Sen. Elgie R. Sims, Jr.

Filed: 5/31/2025

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1
AMENDMENT TO HOUSE BILL 1075
2    AMENDMENT NO. ______. Amend House Bill 1075, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
5
"Article 1.
6    Section 1-1. Short title. This Act may be cited as the
7Fiscal Year 2026 Budget Implementation Act.
8    Section 1-5. Purpose. It is the purpose of this Act to make
9changes in State programs that are necessary to implement the
10State budget for Fiscal Year 2026.
11
Article 5.
12    Section 5-5. The Department of Central Management Services
13Law of the Civil Administrative Code of Illinois is amended by

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1adding Section 405-217 and by changing Section 405-293 as
2follows:
3    (20 ILCS 405/405-217 new)
4    Sec. 405-217. Site readiness work.    
5    (a) As used in this Section:    
6    "Site readiness work" means services relating to the
7abatement, remediation, or demolition of any kind of surplus
8real property. "Site readiness work" includes, but is not
9limited to, work to prepare surveys, abstracts of title, or
10commitments for title insurance; environmental reports;
11property condition reports; or any other materials the
12Department may, in its reasonable discretion, deem necessary
13to demonstrate good and marketable title in and the existing
14conditions or characteristics of the surplus real property.    
15    "Surplus real property" has the meaning given to that term
16in Section 7.1 of the State Property Control Act.    
17    (b) The Department shall have all powers, duties, rights,
18and responsibilities relating to the procurement of site
19readiness work for surplus real property. The Department may
20enter into any agreements and execute any documents necessary
21or desirable to exercise the authority granted by this Section
22and may accept assignment of contracts entered into by other
23State agencies for site readiness work.
24    (c) The Department may adopt rules necessary or desirable
25to exercise the authority granted by this Section.    

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1    (20 ILCS 405/405-293)
2    Sec. 405-293. Professional Services.
3    (a) The Department of Central Management Services (the
4"Department") is responsible for providing professional
5services for or on behalf of State agencies for all functions
6transferred to the Department by Executive Order No. 2003-10
7(as modified by Section 5.5 of the Executive Reorganization
8Implementation Act) and may, with the approval of the
9Governor, provide additional services to or on behalf of State
10agencies. To the extent not compensated by direct fund
11transfers, the Department shall be reimbursed from each State
12agency receiving the benefit of these services. The
13reimbursement shall be determined by the Director of Central
14Management Services as the amount required to reimburse the
15Professional Services Fund for the Department's costs of
16rendering the professional services on behalf of that State
17agency. For purposes of this Section, funds due the Department
18for professional services may be reimbursed made through
19appropriations to the Department from the General Revenue
20Fund, as determined by and provided for by the General
21Assembly.
22    (a-5) The Department of Central Management Services may
23provide professional services and other services as authorized
24by subsection (a) for or on behalf of other State entities with
25the approval of both the Director of Central Management

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1Services and the appropriate official or governing body of the
2other State entity.
3    (a-10) To the extent not compensated by direct fund
4transfers, the Executive Ethics Commission, the Chief
5Procurement Officer appointed under paragraph (4) of
6subsection (a) of Section 10-20 of the Illinois Procurement
7Code, and the Commission on Equity and Inclusion shall be
8reimbursed by each State agency that receives the benefit of
9professional services that are provided by the Executive
10Ethics Commission, the Chief Procurement Officer, or the
11Commission on Equity and Inclusion and that were previously
12rendered by the Department. The Department shall coordinate
13with the Executive Ethics Commission, the Chief Procurement
14Officer, and the Commission on Equity and Inclusion, as
15applicable, in determining reimbursement amounts for transfer
16into the Professional Services Fund as provided in subsection
17(a).    
18    (b) For the purposes of this Section, "State agency" means
19each State agency, department, board, and commission directly
20responsible to the Governor. "Professional services" means
21legal services, internal audit services, and other services as
22approved by the Governor. "Other State entity" means the
23Illinois State Board of Education and the Illinois State Toll
24Highway Authority.
25(Source: P.A. 103-8, eff. 6-7-23.)

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1    Section 5-10. The Department of Commerce and Economic
2Opportunity Law of the Civil Administrative Code of Illinois
3is amended by changing Sections 605-515 and 605-1055 as
4follows:
5    (20 ILCS 605/605-515)    (was 20 ILCS 605/46.13a)
6    Sec. 605-515. Environmental Regulatory Assistance Program.
7    (a) In this Section, except where the context clearly
8requires otherwise, "small business stationary source" means a
9business that is owned or operated by a person that employs 100
10or fewer individuals; is a small business; is not a major
11stationary source as defined in Titles I and III of the federal
121990 Clean Air Act Amendments; does not emit 50 tons or more
13per year of any regulated pollutant (as defined under the
14federal Clean Air Act); and emits less than 75 tons per year of
15all regulated pollutants.
16    (b) The Department may:
17        (1) Provide access to technical and compliance
18 information for Illinois firms, including small and middle
19 market companies, to facilitate local business compliance
20 with the federal, State, and local environmental
21 regulations.
22        (2) Coordinate and enter into cooperative agreements
23 with a State ombudsman office, which shall be established
24 in accordance with the federal 1990 Clean Air Act
25 Amendments to provide direct oversight to the program

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1 established under that Act.
2        (3) Enter into contracts, cooperative agreements, and
3 financing agreements and establish and collect charges and
4 fees necessary or incidental to the performance of duties
5 and the execution of powers under this Section.
6        (4) Accept and expend, subject to appropriation,
7 gifts, grants, awards, funds, contributions, charges,
8 fees, and other financial or nonfinancial aid from
9 federal, State, and local governmental agencies,
10 businesses, educational agencies, not-for-profit
11 organizations, and other entities, for the purposes of
12 this Section.
13        (5) Establish, staff, and administer programs and
14 services and adopt such rules and regulations necessary to
15 carry out the intent of this Section and Section 507,
16 "Small Business Stationary Source Technical and
17 Environmental Compliance Assistance Program", of the
18 federal 1990 Clean Air Act Amendments.
19    (c) The Department's environmental compliance programs and
20services for businesses may include, but need not be limited
21to, the following:
22        (1) Communication and outreach services to or on
23 behalf of individual companies, including collection and
24 compilation of appropriate information on regulatory
25 compliance issues and control technologies, and
26 dissemination of that information through publications,

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1 direct mailings, electronic communications, conferences,
2 workshops, one-on-one counseling, and other means of
3 technical assistance.
4        (2) Provision of referrals and access to technical
5 assistance, pollution prevention and facility audits, and
6 otherwise serving as an information clearinghouse on
7 pollution prevention through the coordination of the
8 Illinois Sustainable Technology Center of the University
9 of Illinois. In addition, environmental and regulatory
10 compliance issues and techniques, which may include
11 business rights and responsibilities, applicable
12 permitting and compliance requirements, compliance methods
13 and acceptable control technologies, release detection,
14 and other applicable information may be provided.
15        (3) Coordination with and provision of administrative
16 and logistical support to the State Compliance Advisory
17 Panel.
18    (d) There is hereby created a special fund in the State
19Treasury to be known as the Small Business Environmental
20Assistance Fund. Monies received under subdivision (b)(4) of
21this Section shall be deposited into the Fund.
22    Monies in the Small Business Environmental Assistance Fund
23may be used, subject to appropriation, only for the purposes
24authorized by this Section. On July 1, 2025, or as soon
25thereafter as practical, the State Comptroller shall direct
26and the State Treasurer shall transfer the remaining balance

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1from the Small Business Environmental Assistance Fund into the
2Clean Air Act Permit Fund. Upon completion of the transfer,
3the Small Business Environmental Assistance Fund is dissolved,
4and any future deposits due to that Fund and any outstanding
5obligations or liabilities of that Fund shall pass to the
6Clean Air Act Permit Fund.    
7    (e) Subject to appropriation, the Department may use
8moneys from the Clean Air Act Permit Fund for the purposes
9authorized by this Section.
10(Source: P.A. 103-588, eff. 6-5-24.)
11    (20 ILCS 605/605-1055)
12    Sec. 605-1055. Illinois SBIR/STTR Matching Funds Program.
13    (a) There is established the Illinois Small Business
14Innovation Research (SBIR) and Small Business Technology
15Transfer (STTR) Matching Funds Program to be administered by
16the Department. In order to foster job creation and economic
17development in the State, the Department may make grants to
18eligible businesses to match funds received by the business as
19an SBIR or STTR Phase I award and to encourage businesses to
20apply for Phase II awards.
21    (b) In order to be eligible for a grant under this Section,
22a business must satisfy all of the following conditions:
23        (1) The business must be a for-profit, Illinois-based
24 business. For the purposes of this Section, an
25 Illinois-based business is one that has its principal

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1 place of business in this State;
2        (2) The business must have received an SBIR/STTR Phase
3 I award from a participating federal agency in response to
4 a specific federal solicitation. To receive the full
5 match, the business must also have submitted a final Phase
6 I report, demonstrated that the sponsoring agency has
7 interest in the Phase II proposal, and submitted a Phase
8 II proposal to the agency.
9        (3) The business must satisfy all federal SBIR/STTR
10 requirements.
11        (4) The business shall not receive concurrent funding
12 support from other sources that duplicates the purpose of
13 this Section.
14        (5) The business must certify that at least 51% of the
15 research described in the federal SBIR/STTR Phase II
16 proposal will be conducted in this State and that the
17 business will remain an Illinois-based business for the
18 duration of the SBIR/STTR Phase II project.
19        (6) The business must demonstrate its ability to
20 conduct research in its SBIR/STTR Phase II proposal.
21    (c) The Department may award grants to match the funds
22received by a business through an SBIR/STTR Phase I proposal
23up to a maximum of $75,000 $50,000. Seventy-five percent of
24the total grant shall be remitted to the business upon receipt
25of the SBIR/STTR Phase I award and application for funds under
26this Section. Twenty-five percent of the total grant shall be

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1remitted to the business upon submission by the business of
2the Phase II application to the funding agency and acceptance
3of the Phase I report by the funding agency. A business may
4receive only one grant under this subsection Section per year.
5A business may receive only one grant under this subsection    
6Section with respect to each federal proposal submission. Over
7its lifetime, a business may receive a maximum of 5 awards
8under this subsection Section.
9    (c-5) The Department may, subject to appropriation, award
10grants to match the funds received by a business through an
11SBIR/STTR Phase II proposal up to a maximum of $250,000. Fifty
12percent of the total grant shall be remitted to the business
13upon receipt of the SBIR/STTR Phase II award and application
14for funds under this Section. Fifty percent of the total grant
15shall be remitted to the business upon submission by the
16business of the Phase II final report to the federal funding
17agency. A business may receive only one grant under this
18subsection per year. A business may receive only one grant
19under this subsection with respect to each federal proposal
20submission. Over its lifetime, a business may receive a
21maximum of 2 awards under this subsection.    
22    (d) A business shall apply, under oath, to the Department
23for a grant under this Section on a form prescribed by the
24Department that includes at least all of the following:
25        (1) the name of the business, the form of business
26 organization under which it is operated, and the names and

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1 addresses of the principals or management of the business;
2        (2) an acknowledgment of receipt of the Phase I report
3 and Phase II proposal by the relevant federal agency; and
4        (3) any other information necessary for the Department
5 to evaluate the application.
6(Source: P.A. 101-657, eff. 3-23-21; 102-813, eff. 5-13-22.)
7    Section 5-12. The Department of Natural Resources
8(Conservation) Law of the Civil Administrative Code of
9Illinois is amended by changing Section 805-305 as follows:
10    (20 ILCS 805/805-305)    (was 20 ILCS 805/63a23)
11    Sec. 805-305. Campsites and housing facilities.     
12    (a) The Department has the power to provide facilities for
13overnight tent and trailer campsites and to provide suitable
14housing facilities for student and juvenile overnight camping
15groups. The Department of Natural Resources may regulate, by
16administrative order, the fees to be charged for tent and
17trailer camping units at individual park areas based upon the
18facilities available.
19    (b) However, for campsites with access to showers or
20electricity, any Illinois resident who is age 62 or older or
21has a Class 2 disability as defined in Section 4A of the
22Illinois Identification Card Act shall be charged only
23one-half of the camping fee charged to the general public
24during the period Monday through Thursday of any week and

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1shall be charged the same camping fee as the general public on
2all other days. For campsites without access to showers or
3electricity, no camping fee authorized by this Section shall
4be charged to any resident of Illinois who has a Class 2
5disability as defined in Section 4A of the Illinois
6Identification Card Act. For campsites without access to
7showers or electricity, no camping fee authorized by this
8Section shall be charged to any resident of Illinois who is age
962 or older for the use of a campsite unit during the period
10Monday through Thursday of any week. No camping fee authorized
11by this Section shall be charged to any resident of Illinois
12who is a veteran with a disability or a former prisoner of war,
13as defined in Section 5 of the Department of Veterans' Affairs
14Act. No camping fee authorized by this Section shall be
15charged to any resident of Illinois after returning from
16service abroad or mobilization by the President of the United
17States as an active duty member of the United States Armed
18Forces, the Illinois National Guard, or the Reserves of the
19United States Armed Forces for the amount of time that the
20active duty member spent in service abroad or mobilized if the
21person applies for a pass with the Department within 2 years
22after returning and provides acceptable verification of
23service or mobilization to the Department. Any portion of a
24year that the active duty member spent in service abroad or
25mobilized shall count as a full year. The procedure by which a
26person may provide to the Department verification of service

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1abroad or mobilization by the President of the United States
2shall be set by administrative rule. Nonresidents shall be
3charged the same fees as are authorized for the general public
4regardless of age. The Department shall provide by regulation
5for suitable proof of age, or either a valid driver's license
6or a "Golden Age Passport" issued by the federal government
7shall be acceptable as proof of age. The Department shall
8further provide by regulation that notice of these reduced
9admission fees be posted in a conspicuous place and manner.
10    Reduced fees authorized in this Section shall not apply to
11any charge for utility service.
12    For the purposes of this Section, "acceptable verification
13of service or mobilization" means official documentation from
14the Department of Defense or the appropriate Major Command
15showing mobilization dates or service abroad dates, including:
16(i) a DD-214, (ii) a letter from the Illinois Department of
17Military Affairs for members of the Illinois National Guard,
18(iii) a letter from the Regional Reserve Command for members
19of the Armed Forces Reserve, (iv) a letter from the Major
20Command covering Illinois for active duty members, (v)
21personnel records for mobilized State employees, and (vi) any
22other documentation that the Department, by administrative
23rule, deems acceptable to establish dates of mobilization or
24service abroad.
25    For the purposes of this Section, the term "service
26abroad" means active duty service outside of the 50 United

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1States and the District of Columbia, and includes all active
2duty service in territories and possessions of the United
3States.
4    (c) To promote State campground use and Illinois State
5Fair attendance, the Department shall have the authority to
6offer a coupon that allows for the waiver of one night of waive
7the camping fees with the purchase of at least one additional
8night of camping at any site that is owned, leased, or managed
9by the Department and that has camping facilities. The camping
10coupon shall be valid only for up to 2 nights of camping at Jim
11Edgar Panther Creek State Fish and Wildlife Area, Sangchris
12Lake State Park, or Lincoln's New Salem State Historic Site
13during the period from August 1, 2025 through December 31,
142025 11, 2024 to August 15, 2024 for a camper who:
15        (1) is 18 years of age or older; and    
16        (2) complies with the written requirements that are
17 published by the Department, located on the coupon, and
18 set forth in this subsection (c). provides proof of having
19 purchased, between June 26, 2024 and July 3, 2024, a
20 season admission ticket booklet from the Department of
21 Agriculture for entry into the 2024 Illinois State Fair in
22 Springfield; and
23        (3) requests the camping fee waiver in person at the
24 time of permit issuance at the State campground.
25    The coupons issued pursuant to waivers under this
26subsection (c) shall be available granted on a first-come,

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1first-served basis as advertised by the Department or for
2those visiting Conservation World at the Illinois State Fair
3or the Department's booth at the DuQuoin State Fair and only
4while supplies last for each day of the Illinois State Fair and
5the DuQuoin State Fair. The Department shall publicly announce
6on its website the number of coupons that will be available
7each day of the Illinois State Fair and the DuQuoin State Fair    
8for a maximum of 40 sites at each of the 3 identified State
9campgrounds. Fees for utility service are not subject to
10waiver by the coupon. Coupons that are redeemed pursuant to    
11Waivers under this subsection (c) are limited to a total of one
12night of free camping with the purchase of at least one
13additional night of camping. The free night of camping shall
14be applied to the final night of camping for a camping trip
15lasting at least 2 nights in length or longer one per camper.
16(Source: P.A. 102-780, eff. 5-13-22; 103-588, eff. 6-5-24.)
17    Section 5-15. The Department of Human Services Act is
18amended by changing Section 80-45 as follows:
19    (20 ILCS 1305/80-45)
20    Sec. 80-45. Funding agent and administration.
21    (a) The Department shall act as funding agent under the
22terms of the Illinois Affordable Housing Act and shall
23administer other appropriations for the use of the Illinois
24Housing Development Authority.

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1    (b) The Department may enter into contracts,
2intergovernmental agreements, grants, cooperative agreements,
3memoranda of understanding, or other instruments with any
4federal, State, or local government agency as necessary to
5fulfill its role as funding agent in compliance with State and
6federal law. The Department and the Department of Revenue
7shall coordinate, in consultation with the Illinois Housing
8Development Authority, the transition of the funding agent
9role, including the transfer of any and all books, records, or
10documents, in whatever form stored, necessary to the
11Department's execution of the duties of the funding agent, and
12the Department may submit to the Governor's Office of
13Management and Budget requests for exception pursuant to
14Section 55 of the Grant Accountability and Transparency Act.
15Notwithstanding Section 5 of the Illinois Grant Funds Recovery
16Act, for State fiscal years 2023 and 2024 only, in order to
17accomplish the transition of the funding agent role to the
18Department, grant funds may be made available for expenditure
19by a grantee for a period of 3 years from the date the funds
20were distributed by the State.
21    (c) Notwithstanding Section 5 of the Illinois Grant Funds
22Recovery Act, the Department of Human Services shall make
23grant funds available for expenditure by the Illinois Housing
24Development Authority beginning on the date the funds are
25distributed by the State. The Illinois Housing Development
26Authority is not required to expend or return grant funds

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1within the time period specified under Section 5 of the
2Illinois Grant Funds Recovery Act.    
3(Source: P.A. 103-8, eff. 7-1-23; 103-605, eff. 7-1-24.)
4    Section 5-20. The Military Code of Illinois is amended by
5adding Section 22-3.5 as follows:
6    (20 ILCS 1805/22-3.5 new)
7    Sec. 22-3.5. Capital improvements; facilities. Subject to
8appropriation, the Department may acquire real property for
9training or building sites, construct new facilities,
10rehabilitate existing facilities, maintain existing
11facilities, and make other capital improvements at Department
12facilities or property.
13    Section 5-22. The Abraham Lincoln Presidential Library and
14Museum Act is amended by changing Sections 10, 30, and 40 as
15follows:
16    (20 ILCS 3475/10)
17    Sec. 10. Abraham Lincoln Presidential Library and Museum;
18establishment.
19    (a) The Abraham Lincoln Presidential Library and Museum,
20formerly a constituent unit of the Illinois Historic
21Preservation Agency, is created as an independent State agency
22within the Executive Branch of State government.

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1    (b) The Agency shall have control and custody of the
2Abraham Lincoln Presidential Library and Museum complex,
3including the Abraham Lincoln Presidential Library and Museum,
4the Abraham Lincoln Presidential Library and Museum's parking
5garage, Union Station, and Union Park, in Springfield.
6    (c) The Agency shall be under the supervision and
7direction of the Executive Director of the Abraham Lincoln
8Presidential Library and Museum appointed under Section 30
9shall be the chief executive officer and head of the Agency.
10    (d) The Chief State Historical Officer appointed under
11Section 40 shall serve as an advisor to the Executive Director
12in preserving, interpreting, and promoting recognition of the
13life, impact, and legacy of President Abraham Lincoln.    
14(Source: P.A. 100-120, eff. 8-18-17.)
15    (20 ILCS 3475/30)
16    Sec. 30. Administration of the Agency. The Executive
17Director shall be the chief executive officer and head of the    
18Agency shall be under the supervision and direction of an
19Executive Director. The person serving on the effective date
20of this Act as Library Director, as defined in Section 33 of
21the Historic Preservation Act, shall become the inaugural
22Executive Director on the effective date of this Act and shall
23serve as Executive Director until the expiration of his
24then-current term as Library Director. Thereafter, the Board,
25based upon the recommendation of the Governor, shall appoint

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1the Executive Director with the advice and consent of the
2Senate. The Executive Director shall serve at the pleasure of
3the Board for a term commencing on the date of appointment
4until January 18, 2027, and until a successor has been
5appointed and qualified. Thereafter, the Executive Director's
6term shall be as provided in Section 5-610 of the Departments
7of State Government Law of the Civil Administrative Code of
8Illinois of 4 years. The Board may remove the Executive
9Director for incompetence, neglect of duty, or malfeasance.    
10The Executive Director shall, subject to applicable provisions
11of law and consistent with the policies and advice of the
12Board, execute and discharge the powers and duties of the
13Agency. The Executive Director may make provision to establish
14and collect admission and registration fees, operate a gift
15shop, and publish and sell educational and informational
16materials.
17(Source: P.A. 102-985, eff. 1-1-23.)
18    (20 ILCS 3475/40)
19    Sec. 40. Chief State Historical Officer Illinois State
20Historian; appointment.
21    (a) The Board Governor, in consultation with the Governor    
22Board and the Illinois Historical Society, shall determine the
23qualifications of and appoint a Chief State Historical
24Officer, who shall report to and advise the Executive
25Director. the Illinois State Historian.

