget outlining the nonrecurring expenses

23 needed to initiate a program at each school site; and

24 (C) any public or private resources that have been

25 assembled to carry out expansion of school breakfast

26 programs during the school year.

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1 (2) Agree to operate a school breakfast program under

2 Section 16 for a period of not less than 3 school years.

3 (3) Have higher rates of free or reduced-price

4 eligible students.

5 Article 55.

6 Section 5-55. The State Finance Act is amended by adding

7 Sections 5.1016 and 6z-142 as follows:

8 (30 ILCS 105/5.1016 new)

9 Sec. 5.1016. The Restore Fund.

10 (30 ILCS 105/6z-142 new)

11 Sec. 6z-142. The Restore Fund. The Restore Fund is created

12 as a special fund in the State treasury. Subject to

13 appropriation, all moneys in the Fund shall be used by the

14 Illinois State Police and the Administrative Office of the

15 Illinois Courts for expenses directly related to the

16 development and implementation of an automated criminal record

17 sealing program.

18 Article 99.

19 Section 99-97. Severability. The provisions of this Act

20 are severable under Section 1.31 of the Statute on Statutes.

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