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1    (b) The Chief State Historical Officer shall serve as the
2chief advocate for and spokesperson on the importance and
3value of Illinois history and shall advise the Executive
4Director in preserving, interpreting, and promoting
5recognition of the life, impact, and legacy of President
6Abraham Lincoln. The responsibilities of the Chief State
7Historical Officer shall include research, curation, and
8presentation on historical materials, artifacts, and
9narratives, ensuring that Lincoln's historical significance in
10the State and the nation is accurately documented and
11communicated to the public. The Chief State Historical Officer
12shall collaborate with other State agencies, educational
13institutions, museums, and historical societies to promote
14historical awareness of and education on Lincoln's influence
15on the State and the nation. The Illinois State Historian
16shall be appointed based on the recommendation from the
17Abraham Lincoln Presidential Library and Museum Board of
18Trustees who shall consult the Illinois State Historical
19Society. The Board in consultation with the Illinois State
20Historical Society shall develop qualifications for the
21Illinois State Historian to be approved by the Board no later
22than 120 days after the enactment of this amendatory Act of the
23102nd General Assembly.
24    (c) Qualifications for the Chief State Historical Officer    
25Illinois State Historian must include expertise in the history
26of at least one underrepresented minority group in this State,

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1including, but not limited to: African-American history;
2Native American history; Latinx history; Asian-American
3history; and LGBTQIA history.
4    (d) An individual designated as the Chief State Historical
5Officer shall retain Illinois State Historian retains the
6designation for 2 years from the date of appointment and the
7term is renewable only by the Board's Governor's appointment
8in consultation with the Governor and the Illinois State
9Historical Society for one additional consecutive 2-year term.
10(Source: P.A. 102-985, eff. 1-1-23.)
11    Section 5-25. The Illinois Vehicle Hijacking and Motor
12Vehicle Theft Prevention and Insurance Verification Act is
13amended by changing Section 8.6 as follows:
14    (20 ILCS 4005/8.6)
15    Sec. 8.6. Private passenger motor vehicle insurance.
16Before April 1 of each year, each insurer engaged in writing
17private passenger motor vehicle insurance coverage that is
18included in Class 2 and Class 3 of Section 4 of the Illinois
19Insurance Code, as a condition of its authority to transact
20business in this State, may collect and shall pay to the
21Department of Insurance an amount equal to $4, or a lesser
22amount determined by the Illinois Law Enforcement Training
23Standards Board by rule, multiplied by the insurer's total
24earned car years of private passenger motor vehicle insurance

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1policies providing physical damage insurance coverage written
2in this State during the preceding calendar year. Through June
330, 2025, of Of the amounts collected under this Section, the
4Department of Insurance shall deposit 10% into the State
5Police Law Enforcement Administration Fund and 90% into the
6Law Enforcement Training Fund. Beginning July 1, 2025, of the
7amounts collected under this Section, the Department of
8Insurance shall deposit 10% into the State Police Law
9Enforcement Administration Fund, 10% into the State Police
10Vehicle Fund, and 80% into the Law Enforcement Training Fund.    
11(Source: P.A. 102-16, eff. 6-17-21; 102-775, eff. 5-13-22;
12102-1071, eff. 6-10-22; 103-154, eff. 6-30-23; 103-609, eff.
137-1-24.)
14    Section 5-30. The State Finance Act is amended by changing
15Sections 5.346, 5.857, 6z-27, 6z-32, 6z-51, 6z-63, 6z-70,
166z-100, 6z-126, 8.3, 8.12, 8g, 8g-1, and 13.2 and by adding
17Sections 5.1031, 6z-144, 6z-145, 6z-146, 6z-147, and 6z-148 as
18follows:
19    (30 ILCS 105/5.346)
20    Sec. 5.346. The Small Business Environmental Assistance
21Fund. This Section is repealed on January 1, 2026.    
22(Source: P.A. 87-1177; 88-45.)
23    (30 ILCS 105/5.857)

10400HB1075sam003- 23 -LRB104 03072 JDS 27160 a
1    (Section scheduled to be repealed on July 1, 2025)
2    Sec. 5.857. The Capital Development Board Revolving Fund.
3This Section is repealed July 1, 2025.
4(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
5103-8, eff. 6-7-23.)
6    (30 ILCS 105/5.1031 new)
7    Sec. 5.1031. The Tier 2 SSWB Reserve Fund.
8    (30 ILCS 105/6z-27)
9    Sec. 6z-27. All moneys in the Audit Expense Fund shall be
10transferred, appropriated and used only for the purposes
11authorized by, and subject to the limitations and conditions
12prescribed by, the Illinois State Auditing Act.
13    Within 30 days after July 1, 2025 2024, or as soon
14thereafter as practical, the State Comptroller shall order
15transferred and the State Treasurer shall transfer from the
16following funds moneys in the specified amounts for deposit
17into the Audit Expense Fund:
18Academic Quality Assurance Fund..........................$940    
19African-American HIV/AIDS Response Fund................$4,266    
20Agricultural Premium Fund............................$169,467    
21Alzheimer's Awareness Fund.............................$1,068    
22Alzheimer's Disease Research,
23    Care, and Support Fund...............................$502    
24Amusement Ride and Patron Safety Fund..................$6,888    

10400HB1075sam003- 24 -LRB104 03072 JDS 27160 a
1Assisted Living and Shared
2    Housing Regulatory Fund............................$4,011    
3Board of Higher Education State
4    Contracts and Grants Fund.........................$13,416    
5Capital Development Board Revolving Fund..............$10,711
6Care Provider Fund for Persons with
7    a Developmental Disability.........................$9,771
8CDLIS/AAMVA/NMVTIS Trust Fund..........................$3,433
9Chicago State University Education
10    Improvement Fund..................................$15,774    
11Child Labor and Day and Temporary
12    Labor Services Enforcement Fund...................$15,414    
13Child Support Administrative Fund......................$3,739    
14Coal Technology Development
15    Assistance Fund....................................$3,019    
16Common School Fund...................................$246,578    
17Community Mental Health
18    Medicaid Trust Fund...............................$10,597    
19Consumer Intervenor Compensation Fund..................$1,700    
20Death Certificate Surcharge Fund.......................$1,550    
21Death Penalty Abolition Fund...........................$2,688    
22Department of Business Services
23    Special Operations Fund...........................$10,406    
24Department of Human Services
25    Community Services Fund...........................$15,086    
26Dram Shop Fund.......................................$212,500    

10400HB1075sam003- 25 -LRB104 03072 JDS 27160 a
1Driver Services Administration Fund......................$937    
2Drug Rebate Fund......................................$54,214    
3Drug Treatment Fund....................................$1,236    
4Education Assistance Fund..........................$2,193,017    
5Emergency Planning and Training Fund.....................$528    
6Emergency Public Health Fund...........................$8,769    
7Employee Classification Fund.............................$967    
8EMS Assistance Fund....................................$1,150    
9Estate Tax Refund Fund.................................$1,628    
10Facilities Management Revolving Fund..................$35,073    
11Facility Licensing Fund................................$6,082    
12Fair and Exposition Fund...............................$6,903    
13Federal Financing Cost
14    Reimbursement Fund.................................$7,100    
15Feed Control Fund.....................................$13,874    
16Fertilizer Control Fund................................$9,357    
17Fire Prevention Fund...................................$4,282    
18General Assembly Technology Fund.......................$2,830    
19General Professions Dedicated Fund.....................$4,131    
20Governor's Administrative Fund.........................$5,956    
21Governor's Grant Fund..................................$3,164    
22Grant Accountability and Transparency Fund.............$1,041    
23Guardianship and Advocacy Fund........................$16,432    
24Health Facility Plan Review Fund.......................$2,286    
25Health and Human Services
26    Medicaid Trust Fund...............................$10,902    

10400HB1075sam003- 26 -LRB104 03072 JDS 27160 a
1Healthcare Provider Relief Fund......................$321,428    
2Home Care Services Agency Licensure Fund...............$2,843    
3Hospital Licensure Fund................................$1,251    
4Hospital Provider Fund................................$99,530    
5Illinois Affordable Housing Trust Fund................$19,809    
6Illinois Community College Board
7    Contracts and Grants Fund.........................$14,687    
8Illinois Health Facilities Planning Fund...............$3,155    
9Illinois Independent Tax Tribunal Fund................$11,636    
10IMSA Income Fund.......................................$6,805    
11Illinois School Asbestos Abatement Fund................$1,141    
12Illinois State Fair Fund..............................$69,621    
13Illinois Telecommunications Access
14    Corporation Fund...................................$1,546    
15Illinois Underground Utility
16    Facilities Damage Prevention Fund.................$12,035    
17Illinois Veterans' Rehabilitation Fund.................$1,103    
18Illinois Workers' Compensation
19    Commission Operations Fund.......................$241,658    
20Industrial Hemp Regulatory Fund........................$1,407    
21Interpreters for the Deaf Fund.........................$8,657    
22Lead Poisoning Screening, Prevention,
23    and Abatement Fund................................$19,789    
24Lobbyist Registration Administration Fund................$843    
25Long Term Care Monitor/Receiver Fund..................$42,485    
26Long-Term Care Provider Fund..........................$20,620    

10400HB1075sam003- 27 -LRB104 03072 JDS 27160 a
1Low-Level Radioactive Waste Facility
2    Development and Operation Fund.....................$2,402    
3Mandatory Arbitration Fund.............................$2,635    
4Mental Health Fund.....................................$5,353    
5Mental Health Reporting Fund...........................$1,226    
6Metabolic Screening and Treatment Fund................$46,885    
7Monitoring Device Driving Permit
8    Administration Fee Fund............................$1,475    
9Motor Fuel Tax Fund....................................$1,068    
10Motor Vehicle License Plate Fund......................$13,927    
11Multiple Sclerosis Research Fund.........................$961    
12Nuclear Safety Emergency Preparedness Fund............$87,774    
13Nursing Dedicated and Professional Fund..................$595    
14Partners For Conservation Fund.......................$117,108    
15Personal Property Tax Replacement Fund...............$218,128    
16Pesticide Control Fund................................$42,146    
17Plumbing Licensure and Program Fund....................$3,672    
18Private Business and Vocational Schools
19    Quality Assurance Fund...............................$867    
20Professional Services Fund............................$90,610    
21Public Defender Fund...................................$6,198    
22Public Health Laboratory
23    Services Revolving Fund............................$1,098    
24Public Utility Fund..................................$282,488    
25Radiation Protection Fund.............................$37,946    
26Rebuild Illinois Projects Fund........................$58,858    

10400HB1075sam003- 28 -LRB104 03072 JDS 27160 a
1Rental Housing Support Program Fund....................$4,083    
2Road Fund.............................................$55,409    
3Secretary Of State DUI Administration Fund.............$2,767    
4Secretary Of State Identification Security
5    and Theft Prevention Fund.........................$16,793    
6Secretary Of State Special License Plate Fund..........$3,473    
7Secretary Of State Special Services Fund..............$26,832    
8Securities Audit and Enforcement Fund..................$4,889    
9Serve Illinois Commission Fund.........................$1,803    
10Special Education Medicaid Matching Fund...............$4,329    
11State Gaming Fund......................................$1,997    
12State Garage Revolving Fund............................$7,501    
13State Lottery Fund...................................$311,489    
14State Pensions Fund..................................$500,000    
15State Treasurer's Bank Services Trust Fund...............$752    
16Supreme Court Special Purposes Fund....................$4,184    
17Tattoo and Body Piercing Establishment
18    Registration Fund..................................$1,166    
19Tobacco Settlement Recovery Fund.....................$143,143    
20Tourism Promotion Fund................................$79,695    
21Transportation Regulatory Fund.......................$108,481    
22Trauma Center Fund.....................................$1,872    
23University Of Illinois Hospital Services Fund..........$5,476    
24Vehicle Hijacking and Motor Vehicle Theft Prevention and
25    Insurance Verification Trust Fund..................$9,331    
26Vehicle Inspection Fund................................$2,786    

10400HB1075sam003- 29 -LRB104 03072 JDS 27160 a
1Weights and Measures Fund.............................$24,640    
2Attorney General Court Ordered and Voluntary
3    Compliance Payment Projects Fund..................$22,470
4Aggregate Operations Regulatory Fund.....................$605
5Agricultural Premium Fund.............................$21,002
6Attorney General's State Projects and
7    Court Ordered Distribution Fund...................$36,873
8Anna Veterans Home Fund................................$1,205
9Appraisal Administration Fund..........................$2,670
10Attorney General Whistleblower Reward
11    and Protection Fund..................................$938
12Bank and Trust Company Fund...........................$82,945
13Brownfields Redevelopment Fund.........................$1,893
14Cannabis Business Development Fund....................$15,750
15Cannabis Expungement Fund..............................$2,511
16Capital Development Board Revolving Fund...............$4,668
17Care Provider Fund for Persons with
18    a Developmental Disability.........................$6,794
19CDLIS/AAMVAnet/NMVTIS Trust Fund.......................$1,679
20Cemetery Oversight Licensing and Disciplinary Fund.....$6,187
21Chicago State University Education Improvement Fund...$16,893
22Chicago Travel Industry Promotion Fund.................$9,146
23Child Support Administrative Fund......................$2,669
24Clean Air Act Permit Fund.............................$11,283
25Coal Technology Development Assistance Fund...........$22,087
26Community Association Manager

10400HB1075sam003- 30 -LRB104 03072 JDS 27160 a
1    Licensing and Disciplinary Fund....................$1,178
2Commitment to Human Services Fund ...................$259,050
3Common School Fund ..................................$385,362
4Community Mental Health Medicaid Trust Fund............$6,972
5Community Water Supply Laboratory Fund...................$835
6Credit Union Fund.....................................$21,944
7Cycle Rider Safety Training Fund.........................$704
8DCFS Children's Services Fund........................$164,036
9Department of Business Services Special Operations Fund.$4,564
10Department of Corrections Reimbursement
11    and Education Fund................................$23,892
12Design Professionals Administration
13    and Investigation Fund.............................$3,892
14Department of Human Services Community Services Fund...$6,314
15Downstate Public Transportation Fund..................$40,428
16Drivers Education Fund...................................$904
17Drug Rebate Fund......................................$40,707
18Drug Treatment Fund......................................$810
19Drycleaner Environmental Response Trust Fund...........$1,555
20Education Assistance Fund..........................$2,347,928
21Electric Vehicle Rebate Fund..........................$24,101
22Energy Efficiency Trust Fund.............................$955
23Energy Transition Assistance Fund......................$1,193
24Environmental Protection Permit and Inspection Fund...$17,475
25Facilities Management Revolving Fund..................$21,298
26Fair and Exposition Fund.................................$782

10400HB1075sam003- 31 -LRB104 03072 JDS 27160 a
1Federal Asset Forfeiture Fund..........................$1,195
2Federal High Speed Rail Trust Fund.......................$910
3Federal Workforce Training Fund......................$113,609
4Feed Control Fund......................................$1,263
5Fertilizer Control Fund..................................$778
6Fire Prevention Fund...................................$4,470
7Freedom Schools Fund.....................................$636
8Fund for the Advancement of Education.................$61,767
9General Professions Dedicated Fund....................$36,108
10General Revenue Fund..............................$17,653,153
11Grade Crossing Protection Fund.........................$7,759
12Hazardous Waste Fund...................................$9,036
13Health and Human Services Medicaid Trust Fund............$793
14Healthcare Provider Relief Fund......................$209,863
15Historic Property Administrative Fund....................$791
16Horse Racing Fund....................................$233,685
17Hospital Provider Fund................................$66,984
18Illinois Affordable Housing Trust Fund................$30,424
19Illinois Charity Bureau Fund...........................$2,025
20Illinois Clean Water Fund.............................$18,928
21Illinois Forestry Development Fund....................$13,054
22Illinois Gaming Law Enforcement Fund...................$1,411
23IMSA Income Fund......................................$10,499
24Illinois Military Family Relief Fund...................$2,963
25Illinois National Guard Construction Fund..............$4,944
26Illinois Power Agency Operations Fund................$154,375

10400HB1075sam003- 32 -LRB104 03072 JDS 27160 a
1Illinois State Dental Disciplinary Fund................$3,947
2Illinois State Fair Fund...............................$5,871
3Illinois State Medical Disciplinary Fund..............$32,809
4Illinois State Pharmacy Disciplinary Fund.............$10,993
5Illinois Student Assistance Commission
6    Contracts and Grants Fund............................$950
7Illinois Veterans Assistance Fund......................$2,738
8Illinois Veterans' Rehabilitation Fund...................$685
9Illinois Wildlife Preservation Fund....................$2,646
10Illinois Workers' Compensation Commission
11    Operations Fund...................................$94,942
12Illinois Works Fund....................................$5,577
13Income Tax Refund Fund...............................$232,364
14Insurance Financial Regulation Fund..................$158,266
15Insurance Premium Tax Refund Fund.....................$10,972
16Insurance Producer Administration Fund...............$208,185
17International Tourism Fund.............................$1,317
18LaSalle Veterans Home Fund.............................$2,656
19Law Enforcement Recruitment and Retention Fund........$10,249
20Law Enforcement Training Fund.........................$28,714
21LEADS Maintenance Fund...................................$573
22Live and Learn Fund....................................$8,419
23Local Government Distributive Fund...................$120,745
24Local Tourism Fund....................................$16,582
25Long Term Care Ombudsman Fund............................$635
26Long-Term Care Provider Fund..........................$10,352

10400HB1075sam003- 33 -LRB104 03072 JDS 27160 a
1Manteno Veterans Home Fund.............................$3,941
2Mental Health Fund.....................................$3,560
3Mental Health Reporting Fund.............................$878
4Military Affairs Trust Fund............................$1,017
5Monitoring Device Driving Permit
6    Administration Fee Fund..............................$657
7Motor Carrier Safety Inspection Fund...................$1,892
8Motor Fuel Tax Fund..................................$124,570
9Motor Vehicle License Plate Fund.......................$6,363
10Nursing Dedicated and Professional Fund...............$14,671
11Off-Highway Vehicle Trails Fund........................$1,431
12Open Space Lands Acquisition and Development Fund.....$67,764
13Optometric Licensing and Disciplinary Board Fund.........$922
14Parity Advancement Fund................................$9,349
15Partners For Conservation Fund........................$25,309
16Pawnbroker Regulation Fund...............................$659
17Pension Stabilization Fund.............................$3,009
18Personal Property Tax Replacement Fund...............$251,569
19Pesticide Control Fund.................................$4,715
20Prisoner Review Board Vehicle and Equipment Fund.......$3,035
21Professional Services Fund.............................$3,093
22Professions Indirect Cost Fund.......................$194,398
23Public Pension Regulation Fund.........................$3,519
24Public Transportation Fund...........................$108,264
25Quincy Veterans Home Fund.............................$25,455
26Real Estate License Administration Fund...............$27,976

10400HB1075sam003- 34 -LRB104 03072 JDS 27160 a
1Rebuild Illinois Projects Fund.........................$3,682
2Regional Transportation Authority Occupation and Use Tax
3    Replacement Fund...................................$3,226
4Registered Certified Public Accountants' Administration
5    and Disciplinary Fund..............................$3,213
6Renewable Energy Resources Trust Fund..................$2,463
7Rental Housing Support Program Fund......................$560
8Residential Finance Regulatory Fund...................$21,672
9Road Fund............................................$524,729
10Salmon Fund..............................................$837
11Savings Bank Regulatory Fund.............................$528
12School Infrastructure Fund............................$10,122
13Secretary of State DUI Administration Fund.............$1,021
14Secretary of State Identification Security and
15    Theft Prevention Fund..............................$4,877
16Secretary of State Special License Plate Fund..........$1,410
17Secretary of State Special Services Fund..............$11,665
18Securities Audit and Enforcement Fund..................$2,279
19Serve Illinois Commission Fund...........................$950
20Snowmobile Trail Establishment Fund......................$653
21Solid Waste Management Fund...........................$17,540
22Special Education Medicaid Matching Fund...............$2,916
23Sports Wagering Fund..................................$14,696
24State Police Law Enforcement Administration Fund.......$3,635
25State and Local Sales Tax Reform Fund..................$6,676
26State Asset Forfeiture Fund............................$1,445

10400HB1075sam003- 35 -LRB104 03072 JDS 27160 a
1State Aviation Program Fund............................$2,125
2State Construction Account Fund......................$151,079
3State Crime Laboratory Fund............................$6,342
4State Gaming Fund....................................$216,475
5State Garage Revolving Fund............................$4,892
6State Lottery Fund...................................$106,169
7State Pensions Fund .................................$500,000
8State Police Firearm Services Fund....................$16,049
9State Police Services Fund............................$20,688
10State Police Vehicle Fund..............................$7,562
11State Police Whistleblower Reward
12    and Protection Fund................................$3,858
13State Small Business Credit Initiative Fund...........$20,739
14State's Attorneys Appellate
15    Prosecutor's County Fund..........................$20,621
16Subtitle D Management Fund.............................$2,669
17Supplemental Low-Income Energy Assistance Fund.......$158,173
18Tax Compliance and Administration Fund.................$3,789
19Technology Management Revolving Fund.................$620,435
20Tobacco Settlement Recovery Fund.......................$4,747
21Tourism Promotion Fund................................$46,998
22Traffic and Criminal Conviction Surcharge Fund........$41,173
23Underground Storage Tank Fund.........................$31,314
24University of Illinois Hospital Services Fund..........$3,257
25Vehicle Hijacking and Motor Vehicle Theft
26    Prevention and Insurance Verification Trust Fund...$8,183

10400HB1075sam003- 36 -LRB104 03072 JDS 27160 a
1Vehicle Inspection Fund...............................$19,811
2Weights and Measures Fund..............................$3,636
3    Notwithstanding any provision of the law to the contrary,
4the General Assembly hereby authorizes the use of such funds
5for the purposes set forth in this Section.
6    These provisions do not apply to funds classified by the
7Comptroller as federal trust funds or State trust funds. The
8Audit Expense Fund may receive transfers from those trust
9funds only as directed herein, except where prohibited by the
10terms of the trust fund agreement. The Auditor General shall
11notify the trustees of those funds of the estimated cost of the
12audit to be incurred under the Illinois State Auditing Act for
13the fund. The trustees of those funds shall direct the State
14Comptroller and Treasurer to transfer the estimated amount to
15the Audit Expense Fund.
16    The Auditor General may bill entities that are not subject
17to the above transfer provisions, including private entities,
18related organizations and entities whose funds are locally
19held locally-held, for the cost of audits, studies, and
20investigations incurred on their behalf. Any revenues received
21under this provision shall be deposited into the Audit Expense
22Fund.
23    In the event that moneys on deposit in any fund are
24unavailable, by reason of deficiency or any other reason
25preventing their lawful transfer, the State Comptroller shall
26order transferred and the State Treasurer shall transfer the

10400HB1075sam003- 37 -LRB104 03072 JDS 27160 a
1amount deficient or otherwise unavailable from the General
2Revenue Fund for deposit into the Audit Expense Fund.
3    On or before December 1, 1992, and each December 1
4thereafter, the Auditor General shall notify the Governor's
5Office of Management and Budget (formerly Bureau of the
6Budget) of the amount estimated to be necessary to pay for
7audits, studies, and investigations in accordance with the
8Illinois State Auditing Act during the next succeeding fiscal
9year for each State fund for which a transfer or reimbursement
10is anticipated.
11    Beginning with fiscal year 1994 and during each fiscal
12year thereafter, the Auditor General may direct the State
13Comptroller and Treasurer to transfer moneys from funds
14authorized by the General Assembly for that fund. In the event
15funds, including federal and State trust funds but excluding
16the General Revenue Fund, are transferred, during fiscal year
171994 and during each fiscal year thereafter, in excess of the
18amount to pay actual costs attributable to audits, studies,
19and investigations as permitted or required by the Illinois
20State Auditing Act or specific action of the General Assembly,
21the Auditor General shall, on September 30, or as soon
22thereafter as is practicable, direct the State Comptroller and
23Treasurer to transfer the excess amount back to the fund from
24which it was originally transferred.
25(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
26103-8, eff. 6-7-23; 103-129, eff. 6-30-23; 103-588, eff.

10400HB1075sam003- 38 -LRB104 03072 JDS 27160 a
16-5-24.)
2    (30 ILCS 105/6z-32)
3    Sec. 6z-32. Partners for Planning and Conservation.
4    (a) The Partners for Conservation Fund (formerly known as
5the Conservation 2000 Fund) and the Partners for Conservation
6Projects Fund (formerly known as the Conservation 2000
7Projects Fund) are created as special funds in the State
8Treasury. These funds shall be used to establish a
9comprehensive program to protect Illinois' natural resources
10through cooperative partnerships between State government and
11public and private landowners. Moneys in these Funds may be
12used, subject to appropriation, by the Department of Natural
13Resources, Environmental Protection Agency, and the Department
14of Agriculture for purposes relating to natural resource
15protection, planning, recreation, tourism, climate resilience,
16and compatible agricultural and economic development
17activities. Without limiting these general purposes, moneys in
18these Funds may be used, subject to appropriation, for the
19following specific purposes:
20        (1) To foster sustainable agriculture practices and
21 control soil erosion, sedimentation, and nutrient loss
22 from farmland, including grants to Soil and Water
23 Conservation Districts for conservation practice
24 cost-share grants and for personnel, educational, and
25 administrative expenses.

10400HB1075sam003- 39 -LRB104 03072 JDS 27160 a
1        (2) To establish and protect a system of ecosystems in
2 public and private ownership through conservation
3 easements, incentives to public and private landowners,
4 natural resource restoration and preservation, water
5 quality protection and improvement, land use and watershed
6 planning, technical assistance and grants, and land
7 acquisition provided these mechanisms are all voluntary on
8 the part of the landowner and do not involve the use of
9 eminent domain.
10        (3) To develop a systematic and long-term program to
11 effectively measure and monitor natural resources and
12 ecological conditions through investments in technology
13 and involvement of scientific experts.
14        (4) To initiate strategies to enhance, use, and
15 maintain Illinois' inland lakes through education,
16 technical assistance, research, and financial incentives.
17        (5) To partner with private landowners and with units
18 of State, federal, and local government and with
19 not-for-profit organizations in order to integrate State
20 and federal programs with Illinois' natural resource
21 protection and restoration efforts and to meet
22 requirements to obtain federal and other funds for
23 conservation or protection of natural resources.
24        (6) To support the State's Nutrient Loss Reduction
25 Strategy, including, but not limited to, funding the
26 resources needed to support the Strategy's Policy Working

10400HB1075sam003- 40 -LRB104 03072 JDS 27160 a
1 Group, cover water quality monitoring in support of
2 Strategy implementation, prepare a biennial report on the
3 progress made on the Strategy every 2 years, and provide
4 cost share funding for nutrient capture projects.
5        (7) To provide capacity grants to support soil and
6 water conservation districts, including, but not limited
7 to, developing soil health plans, conducting soil health
8 assessments, peer-to-peer training, convening
9 producer-led dialogues, professional memberships, lab
10 analysis, and travel stipends for meetings and educational
11 events.
12        (8) To develop guidelines and local soil health
13 assessments for advancing soil health.
14    (b) The State Comptroller and State Treasurer shall
15automatically transfer on the last day of each month,
16beginning on September 30, 1995 and ending on June 30, 2026    
172025, from the General Revenue Fund to the Partners for
18Conservation Fund, an amount equal to 1/10 of the amount set
19forth below in fiscal year 1996 and an amount equal to 1/12 of
20the amount set forth below in each of the other specified
21fiscal years:
                    
22Fiscal Year Amount
231996$ 3,500,000
241997$ 9,000,000
251998$10,000,000
261999$11,000,000

10400HB1075sam003- 41 -LRB104 03072 JDS 27160 a
    
12000$12,500,000
22001 through 2004$14,000,000
32005 $7,000,000
42006 $11,000,000
52007 $0
62008 through 2011 $14,000,000
72012 $12,200,000
82013 through 2017 $14,000,000
92018 $1,500,000
102019 $14,000,000
112020 $7,500,000
122021 through 2023 $14,000,000
132024 $18,000,000
142025 and 2026    $14,000,000
15    (c) The State Comptroller and State Treasurer shall
16automatically transfer on the last day of each month beginning
17on July 31, 2021 and ending June 30, 2022, from the
18Environmental Protection Permit and Inspection Fund to the
19Partners for Conservation Fund, an amount equal to 1/12 of
20$4,135,000.
21    (c-1) The State Comptroller and State Treasurer shall
22automatically transfer on the last day of each month beginning
23on July 31, 2022 and ending June 30, 2023, from the
24Environmental Protection Permit and Inspection Fund to the
25Partners for Conservation Fund, an amount equal to 1/12 of
26$5,900,000.

10400HB1075sam003- 42 -LRB104 03072 JDS 27160 a
1    (d) There shall be deposited into the Partners for
2Conservation Projects Fund such bond proceeds and other moneys
3as may, from time to time, be provided by law.
4(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
5103-8, eff. 6-7-23; 103-494, eff. 8-4-23; 103-588, eff.
66-5-24; 103-605, eff. 7-1-24.)
7    (30 ILCS 105/6z-51)
8    Sec. 6z-51. Budget Stabilization Fund.
9    (a) The Budget Stabilization Fund, a special fund in the
10State Treasury, shall consist of moneys appropriated or
11transferred to that Fund, as provided in Section 6z-43 and as
12otherwise provided by law. All earnings on Budget
13Stabilization Fund investments shall be deposited into that
14Fund.
15    (b) The State Comptroller may direct the State Treasurer
16to transfer moneys from the Budget Stabilization Fund to the
17General Revenue Fund in order to meet cash flow deficits
18resulting from timing variations between disbursements and the
19receipt of funds within a fiscal year. Any moneys so borrowed
20in any fiscal year other than Fiscal Year 2011 shall be repaid
21by June 30 of the fiscal year in which they were borrowed. Any
22moneys so borrowed in Fiscal Year 2011 shall be repaid no later
23than July 15, 2011.
24    (c) During Fiscal Year 2017 only, amounts may be expended
25from the Budget Stabilization Fund only pursuant to specific

10400HB1075sam003- 43 -LRB104 03072 JDS 27160 a
1authorization by appropriation. Any moneys expended pursuant
2to appropriation shall not be subject to repayment.
3    (d) For Fiscal Years 2020 through 2022, any transfers into
4the Fund pursuant to the Cannabis Regulation and Tax Act may be
5transferred to the General Revenue Fund in order for the
6Comptroller to address outstanding vouchers and shall not be
7subject to repayment back into the Budget Stabilization Fund.
8    (e) Beginning July 1, 2023, on the first day of each month,
9or as soon thereafter as practical, the State Comptroller
10shall direct and the State Treasurer shall transfer $3,750,000
11from the General Revenue Fund to the Budget Stabilization
12Fund. This subsection (e) is inoperative from July 1, 2025,
13through June 30, 2026.    
14(Source: P.A. 101-10, eff. 6-5-19; 102-699, eff. 4-19-22.)
15    (30 ILCS 105/6z-63)
16    Sec. 6z-63. The Professional Services Fund.
17    (a) The Professional Services Fund is created as a
18revolving fund in the State treasury. The following moneys
19shall be transferred or deposited into the Fund:
20        (1) amounts authorized for transfer to the Fund from
21 the General Revenue Fund and other State funds (except for
22 funds classified by the Comptroller as federal trust funds
23 or State trust funds) pursuant to State law or Executive
24 Order;
25        (2) federal funds received by the Department of

10400HB1075sam003- 44 -LRB104 03072 JDS 27160 a
1 Central Management Services (the "Department") as a result
2 of expenditures from the Fund;
3        (3) interest earned on moneys in the Fund; and
4        (4) receipts or inter-fund transfers resulting from
5 billings issued by the Department to State agencies for
6 the cost of professional services that are rendered by the
7 Department, the Executive Ethics Commission, the Chief
8 Procurement Officer appointed under paragraph (4) of
9 subsection (a) of Section 10-20 of the Illinois
10 Procurement Code, or the Commission on Equity and
11 Inclusion and that are not compensated through the
12 specific fund transfers authorized by this Section.
13    (b) Moneys in the Fund may be used by the Department for
14reimbursement or payment for:
15        (1) providing professional services to State agencies
16 or other State entities;
17        (2) rendering other services to State agencies at the
18 Governor's direction or to other State entities upon
19 agreement between the Director of Central Management
20 Services and the appropriate official or governing body of
21 the other State entity; or
22        (3) providing for payment of administrative and other
23 expenses incurred by the Department in providing
24 professional services.
25    Beginning in fiscal year 2021, moneys in the Fund may also
26be appropriated to and used by the Executive Ethics Commission

10400HB1075sam003- 45 -LRB104 03072 JDS 27160 a
1for oversight and administration of the eProcurement system
2known as BidBuy, and by the Chief Procurement Officer
3appointed under paragraph (4) of subsection (a) of Section
410-20 of the Illinois Procurement Code for the operation of
5the BidBuy system previously administered by the Department.
6    Beginning in fiscal year 2022, moneys in the Fund may also
7be appropriated to and used by the Commission on Equity and
8Inclusion for its operating and administrative expenses
9related to the Business Enterprise Program, previously
10administered by the Department.
11    (c) State agencies or other State entities may direct the
12Comptroller to process inter-fund transfers or make payment
13through the voucher and warrant process to the Professional
14Services Fund in satisfaction of billings issued under
15subsection (a) of this Section.
16    (d) Reconciliation. For the fiscal year beginning on July
171, 2004 only, the Director of Central Management Services (the
18"Director") shall order that each State agency's payments and
19transfers made to the Fund be reconciled with actual Fund
20costs for professional services provided by the Department on
21no less than an annual basis. The Director may require reports
22from State agencies as deemed necessary to perform this
23reconciliation.
24    (e) (Blank).
25    (e-5) (Blank).
26    (e-7) (Blank).

10400HB1075sam003- 46 -LRB104 03072 JDS 27160 a
1    (e-10) (Blank).
2    (e-15) (Blank).
3    (e-20) (Blank).
4    (e-25) (Blank).
5    (e-30) (Blank).
6    (e-35) (Blank).
7    (e-40) (Blank).
8    (e-45) (Blank).
9    (e-50) (Blank).
10    (f) The term "professional services" means services
11rendered on behalf of State agencies and other State entities
12pursuant to Section 405-293 of the Department of Central
13Management Services Law of the Civil Administrative Code of
14Illinois.
15(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
16    (30 ILCS 105/6z-70)
17    Sec. 6z-70. The Secretary of State Identification Security
18and Theft Prevention Fund.
19    (a) The Secretary of State Identification Security and
20Theft Prevention Fund is created as a special fund in the State
21treasury. The Fund shall consist of any fund transfers,
22grants, fees, or moneys from other sources received for the
23purpose of funding identification security and theft
24prevention measures.
25    (b) All moneys in the Secretary of State Identification

10400HB1075sam003- 47 -LRB104 03072 JDS 27160 a
1Security and Theft Prevention Fund shall be used, subject to
2appropriation, for any costs related to implementing
3identification security and theft prevention measures.
4    (c) (Blank).
5    (d) (Blank).
6    (e) (Blank).
7    (f) (Blank).
8    (g) (Blank).
9    (h) (Blank).
10    (i) (Blank).
11    (j) (Blank).
12    (k) (Blank).
13    (l) (Blank).
14    (m) (Blank).
15    (n) (Blank).
16    (o) (Blank).
17    (p) (Blank). Notwithstanding any other provision of State
18law to the contrary, on or after July 1, 2023, and until June
1930, 2024, in addition to any other transfers that may be
20provided for by law, at the direction of and upon notification
21of the Secretary of State, the State Comptroller shall direct
22and the State Treasurer shall transfer amounts into the
23Secretary of State Identification Security and Theft
24Prevention Fund from the designated funds not exceeding the
25following totals:    
26    Division of Corporations Registered Limited    

10400HB1075sam003- 48 -LRB104 03072 JDS 27160 a
1        Liability Partnership Fund...................$400,000    
2    Department of Business Services Special    
3        Operations Fund............................$5,500,000    
4    Securities Audit and Enforcement Fund..........$4,000,000    
5    (q) Notwithstanding any other provision of State law to
6the contrary, on or after July 1, 2024, and until June 30,
72025, in addition to any other transfers that may be provided
8for by law, at the direction of and upon notification of the
9Secretary of State, the State Comptroller shall direct and the
10State Treasurer shall transfer amounts into the Secretary of
11State Identification Security and Theft Prevention Fund from
12the designated funds not exceeding the following totals:
13    Division of Corporations Registered Limited
14        Liability Partnership Fund..................$400,000
15    Department of Business Services Special
16        Operations Fund...........................$5,500,000
17    Securities Audit and Enforcement Fund..........$4,000,000
18    Corporate Franchise Tax Refund Fund...........$3,000,000
19    (r) Notwithstanding any other provision of State law to
20the contrary, on or after July 1, 2025, and until June 30,
212026, in addition to any other transfers that may be provided
22for by law, at the direction of and upon notification of the
23Secretary of State, the State Comptroller shall direct and the
24State Treasurer shall transfer amounts into the Secretary of
25State Identification Security and Theft Prevention Fund from
26the designated funds not exceeding the following totals:    

10400HB1075sam003- 49 -LRB104 03072 JDS 27160 a
1    Division of Corporations Registered Limited    
2        Liability Partnership Fund...................$400,000    
3    Department of Business Services Special    
4        Operations Fund............................$5,500,000    
5    Securities Audit and Enforcement Fund..........$4,000,000    
6    Corporate Franchise Tax Refund Fund............$3,000,000    
7(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
8103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
9    (30 ILCS 105/6z-100)
10    (Section scheduled to be repealed on July 1, 2025)
11    Sec. 6z-100. Capital Development Board Revolving Fund;
12payments into and use. All monies received by the Capital
13Development Board for publications or copies issued by the
14Board, and all monies received for contract administration
15fees, charges, or reimbursements owing to the Board shall be
16deposited into a special fund known as the Capital Development
17Board Revolving Fund, which is hereby created in the State
18treasury. The monies in this Fund shall be used by the Capital
19Development Board, as appropriated, for expenditures for
20personal services, retirement, social security, contractual
21services, legal services, travel, commodities, printing,
22equipment, electronic data processing, or telecommunications.
23For fiscal year 2021 and thereafter, the monies in this Fund
24may also be appropriated to and used by the Executive Ethics
25Commission for oversight and administration of the Chief

10400HB1075sam003- 50 -LRB104 03072 JDS 27160 a
1Procurement Officer appointed under paragraph (1) of
2subsection (a) of Section 10-20 of the Illinois Procurement
3Code. Unexpended moneys in the Fund shall not be transferred
4or allocated by the Comptroller or Treasurer to any other
5fund, nor shall the Governor authorize the transfer or
6allocation of those moneys to any other fund. This Section is
7repealed July 1, 2025.
8(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
9103-8, eff. 6-7-23.)
10    (30 ILCS 105/6z-126)
11    Sec. 6z-126. Law Enforcement Training Fund. The Law
12Enforcement Training Fund is hereby created as a special fund
13in the State treasury. Moneys in the Fund shall consist of: (i)
14the share 90% of the revenue from increasing the insurance
15producer license fees allocated for transfer to the Fund , as
16provided under subsection (a-5) of Section 500-135 of the
17Illinois Insurance Code; and (ii) the share 90% of the moneys
18collected from auto insurance policy fees under Section 8.6 of
19the Illinois Vehicle Hijacking and Motor Vehicle Theft
20Prevention and Insurance Verification Act allocated for
21deposit into the Fund. This Fund shall be used by the Illinois
22Law Enforcement Training Standards Board for the following
23purposes: (i) to fund law enforcement certification
24compliance; (ii) for the development and provision of basic
25courses by Board-approved academics, and in-service courses by

10400HB1075sam003- 51 -LRB104 03072 JDS 27160 a
1approved academies; and (iii) for the ordinary and contingent
2expenses of the Illinois Law Enforcement Training Standards
3Board.
4(Source: P.A. 102-16, eff. 6-17-21; 102-904, eff. 1-1-23;
5102-1071, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154, eff.
66-30-23.)
7    (30 ILCS 105/6z-144 new)
8    Sec. 6z-144. Supreme Court Indirect Cost Fund. The Supreme
9Court Indirect Cost Fund is established as a federal trust
10fund in the State treasury. Moneys received by the Supreme
11Court from any federal department or agency as an indirect
12cost reimbursement shall be deposited into the Fund. Moneys in
13the Fund shall be held by the State Treasurer as ex officio
14custodian and shall be used by the Supreme Court, subject to
15appropriation, for administrative expenses.
16    (30 ILCS 105/6z-145 new)
17    Sec. 6z-145. Office of Statewide Pretrial Services State
18Projects Fund. The Office of Statewide Pretrial Services State
19Projects Fund is established as a State trust fund in the State
20treasury. Moneys received by the Office of Statewide Pretrial
21Services from interagency agreements, interagency receipts
22from other State agencies and agencies from other states,
23private organizations, individuals, foundations, and nonprofit
24organizations for projects related to the purposes of Public

10400HB1075sam003- 52 -LRB104 03072 JDS 27160 a
1Act 101-652 and Public Act 102-1104, commonly known as the
2Safety, Accountability, Fairness and Equity-Today (SAFE-T)
3Act, shall be deposited into the Fund.
4    Moneys in the Fund shall be held by the State Treasurer as
5ex officio custodian and shall be used by the Office of
6Statewide Pretrial Services, subject to appropriation, for the
7specific purposes established by the terms and conditions of
8the grant or award and for other authorized expenses in
9accordance with State requirements. Other moneys deposited
10into the Fund may be used for purposes associated with the
11State-financed projects.    
12    (30 ILCS 105/6z-146 new)
13    Sec. 6z-146. Office of Statewide Pretrial Services Federal
14Projects Fund. The Office of Statewide Pretrial Services
15Federal Projects Fund is established as a federal trust fund
16in the State treasury. Moneys received by the Office of
17Statewide Pretrial Services from any federal department or
18agency, subject to appropriation, including, but not limited
19to, grants or awards, shall be deposited into the Fund. In
20addition, the Fund may also receive interagency receipts from
21other State agencies and agencies from other states. Moneys in
22the Fund shall be held by the State Treasurer as ex officio
23custodian and shall be used by the Office of Statewide
24Pretrial Services, subject to appropriation, for the specific
25purposes established by the terms and conditions of the

10400HB1075sam003- 53 -LRB104 03072 JDS 27160 a
1federal grant or award and for other authorized expenses in
2accordance with federal requirements.
3    (30 ILCS 105/6z-147 new)
4    Sec. 6z-147. Office of Statewide Pretrial Services
5Indirect Cost Fund. The Office of Statewide Pretrial Services
6Indirect Cost Fund is established as a federal trust fund in
7the State treasury. Moneys received by the Office of Statewide
8Pretrial Services from any federal department or agency as an
9indirect cost reimbursement shall be deposited into the Fund.
10Moneys in the Fund shall be held by the State Treasurer as ex
11officio custodian and shall be used by the Office of Statewide
12Pretrial Services, subject to appropriation, for
13administrative expenses.
14    (30 ILCS 105/6z-148 new)
15    Sec. 6z-148. Tier 2 SSWB Reserve Fund.    
16    (a) The Tier 2 SSWB Reserve Fund is created as a special
17fund in the State treasury. The Fund may receive revenue from
18any authorized source, including, but not limited to,
19transfers and appropriations from other funds in the State
20treasury. Any interest earned on moneys in the Fund shall be
21retained in the Fund.
22    (b) Subject to appropriation, moneys in the Fund shall be
23used for additional State contributions associated with
24adjustments to the earnings limitations specified in

10400HB1075sam003- 54 -LRB104 03072 JDS 27160 a
1subsection (b-5) of Section 1-160 of the Illinois Pension Code
2and subsection (b) of Section 15-111 of the Illinois Pension
3Code. Distributions from the Fund shall be allocated as
4follows:
5        (1) 5.1% to the State Employees' Retirement System of
6 Illinois;
7        (2) 83.3% to the Teachers' Retirement System of the
8 State of Illinois; and
9        (3) 11.6% to the State Universities Retirement System.
10    (c) If, after the effective date of this amendatory Act of
11the 104th General Assembly, any enforceable determination
12concludes that the benefits for a Tier 2 member or participant
13under Section 1-160 or 15-111 of the Illinois Pension Code do
14not provide the minimum retirement benefits required under
15Internal Revenue Service regulations or other provisions of
16federal law such that the wages of such member or participant
17would be subject to tax under the Federal Insurance
18Contributions Act, then moneys in the Tier 2 SSWB Reserve Fund
19may be used by the State Employees' Retirement System of
20Illinois, the Teachers' Retirement System of the State of
21Illinois, or the State Universities Retirement System to pay
22the difference between benefits otherwise available and
23benefits that would constitute minimum retirement benefits
24under applicable federal law or regulation. This subsection
25shall constitute a continuing appropriation of all amounts
26necessary for such purposes.

10400HB1075sam003- 55 -LRB104 03072 JDS 27160 a
1    (30 ILCS 105/8.3)
2    Sec. 8.3. Money in the Road Fund shall, if and when the
3State of Illinois incurs any bonded indebtedness for the
4construction of permanent highways, be set aside and used for
5the purpose of paying and discharging annually the principal
6and interest on that bonded indebtedness then due and payable,
7and for no other purpose. The surplus, if any, in the Road Fund
8after the payment of principal and interest on that bonded
9indebtedness then annually due shall be used as follows:
10        first -- to pay the cost of administration of Chapters
11 2 through 10 of the Illinois Vehicle Code, except the cost
12 of administration of Articles I and II of Chapter 3 of that
13 Code, and to pay the costs of the Executive Ethics
14 Commission for oversight and administration of the Chief
15 Procurement Officer appointed under paragraph (2) of
16 subsection (a) of Section 10-20 of the Illinois
17 Procurement Code for transportation; and
18        secondly -- for expenses of the Department of
19 Transportation for construction, reconstruction,
20 improvement, repair, maintenance, operation, and
21 administration of highways in accordance with the
22 provisions of laws relating thereto, or for any purpose
23 related or incident to and connected therewith, including
24 the separation of grades of those highways with railroads
25 and with highways and including the payment of awards made

10400HB1075sam003- 56 -LRB104 03072 JDS 27160 a
1 by the Illinois Workers' Compensation Commission under the
2 terms of the Workers' Compensation Act or Workers'
3 Occupational Diseases Act for injury or death of an
4 employee of the Division of Highways in the Department of
5 Transportation; or for the acquisition of land and the
6 erection of buildings for highway purposes, including the
7 acquisition of highway right-of-way or for investigations
8 to determine the reasonably anticipated future highway
9 needs; or for making of surveys, plans, specifications and
10 estimates for and in the construction and maintenance of
11 flight strips and of highways necessary to provide access
12 to military and naval reservations, to defense industries
13 and defense-industry sites, and to the sources of raw
14 materials and for replacing existing highways and highway
15 connections shut off from general public use at military
16 and naval reservations and defense-industry sites, or for
17 the purchase of right-of-way, except that the State shall
18 be reimbursed in full for any expense incurred in building
19 the flight strips; or for the operating and maintaining of
20 highway garages; or for patrolling and policing the public
21 highways and conserving the peace; or for the operating
22 expenses of the Department relating to the administration
23 of public transportation programs; or, during fiscal year
24 2024, for the purposes of a grant not to exceed $9,108,400
25 to the Regional Transportation Authority on behalf of PACE
26 for the purpose of ADA/Para-transit expenses; or, during

10400HB1075sam003- 57 -LRB104 03072 JDS 27160 a
1 fiscal year 2025, for the purposes of a grant not to exceed
2 $10,020,000 to the Regional Transportation Authority on
3 behalf of PACE for the purpose of ADA/Para-transit
4 expenses; or, during fiscal year 2026, for the purposes of
5 a grant not to exceed $11,500,000 to the Regional
6 Transportation Authority on behalf of PACE for the purpose
7 of ADA/Para-transit expenses; or for any of those purposes
8 or any other purpose that may be provided by law.
9    Appropriations for any of those purposes are payable from
10the Road Fund. Appropriations may also be made from the Road
11Fund for the administrative expenses of any State agency that
12are related to motor vehicles or arise from the use of motor
13vehicles.
14    Beginning with fiscal year 1980 and thereafter, no Road
15Fund monies shall be appropriated to the following Departments
16or agencies of State government for administration, grants, or
17operations; but this limitation is not a restriction upon
18appropriating for those purposes any Road Fund monies that are
19eligible for federal reimbursement:
20        1. Department of Public Health;
21        2. Department of Transportation, only with respect to
22 subsidies for one-half fare Student Transportation and
23 Reduced Fare for Elderly, except fiscal year 2024 when no
24 more than $19,063,500 may be expended and except fiscal
25 year 2025 when no more than $20,969,900 may be expended
26 and except fiscal year 2026 when no more than $23,067,000

10400HB1075sam003- 58 -LRB104 03072 JDS 27160 a
1 may be expended;
2        3. Department of Central Management Services, except
3 for expenditures incurred for group insurance premiums of
4 appropriate personnel;
5        4. Judicial Systems and Agencies.
6    Beginning with fiscal year 1981 and thereafter, no Road
7Fund monies shall be appropriated to the following Departments
8or agencies of State government for administration, grants, or
9operations; but this limitation is not a restriction upon
10appropriating for those purposes any Road Fund monies that are
11eligible for federal reimbursement:
12        1. Illinois State Police, except for expenditures with
13 respect to the Division of Patrol and Division of Criminal
14 Investigation;
15        2. Department of Transportation, only with respect to
16 Intercity Rail Subsidies, except fiscal year 2024 when no
17 more than $60,000,000 may be expended and except fiscal
18 year 2025 when no more than $67,000,000 may be expended
19 and except fiscal year 2026 when no more than $76,000,000
20 may be expended, and Rail Freight Services.
21    Beginning with fiscal year 1982 and thereafter, no Road
22Fund monies shall be appropriated to the following Departments
23or agencies of State government for administration, grants, or
24operations; but this limitation is not a restriction upon
25appropriating for those purposes any Road Fund monies that are
26eligible for federal reimbursement: Department of Central

10400HB1075sam003- 59 -LRB104 03072 JDS 27160 a
1Management Services, except for awards made by the Illinois
2Workers' Compensation Commission under the terms of the
3Workers' Compensation Act or Workers' Occupational Diseases
4Act for injury or death of an employee of the Division of
5Highways in the Department of Transportation.
6    Beginning with fiscal year 1984 and thereafter, no Road
7Fund monies shall be appropriated to the following Departments
8or agencies of State government for administration, grants, or
9operations; but this limitation is not a restriction upon
10appropriating for those purposes any Road Fund monies that are
11eligible for federal reimbursement:
12        1. Illinois State Police, except not more than 40% of
13 the funds appropriated for the Division of Patrol and
14 Division of Criminal Investigation;
15        2. State Officers.
16    Beginning with fiscal year 1984 and thereafter, no Road
17Fund monies shall be appropriated to any Department or agency
18of State government for administration, grants, or operations
19except as provided hereafter; but this limitation is not a
20restriction upon appropriating for those purposes any Road
21Fund monies that are eligible for federal reimbursement. It
22shall not be lawful to circumvent the above appropriation
23limitations by governmental reorganization or other methods.
24Appropriations shall be made from the Road Fund only in
25accordance with the provisions of this Section.
26    Money in the Road Fund shall, if and when the State of

10400HB1075sam003- 60 -LRB104 03072 JDS 27160 a
1Illinois incurs any bonded indebtedness for the construction
2of permanent highways, be set aside and used for the purpose of
3paying and discharging during each fiscal year the principal
4and interest on that bonded indebtedness as it becomes due and
5payable as provided in the General Obligation Bond Act, and
6for no other purpose. The surplus, if any, in the Road Fund
7after the payment of principal and interest on that bonded
8indebtedness then annually due shall be used as follows:
9        first -- to pay the cost of administration of Chapters
10 2 through 10 of the Illinois Vehicle Code; and
11        secondly -- no Road Fund monies derived from fees,
12 excises, or license taxes relating to registration,
13 operation and use of vehicles on public highways or to
14 fuels used for the propulsion of those vehicles, shall be
15 appropriated or expended other than for costs of
16 administering the laws imposing those fees, excises, and
17 license taxes, statutory refunds and adjustments allowed
18 thereunder, administrative costs of the Department of
19 Transportation, including, but not limited to, the
20 operating expenses of the Department relating to the
21 administration of public transportation programs, payment
22 of debts and liabilities incurred in construction and
23 reconstruction of public highways and bridges, acquisition
24 of rights-of-way for and the cost of construction,
25 reconstruction, maintenance, repair, and operation of
26 public highways and bridges under the direction and

10400HB1075sam003- 61 -LRB104 03072 JDS 27160 a
1 supervision of the State, political subdivision, or
2 municipality collecting those monies, or during fiscal
3 year 2024 for the purposes of a grant not to exceed
4 $9,108,400 to the Regional Transportation Authority on
5 behalf of PACE for the purpose of ADA/Para-transit
6 expenses, or during fiscal year 2025 for the purposes of a
7 grant not to exceed $10,020,000 to the Regional
8 Transportation Authority on behalf of PACE for the purpose
9 of ADA/Para-transit expenses, or during fiscal year 2026
10 for the purposes of a grant not to exceed $11,500,000 to
11 the Regional Transportation Authority on behalf of PACE
12 for the purpose of ADA/Para-transit expenses, and the
13 costs for patrolling and policing the public highways (by
14 the State, political subdivision, or municipality
15 collecting that money) for enforcement of traffic laws.
16 The separation of grades of such highways with railroads
17 and costs associated with protection of at-grade highway
18 and railroad crossing shall also be permissible.
19    Appropriations for any of such purposes are payable from
20the Road Fund or the Grade Crossing Protection Fund as
21provided in Section 8 of the Motor Fuel Tax Law.
22    Except as provided in this paragraph, beginning with
23fiscal year 1991 and thereafter, no Road Fund monies shall be
24appropriated to the Illinois State Police for the purposes of
25this Section in excess of its total fiscal year 1990 Road Fund
26appropriations for those purposes unless otherwise provided in

10400HB1075sam003- 62 -LRB104 03072 JDS 27160 a
1Section 5g of this Act. For fiscal years 2003, 2004, 2005,
22006, and 2007 only, no Road Fund monies shall be appropriated
3to the Department of State Police for the purposes of this
4Section in excess of $97,310,000. For fiscal year 2008 only,
5no Road Fund monies shall be appropriated to the Department of
6State Police for the purposes of this Section in excess of
7$106,100,000. For fiscal year 2009 only, no Road Fund monies
8shall be appropriated to the Department of State Police for
9the purposes of this Section in excess of $114,700,000.
10Beginning in fiscal year 2010, no Road Fund moneys shall be
11appropriated to the Illinois State Police. It shall not be
12lawful to circumvent this limitation on appropriations by
13governmental reorganization or other methods unless otherwise
14provided in Section 5g of this Act.
15    In fiscal year 1994, no Road Fund monies shall be
16appropriated to the Secretary of State for the purposes of
17this Section in excess of the total fiscal year 1991 Road Fund
18appropriations to the Secretary of State for those purposes,
19plus $9,800,000. It shall not be lawful to circumvent this
20limitation on appropriations by governmental reorganization or
21other method.
22    Beginning with fiscal year 1995 and thereafter, no Road
23Fund monies shall be appropriated to the Secretary of State
24for the purposes of this Section in excess of the total fiscal
25year 1994 Road Fund appropriations to the Secretary of State
26for those purposes. It shall not be lawful to circumvent this

10400HB1075sam003- 63 -LRB104 03072 JDS 27160 a
1limitation on appropriations by governmental reorganization or
2other methods.
3    Beginning with fiscal year 2000, total Road Fund
4appropriations to the Secretary of State for the purposes of
5this Section shall not exceed the amounts specified for the
6following fiscal years:
7    Fiscal Year 2000$80,500,000;
8    Fiscal Year 2001$80,500,000;
9    Fiscal Year 2002$80,500,000;
10    Fiscal Year 2003$130,500,000;
11    Fiscal Year 2004$130,500,000;
12    Fiscal Year 2005$130,500,000;
13    Fiscal Year 2006 $130,500,000;
14    Fiscal Year 2007 $130,500,000;
15    Fiscal Year 2008$130,500,000;
16    Fiscal Year 2009 $130,500,000.
17    For fiscal year 2010, no road fund moneys shall be
18appropriated to the Secretary of State.
19    Beginning in fiscal year 2011, moneys in the Road Fund
20shall be appropriated to the Secretary of State for the
21exclusive purpose of paying refunds due to overpayment of fees
22related to Chapter 3 of the Illinois Vehicle Code unless
23otherwise provided for by law.
24    Beginning in fiscal year 2025, moneys in the Road Fund may
25be appropriated to the Environmental Protection Agency for the
26exclusive purpose of making deposits into the Electric Vehicle

10400HB1075sam003- 64 -LRB104 03072 JDS 27160 a
1Rebate Fund, subject to appropriation, to be used for purposes
2consistent with Section 11 of Article IX of the Illinois
3Constitution.
4    In fiscal year 2026, in addition to any other uses
5permitted by law, moneys in the Road Fund may be used, subject
6to appropriation, by the Department of Transportation for
7grants to port districts for the purpose of making
8infrastructure improvements consistent with Section 11 of
9Article IX of the Illinois Constitution.    
10    It shall not be lawful to circumvent this limitation on
11appropriations by governmental reorganization or other
12methods.
13    No new program may be initiated in fiscal year 1991 and
14thereafter that is not consistent with the limitations imposed
15by this Section for fiscal year 1984 and thereafter, insofar
16as appropriation of Road Fund monies is concerned.
17    Nothing in this Section prohibits transfers from the Road
18Fund to the State Construction Account Fund under Section 5e
19of this Act; nor to the General Revenue Fund, as authorized by
20Public Act 93-25.
21    The additional amounts authorized for expenditure in this
22Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
23shall be repaid to the Road Fund from the General Revenue Fund
24in the next succeeding fiscal year that the General Revenue
25Fund has a positive budgetary balance, as determined by
26generally accepted accounting principles applicable to

10400HB1075sam003- 65 -LRB104 03072 JDS 27160 a
1government.
2    The additional amounts authorized for expenditure by the
3Secretary of State and the Department of State Police in this
4Section by Public Act 94-91 shall be repaid to the Road Fund
5from the General Revenue Fund in the next succeeding fiscal
6year that the General Revenue Fund has a positive budgetary
7balance, as determined by generally accepted accounting
8principles applicable to government.
9(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
10102-699, eff. 4-19-22; 102-813, eff. 5-13-22; 103-8, eff.
116-7-23; 103-34, eff. 1-1-24; 103-588, eff. 6-5-24; 103-605,
12eff. 7-1-24; 103-616, eff. 7-1-24; revised 8-5-24.)
13    (30 ILCS 105/8.12)    (from Ch. 127, par. 144.12)
14    Sec. 8.12. State Pensions Fund.
15    (a) The moneys in the State Pensions Fund shall be used
16exclusively for the administration of the Revised Uniform
17Unclaimed Property Act and for the expenses incurred by the
18Auditor General for administering the provisions of Section
192-8.1 of the Illinois State Auditing Act and for operational
20expenses of the Office of the State Treasurer and for the
21funding of the unfunded liabilities of the designated
22retirement systems. For the purposes of this Section,
23"operational expenses of the Office of the State Treasurer"
24includes the acquisition of land and buildings in State fiscal
25years 2019 and 2020 for use by the Office of the State

10400HB1075sam003- 66 -LRB104 03072 JDS 27160 a
1Treasurer, as well as construction, reconstruction,
2improvement, repair, and maintenance, in accordance with the
3provisions of laws relating thereto, of such lands and
4buildings beginning in State fiscal year 2019 and thereafter.
5Beginning in State fiscal year 2027 2026, payments to the
6designated retirement systems under this Section shall be in
7addition to, and not in lieu of, any State contributions
8required under the Illinois Pension Code.
9    "Designated retirement systems" means:
10        (1) the State Employees' Retirement System of
11 Illinois;
12        (2) the Teachers' Retirement System of the State of
13 Illinois;
14        (3) the State Universities Retirement System;
15        (4) the Judges Retirement System of Illinois; and
16        (5) the General Assembly Retirement System.
17    (b) Each year the General Assembly may make appropriations
18from the State Pensions Fund for the administration of the
19Revised Uniform Unclaimed Property Act.
20    (c) (Blank).
21    (c-5) For fiscal years 2006 through 2026 2025, the General
22Assembly shall appropriate from the State Pensions Fund to the
23State Universities Retirement System the amount estimated to
24be available during the fiscal year in the State Pensions
25Fund; provided, however, that the amounts appropriated under
26this subsection (c-5) shall not reduce the amount in the State

10400HB1075sam003- 67 -LRB104 03072 JDS 27160 a
1Pensions Fund below $5,000,000.
2    (c-6) For fiscal year 2027 2026 and each fiscal year
3thereafter, as soon as may be practical after any money is
4deposited into the State Pensions Fund from the Unclaimed
5Property Trust Fund, the State Treasurer shall apportion the
6deposited amount among the designated retirement systems as
7defined in subsection (a) to reduce their actuarial reserve
8deficiencies. The State Comptroller and State Treasurer shall
9pay the apportioned amounts to the designated retirement
10systems to fund the unfunded liabilities of the designated
11retirement systems. The amount apportioned to each designated
12retirement system shall constitute a portion of the amount
13estimated to be available for appropriation from the State
14Pensions Fund that is the same as that retirement system's
15portion of the total actual reserve deficiency of the systems,
16as determined annually by the Governor's Office of Management
17and Budget at the request of the State Treasurer. The amounts
18apportioned under this subsection shall not reduce the amount
19in the State Pensions Fund below $5,000,000.
20    (d) The Governor's Office of Management and Budget shall
21determine the individual and total reserve deficiencies of the
22designated retirement systems. For this purpose, the
23Governor's Office of Management and Budget shall utilize the
24latest available audit and actuarial reports of each of the
25retirement systems and the relevant reports and statistics of
26the Public Employee Pension Fund Division of the Department of

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1Insurance.
2    (d-1) (Blank).
3    (e) The changes to this Section made by Public Act 88-593
4shall first apply to distributions from the Fund for State
5fiscal year 1996.
6(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
7103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
8    (30 ILCS 105/8g)
9    Sec. 8g. Fund transfers.
10    (a) (Blank).
11    (b) (Blank).
12    (c) In addition to any other transfers that may be
13provided for by law, on August 30 of each fiscal year's license
14period, the Illinois Liquor Control Commission shall direct
15and the State Comptroller and State Treasurer shall transfer
16from the General Revenue Fund to the Youth Alcoholism and
17Substance Abuse Prevention Fund an amount equal to the number
18of retail liquor licenses issued for that fiscal year
19multiplied by $50. This subsection (c) is inoperative from
20July 1, 2025, through June 30, 2026.    
21    (d) The payments to programs required under subsection (d)
22of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
23be made, pursuant to appropriation, from the special funds
24referred to in the statutes cited in that subsection, rather
25than directly from the General Revenue Fund.

10400HB1075sam003- 69 -LRB104 03072 JDS 27160 a
1    Beginning January 1, 2000, on the first day of each month,
2or as soon as may be practical thereafter, the State
3Comptroller shall direct and the State Treasurer shall
4transfer from the General Revenue Fund to each of the special
5funds from which payments are to be made under subsection (d)
6of Section 28.1 of the Illinois Horse Racing Act of 1975 an
7amount equal to 1/12 of the annual amount required for those
8payments from that special fund, which annual amount shall not
9exceed the annual amount for those payments from that special
10fund for the calendar year 1998. The special funds to which
11transfers shall be made under this subsection (d) include, but
12are not necessarily limited to, the Agricultural Premium Fund;
13the Metropolitan Exposition, Auditorium and Office Building
14Fund, but only through fiscal year 2021 and not thereafter;
15the Fair and Exposition Fund; the Illinois Standardbred
16Breeders Fund; the Illinois Thoroughbred Breeders Fund; and
17the Illinois Veterans' Rehabilitation Fund. Except for
18transfers attributable to prior fiscal years, during State
19fiscal year 2020 only, no transfers shall be made from the
20General Revenue Fund to the Agricultural Premium Fund, the
21Fair and Exposition Fund, the Illinois Standardbred Breeders
22Fund, or the Illinois Thoroughbred Breeders Fund.
23(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21;
24102-558, eff. 8-20-21.)
25    (30 ILCS 105/8g-1)

10400HB1075sam003- 70 -LRB104 03072 JDS 27160 a
1    Sec. 8g-1. Fund transfers.
2    (a) (Blank).
3    (b) (Blank).
4    (c) (Blank).
5    (d) (Blank).
6    (e) (Blank).
7    (f) (Blank).
8    (g) (Blank).
9    (h) (Blank).
10    (i) (Blank).
11    (j) (Blank).
12    (k) (Blank).
13    (l) (Blank).
14    (m) (Blank).
15    (n) (Blank).
16    (o) (Blank).
17    (p) (Blank).
18    (q) (Blank).
19    (r) (Blank).
20    (s) (Blank).
21    (t) (Blank).
22    (u) (Blank).
23    (v) (Blank).
24    (w) (Blank).
25    (x) (Blank).
26    (y) (Blank).

10400HB1075sam003- 71 -LRB104 03072 JDS 27160 a
1    (z) (Blank).
2    (aa) (Blank).
3    (bb) (Blank).
4    (cc) (Blank).
5    (dd) (Blank).
6    (ee) (Blank).
7    (ff) (Blank).
8    (gg) (Blank).
9    (hh) (Blank).
10    (ii) (Blank).
11    (jj) (Blank).
12    (kk) (Blank).
13    (ll) (Blank).
14    (mm) In addition to any other transfers that may be
15provided for by law, beginning on the effective date of the
16changes made to this Section by this amendatory Act of the
17103rd General Assembly and until June 30, 2024, as directed by
18the Governor, the State Comptroller shall direct and the State
19Treasurer shall transfer up to a total of $1,500,000,000 from
20the General Revenue Fund to the State Coronavirus Urgent
21Remediation Emergency Fund.    
22    (nn) In addition to any other transfers that may be
23provided for by law, beginning on the effective date of the
24changes made to this Section by this amendatory Act of the
25103rd General Assembly and until June 30, 2024, as directed by
26the Governor, the State Comptroller shall direct and the State

10400HB1075sam003- 72 -LRB104 03072 JDS 27160 a
1Treasurer shall transfer up to a total of $424,000,000 from
2the General Revenue Fund to the Build Illinois Bond Fund.    
3    (oo) In addition to any other transfers that may be
4provided for by law, on July 1, 2023, or as soon thereafter as
5practical, the State Comptroller shall direct and the State
6Treasurer shall transfer the sum of $500,000 from the General
7Revenue Fund to the Governor's Administrative Fund.
8    (pp) In addition to any other transfers that may be
9provided for by law, on July 1, 2023, or as soon thereafter as
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $500,000 from the General
12Revenue Fund to the Grant Accountability and Transparency
13Fund.    
14    (qq) In addition to any other transfers that may be
15provided for by law, beginning on the effective date of the
16changes made to this Section by this amendatory Act of the
17103rd General Assembly and until June 30, 2024, as directed by
18the Governor, the State Comptroller shall direct and the State
19Treasurer shall transfer up to a total of $350,000,000 from
20the General Revenue Fund to the Fund for Illinois' Future.
21    (rr) In addition to any other transfers that may be
22provided for by law, on July 1, 2024, or as soon thereafter as
23practical, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $500,000 from the General
25Revenue Fund to the Governor's Administrative Fund.
26    (ss) In addition to any other transfers that may be

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1provided for by law, on July 1, 2024, or as soon thereafter as
2practical, the State Comptroller shall direct and the State
3Treasurer shall transfer the sum of $500,000 from the General
4Revenue Fund to the Grant Accountability and Transparency
5Fund.
6    (tt) In addition to any other transfers that may be
7provided for by law, on July 1, 2024, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $25,000,000 from the
10Violent Crime Witness Protection Program Fund to the General
11Revenue Fund.
12    In addition to any other transfers that may be provided
13for by law, beginning on the effective date of the changes made
14to this Section by this amendatory Act of the 104th General
15Assembly and until June 30, 2025, as directed by the Governor,
16the State Comptroller shall direct and the State Treasurer
17shall transfer up to a total of $370,000,000 from the General
18Revenue Fund to the Fund for Illinois' Future.    
19    In addition to any other transfers that may be provided
20for by law, on July 1, 2025, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $500,000 from the General
23Revenue Fund to the Governor's Administrative Fund.    
24    In addition to any other transfers that may be provided
25for by law, on July 1, 2025, or as soon thereafter as
26practical, the State Comptroller shall direct and the State

10400HB1075sam003- 74 -LRB104 03072 JDS 27160 a
1Treasurer shall transfer the sum of $100,000 from the General
2Revenue Fund to the Grant Accountability and Transparency
3Fund.    
4    In addition to any other transfers that may be provided
5for by law, on July 1, 2025, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $5,000,000 from the
8General Revenue Fund to the DHS State Projects Fund.    
9    In addition to any other transfers that may be provided
10for by law, on July 1, 2025, or as soon thereafter as
11practical, the State Comptroller shall direct and the State
12Treasurer shall transfer the sum of $4,000,000 from the
13Capital Projects Fund to the Capital Development Board
14Revolving Fund.    
15    In addition to any other transfers that may be provided
16for by law, on July 1, 2025, or as soon thereafter as
17practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $15,000,000 from the
19Criminal Justice Information Projects Fund to the Department
20of Human Services Community Services Fund.    
21    In addition to any other transfers that may be provided
22for by law, on July 1, 2025, or as soon thereafter as
23practical, the State Comptroller shall direct and the State
24Treasurer shall transfer the sum of $5,000,000 from the
25Underground Storage Tank Fund to the Brownfields Redevelopment
26Fund.

10400HB1075sam003- 75 -LRB104 03072 JDS 27160 a
1    In addition to any other transfers that may be provided
2for by law, on July 1, 2025, or as soon thereafter as
3practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $10,000,000 from the State
5Police Services Fund to the State Police Operations Assistance
6Fund.    
7    In addition to any other transfers that may be provided
8for by law, on the effective date of this amendatory Act of the
9104th General Assembly or as soon thereafter as practical, but
10no later than June 30, 2025, the State Comptroller shall
11direct and the State Treasurer shall transfer $200,000,000
12from the General Revenue Fund to the Technology Management
13Revolving Fund.    
14    In addition to any other transfers that may be provided
15for by law, on July 1, 2025, or as soon thereafter as
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer $3,000,000 from the Compassionate Use
18of Medical Cannabis Fund to the Department of Human Services
19Community Services Fund.
20    In addition to any other transfers that may be provided
21for by law, on July 1, 2025, or as soon thereafter as
22practical, the State Comptroller shall direct and the State
23Treasurer shall transfer $75,000,000 from the General Revenue
24Fund to the Tier 2 SSWB Reserve Fund.
25    In addition to any other transfers that may be provided
26for by law, on July 1, 2025, or as soon thereafter as

10400HB1075sam003- 76 -LRB104 03072 JDS 27160 a
1practical, the State Comptroller shall direct and the State
2Treasurer shall transfer $6,000,000 from the Illinois
3Agricultural Loan Guarantee Fund to the General Revenue Fund.    
4    In addition to any other transfers that may be provided
5for by law, on July 1, 2025, or as soon thereafter as
6practical, the State Comptroller shall direct and the State
7Treasurer shall transfer $4,000,000 from the Illinois Farmer
8and Agribusiness Loan Guarantee Fund to the General Revenue
9Fund.    
10    In addition to any other transfers that may be provided
11for by law, on July 1, 2025, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer $20,000,000 from the Insurance
14Producer Administration Fund to the General Revenue Fund.    
15    In addition to any other transfers that may be provided
16for by law, on July 1, 2025, or as soon thereafter as
17practical, the State Comptroller shall direct and the State
18Treasurer shall transfer the sum of $12,500,000 from the
19Compassionate Use of Medical Cannabis Fund to the Statewide
209-8-8 Trust Fund. Beginning June 30, 2026, at the direction of
21the Secretary of Human Services, the State Comptroller shall
22direct and the State Treasurer shall transfer the sum of
23$12,500,000 from the Statewide 9-8-8 Trust Fund to the
24Compassionate Use of Medical Cannabis Fund.    
25(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
26102-700, Article 40, Section 40-5, eff. 4-19-22; 102-700,

10400HB1075sam003- 77 -LRB104 03072 JDS 27160 a
1Article 80, Section 80-5, eff. 4-19-22; 102-1115, eff. 1-9-23;
2103-8, eff. 6-7-23; 103-588, eff. 6-5-24; revised 7-24-24.)
3    (30 ILCS 105/13.2)    (from Ch. 127, par. 149.2)
4    Sec. 13.2. Transfers among line item appropriations.
5    (a) Transfers among line item appropriations from the same
6treasury fund for the objects specified in this Section may be
7made in the manner provided in this Section when the balance
8remaining in one or more such line item appropriations is
9insufficient for the purpose for which the appropriation was
10made.
11    (a-1) No transfers may be made from one agency to another
12agency, nor may transfers be made from one institution of
13higher education to another institution of higher education
14except as provided by subsections subsection (a-4) and (a-5).
15    (a-2) Except as otherwise provided in this Section,
16transfers may be made only among the objects of expenditure
17enumerated in this Section, except that no funds may be
18transferred from any appropriation for personal services, from
19any appropriation for State contributions to the State
20Employees' Retirement System, from any separate appropriation
21for employee retirement contributions paid by the employer,
22nor from any appropriation for State contribution for employee
23group insurance.
24    (a-2.5) (Blank).
25    (a-3) Further, if an agency receives a separate

10400HB1075sam003- 78 -LRB104 03072 JDS 27160 a
1appropriation for employee retirement contributions paid by
2the employer, any transfer by that agency into an
3appropriation for personal services must be accompanied by a
4corresponding transfer into the appropriation for employee
5retirement contributions paid by the employer, in an amount
6sufficient to meet the employer share of the employee
7contributions required to be remitted to the retirement
8system.
9    (a-4) Long-Term Care Rebalancing. The Governor may
10designate amounts set aside for institutional services
11appropriated from the General Revenue Fund or any other State
12fund that receives monies for long-term care services to be
13transferred to all State agencies responsible for the
14administration of community-based long-term care programs,
15including, but not limited to, community-based long-term care
16programs administered by the Department of Healthcare and
17Family Services, the Department of Human Services, and the
18Department on Aging, provided that the Director of Healthcare
19and Family Services first certifies that the amounts being
20transferred are necessary for the purpose of assisting persons
21in or at risk of being in institutional care to transition to
22community-based settings, including the financial data needed
23to prove the need for the transfer of funds. The total amounts
24transferred shall not exceed 4% in total of the amounts
25appropriated from the General Revenue Fund or any other State
26fund that receives monies for long-term care services for each

10400HB1075sam003- 79 -LRB104 03072 JDS 27160 a
1fiscal year. A notice of the fund transfer must be made to the
2General Assembly and posted at a minimum on the Department of
3Healthcare and Family Services website, the Governor's Office
4of Management and Budget website, and any other website the
5Governor sees fit. These postings shall serve as notice to the
6General Assembly of the amounts to be transferred. Notice
7shall be given at least 30 days prior to transfer.
8    (a-5) Early Childhood Rebalancing. Notwithstanding any
9other provision of this Section, during State fiscal year 2026
10only, the Governor may designate amounts set aside for any
11costs of the Department of Early Childhood appropriated from
12the General Revenue Fund to be transferred to the Department
13of Early Childhood or to the Department of Human Services,
14provided that both (i) the Secretary of Early Childhood or the
15Secretary of Early Childhood's designee and (ii) the Secretary
16of Human Services or the Secretary of Human Services'
17designee, first certify that the amounts being transferred are
18necessary for achieving the purposes of the Department of
19Early Childhood Act. The Governor shall provide notice of any
20transfers under this subsection (a-5) to the State Comptroller
21as provided in subsection (d).    
22    (b) In addition to the general transfer authority provided
23under subsection (c), the following agencies have the specific
24transfer authority granted in this subsection:
25    The Department of Healthcare and Family Services is
26authorized to make transfers representing savings attributable

10400HB1075sam003- 80 -LRB104 03072 JDS 27160 a
1to not increasing grants due to the births of additional
2children from line items for payments of cash grants to line
3items for payments for employment and social services for the
4purposes outlined in subsection (f) of Section 4-2 of the
5Illinois Public Aid Code.
6    The Department of Children and Family Services is
7authorized to make transfers not exceeding 2% of the aggregate
8amount appropriated to it within the same treasury fund for
9the following line items among these same line items: Foster
10Home and Specialized Foster Care and Prevention, Institutions
11and Group Homes and Prevention, and Purchase of Adoption and
12Guardianship Services.
13    The Department on Aging is authorized to make transfers
14not exceeding 10% of the aggregate amount appropriated to it
15within the same treasury fund for the following Community Care
16Program line items among these same line items: purchase of
17services covered by the Community Care Program and
18Comprehensive Case Coordination.
19    The State Board of Education is authorized to make
20transfers from line item appropriations within the same
21treasury fund for General State Aid, General State Aid - Hold
22Harmless, and Evidence-Based Funding, provided that no such
23transfer may be made unless the amount transferred is no
24longer required for the purpose for which that appropriation
25was made, to the line item appropriation for Transitional
26Assistance when the balance remaining in such line item

10400HB1075sam003- 81 -LRB104 03072 JDS 27160 a
1appropriation is insufficient for the purpose for which the
2appropriation was made.
3    The State Board of Education is authorized to make
4transfers between the following line item appropriations
5within the same treasury fund: Disabled Student
6Services/Materials (Section 14-13.01 of the School Code),
7Disabled Student Transportation Reimbursement (Section
814-13.01 of the School Code), Disabled Student Tuition -
9Private Tuition (Section 14-7.02 of the School Code),
10Extraordinary Special Education (Section 14-7.02b of the
11School Code), Reimbursement for Free Lunch/Breakfast Program,
12Summer School Payments (Section 18-4.3 of the School Code),
13and Transportation - Regular/Vocational Reimbursement (Section
1429-5 of the School Code). Such transfers shall be made only
15when the balance remaining in one or more such line item
16appropriations is insufficient for the purpose for which the
17appropriation was made and provided that no such transfer may
18be made unless the amount transferred is no longer required
19for the purpose for which that appropriation was made.
20    The Department of Healthcare and Family Services is
21authorized to make transfers not exceeding 4% of the aggregate
22amount appropriated to it, within the same treasury fund,
23among the various line items appropriated for Medical
24Assistance.
25    The Department of Central Management Services is
26authorized to make transfers not exceeding 2% of the aggregate

10400HB1075sam003- 82 -LRB104 03072 JDS 27160 a
1amount appropriated to it, within the same treasury fund, from
2the various line items appropriated to the Department, into
3the following line item appropriations: auto liability claims
4and related expenses and payment of claims under the State
5Employee Indemnification Act.
6    (c) The sum of such transfers for an agency in a fiscal
7year shall not exceed 2% of the aggregate amount appropriated
8to it within the same treasury fund for the following objects:
9Personal Services; Extra Help; Student and Inmate
10Compensation; State Contributions to Retirement Systems; State
11Contributions to Social Security; State Contribution for
12Employee Group Insurance; Contractual Services; Travel;
13Commodities; Printing; Equipment; Electronic Data Processing;
14Operation of Automotive Equipment; Telecommunications
15Services; Travel and Allowance for Committed, Paroled and
16Discharged Prisoners; Library Books; Federal Matching Grants
17for Student Loans; Refunds; Workers' Compensation,
18Occupational Disease, and Tort Claims; Late Interest Penalties
19under the State Prompt Payment Act and Sections 368a and 370a
20of the Illinois Insurance Code; and, in appropriations to
21institutions of higher education, Awards and Grants.
22Notwithstanding the above, any amounts appropriated for
23payment of workers' compensation claims to an agency to which
24the authority to evaluate, administer and pay such claims has
25been delegated by the Department of Central Management
26Services may be transferred to any other expenditure object

10400HB1075sam003- 83 -LRB104 03072 JDS 27160 a
1where such amounts exceed the amount necessary for the payment
2of such claims.
3    (c-1) (Blank).
4    (c-2) (Blank).
5    (c-3) (Blank).
6    (c-4) (Blank).
7    (c-5) (Blank).
8    (c-6) (Blank).
9    (c-7) (Blank).
10    (c-8) (Blank).
11    (c-9) (Blank).
12    (c-10) (Blank). Special provisions for State fiscal year
132024. Notwithstanding any other provision of this Section, for
14State fiscal year 2024, transfers among line item
15appropriations to a State agency from the same State treasury
16fund may be made for operational or lump sum expenses only,
17provided that the sum of such transfers for a State agency in
18State fiscal year 2024 shall not exceed 8% of the aggregate
19amount appropriated to that State agency for operational or
20lump sum expenses for State fiscal year 2024. For the purpose
21of this subsection, "operational or lump sum expenses"
22includes the following objects: personal services; extra help;
23student and inmate compensation; State contributions to
24retirement systems; State contributions to social security;
25State contributions for employee group insurance; contractual
26services; travel; commodities; printing; equipment; electronic

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1data processing; operation of automotive equipment;
2telecommunications services; travel and allowance for
3committed, paroled, and discharged prisoners; library books;
4federal matching grants for student loans; refunds; workers'
5compensation, occupational disease, and tort claims; late
6interest penalties under the State Prompt Payment Act and
7Sections 368a and 370a of the Illinois Insurance Code; lump
8sum and other purposes; and lump sum operations. For the
9purpose of this subsection, "State agency" does not include
10the Attorney General, the Comptroller, the Treasurer, or the
11judicial or legislative branches.    
12    (c-11) Special provisions for State fiscal year 2025.
13Notwithstanding any other provision of this Section, for State
14fiscal year 2025, transfers among line item appropriations to
15a State agency from the same State treasury fund may be made
16for operational or lump sum expenses only, provided that the
17sum of such transfers for a State agency in State fiscal year
182025 shall not exceed 4% of the aggregate amount appropriated
19to that State agency for operational or lump sum expenses for
20State fiscal year 2025. For the purpose of this subsection,
21"operational or lump sum expenses" includes the following
22objects: personal services; extra help; student and inmate
23compensation; State contributions to retirement systems; State
24contributions to social security; State contributions for
25employee group insurance; contractual services; travel;
26commodities; printing; equipment; electronic data processing;

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1operation of automotive equipment; telecommunications
2services; travel and allowance for committed, paroled, and
3discharged prisoners; library books; federal matching grants
4for student loans; refunds; workers' compensation,
5occupational disease, and tort claims; late interest penalties
6under the State Prompt Payment Act and Sections 368a and 370a
7of the Illinois Insurance Code; lump sum and other purposes;
8and lump sum operations. For the purpose of this subsection,
9"State agency" does not include the Attorney General, the
10Comptroller, the Treasurer, or the judicial or legislative
11branches.
12    (c-12) Special provisions for State fiscal year 2026.
13Notwithstanding any other provision of this Section, for State
14fiscal year 2026, transfers among line item appropriations to
15a State agency from the same State treasury fund may be made
16for operational or lump sum expenses only, provided that the
17sum of such transfers for a State agency in State fiscal year
182025 shall not exceed 4% of the aggregate amount appropriated
19to that State agency for operational or lump sum expenses for
20State fiscal year 2026. For the purpose of this subsection,
21"operational or lump sum expenses" includes the following
22objects: personal services; extra help; student and inmate
23compensation; State contributions to retirement systems; State
24contributions to social security; State contributions for
25employee group insurance; contractual services; travel;
26commodities; printing; equipment; electronic data processing;

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1operation of automotive equipment; telecommunications
2services; travel and allowance for committed, paroled, and
3discharged prisoners; library books; federal matching grants
4for student loans; refunds; workers' compensation,
5occupational disease, and tort claims; late interest penalties
6under the State Prompt Payment Act and Sections 368a and 370a
7of the Illinois Insurance Code; lump sum and other purposes;
8and lump sum operations. For the purpose of this subsection,
9"State agency" does not include the Attorney General, the
10Comptroller, the Treasurer, or the judicial or legislative
11branches.    
12    (d) Transfers among appropriations made to agencies of the
13Legislative and Judicial departments and to the
14constitutionally elected officers in the Executive branch
15require the approval of the officer authorized in Section 10
16of this Act to approve and certify vouchers. Transfers among
17appropriations made to the University of Illinois, Southern
18Illinois University, Chicago State University, Eastern
19Illinois University, Governors State University, Illinois
20State University, Northeastern Illinois University, Northern
21Illinois University, Western Illinois University, the Illinois
22Mathematics and Science Academy and the Board of Higher
23Education require the approval of the Board of Higher
24Education and the Governor. Transfers among appropriations to
25all other agencies require the approval of the Governor.
26    The officer responsible for approval shall certify that

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1the transfer is necessary to carry out the programs and
2purposes for which the appropriations were made by the General
3Assembly and shall transmit to the State Comptroller a
4certified copy of the approval which shall set forth the
5specific amounts transferred so that the Comptroller may
6change his records accordingly. The Comptroller shall furnish
7the Governor with information copies of all transfers approved
8for agencies of the Legislative and Judicial departments and
9transfers approved by the constitutionally elected officials
10of the Executive branch other than the Governor, showing the
11amounts transferred and indicating the dates such changes were
12entered on the Comptroller's records.
13    (e) The State Board of Education, in consultation with the
14State Comptroller, may transfer line item appropriations for
15General State Aid or Evidence-Based Funding among the Common
16School Fund and the Education Assistance Fund, and, for State
17fiscal year 2020 and each fiscal year thereafter, the Fund for
18the Advancement of Education. With the advice and consent of
19the Governor's Office of Management and Budget, the State
20Board of Education, in consultation with the State
21Comptroller, may transfer line item appropriations between the
22General Revenue Fund and the Education Assistance Fund for the
23following programs:
24        (1) Disabled Student Personnel Reimbursement (Section
25 14-13.01 of the School Code);
26        (2) Disabled Student Transportation Reimbursement

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1 (subsection (b) of Section 14-13.01 of the School Code);
2        (3) Disabled Student Tuition - Private Tuition
3 (Section 14-7.02 of the School Code);
4        (4) Extraordinary Special Education (Section 14-7.02b
5 of the School Code);
6        (5) Reimbursement for Free Lunch/Breakfast Programs;
7        (6) Summer School Payments (Section 18-4.3 of the
8 School Code);
9        (7) Transportation - Regular/Vocational Reimbursement
10 (Section 29-5 of the School Code);
11        (8) Regular Education Reimbursement (Section 18-3 of
12 the School Code); and
13        (9) Special Education Reimbursement (Section 14-7.03
14 of the School Code).
15    (f) For State fiscal year 2020 and each fiscal year
16thereafter, the Department on Aging, in consultation with the
17State Comptroller, with the advice and consent of the
18Governor's Office of Management and Budget, may transfer line
19item appropriations for purchase of services covered by the
20Community Care Program between the General Revenue Fund and
21the Commitment to Human Services Fund.
22    (g) For State fiscal year 2024 and each fiscal year
23thereafter, if requested by an agency chief executive officer
24and authorized and approved by the Comptroller, the
25Comptroller may direct and the Treasurer shall transfer funds
26from the General Revenue Fund to fund payroll expenses that

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1meet the payroll transaction exception criteria as defined by
2the Comptroller in the Statewide Accounting Management System
3(SAMS) Manual. The agency shall then transfer these funds back
4to the General Revenue Fund within 30 7 days.
5(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
6103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
7    Section 5-35. The State Revenue Sharing Act is amended by
8changing Section 12 as follows:
9    (30 ILCS 115/12)    (from Ch. 85, par. 616)
10    Sec. 12. Personal Property Tax Replacement Fund. There is
11hereby created the Personal Property Tax Replacement Fund, a
12special fund in the State Treasury into which shall be paid all
13revenue realized:
14        (a) all amounts realized from the additional personal
15 property tax replacement income tax imposed by subsections
16 (c) and (d) of Section 201 of the Illinois Income Tax Act,
17 except for those amounts deposited into the Income Tax
18 Refund Fund pursuant to subsection (c) of Section 901 of
19 the Illinois Income Tax Act; and
20        (b) all amounts realized from the additional personal
21 property replacement invested capital taxes imposed by
22 Section 2a.1 of the Messages Tax Act, Section 2a.1 of the
23 Gas Revenue Tax Act, Section 2a.1 of the Public Utilities
24 Revenue Act, and Section 3 of the Water Company Invested

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1 Capital Tax Act, and amounts payable to the Department of
2 Revenue under the Telecommunications Infrastructure
3 Maintenance Fee Act.
4    As soon as may be after the end of each month, the
5Department of Revenue shall certify to the Treasurer and the
6Comptroller the amount of all refunds paid out of the General
7Revenue Fund through the preceding month on account of
8overpayment of liability on taxes paid into the Personal
9Property Tax Replacement Fund. Upon receipt of such
10certification, the Treasurer and the Comptroller shall
11transfer the amount so certified from the Personal Property
12Tax Replacement Fund into the General Revenue Fund.
13    The payments of revenue into the Personal Property Tax
14Replacement Fund shall be used exclusively for distribution to
15taxing districts, regional offices and officials, and local
16officials as provided in this Section and in the School Code,
17payment of the ordinary and contingent expenses of the
18Property Tax Appeal Board, payment of the expenses of the
19Department of Revenue incurred in administering the collection
20and distribution of monies paid into the Personal Property Tax
21Replacement Fund and transfers due to refunds to taxpayers for
22overpayment of liability for taxes paid into the Personal
23Property Tax Replacement Fund.
24    In addition, moneys in the Personal Property Tax
25Replacement Fund may be used to pay any of the following: (i)
26salary, stipends, and additional compensation as provided by

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1law for chief election clerks, county clerks, and county
2recorders; (ii) costs associated with regional offices of
3education and educational service centers; (iii)
4reimbursements payable by the State Board of Elections under
5Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
6Election Code; (iv) expenses of the Illinois Educational Labor
7Relations Board; and (v) salary, personal services, and
8additional compensation as provided by law for court reporters
9under the Court Reporters Act.
10    As soon as may be after June 26, 1980 (the effective date
11of Public Act 81-1255), the Department of Revenue shall
12certify to the Treasurer the amount of net replacement revenue
13paid into the General Revenue Fund prior to that effective
14date from the additional tax imposed by Section 2a.1 of the
15Messages Tax Act; Section 2a.1 of the Gas Revenue Tax Act;
16Section 2a.1 of the Public Utilities Revenue Act; Section 3 of
17the Water Company Invested Capital Tax Act; amounts collected
18by the Department of Revenue under the Telecommunications
19Infrastructure Maintenance Fee Act; and the additional
20personal property tax replacement income tax imposed by the
21Illinois Income Tax Act, as amended by Public Act 81-1st
22Special Session-1. Net replacement revenue shall be defined as
23the total amount paid into and remaining in the General
24Revenue Fund as a result of those Acts minus the amount
25outstanding and obligated from the General Revenue Fund in
26state vouchers or warrants prior to June 26, 1980 (the

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1effective date of Public Act 81-1255) as refunds to taxpayers
2for overpayment of liability under those Acts.
3    All interest earned by monies accumulated in the Personal
4Property Tax Replacement Fund shall be deposited into in such
5Fund. All amounts allocated pursuant to this Section are
6appropriated on a continuing basis.
7    Prior to December 31, 1980, as soon as may be after the end
8of each quarter beginning with the quarter ending December 31,
91979, and on and after December 31, 1980, as soon as may be
10after January 1, March 1, April 1, May 1, July 1, August 1,
11October 1 and December 1 of each year, the Department of
12Revenue shall allocate to each taxing district as defined in
13Section 1-150 of the Property Tax Code, in accordance with the
14provisions of paragraph (2) of this Section the portion of the
15funds held in the Personal Property Tax Replacement Fund which
16is required to be distributed, as provided in paragraph (1),
17for each quarter. Provided, however, under no circumstances
18shall any taxing district during each of the first 2 two years
19of distribution of the taxes imposed by Public Act 81-1st
20Special Session-1 be entitled to an annual allocation which is
21less than the funds such taxing district collected from the
221978 personal property tax. Provided further that under no
23circumstances shall any taxing district during the third year
24of distribution of the taxes imposed by Public Act 81-1st
25Special Session-1 receive less than 60% of the funds such
26taxing district collected from the 1978 personal property tax.

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1In the event that the total of the allocations made as above
2provided for all taxing districts, during either of such 3
3years, exceeds the amount available for distribution the
4allocation of each taxing district shall be proportionately
5reduced. Except as provided in Section 13 of this Act, the
6Department shall then certify, pursuant to appropriation, such
7allocations to the State Comptroller who shall pay over to the
8several taxing districts the respective amounts allocated to
9them.
10    Any township which receives an allocation based in whole
11or in part upon personal property taxes which it levied
12pursuant to Section 6-507 or 6-512 of the Illinois Highway
13Code and which was previously required to be paid over to a
14municipality shall immediately pay over to that municipality a
15proportionate share of the personal property replacement funds
16which such township receives.
17    Any municipality or township, other than a municipality
18with a population in excess of 500,000, which receives an
19allocation based in whole or in part on personal property
20taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6 of
21the Illinois Local Library Act and which was previously
22required to be paid over to a public library shall immediately
23pay over to that library a proportionate share of the personal
24property tax replacement funds which such municipality or
25township receives; provided that if such a public library has
26converted to a library organized under the Illinois Public

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1Library District Act, regardless of whether such conversion
2has occurred on, after or before January 1, 1988, such
3proportionate share shall be immediately paid over to the
4library district which maintains and operates the library.
5However, any library that has converted prior to January 1,
61988, and which hitherto has not received the personal
7property tax replacement funds, shall receive such funds
8commencing on January 1, 1988.
9    Any township which receives an allocation based in whole
10or in part on personal property taxes which it levied pursuant
11to Section 1c of the Public Graveyards Act and which taxes were
12previously required to be paid over to or used for such public
13cemetery or cemeteries shall immediately pay over to or use
14for such public cemetery or cemeteries a proportionate share
15of the personal property tax replacement funds which the
16township receives.
17    Any taxing district which receives an allocation based in
18whole or in part upon personal property taxes which it levied
19for another governmental body or school district in Cook
20County in 1976 or for another governmental body or school
21district in the remainder of the State in 1977 shall
22immediately pay over to that governmental body or school
23district the amount of personal property replacement funds
24which such governmental body or school district would receive
25directly under the provisions of paragraph (2) of this
26Section, had it levied its own taxes.

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1        (1) The portion of the Personal Property Tax
2 Replacement Fund required to be distributed as of the time
3 allocation is required to be made shall be the amount
4 available in such Fund as of the time allocation is
5 required to be made.
6        The amount available for distribution shall be the
7 total amount in the fund at such time minus the necessary
8 administrative and other authorized expenses as limited by
9 the appropriation and the amount determined by: (a) $2.8
10 million for fiscal year 1981; (b) for fiscal year 1982,
11 .54% of the funds distributed from the fund during the
12 preceding fiscal year; (c) for fiscal year 1983 through
13 fiscal year 1988, .54% of the funds distributed from the
14 fund during the preceding fiscal year less .02% of such
15 fund for fiscal year 1983 and less .02% of such funds for
16 each fiscal year thereafter; (d) for fiscal year 1989
17 through fiscal year 2011 no more than 105% of the actual
18 administrative expenses of the prior fiscal year; (e) for
19 fiscal year 2012 and beyond, a sufficient amount to pay
20 (i) stipends, additional compensation, salary
21 reimbursements, and other amounts directed to be paid out
22 of this Fund for local officials as authorized or required
23 by statute and (ii) the ordinary and contingent expenses
24 of the Property Tax Appeal Board and the expenses of the
25 Department of Revenue incurred in administering the
26 collection and distribution of moneys paid into the Fund;

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1 (f) for fiscal years 2012 and 2013 only, a sufficient
2 amount to pay stipends, additional compensation, salary
3 reimbursements, and other amounts directed to be paid out
4 of this Fund for regional offices and officials as
5 authorized or required by statute; or (g) for fiscal years
6 2018 through 2026 2025 only, a sufficient amount to pay
7 amounts directed to be paid out of this Fund for public
8 community college base operating grants and local health
9 protection grants to certified local health departments as
10 authorized or required by appropriation or statute; and
11 (h) for fiscal year 2026 only, a sufficient amount to pay
12 amounts directed to be paid out of this Fund for costs
13 associated with the Illinois Century Network and broadband
14 projects as authorized or required by appropriation or
15 statute. Such portion of the fund shall be determined
16 after the transfer into the General Revenue Fund due to
17 refunds, if any, paid from the General Revenue Fund during
18 the preceding quarter. If at any time, for any reason,
19 there is insufficient amount in the Personal Property Tax
20 Replacement Fund for payments for regional offices and
21 officials or local officials or payment of costs of
22 administration or for transfers due to refunds at the end
23 of any particular month, the amount of such insufficiency
24 shall be carried over for the purposes of payments for
25 regional offices and officials, local officials, transfers
26 into the General Revenue Fund, and costs of administration

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1 to the following month or months. Net replacement revenue
2 held, and defined above, shall be transferred by the
3 Treasurer and Comptroller to the Personal Property Tax
4 Replacement Fund within 10 days of such certification.
5        (2) Each quarterly allocation shall first be
6 apportioned in the following manner: 51.65% for taxing
7 districts in Cook County and 48.35% for taxing districts
8 in the remainder of the State.
9    The Personal Property Replacement Ratio of each taxing
10district outside Cook County shall be the ratio which the Tax
11Base of that taxing district bears to the Downstate Tax Base.
12The Tax Base of each taxing district outside of Cook County is
13the personal property tax collections for that taxing district
14for the 1977 tax year. The Downstate Tax Base is the personal
15property tax collections for all taxing districts in the State
16outside of Cook County for the 1977 tax year. The Department of
17Revenue shall have authority to review for accuracy and
18completeness the personal property tax collections for each
19taxing district outside Cook County for the 1977 tax year.
20    The Personal Property Replacement Ratio of each Cook
21County taxing district shall be the ratio which the Tax Base of
22that taxing district bears to the Cook County Tax Base. The Tax
23Base of each Cook County taxing district is the personal
24property tax collections for that taxing district for the 1976
25tax year. The Cook County Tax Base is the personal property tax
26collections for all taxing districts in Cook County for the

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11976 tax year. The Department of Revenue shall have authority
2to review for accuracy and completeness the personal property
3tax collections for each taxing district within Cook County
4for the 1976 tax year.
5    For all purposes of this Section 12, amounts paid to a
6taxing district for such tax years as may be applicable by a
7foreign corporation under the provisions of Section 7-202 of
8the Public Utilities Act, as amended, shall be deemed to be
9personal property taxes collected by such taxing district for
10such tax years as may be applicable. The Director shall
11determine from the Illinois Commerce Commission, for any tax
12year as may be applicable, the amounts so paid by any such
13foreign corporation to any and all taxing districts. The
14Illinois Commerce Commission shall furnish such information to
15the Director. For all purposes of this Section 12, the
16Director shall deem such amounts to be collected personal
17property taxes of each such taxing district for the applicable
18tax year or years.
19    Taxing districts located both in Cook County and in one or
20more other counties shall receive both a Cook County
21allocation and a Downstate allocation determined in the same
22way as all other taxing districts.
23    If any taxing district in existence on July 1, 1979 ceases
24to exist, or discontinues its operations, its Tax Base shall
25thereafter be deemed to be zero. If the powers, duties and
26obligations of the discontinued taxing district are assumed by

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1another taxing district, the Tax Base of the discontinued
2taxing district shall be added to the Tax Base of the taxing
3district assuming such powers, duties and obligations.
4    If 2 two or more taxing districts in existence on July 1,
51979, or a successor or successors thereto shall consolidate
6into one taxing district, the Tax Base of such consolidated
7taxing district shall be the sum of the Tax Bases of each of
8the taxing districts which have consolidated.
9    If a single taxing district in existence on July 1, 1979,
10or a successor or successors thereto shall be divided into 2    
11two or more separate taxing districts, the tax base of the
12taxing district so divided shall be allocated to each of the
13resulting taxing districts in proportion to the then current
14equalized assessed value of each resulting taxing district.
15    If a portion of the territory of a taxing district is
16disconnected and annexed to another taxing district of the
17same type, the Tax Base of the taxing district from which
18disconnection was made shall be reduced in proportion to the
19then current equalized assessed value of the disconnected
20territory as compared with the then current equalized assessed
21value within the entire territory of the taxing district prior
22to disconnection, and the amount of such reduction shall be
23added to the Tax Base of the taxing district to which
24annexation is made.
25    If a community college district is created after July 1,
261979, beginning on January 1, 1996 (the effective date of

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1Public Act 89-327), its Tax Base shall be 3.5% of the sum of
2the personal property tax collected for the 1977 tax year
3within the territorial jurisdiction of the district.
4    The amounts allocated and paid to taxing districts
5pursuant to the provisions of Public Act 81-1st Special
6Session-1 shall be deemed to be substitute revenues for the
7revenues derived from taxes imposed on personal property
8pursuant to the provisions of the "Revenue Act of 1939" or "An
9Act for the assessment and taxation of private car line
10companies", approved July 22, 1943, as amended, or Section 414
11of the Illinois Insurance Code, prior to the abolition of such
12taxes and shall be used for the same purposes as the revenues
13derived from ad valorem taxes on real estate.
14    Monies received by any taxing districts from the Personal
15Property Tax Replacement Fund shall be first applied toward
16payment of the proportionate amount of debt service which was
17previously levied and collected from extensions against
18personal property on bonds outstanding as of December 31, 1978
19and next applied toward payment of the proportionate share of
20the pension or retirement obligations of the taxing district
21which were previously levied and collected from extensions
22against personal property. For each such outstanding bond
23issue, the County Clerk shall determine the percentage of the
24debt service which was collected from extensions against real
25estate in the taxing district for 1978 taxes payable in 1979,
26as related to the total amount of such levies and collections

10400HB1075sam003- 101 -LRB104 03072 JDS 27160 a
1from extensions against both real and personal property. For
21979 and subsequent years' taxes, the County Clerk shall levy
3and extend taxes against the real estate of each taxing
4district which will yield the said percentage or percentages
5of the debt service on such outstanding bonds. The balance of
6the amount necessary to fully pay such debt service shall
7constitute a first and prior lien upon the monies received by
8each such taxing district through the Personal Property Tax
9Replacement Fund and shall be first applied or set aside for
10such purpose. In counties having fewer than 3,000,000
11inhabitants, the amendments to this paragraph as made by
12Public Act 81-1255 shall be first applicable to 1980 taxes to
13be collected in 1981.
14(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
15103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
16    Section 5-40. The Agricultural Fair Act is amended by
17changing Sections 9, 13, 17, 18, and 20 as follows:
18    (30 ILCS 120/9)    (from Ch. 85, par. 659)
19    Sec. 9. Premiums. The formulas for distributing monies
20from the Agricultural Premium Fund or the Fair and Exposition
21Fund pursuant to subsection (b) of Section 17 to eligible
22county fairs shall be contingent upon the following
23provisions:
24        (a) Of the total amount of premiums which are to be

10400HB1075sam003- 102 -LRB104 03072 JDS 27160 a
1 paid to persons for exhibitions at its annual fair for the
2 current year for exhibits of any events related to
3 agriculture including horticulture, flora culture,
4 poultry, livestock, light horses, harness-racing and
5 running horse races, rodeos, and domestic and mechanical
6 arts, no one department or class shall be paid premiums
7 awarded in excess of 30% of the total premiums awarded by
8 the county fair except those departments or classes
9 limited to junior exhibitors. Harness horse races and
10 running horse races shall be considered as one department.
11        (b) (Blank).
12        (c) A reasonable entry fee for all classes may be
13 charged which will not exceed the maximum limit as
14 established by the Department.
15        (d) No part of any appropriation made for the benefit
16 of county fairs shall be used in payment for personnel or
17 acts which are solely for the entertainment of persons
18 attending the fair or for acts which have been hired or
19 contracted for by the fair, except events related to
20 agriculture, including tractor pulls, truck pulls, rodeos
21 and other acts which may be exempt in the judgment of the
22 Director.
23        (e) Prizes awarded for light horses, and for
24 harness-racing and running horses shall be payable from
25 such appropriation.
26(Source: P.A. 94-261, eff. 1-1-06.)

10400HB1075sam003- 103 -LRB104 03072 JDS 27160 a
1    (30 ILCS 120/13)    (from Ch. 85, par. 663)
2    Sec. 13. Rehabilitation. Except as otherwise allowed by
3the Director, to qualify for disbursements made by the
4Department from an appropriation made under the provisions of
5this Section, the land on which the fair is held must be owned
6by the county fair board participating in this disbursement or
7by a State, city, village, or county government body, or be
8held under a lease that is at least 20 years in duration, the
9terms of which require the lessee to have continuous
10possession of the land during every day of the lease period. No
11county fair shall qualify for disbursements made by the
12Department from an appropriation made under the provisions of
13this Section unless it shall have notified the Department in
14writing of its intent to participate prior to obligating any
15funds for which reimbursement will be requested. Each county
16fair shall be reimbursed annually for that part of the amount
17expended by the fair during the year for liability and
18casualty insurance, as provided in this Section, and the
19rehabilitation of its grounds, including major construction
20projects and minor maintenance and repair projects; as
21follows:
22    100% of the first $5,000 or any part thereof;
23    75% of the next $20,000 or any part thereof;
24    50% of the next $20,000 or any part thereof.
25    The lesser of either $20,000 or 50% of the amount received

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1by a county fair pursuant to this Section may be expended for
2liability and casualty insurance.
3    The maximum amount the DeWitt County Fair may be
4reimbursed in each of fiscal years 2022 and 2023, subject to
5appropriation, is $13,250.
6    If a county fair expends more than is needed in any year
7for approved projects to maximize State reimbursement under
8this Section and provides itemized receipts and other evidence
9of expenditures for that year, any excess may be carried over
10to the succeeding year. The amount carried over shall
11constitute a claim for reimbursement for a subsequent period
12not to exceed 7 years as long as funds are available.
13    Before June 30 of each year, the president and secretary
14of each county fair which has participated in this program
15shall file with the Department a sworn statement of the amount
16expended during the period July 1 to June 30 of the State's
17fiscal year, accompanied by itemized receipted bills and other
18evidence of expenditures. If the Department approves the
19claim, the State Comptroller is authorized and directed to
20draw a warrant payable from the Agricultural Premium Fund or
21the Fair and Exposition Fund pursuant to subsection (b) of
22Section 17 on the State Treasurer for the amount of the
23rehabilitation claims.
24    If after all claims are paid, there remains any amount of
25the appropriation for rehabilitation, the remaining amount
26shall be distributed as a grant to the participating fairs

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1qualifying for the maximum reimbursement and shall be
2distributed to the eligible fairs on an equal basis not to
3exceed each eligible fair's pro rata share granted in this
4paragraph. A sworn statement of the amount expended
5accompanied by the itemized receipted bills as evidence of
6expenditure must be filed with the Department by June 30 of
7each year.
8(Source: P.A. 102-699, eff. 4-19-22.)
9    (30 ILCS 120/17)    (from Ch. 85, par. 667)
10    Sec. 17. Fair and expositions.
11    (a) Any county fair eligible to participate in
12appropriations made from the Agricultural Premium Fund may
13elect instead in any odd numbered year to participate in the
14appropriation from the Fair and Exposition Fund. The
15Department must be notified of such election by January 1 of
16the year of participation in that fund. Any such election
17shall be binding for 4 calendar years. No county fair may
18choose to shall participate for the same calendar year in
19appropriations under both this Fund and the Agricultural
20Premium Fund.
21    (b) Notwithstanding the provisions of this Section, during
22State fiscal year 2026 only and regardless of prior elections
23under this Section, the Department may make payments to county
24fairs from the Fair and Exposition Fund for amounts otherwise
25payable under this Act from the Agricultural Premium Fund,

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1subject to the same conditions as if the moneys were paid from
2the Agricultural Premium Fund, and receipt of such payments
3from the Fair and Exposition Fund shall not affect the county
4fair's prior election under this Section.    
5    In counties where a Fair and Exposition Authority
6participated in 1999, the Fair and Exposition Authority shall
7transfer all remaining funds to the county fair in such county
8within 30 days of the effective date of this amendatory Act of
9the 99th General Assembly. Upon the transfer of such funds to
10the county fair, the terms of the Authority's members shall
11terminate and the Authority shall cease to exist.
12(Source: P.A. 99-183, eff. 7-29-15.)
13    (30 ILCS 120/18)    (from Ch. 85, par. 668)
14    Sec. 18. Money shall be paid into the Fair and Exposition
15Fund by the Illinois Racing Board, as provided in Section 28 of
16the Illinois Horse Racing Act of 1975. The General Assembly
17shall from time to time make appropriations payable from such
18fund to the Department for distribution to county fairs. Such
19appropriations shall be distributed by the Department to (i)    
20county fairs which are eligible to participate in
21appropriations made from the Agricultural Premium Fund but
22which elect instead to participate in appropriations made from
23the Fair and Exposition Fund and (ii) county fairs that
24participate in the Agricultural Premium Fund under Section 17
25but which receive moneys from the Fair and Exposition Fund

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1under subsection (b) of Section 17. If a county has more than
2one county fair, such fairs shall jointly elect to participate
3either in appropriations made from the Agricultural Premium
4Fund or in appropriations made from the Fair and Exposition
5Fund. All participating county fairs of the same county shall
6participate in the same appropriation. Except as otherwise
7allowed by the Director, a participant, to be eligible to
8expend moneys appropriated from the Fair and Exposition Fund
9for the purchase of new or additional land construction or
10maintenance of buildings, grounds, facilities, infrastructure,
11or any improvement to the grounds must hold the land on which
12such fair or exposition is to be conducted as a fee or under a
13lease of at least 20 years, the terms of which require the
14lessee to have continuous possession of the land during every
15day of the lease period, or must be owned by the fair
16association participating in this disbursement, by an
17agricultural society, or by a fair and exposition authority.
18(Source: P.A. 99-183, eff. 7-29-15.)
19    (30 ILCS 120/20)    (from Ch. 85, par. 670)
20    Sec. 20. Appropriations made from the Fair and Exposition
21Fund may be used for financing agricultural, educational,
22trade and scientific exhibits; for premium and award purposes
23as set forth in subsections (a) through (e) of Section 9; for
24premiums to agricultural extensions or 4-H clubs; for premiums
25to vocational agriculture section fairs; for rehabilitation of

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1county fairgrounds; for distribution to encourage and aid
2county fairs and other agricultural societies; for grants and
3other purposes for county fair and State Fair horse racing;    
4and for other expenses incurred by the fair that are directly
5related to the operation of the fair and approved by rule by
6the Department if the participant holds the land on which the
7fair or exposition is conducted as a fee or is under a lease of
8at least 20 years (the terms of which require the lessee to
9have continuous possession of the land during every day of the
10lease period), or is owned by the fair association
11participating in this disbursement, by an agricultural
12society, or by a fair and exposition authority, except as
13otherwise allowed by the Director.
14(Source: P.A. 94-261, eff. 1-1-06.)
15    Section 5-42. The Illinois Procurement Code is amended by
16changing Sections 1-10, 1-15.15, and 10-20 as follows:
17    (30 ILCS 500/1-10)
18    Sec. 1-10. Application.
19    (a) This Code applies only to procurements for which
20bidders, offerors, potential contractors, or contractors were
21first solicited on or after July 1, 1998. This Code shall not
22be construed to affect or impair any contract, or any
23provision of a contract, entered into based on a solicitation
24prior to the implementation date of this Code as described in

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1Article 99, including, but not limited to, any covenant
2entered into with respect to any revenue bonds or similar
3instruments. All procurements for which contracts are
4solicited between the effective date of Articles 50 and 99 and
5July 1, 1998 shall be substantially in accordance with this
6Code and its intent.
7    (b) This Code shall apply regardless of the source of the
8funds with which the contracts are paid, including federal
9assistance moneys. This Code shall not apply to:
10        (1) Contracts between the State and its political
11 subdivisions or other governments, or between State
12 governmental bodies, except as specifically provided in
13 this Code.
14        (2) Grants, except for the filing requirements of
15 Section 20-80.
16        (3) Purchase of care, except as provided in Section
17 5-30.6 of the Illinois Public Aid Code and this Section.
18        (4) Hiring of an individual as an employee and not as
19 an independent contractor, whether pursuant to an
20 employment code or policy or by contract directly with
21 that individual.
22        (5) Collective bargaining contracts.
23        (6) Purchase of real estate, except that notice of
24 this type of contract with a value of more than $25,000
25 must be published in the Procurement Bulletin within 10
26 calendar days after the deed is recorded in the county of

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1 jurisdiction. The notice shall identify the real estate
2 purchased, the names of all parties to the contract, the
3 value of the contract, and the effective date of the
4 contract.
5        (7) Contracts necessary to prepare for anticipated
6 litigation, enforcement actions, or investigations,
7 provided that the chief legal counsel to the Governor
8 shall give his or her prior approval when the procuring
9 agency is one subject to the jurisdiction of the Governor,
10 and provided that the chief legal counsel of any other
11 procuring entity subject to this Code shall give his or
12 her prior approval when the procuring entity is not one
13 subject to the jurisdiction of the Governor.
14        (8) (Blank).
15        (9) Procurement expenditures by the Illinois
16 Conservation Foundation when only private funds are used.
17        (10) (Blank).
18        (11) Public-private agreements entered into according
19 to the procurement requirements of Section 20 of the
20 Public-Private Partnerships for Transportation Act and
21 design-build agreements entered into according to the
22 procurement requirements of Section 25 of the
23 Public-Private Partnerships for Transportation Act.
24        (12) (A) Contracts for legal, financial, and other
25 professional and artistic services entered into by the
26 Illinois Finance Authority in which the State of Illinois

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1 is not obligated. Such contracts shall be awarded through
2 a competitive process authorized by the members of the
3 Illinois Finance Authority and are subject to Sections
4 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code,
5 as well as the final approval by the members of the
6 Illinois Finance Authority of the terms of the contract.
7        (B) Contracts for legal and financial services entered
8 into by the Illinois Housing Development Authority in
9 connection with the issuance of bonds in which the State
10 of Illinois is not obligated. Such contracts shall be
11 awarded through a competitive process authorized by the
12 members of the Illinois Housing Development Authority and
13 are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35,
14 and 50-37 of this Code, as well as the final approval by
15 the members of the Illinois Housing Development Authority
16 of the terms of the contract.
17        (13) Contracts for services, commodities, and
18 equipment to support the delivery of timely forensic
19 science services in consultation with and subject to the
20 approval of the Chief Procurement Officer as provided in
21 subsection (d) of Section 5-4-3a of the Unified Code of
22 Corrections, except for the requirements of Sections
23 20-60, 20-65, 20-70, and 20-160 and Article 50 of this
24 Code; however, the Chief Procurement Officer may, in
25 writing with justification, waive any certification
26 required under Article 50 of this Code. For any contracts

10400HB1075sam003- 112 -LRB104 03072 JDS 27160 a
1 for services which are currently provided by members of a
2 collective bargaining agreement, the applicable terms of
3 the collective bargaining agreement concerning
4 subcontracting shall be followed.
5        On and after January 1, 2019, this paragraph (13),
6 except for this sentence, is inoperative.
7        (14) Contracts for participation expenditures required
8 by a domestic or international trade show or exhibition of
9 an exhibitor, member, or sponsor.
10        (15) Contracts with a railroad or utility that
11 requires the State to reimburse the railroad or utilities
12 for the relocation of utilities for construction or other
13 public purpose. Contracts included within this paragraph
14 (15) shall include, but not be limited to, those
15 associated with: relocations, crossings, installations,
16 and maintenance. For the purposes of this paragraph (15),
17 "railroad" means any form of non-highway ground
18 transportation that runs on rails or electromagnetic
19 guideways and "utility" means: (1) public utilities as
20 defined in Section 3-105 of the Public Utilities Act, (2)
21 telecommunications carriers as defined in Section 13-202
22 of the Public Utilities Act, (3) electric cooperatives as
23 defined in Section 3.4 of the Electric Supplier Act, (4)
24 telephone or telecommunications cooperatives as defined in
25 Section 13-212 of the Public Utilities Act, (5) rural
26 water or waste water systems with 10,000 connections or

10400HB1075sam003- 113 -LRB104 03072 JDS 27160 a
1 less, (6) a holder as defined in Section 21-201 of the
2 Public Utilities Act, and (7) municipalities owning or
3 operating utility systems consisting of public utilities
4 as that term is defined in Section 11-117-2 of the
5 Illinois Municipal Code.
6        (16) Procurement expenditures necessary for the
7 Department of Public Health to provide the delivery of
8 timely newborn screening services in accordance with the
9 Newborn Metabolic Screening Act.
10        (17) Procurement expenditures necessary for the
11 Department of Agriculture, the Department of Financial and
12 Professional Regulation, the Department of Human Services,
13 and the Department of Public Health to implement the
14 Compassionate Use of Medical Cannabis Program and Opioid
15 Alternative Pilot Program requirements and ensure access
16 to medical cannabis for patients with debilitating medical
17 conditions in accordance with the Compassionate Use of
18 Medical Cannabis Program Act.
19        (18) This Code does not apply to any procurements
20 necessary for the Department of Agriculture, the
21 Department of Financial and Professional Regulation, the
22 Department of Human Services, the Department of Commerce
23 and Economic Opportunity, and the Department of Public
24 Health to implement the Cannabis Regulation and Tax Act if
25 the applicable agency has made a good faith determination
26 that it is necessary and appropriate for the expenditure

10400HB1075sam003- 114 -LRB104 03072 JDS 27160 a
1 to fall within this exemption and if the process is
2 conducted in a manner substantially in accordance with the
3 requirements of Sections 20-160, 25-60, 30-22, 50-5,
4 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
5 50-36, 50-37, 50-38, and 50-50 of this Code; however, for
6 Section 50-35, compliance applies only to contracts or
7 subcontracts over $100,000. Notice of each contract
8 entered into under this paragraph (18) that is related to
9 the procurement of goods and services identified in
10 paragraph (1) through (9) of this subsection shall be
11 published in the Procurement Bulletin within 14 calendar
12 days after contract execution. The Chief Procurement
13 Officer shall prescribe the form and content of the
14 notice. Each agency shall provide the Chief Procurement
15 Officer, on a monthly basis, in the form and content
16 prescribed by the Chief Procurement Officer, a report of
17 contracts that are related to the procurement of goods and
18 services identified in this subsection. At a minimum, this
19 report shall include the name of the contractor, a
20 description of the supply or service provided, the total
21 amount of the contract, the term of the contract, and the
22 exception to this Code utilized. A copy of any or all of
23 these contracts shall be made available to the Chief
24 Procurement Officer immediately upon request. The Chief
25 Procurement Officer shall submit a report to the Governor
26 and General Assembly no later than November 1 of each year

10400HB1075sam003- 115 -LRB104 03072 JDS 27160 a
1 that includes, at a minimum, an annual summary of the
2 monthly information reported to the Chief Procurement
3 Officer. This exemption becomes inoperative 5 years after
4 June 25, 2019 (the effective date of Public Act 101-27).
5        (19) Acquisition of modifications or adjustments,
6 limited to assistive technology devices and assistive
7 technology services, adaptive equipment, repairs, and
8 replacement parts to provide reasonable accommodations (i)
9 that enable a qualified applicant with a disability to
10 complete the job application process and be considered for
11 the position such qualified applicant desires, (ii) that
12 modify or adjust the work environment to enable a
13 qualified current employee with a disability to perform
14 the essential functions of the position held by that
15 employee, (iii) to enable a qualified current employee
16 with a disability to enjoy equal benefits and privileges
17 of employment as are enjoyed by other similarly situated
18 employees without disabilities, and (iv) that allow a
19 customer, client, claimant, or member of the public
20 seeking State services full use and enjoyment of and
21 access to its programs, services, or benefits.
22        For purposes of this paragraph (19):
23        "Assistive technology devices" means any item, piece
24 of equipment, or product system, whether acquired
25 commercially off the shelf, modified, or customized, that
26 is used to increase, maintain, or improve functional

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1 capabilities of individuals with disabilities.
2        "Assistive technology services" means any service that
3 directly assists an individual with a disability in
4 selection, acquisition, or use of an assistive technology
5 device.
6        "Qualified" has the same meaning and use as provided
7 under the federal Americans with Disabilities Act when
8 describing an individual with a disability.
9        (20) Procurement expenditures necessary for the
10 Illinois Commerce Commission to hire third-party
11 facilitators pursuant to Sections 16-105.17 and 16-108.18
12 of the Public Utilities Act or an ombudsman pursuant to
13 Section 16-107.5 of the Public Utilities Act, a
14 facilitator pursuant to Section 16-105.17 of the Public
15 Utilities Act, or a grid auditor pursuant to Section
16 16-105.10 of the Public Utilities Act.
17        (21) Procurement expenditures for the purchase,
18 renewal, and expansion of software, software licenses, or
19 software maintenance agreements that support the efforts
20 of the Illinois State Police to enforce, regulate, and
21 administer the Firearm Owners Identification Card Act, the
22 Firearm Concealed Carry Act, the Firearms Restraining
23 Order Act, the Firearm Dealer License Certification Act,
24 the Law Enforcement Agencies Data System (LEADS), the
25 Uniform Crime Reporting Act, the Criminal Identification
26 Act, the Illinois Uniform Conviction Information Act, and

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1 the Gun Trafficking Information Act, or establish or
2 maintain record management systems necessary to conduct
3 human trafficking investigations or gun trafficking or
4 other stolen firearm investigations. This paragraph (21)
5 applies to contracts entered into on or after January 10,
6 2023 (the effective date of Public Act 102-1116) and the
7 renewal of contracts that are in effect on January 10,
8 2023 (the effective date of Public Act 102-1116).
9        (22) Contracts for project management services and
10 system integration services required for the completion of
11 the State's enterprise resource planning project. This
12 exemption becomes inoperative 5 years after June 7, 2023
13 (the effective date of the changes made to this Section by
14 Public Act 103-8). This paragraph (22) applies to
15 contracts entered into on or after June 7, 2023 (the
16 effective date of the changes made to this Section by
17 Public Act 103-8) and the renewal of contracts that are in
18 effect on June 7, 2023 (the effective date of the changes
19 made to this Section by Public Act 103-8).
20        (23) Procurements necessary for the Department of
21 Insurance to implement the Illinois Health Benefits
22 Exchange Law if the Department of Insurance has made a
23 good faith determination that it is necessary and
24 appropriate for the expenditure to fall within this
25 exemption. The procurement process shall be conducted in a
26 manner substantially in accordance with the requirements

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1 of Sections 20-160 and 25-60 and Article 50 of this Code. A
2 copy of these contracts shall be made available to the
3 Chief Procurement Officer immediately upon request. This
4 paragraph is inoperative 5 years after June 27, 2023 (the
5 effective date of Public Act 103-103).
6        (24) Contracts for public education programming,
7 noncommercial sustaining announcements, public service
8 announcements, and public awareness and education
9 messaging with the nonprofit trade associations of the
10 providers of those services that inform the public on
11 immediate and ongoing health and safety risks and hazards.
12        (25) Procurements necessary for the Department of
13 Early Childhood to implement the Department of Early
14 Childhood Act if the Department has made a good faith
15 determination that it is necessary and appropriate for the
16 expenditure to fall within this exemption. This exemption
17 shall only be used for products and services procured
18 solely for use by the Department of Early Childhood. The
19 procurements may include those necessary to design and
20 build integrated, operational systems of programs and
21 services. The procurements may include, but are not
22 limited to, those necessary to align and update program
23 standards, integrate funding systems, design and establish
24 data and reporting systems, align and update models for
25 technical assistance and professional development, design
26 systems to manage grants and ensure compliance, design and

10400HB1075sam003- 119 -LRB104 03072 JDS 27160 a
1 implement management and operational structures, and
2 establish new means of engaging with families, educators,
3 providers, and stakeholders. The procurement processes
4 shall be conducted in a manner substantially in accordance
5 with the requirements of Article 50 (ethics) and Sections
6 5-5 (Procurement Policy Board), 5-7 (Commission on Equity
7 and Inclusion), 20-80 (contract files), 20-120
8 (subcontractors), 20-155 (paperwork), 20-160
9 (ethics/campaign contribution prohibitions), 25-60
10 (prevailing wage), and 25-90 (prohibited and authorized
11 cybersecurity) of this Code. Beginning January 1, 2025,
12 the Department of Early Childhood shall provide a
13 quarterly report to the General Assembly detailing a list
14 of expenditures and contracts for which the Department
15 uses this exemption. This paragraph is inoperative on and
16 after July 1, 2027.
17        (26) (25) Procurements that are necessary for
18 increasing the recruitment and retention of State
19 employees, particularly minority candidates for
20 employment, including:
21            (A) procurements related to registration fees for
22 job fairs and other outreach and recruitment events;
23            (B) production of recruitment materials; and
24            (C) other services related to recruitment and
25 retention of State employees.
26        The exemption under this paragraph (26) (25) applies

10400HB1075sam003- 120 -LRB104 03072 JDS 27160 a
1 only if the State agency has made a good faith
2 determination that it is necessary and appropriate for the
3 expenditure to fall within this paragraph (26) (25). The
4 procurement process under this paragraph (26) (25) shall
5 be conducted in a manner substantially in accordance with
6 the requirements of Sections 20-160 and 25-60 and Article
7 50 of this Code. A copy of these contracts shall be made
8 available to the Chief Procurement Officer immediately
9 upon request. Nothing in this paragraph (26) (25)    
10 authorizes the replacement or diminishment of State
11 responsibilities in hiring or the positions that
12 effectuate that hiring. This paragraph (26) (25) is
13 inoperative on and after June 30, 2029.
14        (27) Procurements necessary for the Department of
15 Healthcare and Family Services to implement changes to the
16 State's Integrated Eligibility System to ensure the
17 system's compliance with federal implementation mandates
18 and deadlines, if the Department of Healthcare and Family
19 Services has made a good faith determination that it is
20 necessary and appropriate for the procurement to fall
21 within this exemption.    
22    Notwithstanding any other provision of law, for contracts
23with an annual value of more than $100,000 entered into on or
24after October 1, 2017 under an exemption provided in any
25paragraph of this subsection (b), except paragraph (1), (2),
26or (5), each State agency shall post to the appropriate

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1procurement bulletin the name of the contractor, a description
2of the supply or service provided, the total amount of the
3contract, the term of the contract, and the exception to the
4Code utilized. The chief procurement officer shall submit a
5report to the Governor and General Assembly no later than
6November 1 of each year that shall include, at a minimum, an
7annual summary of the monthly information reported to the
8chief procurement officer.
9    (c) This Code does not apply to the electric power
10procurement process provided for under Section 1-75 of the
11Illinois Power Agency Act and Section 16-111.5 of the Public
12Utilities Act. This Code does not apply to the procurement of
13technical and policy experts pursuant to Section 1-129 of the
14Illinois Power Agency Act.
15    (d) Except for Section 20-160 and Article 50 of this Code,
16and as expressly required by Section 9.1 of the Illinois
17Lottery Law, the provisions of this Code do not apply to the
18procurement process provided for under Section 9.1 of the
19Illinois Lottery Law.
20    (e) This Code does not apply to the process used by the
21Capital Development Board to retain a person or entity to
22assist the Capital Development Board with its duties related
23to the determination of costs of a clean coal SNG brownfield
24facility, as defined by Section 1-10 of the Illinois Power
25Agency Act, as required in subsection (h-3) of Section 9-220
26of the Public Utilities Act, including calculating the range

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1of capital costs, the range of operating and maintenance
2costs, or the sequestration costs or monitoring the
3construction of clean coal SNG brownfield facility for the
4full duration of construction.
5    (f) (Blank).
6    (g) (Blank).
7    (h) This Code does not apply to the process to procure or
8contracts entered into in accordance with Sections 11-5.2 and
911-5.3 of the Illinois Public Aid Code.
10    (i) Each chief procurement officer may access records
11necessary to review whether a contract, purchase, or other
12expenditure is or is not subject to the provisions of this
13Code, unless such records would be subject to attorney-client
14privilege.
15    (j) This Code does not apply to the process used by the
16Capital Development Board to retain an artist or work or works
17of art as required in Section 14 of the Capital Development
18Board Act.
19    (k) This Code does not apply to the process to procure
20contracts, or contracts entered into, by the State Board of
21Elections or the State Electoral Board for hearing officers
22appointed pursuant to the Election Code.
23    (l) This Code does not apply to the processes used by the
24Illinois Student Assistance Commission to procure supplies and
25services paid for from the private funds of the Illinois
26Prepaid Tuition Fund. As used in this subsection (l), "private

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1funds" means funds derived from deposits paid into the
2Illinois Prepaid Tuition Trust Fund and the earnings thereon.
3    (m) This Code shall apply regardless of the source of
4funds with which contracts are paid, including federal
5assistance moneys. Except as specifically provided in this
6Code, this Code shall not apply to procurement expenditures
7necessary for the Department of Public Health to conduct the
8Healthy Illinois Survey in accordance with Section 2310-431 of
9the Department of Public Health Powers and Duties Law of the
10Civil Administrative Code of Illinois.
11(Source: P.A. 102-175, eff. 7-29-21; 102-483, eff 1-1-22;
12102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, eff.
139-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
14102-1116, eff. 1-10-23; 103-8, eff. 6-7-23; 103-103, eff.
156-27-23; 103-570, eff. 1-1-24; 103-580, eff. 12-8-23; 103-594,
16eff. 6-25-24; 103-605, eff. 7-1-24; 103-865, eff. 1-1-25;
17revised 11-26-24.)
18    (30 ILCS 500/1-15.15)
19    Sec. 1-15.15. Chief Procurement Officer. "Chief
20Procurement Officer" means any of the 4 persons appointed or
21approved by a majority of the members of the Executive Ethics
22Commission:
23        (1) for procurements for (i) construction and
24 construction-related services committed by law to the
25 jurisdiction or responsibility of the Capital Development

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1 Board or (ii) construction-related services committed by
2 law to the jurisdiction or responsibility of the
3 Department of Central Management Services under Section
4 405-217 of the Department of Central Management Services
5 Law of the Civil Administrative Code of Illinois and other
6 related provisions of this amendatory Act of the 104th
7 General Assembly, the independent chief procurement
8 officer appointed by a majority of the members of the
9 Executive Ethics Commission.
10        (2) for procurements for all construction,
11 construction-related services, operation of any facility,
12 and the provision of any construction or
13 construction-related service or activity committed by law
14 to the jurisdiction or responsibility of the Illinois
15 Department of Transportation, including the direct or
16 reimbursable expenditure of all federal funds for which
17 the Department of Transportation is responsible or
18 accountable for the use thereof in accordance with federal
19 law, regulation, or procedure, the independent chief
20 procurement officer appointed by the Secretary of
21 Transportation with the consent of the majority of the
22 members of the Executive Ethics Commission.
23        (3) for all procurements made by a public institution
24 of higher education, the independent chief procurement
25 officer appointed by a majority of the members of the
26 Executive Ethics Commission.

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1        (4) (Blank).
2        (5) for all other procurements, the independent chief
3 procurement officer appointed by a majority of the members
4 of the Executive Ethics Commission.
5(Source: P.A. 95-481, eff. 8-28-07; 96-795, eff. 7-1-10 (see
6Section 5 of P.A. 96-793 for the effective date of changes made
7by P.A. 96-795); 96-920, eff. 7-1-10.)
8    (30 ILCS 500/10-20)
9    (Text of Section from P.A. 103-588)
10    Sec. 10-20. Independent chief procurement officers.
11    (a) Appointment. Within 60 calendar days after July 1,
122010 (the effective date of Public Act 96-795), the Executive
13Ethics Commission, with the advice and consent of the Senate
14shall appoint or approve 4 chief procurement officers, one for
15each of the following categories:
16        (1) for procurements for (i) construction and
17 construction-related services committed by law to the
18 jurisdiction or responsibility of the Capital Development
19 Board or (ii) construction-related services committed by
20 law to the jurisdiction or responsibility of the
21 Department for Central Management Services under Section
22 405-217 of the Department of Central Management Services
23 Law of the Civil Administrative Code of Illinois and other
24 related provisions of this amendatory Act of the 104th
25 General Assembly;

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1        (2) for procurements for all construction,
2 construction-related services, operation of any facility,
3 and the provision of any service or activity committed by
4 law to the jurisdiction or responsibility of the Illinois
5 Department of Transportation, including the direct or
6 reimbursable expenditure of all federal funds for which
7 the Department of Transportation is responsible or
8 accountable for the use thereof in accordance with federal
9 law, regulation, or procedure, the chief procurement
10 officer recommended for approval under this item appointed
11 by the Secretary of Transportation after consent by the
12 Executive Ethics Commission;
13        (3) for all procurements made by a public institution
14 of higher education; and
15        (4) for all other procurement needs of State agencies.
16    For fiscal years 2024, and 2025, and 2026, the Executive
17Ethics Commission shall set aside from its appropriation those
18amounts necessary for the use of the 4 chief procurement
19officers for the ordinary and contingent expenses of their
20respective procurement offices. From the amounts set aside by
21the Commission, each chief procurement officer shall control
22the internal operations of his or her procurement office and
23shall procure the necessary equipment, materials, and services
24to perform the duties of that office, including hiring
25necessary procurement personnel, legal advisors, and other
26employees, and may establish, in the exercise of the chief

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1procurement officer's discretion, the compensation of the
2office's employees, which includes the State purchasing
3officers and any legal advisors. The Executive Ethics
4Commission shall have no control over the employees of the
5chief procurement officers. The Executive Ethics Commission
6shall provide administrative support services, including
7payroll, for each procurement office.
8    (b) Terms and independence. Each chief procurement officer
9appointed under this Section shall serve for a term of 5 years
10beginning on the date of the officer's appointment. The chief
11procurement officer may be removed for cause after a hearing
12by the Executive Ethics Commission. The Governor or the
13director of a State agency directly responsible to the
14Governor may institute a complaint against the officer by
15filing such complaint with the Commission. The Commission
16shall have a hearing based on the complaint. The officer and
17the complainant shall receive reasonable notice of the hearing
18and shall be permitted to present their respective arguments
19on the complaint. After the hearing, the Commission shall make
20a finding on the complaint and may take disciplinary action,
21including, but not limited to, removal of the officer.
22    The salary of a chief procurement officer shall be
23established by the Executive Ethics Commission and may not be
24diminished during the officer's term. The salary may not
25exceed the salary of the director of a State agency for which
26the officer serves as chief procurement officer.

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1    (c) Qualifications. In addition to any other requirement
2or qualification required by State law, each chief procurement
3officer must within 12 months of employment be a Certified
4Professional Public Buyer or a Certified Public Purchasing
5Officer, pursuant to certification by the Universal Public
6Purchasing Certification Council, and must reside in Illinois.
7    (d) Fiduciary duty. Each chief procurement officer owes a
8fiduciary duty to the State.
9    (e) Vacancy. In case of a vacancy in one or more of the
10offices of a chief procurement officer under this Section
11during the recess of the Senate, the Executive Ethics
12Commission shall make a temporary appointment until the next
13meeting of the Senate, when the Executive Ethics Commission
14shall nominate some person to fill the office, and any person
15so nominated who is confirmed by the Senate shall hold office
16during the remainder of the term and until his or her successor
17is appointed and qualified. If the Senate is not in session at
18the time Public Act 96-920 takes effect, the Executive Ethics
19Commission shall make a temporary appointment as in the case
20of a vacancy.
21    (f) (Blank).
22    (g) (Blank).
23(Source: P.A. 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
24    (Text of Section from P.A. 103-605)
25    Sec. 10-20. Independent chief procurement officers.

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1    (a) Appointment. Within 60 calendar days after July 1,
22010 (the effective date of Public Act 96-795), the Executive
3Ethics Commission, with the advice and consent of the Senate
4shall appoint or approve 4 chief procurement officers, one for
5each of the following categories:
6        (1) for procurements for (i) construction and
7 construction-related services committed by law to the
8 jurisdiction or responsibility of the Capital Development
9 Board or (ii) construction-related services committed by
10 law to the jurisdiction or responsibility of the
11 Department for Central Management Services under Section
12 405-217 of the Department of Central Management Services
13 Law of the Civil Administrative Code of Illinois and other
14 related provisions of this amendatory Act of the 104th
15 General Assembly;
16        (2) for procurements for all construction,
17 construction-related services, operation of any facility,
18 and the provision of any service or activity committed by
19 law to the jurisdiction or responsibility of the Illinois
20 Department of Transportation, including the direct or
21 reimbursable expenditure of all federal funds for which
22 the Department of Transportation is responsible or
23 accountable for the use thereof in accordance with federal
24 law, regulation, or procedure, the chief procurement
25 officer recommended for approval under this item appointed
26 by the Secretary of Transportation after consent by the

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1 Executive Ethics Commission;
2        (3) for all procurements made by a public institution
3 of higher education; and
4        (4) for all other procurement needs of State agencies.
5    For fiscal years year 2024, 2025, and 2026, the Executive
6Ethics Commission shall set aside from its appropriation those
7amounts necessary for the use of the 4 chief procurement
8officers for the ordinary and contingent expenses of their
9respective procurement offices. From the amounts set aside by
10the Commission, each chief procurement officer shall control
11the internal operations of his or her procurement office and
12shall procure the necessary equipment, materials, and services
13to perform the duties of that office, including hiring
14necessary procurement personnel, legal advisors, and other
15employees, and may establish, in the exercise of the chief
16procurement officer's discretion, the compensation of the
17office's employees, which includes the State purchasing
18officers and any legal advisors. The Executive Ethics
19Commission shall have no control over the employees of the
20chief procurement officers. The Executive Ethics Commission
21shall provide administrative support services, including
22payroll, for each procurement office.
23    (b) Terms and independence. Each chief procurement officer
24appointed under this Section shall serve for a term of 5 years
25beginning on the date of the officer's appointment. The chief
26procurement officer may be removed for cause after a hearing

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1by the Executive Ethics Commission. The Governor or the
2director of a State agency directly responsible to the
3Governor may institute a complaint against the officer by
4filing such complaint with the Commission. The Commission
5shall have a hearing based on the complaint. The officer and
6the complainant shall receive reasonable notice of the hearing
7and shall be permitted to present their respective arguments
8on the complaint. After the hearing, the Commission shall make
9a finding on the complaint and may take disciplinary action,
10including, but not limited to, removal of the officer.
11    The salary of a chief procurement officer shall be
12established by the Executive Ethics Commission and may not be
13diminished during the officer's term. The salary may not
14exceed the salary of the director of a State agency for which
15the officer serves as chief procurement officer.
16    (c) Qualifications. In addition to any other requirement
17or qualification required by State law, each chief procurement
18officer must within 12 months of employment be a Certified
19Professional Public Buyer or a Certified Public Purchasing
20Officer, pursuant to certification by the Universal Public
21Purchasing Certification Council, and must reside in Illinois.
22    (d) Fiduciary duty. Each chief procurement officer owes a
23fiduciary duty to the State.
24    (e) Vacancy. In case of a vacancy in one or more of the
25offices of a chief procurement officer under this Section
26during the recess of the Senate, the Executive Ethics

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1Commission shall make a temporary appointment until the next
2meeting of the Senate, when the Executive Ethics Commission
3shall nominate some person to fill the office, and any person
4so nominated who is confirmed by the Senate shall hold office
5during the remainder of the term and until his or her successor
6is appointed and qualified. If the Senate is not in session at
7the time Public Act 96-920 takes effect, the Executive Ethics
8Commission shall make a temporary appointment as in the case
9of a vacancy.
10    (f) (Blank).
11    (g) (Blank).
12(Source: P.A. 103-8, eff. 6-7-23; 103-605, eff. 7-1-24.)
13    (Text of Section from P.A. 103-865)
14    Sec. 10-20. Independent chief procurement officers.
15    (a) Appointment. Within 60 calendar days after July 1,
162010 (the effective date of Public Act 96-795), the Executive
17Ethics Commission, with the advice and consent of the Senate
18shall appoint or approve 4 chief procurement officers, one for
19each of the following categories:
20        (1) for procurements for (i) construction and
21 construction-related services committed by law to the
22 jurisdiction or responsibility of the Capital Development
23 Board or (ii) construction-related services committed by
24 law to the jurisdiction or responsibility of the
25 Department for Central Management Services under Section

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1 405-217 of the Department of Central Management Services
2 Law of the Civil Administrative Code of Illinois and other
3 related provisions of this amendatory Act of the 104th
4 General Assembly;
5        (2) for procurements for all construction,
6 construction-related services, operation of any facility,
7 and the provision of any service or activity committed by
8 law to the jurisdiction or responsibility of the Illinois
9 Department of Transportation, including the direct or
10 reimbursable expenditure of all federal funds for which
11 the Department of Transportation is responsible or
12 accountable for the use thereof in accordance with federal
13 law, regulation, or procedure, the chief procurement
14 officer recommended for approval under this item appointed
15 by the Secretary of Transportation after consent by the
16 Executive Ethics Commission;
17        (3) for all procurements made by a public institution
18 of higher education; and
19        (4) for all other procurement needs of State agencies.
20    For fiscal years 2024, 2025, and 2026, the The Executive
21Ethics Commission shall set aside from its appropriation those
22amounts necessary for the use of the 4 chief procurement
23officers for the ordinary and contingent expenses of their
24respective procurement offices. From the amounts set aside by
25the Commission, each chief procurement officer shall control
26the internal operations of his or her procurement office and

10400HB1075sam003- 134 -LRB104 03072 JDS 27160 a
1shall procure the necessary equipment, materials, and services
2to perform the duties of that office, including hiring
3necessary procurement personnel, legal advisors, and other
4employees, and may establish, in the exercise of the chief
5procurement officer's discretion, the compensation of the
6office's employees, which includes the State purchasing
7officers and any legal advisors. The Executive Ethics
8Commission shall have no control over the employees of the
9chief procurement officers. The Executive Ethics Commission
10shall provide administrative support services, including
11payroll, for each procurement office.
12    (b) Terms and independence. Each chief procurement officer
13appointed under this Section shall serve for a term of 5 years
14beginning on the date of the officer's appointment. The chief
15procurement officer may be removed for cause after a hearing
16by the Executive Ethics Commission. The Governor or the
17director of a State agency directly responsible to the
18Governor may institute a complaint against the officer by
19filing such complaint with the Commission. The Commission
20shall have a hearing based on the complaint. The officer and
21the complainant shall receive reasonable notice of the hearing
22and shall be permitted to present their respective arguments
23on the complaint. After the hearing, the Commission shall make
24a finding on the complaint and may take disciplinary action,
25including, but not limited to, removal of the officer.
26    The salary of a chief procurement officer shall be

10400HB1075sam003- 135 -LRB104 03072 JDS 27160 a
1established by the Executive Ethics Commission and may not be
2diminished during the officer's term. The salary may not
3exceed the salary of the director of a State agency for which
4the officer serves as chief procurement officer.
5    (c) Qualifications. In addition to any other requirement
6or qualification required by State law, each chief procurement
7officer must within 12 months of employment be a Certified
8Professional Public Buyer or a Certified Public Purchasing
9Officer, pursuant to certification by the Universal Public
10Purchasing Certification Council, and must reside in Illinois.
11    (d) Fiduciary duty. Each chief procurement officer owes a
12fiduciary duty to the State.
13    (e) Vacancy. In case of a vacancy in one or more of the
14offices of a chief procurement officer under this Section
15during the recess of the Senate, the Executive Ethics
16Commission shall make a temporary appointment until the next
17meeting of the Senate, when the Executive Ethics Commission
18shall nominate some person to fill the office, and any person
19so nominated who is confirmed by the Senate shall hold office
20during the remainder of the term and until his or her successor
21is appointed and qualified. If the Senate is not in session at
22the time Public Act 96-920 takes effect, the Executive Ethics
23Commission shall make a temporary appointment as in the case
24of a vacancy.
25    (f) (Blank).
26    (g) (Blank).

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1(Source: P.A. 103-8, eff. 6-7-23; 103-865, eff. 1-1-25.)
2    Section 5-45. The Design-Build Procurement Act is amended
3by changing Sections 10 and 90 as follows:
4    (30 ILCS 537/10)
5    (Section scheduled to be repealed on January 1, 2026)
6    Sec. 10. Definitions. As used in this Act:
7    "State construction agency" means the Capital Development
8Board or, in the case of a design-build procurement for a
9public institution of higher education, the public institution
10of higher education, or, in the case of a design-build
11procurement by the Department of Central Management Services
12in accordance with Section 405-217 of the Department of
13Central Management Services Law of the Civil Administrative
14Code of Illinois, the Department of Central Management
15Services.
16    "Delivery system" means the design and construction
17approach used to develop and construct a project.
18    "Design-bid-build" means the traditional delivery system
19used on public projects in this State that incorporates the
20Architectural, Engineering, and Land Surveying Qualification
21Based Selection Act (30 ILCS 535/) and the principles of
22competitive selection in the Illinois Procurement Code (30
23ILCS 500/).
24    "Design-build" means a delivery system that provides

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1responsibility within a single contract for the furnishing of
2architecture, engineering, land surveying and related services
3as required, and the labor, materials, equipment, and other
4construction services for the project.
5    "Design-build contract" means a contract for a public
6project under this Act between the State construction agency
7and a design-build entity to furnish architecture,
8engineering, land surveying, and related services as required,
9and to furnish the labor, materials, equipment, and other
10construction services for the project. The design-build
11contract may be conditioned upon subsequent refinements in
12scope and price and may allow the State construction agency to
13make modifications in the project scope without invalidating
14the design-build contract.
15    "Design-build entity" means any individual, sole
16proprietorship, firm, partnership, joint venture, corporation,
17professional corporation, or other entity that proposes to
18design and construct any public project under this Act. A
19design-build entity and associated design-build professionals
20shall conduct themselves in accordance with the laws of this
21State and the related provisions of the Illinois
22Administrative Code, as referenced by the licensed design
23professionals Acts of this State.
24    "Design professional" means any individual, sole
25proprietorship, firm, partnership, joint venture, corporation,
26professional corporation, or other entity that offers services

10400HB1075sam003- 138 -LRB104 03072 JDS 27160 a
1under the Illinois Architecture Practice Act of 1989 (225 ILCS
2305/), the Professional Engineering Practice Act of 1989 (225
3ILCS 325/), the Structural Engineering Licensing Act of 1989
4(225 ILCS 340/), or the Illinois Professional Land Surveyor
5Act of 1989 (225 ILCS 330/).
6    "Evaluation criteria" means the requirements for the
7separate phases of the selection process as defined in this
8Act and may include the specialized experience, technical
9qualifications and competence, capacity to perform, past
10performance, experience with similar projects, assignment of
11personnel to the project, and other appropriate factors. Price
12may not be used as a factor in the evaluation of Phase I
13proposals.
14    "Proposal" means the offer to enter into a design-build
15contract as submitted by a design-build entity in accordance
16with this Act.
17    "Public institution of higher education" has the meaning
18ascribed in subsection (f) of Section 1-13 of the Illinois
19Procurement Code.
20    "Request for proposal" means the document used by the
21State construction agency to solicit proposals for a
22design-build contract.
23    "Scope and performance criteria" means the requirements
24for the public project, including, but not limited to, the
25intended usage, capacity, size, scope, quality and performance
26standards, life-cycle costs, and other programmatic criteria

10400HB1075sam003- 139 -LRB104 03072 JDS 27160 a
1that are expressed in performance-oriented and quantifiable
2specifications and drawings that can be reasonably inferred
3and are suited to allow a design-build entity to develop a
4proposal.
5(Source: P.A. 102-1119, eff. 1-23-23.)
6    (30 ILCS 537/90)
7    (Section scheduled to be repealed on January 1, 2026)
8    Sec. 90. Repealer. This Act is repealed on January 1, 2027    
92026.
10(Source: P.A. 102-1016, eff. 5-27-22; 102-1119, eff. 1-23-23.)
11    Section 5-50. The Illinois Grant Funds Recovery Act is
12amended by changing Section 5 as follows:
13    (30 ILCS 705/5)    (from Ch. 127, par. 2305)
14    Sec. 5. Time limit on expenditure of grant funds. Subject
15to the restriction of Section 35 of the State Finance Act, no
16grant funds may be made available for expenditure by a grantee
17for a period longer than 2 years, except where such grant funds
18are disbursed in reimbursement of costs previously incurred by
19the grantee and except as otherwise provided in subsection (d)
20of Section 5-200 of the School Construction Law and in
21subsections subsection (b) and (c) of Section 80-45 of the
22Department of Human Services Act. Any grant funds not expended
23or legally obligated by the end of the grant agreement, or

10400HB1075sam003- 140 -LRB104 03072 JDS 27160 a
1during the time limitation to grant fund expenditures set
2forth in this Section, must be returned to the grantor agency
3within 45 days, if the funds are not already on deposit with
4the grantor agency or the State Treasurer. Such returned funds
5shall be deposited into the fund from which the original grant
6disbursement to the grantee was made.
7(Source: P.A. 103-8, eff. 7-1-23.)
8    Section 5-55. The Private Colleges and Universities
9Capital Distribution Formula Act is amended by changing
10Section 25-15 as follows:
11    (30 ILCS 769/25-15)
12    Sec. 25-15. Transfer of funds to another independent
13college.    
14    (a) If an institution received a grant under this Article
15and subsequently fails to meet the definition of "independent
16college", the remaining funds shall be redistributed    
17re-distributed as provided in Section 25-10 to those
18institutions that have an active grant under this Article,
19unless the campus or facilities for which the grant was given
20are subsequently operated by another institution that
21qualifies as an independent college under this Article.
22    (b) If the facilities of a former independent college are
23operated by another entity that qualifies as an independent
24college as provided in subsection (a) of this Section, then

10400HB1075sam003- 141 -LRB104 03072 JDS 27160 a
1the entire balance of the grant provided under this Article
2remaining on the date the former independent college ceased
3operations, including any amount that had been withheld after
4the former independent college ceased operations, shall be
5transferred to the successor independent college for the
6purpose of the grant for the duration of the grant.
7    (c) In the event that, on or before July 16, 2014 (the
8effective date of Public Act 98-715), the remaining funds have
9been re-allocated or redistributed re-distributed to other
10independent colleges, or the Illinois Board of Higher
11Education has planned for the remaining funds to be
12re-allocated or redistributed re-distributed to other
13independent colleges, before the 5-year period provided under
14this Act for the utilization of funds has ended, any funds so
15re-allocated or redistributed re-distributed shall be deducted
16from future allocations to those other independent colleges
17and re-allocated or redistributed re-distributed to the
18initial institution or the successor entity operating the
19facilities of the original institution if: (i) the institution
20that failed to meet the definition of "independent college"
21once again meets the definition of "independent college"
22before the 5-year period has expired; or (ii) the facility or
23facilities of the former independent college are operated by
24another entity that qualifies as an independent college before
25the 5-year period has expired.
26    (d) Notwithstanding subsection (a) of this Section, on or

10400HB1075sam003- 142 -LRB104 03072 JDS 27160 a
1after June 7, 2023 (the effective date of the changes made to
2this Section by Public Act 103-8) this amendatory Act of the
3103rd General Assembly, remaining funds returned to the State
4by an institution that failed to meet the definition of
5"independent college" and that received a grant from
6appropriations enacted prior to June 28, 2019, shall not be
7redistributed re-distributed. Any such funds shall instead be
8added to the funds made available in the first grant cycle
9under subsection (d) of Section 25-10 by the Board of Higher
10Education following June 7, 2023 (the effective date of the
11changes made to this Section by Public Act 103-8) this
12amendatory Act of the 103rd General Assembly and shall be
13distributed pursuant to the formula as provided in subsection
14(d) of Section 25-10.
15    (d-5) Notwithstanding subsection (a) of this Section, on
16and after the effective date of the changes made to this
17Section by this amendatory Act of the 104th General Assembly,
18remaining funds returned to the State by an institution that
19failed to meet the definition of "independent college" shall
20not be redistributed.    
21(Source: P.A. 103-8, eff. 6-7-23.)
22    Section 5-60. The Illinois Income Tax Act is amended by
23changing Section 901 as follows:
24    (35 ILCS 5/901)

10400HB1075sam003- 143 -LRB104 03072 JDS 27160 a
1    Sec. 901. Collection authority.
2    (a) In general. The Department shall collect the taxes
3imposed by this Act. The Department shall collect certified
4past due child support amounts under Section 2505-650 of the
5Department of Revenue Law of the Civil Administrative Code of
6Illinois. Except as provided in subsections (b), (c), (e),
7(f), (g), and (h) of this Section, money collected pursuant to
8subsections (a) and (b) of Section 201 of this Act shall be
9paid into the General Revenue Fund in the State treasury;
10money collected pursuant to subsections (c) and (d) of Section
11201 of this Act shall be paid into the Personal Property Tax
12Replacement Fund, a special fund in the State Treasury; and
13money collected under Section 2505-650 of the Department of
14Revenue Law of the Civil Administrative Code of Illinois shall
15be paid into the Child Support Enforcement Trust Fund, a
16special fund outside the State Treasury, or to the State
17Disbursement Unit established under Section 10-26 of the
18Illinois Public Aid Code, as directed by the Department of
19Healthcare and Family Services.
20    (b) Local Government Distributive Fund. Beginning August
211, 2017 and continuing through July 31, 2022, the Treasurer
22shall transfer each month from the General Revenue Fund to the
23Local Government Distributive Fund an amount equal to the sum
24of: (i) 6.06% (10% of the ratio of the 3% individual income tax
25rate prior to 2011 to the 4.95% individual income tax rate
26after July 1, 2017) of the net revenue realized from the tax

10400HB1075sam003- 144 -LRB104 03072 JDS 27160 a
1imposed by subsections (a) and (b) of Section 201 of this Act
2upon individuals, trusts, and estates during the preceding
3month; (ii) 6.85% (10% of the ratio of the 4.8% corporate
4income tax rate prior to 2011 to the 7% corporate income tax
5rate after July 1, 2017) of the net revenue realized from the
6tax imposed by subsections (a) and (b) of Section 201 of this
7Act upon corporations during the preceding month; and (iii)
8beginning February 1, 2022, 6.06% of the net revenue realized
9from the tax imposed by subsection (p) of Section 201 of this
10Act upon electing pass-through entities. Beginning August 1,
112022 and continuing through July 31, 2023, the Treasurer shall
12transfer each month from the General Revenue Fund to the Local
13Government Distributive Fund an amount equal to the sum of:
14(i) 6.16% of the net revenue realized from the tax imposed by
15subsections (a) and (b) of Section 201 of this Act upon
16individuals, trusts, and estates during the preceding month;
17(ii) 6.85% of the net revenue realized from the tax imposed by
18subsections (a) and (b) of Section 201 of this Act upon
19corporations during the preceding month; and (iii) 6.16% of
20the net revenue realized from the tax imposed by subsection
21(p) of Section 201 of this Act upon electing pass-through
22entities. Beginning August 1, 2023, the Treasurer shall
23transfer each month from the General Revenue Fund to the Local
24Government Distributive Fund an amount equal to the sum of:
25(i) 6.47% of the net revenue realized from the tax imposed by
26subsections (a) and (b) of Section 201 of this Act upon

10400HB1075sam003- 145 -LRB104 03072 JDS 27160 a
1individuals, trusts, and estates during the preceding month;
2(ii) 6.85% of the net revenue realized from the tax imposed by
3subsections (a) and (b) of Section 201 of this Act upon
4corporations during the preceding month; and (iii) 6.47% of
5the net revenue realized from the tax imposed by subsection
6(p) of Section 201 of this Act upon electing pass-through
7entities. Net revenue realized for a month shall be defined as
8the revenue from the tax imposed by subsections (a) and (b) of
9Section 201 of this Act which is deposited into the General
10Revenue Fund, the Education Assistance Fund, the Income Tax
11Surcharge Local Government Distributive Fund, the Fund for the
12Advancement of Education, and the Commitment to Human Services
13Fund during the month minus the amount paid out of the General
14Revenue Fund in State warrants during that same month as
15refunds to taxpayers for overpayment of liability under the
16tax imposed by subsections (a) and (b) of Section 201 of this
17Act.
18    Notwithstanding any provision of law to the contrary,
19beginning on July 6, 2017 (the effective date of Public Act
20100-23), those amounts required under this subsection (b) to
21be transferred by the Treasurer into the Local Government
22Distributive Fund from the General Revenue Fund shall be
23directly deposited into the Local Government Distributive Fund
24as the revenue is realized from the tax imposed by subsections
25(a) and (b) of Section 201 of this Act.
26    (c) Deposits Into Income Tax Refund Fund.

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1        (1) Beginning on January 1, 1989 and thereafter, the
2 Department shall deposit a percentage of the amounts
3 collected pursuant to subsections (a) and (b)(1), (2), and
4 (3) of Section 201 of this Act into a fund in the State
5 treasury known as the Income Tax Refund Fund. Beginning
6 with State fiscal year 1990 and for each fiscal year
7 thereafter, the percentage deposited into the Income Tax
8 Refund Fund during a fiscal year shall be the Annual
9 Percentage. For fiscal year 2011, the Annual Percentage
10 shall be 8.75%. For fiscal year 2012, the Annual
11 Percentage shall be 8.75%. For fiscal year 2013, the
12 Annual Percentage shall be 9.75%. For fiscal year 2014,
13 the Annual Percentage shall be 9.5%. For fiscal year 2015,
14 the Annual Percentage shall be 10%. For fiscal year 2018,
15 the Annual Percentage shall be 9.8%. For fiscal year 2019,
16 the Annual Percentage shall be 9.7%. For fiscal year 2020,
17 the Annual Percentage shall be 9.5%. For fiscal year 2021,
18 the Annual Percentage shall be 9%. For fiscal year 2022,
19 the Annual Percentage shall be 9.25%. For fiscal year
20 2023, the Annual Percentage shall be 9.25%. For fiscal
21 year 2024, the Annual Percentage shall be 9.15%. For
22 fiscal year 2025, the Annual Percentage shall be 9.15%.
23 For fiscal year 2026, the Annual Percentage shall be
24 9.15%. For all other fiscal years, the Annual Percentage
25 shall be calculated as a fraction, the numerator of which
26 shall be the amount of refunds approved for payment by the

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1 Department during the preceding fiscal year as a result of
2 overpayment of tax liability under subsections (a) and
3 (b)(1), (2), and (3) of Section 201 of this Act plus the
4 amount of such refunds remaining approved but unpaid at
5 the end of the preceding fiscal year, minus the amounts
6 transferred into the Income Tax Refund Fund from the
7 Tobacco Settlement Recovery Fund, and the denominator of
8 which shall be the amounts which will be collected
9 pursuant to subsections (a) and (b)(1), (2), and (3) of
10 Section 201 of this Act during the preceding fiscal year;
11 except that in State fiscal year 2002, the Annual
12 Percentage shall in no event exceed 7.6%. The Director of
13 Revenue shall certify the Annual Percentage to the
14 Comptroller on the last business day of the fiscal year
15 immediately preceding the fiscal year for which it is to
16 be effective.
17        (2) Beginning on January 1, 1989 and thereafter, the
18 Department shall deposit a percentage of the amounts
19 collected pursuant to subsections (a) and (b)(6), (7), and
20 (8), (c) and (d) of Section 201 of this Act into a fund in
21 the State treasury known as the Income Tax Refund Fund.
22 Beginning with State fiscal year 1990 and for each fiscal
23 year thereafter, the percentage deposited into the Income
24 Tax Refund Fund during a fiscal year shall be the Annual
25 Percentage. For fiscal year 2011, the Annual Percentage
26 shall be 17.5%. For fiscal year 2012, the Annual

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1 Percentage shall be 17.5%. For fiscal year 2013, the
2 Annual Percentage shall be 14%. For fiscal year 2014, the
3 Annual Percentage shall be 13.4%. For fiscal year 2015,
4 the Annual Percentage shall be 14%. For fiscal year 2018,
5 the Annual Percentage shall be 17.5%. For fiscal year
6 2019, the Annual Percentage shall be 15.5%. For fiscal
7 year 2020, the Annual Percentage shall be 14.25%. For
8 fiscal year 2021, the Annual Percentage shall be 14%. For
9 fiscal year 2022, the Annual Percentage shall be 15%. For
10 fiscal year 2023, the Annual Percentage shall be 14.5%.
11 For fiscal year 2024, the Annual Percentage shall be 14%.
12 For fiscal year 2025, the Annual Percentage shall be 14%.
13 For fiscal year 2026, the Annual Percentage shall be 14%.    
14 For all other fiscal years, the Annual Percentage shall be
15 calculated as a fraction, the numerator of which shall be
16 the amount of refunds approved for payment by the
17 Department during the preceding fiscal year as a result of
18 overpayment of tax liability under subsections (a) and
19 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
20 Act plus the amount of such refunds remaining approved but
21 unpaid at the end of the preceding fiscal year, and the
22 denominator of which shall be the amounts which will be
23 collected pursuant to subsections (a) and (b)(6), (7), and
24 (8), (c) and (d) of Section 201 of this Act during the
25 preceding fiscal year; except that in State fiscal year
26 2002, the Annual Percentage shall in no event exceed 23%.

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1 The Director of Revenue shall certify the Annual
2 Percentage to the Comptroller on the last business day of
3 the fiscal year immediately preceding the fiscal year for
4 which it is to be effective.
5        (3) The Comptroller shall order transferred and the
6 Treasurer shall transfer from the Tobacco Settlement
7 Recovery Fund to the Income Tax Refund Fund (i)
8 $35,000,000 in January, 2001, (ii) $35,000,000 in January,
9 2002, and (iii) $35,000,000 in January, 2003.
10    (d) Expenditures from Income Tax Refund Fund.
11        (1) Beginning January 1, 1989, money in the Income Tax
12 Refund Fund shall be expended exclusively for the purpose
13 of paying refunds resulting from overpayment of tax
14 liability under Section 201 of this Act and for making
15 transfers pursuant to this subsection (d), except that in
16 State fiscal years 2022 and 2023, moneys in the Income Tax
17 Refund Fund shall also be used to pay one-time rebate
18 payments as provided under Sections 208.5 and 212.1.
19        (2) The Director shall order payment of refunds
20 resulting from overpayment of tax liability under Section
21 201 of this Act from the Income Tax Refund Fund only to the
22 extent that amounts collected pursuant to Section 201 of
23 this Act and transfers pursuant to this subsection (d) and
24 item (3) of subsection (c) have been deposited and
25 retained in the Fund.
26        (3) As soon as possible after the end of each fiscal

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1 year, the Director shall order transferred and the State
2 Treasurer and State Comptroller shall transfer from the
3 Income Tax Refund Fund to the Personal Property Tax
4 Replacement Fund an amount, certified by the Director to
5 the Comptroller, equal to the excess of the amount
6 collected pursuant to subsections (c) and (d) of Section
7 201 of this Act deposited into the Income Tax Refund Fund
8 during the fiscal year over the amount of refunds
9 resulting from overpayment of tax liability under
10 subsections (c) and (d) of Section 201 of this Act paid
11 from the Income Tax Refund Fund during the fiscal year.
12        (4) As soon as possible after the end of each fiscal
13 year, the Director shall order transferred and the State
14 Treasurer and State Comptroller shall transfer from the
15 Personal Property Tax Replacement Fund to the Income Tax
16 Refund Fund an amount, certified by the Director to the
17 Comptroller, equal to the excess of the amount of refunds
18 resulting from overpayment of tax liability under
19 subsections (c) and (d) of Section 201 of this Act paid
20 from the Income Tax Refund Fund during the fiscal year
21 over the amount collected pursuant to subsections (c) and
22 (d) of Section 201 of this Act deposited into the Income
23 Tax Refund Fund during the fiscal year.
24        (4.5) As soon as possible after the end of fiscal year
25 1999 and of each fiscal year thereafter, the Director
26 shall order transferred and the State Treasurer and State

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1 Comptroller shall transfer from the Income Tax Refund Fund
2 to the General Revenue Fund any surplus remaining in the
3 Income Tax Refund Fund as of the end of such fiscal year;
4 excluding for fiscal years 2000, 2001, and 2002 amounts
5 attributable to transfers under item (3) of subsection (c)
6 less refunds resulting from the earned income tax credit,
7 and excluding for fiscal year 2022 amounts attributable to
8 transfers from the General Revenue Fund authorized by
9 Public Act 102-700.
10        (5) This Act shall constitute an irrevocable and
11 continuing appropriation from the Income Tax Refund Fund
12 for the purposes of (i) paying refunds upon the order of
13 the Director in accordance with the provisions of this
14 Section and (ii) paying one-time rebate payments under
15 Sections 208.5 and 212.1.
16    (e) Deposits into the Education Assistance Fund and the
17Income Tax Surcharge Local Government Distributive Fund. On
18July 1, 1991, and thereafter, of the amounts collected
19pursuant to subsections (a) and (b) of Section 201 of this Act,
20minus deposits into the Income Tax Refund Fund, the Department
21shall deposit 7.3% into the Education Assistance Fund in the
22State Treasury. Beginning July 1, 1991, and continuing through
23January 31, 1993, of the amounts collected pursuant to
24subsections (a) and (b) of Section 201 of the Illinois Income
25Tax Act, minus deposits into the Income Tax Refund Fund, the
26Department shall deposit 3.0% into the Income Tax Surcharge

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1Local Government Distributive Fund in the State Treasury.
2Beginning February 1, 1993 and continuing through June 30,
31993, of the amounts collected pursuant to subsections (a) and
4(b) of Section 201 of the Illinois Income Tax Act, minus
5deposits into the Income Tax Refund Fund, the Department shall
6deposit 4.4% into the Income Tax Surcharge Local Government
7Distributive Fund in the State Treasury. Beginning July 1,
81993, and continuing through June 30, 1994, of the amounts
9collected under subsections (a) and (b) of Section 201 of this
10Act, minus deposits into the Income Tax Refund Fund, the
11Department shall deposit 1.475% into the Income Tax Surcharge
12Local Government Distributive Fund in the State Treasury.
13    (f) Deposits into the Fund for the Advancement of
14Education. Beginning February 1, 2015, the Department shall
15deposit the following portions of the revenue realized from
16the tax imposed upon individuals, trusts, and estates by
17subsections (a) and (b) of Section 201 of this Act, minus
18deposits into the Income Tax Refund Fund, into the Fund for the
19Advancement of Education:
20        (1) beginning February 1, 2015, and prior to February
21 1, 2025, 1/30; and
22        (2) beginning February 1, 2025, 1/26.
23    If the rate of tax imposed by subsection (a) and (b) of
24Section 201 is reduced pursuant to Section 201.5 of this Act,
25the Department shall not make the deposits required by this
26subsection (f) on or after the effective date of the

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1reduction.
2    (g) Deposits into the Commitment to Human Services Fund.
3Beginning February 1, 2015, the Department shall deposit the
4following portions of the revenue realized from the tax
5imposed upon individuals, trusts, and estates by subsections
6(a) and (b) of Section 201 of this Act, minus deposits into the
7Income Tax Refund Fund, into the Commitment to Human Services
8Fund:
9        (1) beginning February 1, 2015, and prior to February
10 1, 2025, 1/30; and
11        (2) beginning February 1, 2025, 1/26.
12    If the rate of tax imposed by subsection (a) and (b) of
13Section 201 is reduced pursuant to Section 201.5 of this Act,
14the Department shall not make the deposits required by this
15subsection (g) on or after the effective date of the
16reduction.
17    (h) Deposits into the Tax Compliance and Administration
18Fund. Beginning on the first day of the first calendar month to
19occur on or after August 26, 2014 (the effective date of Public
20Act 98-1098), each month the Department shall pay into the Tax
21Compliance and Administration Fund, to be used, subject to
22appropriation, to fund additional auditors and compliance
23personnel at the Department, an amount equal to 1/12 of 5% of
24the cash receipts collected during the preceding fiscal year
25by the Audit Bureau of the Department from the tax imposed by
26subsections (a), (b), (c), and (d) of Section 201 of this Act,

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1net of deposits into the Income Tax Refund Fund made from those
2cash receipts.
3(Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21;
4102-658, eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff.
54-19-22; 102-813, eff. 5-13-22; 103-8, eff. 6-7-23; 103-154,
6eff. 6-30-23; 103-588, eff. 6-5-24.)
7    Section 5-65. The Property Tax Code is amended by changing
8Section 31-35 as follows:
9    (35 ILCS 200/31-35)
10    Sec. 31-35. Deposit of tax revenue.
11    (a) Beginning on June 6, 2002 (the effective date of
12Public Act 92-536) this amendatory Act of the 92nd General
13Assembly and through June 30, 2003, of the moneys collected
14under Section 31-15, 50% shall be deposited into the Illinois
15Affordable Housing Trust Fund, 20% into the Open Space Lands
16Acquisition and Development Fund, 5% into the Natural Areas
17Acquisition Fund, and 25% into the General Revenue Fund.
18    (b) Beginning July 1, 2003, and through June 30, 2025, of
19the moneys collected under Section 31-15, 50% shall be
20deposited into the Illinois Affordable Housing Trust Fund, 35%
21into the Open Space Lands Acquisition and Development Fund,
22and 15% into the Natural Areas Acquisition Fund.
23    (c) Beginning July 1, 2025, of the moneys collected under
24Section 31-15, the first $300,000 shall be deposited into the

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1Governor's Administrative Fund each fiscal year. After all
2required deposits into the Governor's Administrative Fund have
3been made, the remainder shall be deposited as follows:
4        (1) 50% into the Illinois Affordable Housing Trust
5 Fund;
6        (2) 35% into the Open Space Lands Acquisition and
7 Development Fund; and
8        (3) 15% into the Natural Areas Acquisition Fund.    
9(Source: P.A. 91-555, eff. 1-1-00; 92-536, eff. 6-6-02;
1092-874, eff. 7-1-03.)
11    Section 5-67. The Illinois Police Training Act is amended
12by changing Section 3.2 as follows:
13    (50 ILCS 705/3.2)
14    Sec. 3.2. Statewide PTSD Mental Health Coordinator.
15    (a) There is created under the authority of the Illinois
16Law Enforcement Training Standards Board the Statewide PTSD
17Mental Health Coordinator, appointed by the Governor, by and
18with the advice and consent of the Senate, for a term of 4
19years. The Statewide PTSD Mental Health Coordinator shall
20receive a salary as determined by the Board provided by law and
21is eligible for reappointment. The Statewide PTSD Mental
22Health Coordinator shall be responsible for implementing a
23program of mental health support and education for law
24enforcement officers.

10400HB1075sam003- 156 -LRB104 03072 JDS 27160 a
1    (b) The Statewide PTSD Mental Health Coordinator shall:
2        (1) be an active duty law enforcement officer with an
3 established career in different aspects of law
4 enforcement, including, but not limited to, having
5 experience as both a patrol officer and detective or in
6 both urban and rural settings;
7        (2) have a history of developing and disseminating
8 evidence-based training in mental health and resilience
9 and with a strong working knowledge of the legislative
10 process at the State and local level; and
11        (3) have an established history of working with police
12 administrations and police unions.
13    (c) The Statewide PTSD Mental Health Coordinator shall:
14        (1) cooperate with statewide police academies to
15 introduce police recruits to mental health issues they
16 could face throughout their career in law enforcement;
17        (2) assist in establishing mental health training for
18 law enforcement, including resilience training,
19 trauma-based training, interdepartmental and
20 intradepartmental training, and training for law
21 enforcement families;
22        (3) select medical professionals statewide to
23 establish a reference list that can be utilized by police
24 departments who seek out professionals who offer
25 evidence-based treatment for trauma and have strong
26 working knowledge of the challenges faced by law

10400HB1075sam003- 157 -LRB104 03072 JDS 27160 a
1 enforcement;
2        (4) cooperate with police agencies to establish peer
3 support programs;
4        (5) cooperate with private limited liability companies
5 who train in mental health and wellness to ensure that the
6 company programs are scientifically sound and factual;
7        (6) utilize the State university system to establish
8 training and produce research documentation of training
9 effectiveness; and
10        (7) set standards for continuing education in mental
11 health with an emphasis on meeting the developmental
12 training needs for officers at various stages of their
13 career.
14    (d) The Statewide PTSD Mental Health Coordinator shall
15report to the Board on the development and implementation of
16programs and training for law enforcement officers and shall
17advise the Board and receive advice from the Board on
18direction and training needs for law enforcement agencies that
19vary in size, location, and demographics.
20(Source: P.A. 103-382, eff. 1-1-24.)
21    Section 5-70. The MC/DD Act is amended by changing Section
223-103 as follows:
23    (210 ILCS 46/3-103)
24    Sec. 3-103. Application for license; financial statement.    

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1The procedure for obtaining a valid license shall be as
2follows:
3        (1) Application to operate a facility shall be made to
4 the Department on forms furnished by the Department.
5        (2) All license applications shall be accompanied by    
6 with an application fee. The fee for an annual license
7 shall be $995. Facilities that pay a fee or assessment
8 pursuant to Article V-C of the Illinois Public Aid Code
9 shall be exempt from the license fee imposed under this
10 item (2). The fee for a 2-year license shall be double the
11 fee for the annual license set forth in the preceding
12 sentence. The fees collected shall be deposited with the
13 State Treasurer into the Long Term Care Monitor/Receiver
14 Fund, which has been created as a special fund in the State
15 treasury. This special fund is to be used by the
16 Department for expenses related to the appointment of
17 monitors and receivers as contained in Sections 3-501
18 through 3-517. At the end of each fiscal year, any funds in
19 excess of $1,000,000 held in the Long Term Care
20 Monitor/Receiver Fund shall be deposited in the State's
21 General Revenue Fund. The application shall be under oath
22 and the submission of false or misleading information
23 shall be a Class A misdemeanor. The application shall
24 contain the following information:
25            (a) The name and address of the applicant if an
26 individual, and if a firm, partnership, or

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1 association, of every member thereof, and in the case
2 of a corporation, the name and address thereof and of
3 its officers and its registered agent, and in the case
4 of a unit of local government, the name and address of
5 its chief executive officer;
6            (b) The name and location of the facility for
7 which a license is sought;
8            (c) The name of the person or persons under whose
9 management or supervision the facility will be
10 conducted;
11            (d) The number and type of residents for which
12 maintenance, personal care, or nursing is to be
13 provided; and
14            (e) Such information relating to the number,
15 experience, and training of the employees of the
16 facility, any management agreements for the operation
17 of the facility, and of the moral character of the
18 applicant and employees as the Department may deem
19 necessary.
20        (3) Each initial application shall be accompanied by a
21 financial statement setting forth the financial condition
22 of the applicant and by a statement from the unit of local
23 government having zoning jurisdiction over the facility's
24 location stating that the location of the facility is not
25 in violation of a zoning ordinance. An initial application
26 for a new facility shall be accompanied by a permit as

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1 required by the Illinois Health Facilities Planning Act.
2 After the application is approved, the applicant shall
3 advise the Department every 6 months of any changes in the
4 information originally provided in the application.
5        (4) Other information necessary to determine the
6 identity and qualifications of an applicant to operate a
7 facility in accordance with this Act shall be included in
8 the application as required by the Department in
9 regulations.
10(Source: P.A. 99-180, eff. 7-29-15.)
11    Section 5-75. The ID/DD Community Care Act is amended by
12changing Section 3-103 as follows:
13    (210 ILCS 47/3-103)
14    Sec. 3-103. Application for license; financial statement.    
15The procedure for obtaining a valid license shall be as
16follows:
17        (1) Application to operate a facility shall be made to
18 the Department on forms furnished by the Department.
19        (2) All license applications shall be accompanied by    
20 with an application fee. The fee for an annual license
21 shall be $995. Facilities that pay a fee or assessment
22 pursuant to Article V-C of the Illinois Public Aid Code
23 shall be exempt from the license fee imposed under this
24 item (2). The fee for a 2-year license shall be double the

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1 fee for the annual license set forth in the preceding
2 sentence. The fees collected shall be deposited with the
3 State Treasurer into the Long Term Care Monitor/Receiver
4 Fund, which has been created as a special fund in the State
5 treasury. This special fund is to be used by the
6 Department for expenses related to the appointment of
7 monitors and receivers as contained in Sections 3-501
8 through 3-517. At the end of each fiscal year, any funds in
9 excess of $1,000,000 held in the Long Term Care
10 Monitor/Receiver Fund shall be deposited in the State's
11 General Revenue Fund. The application shall be under oath
12 and the submission of false or misleading information
13 shall be a Class A misdemeanor. The application shall
14 contain the following information:
15            (a) The name and address of the applicant if an
16 individual, and if a firm, partnership, or
17 association, of every member thereof, and in the case
18 of a corporation, the name and address thereof and of
19 its officers and its registered agent, and in the case
20 of a unit of local government, the name and address of
21 its chief executive officer;
22            (b) The name and location of the facility for
23 which a license is sought;
24            (c) The name of the person or persons under whose
25 management or supervision the facility will be
26 conducted;

10400HB1075sam003- 162 -LRB104 03072 JDS 27160 a
1            (d) The number and type of residents for which
2 maintenance, personal care, or nursing is to be
3 provided; and
4            (e) Such information relating to the number,
5 experience, and training of the employees of the
6 facility, any management agreements for the operation
7 of the facility, and of the moral character of the
8 applicant and employees as the Department may deem
9 necessary.
10        (3) Each initial application shall be accompanied by a
11 financial statement setting forth the financial condition
12 of the applicant and by a statement from the unit of local
13 government having zoning jurisdiction over the facility's
14 location stating that the location of the facility is not
15 in violation of a zoning ordinance. An initial application
16 for a new facility shall be accompanied by a permit as
17 required by the Illinois Health Facilities Planning Act.
18 After the application is approved, the applicant shall
19 advise the Department every 6 months of any changes in the
20 information originally provided in the application.
21        (4) Other information necessary to determine the
22 identity and qualifications of an applicant to operate a
23 facility in accordance with this Act shall be included in
24 the application as required by the Department in
25 regulations.
26(Source: P.A. 96-339, eff. 7-1-10.)

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1    Section 5-80. The Illinois Insurance Code is amended by
2changing Section 500-135 as follows:
3    (215 ILCS 5/500-135)
4    (Section scheduled to be repealed on January 1, 2027)
5    Sec. 500-135. Fees.
6    (a) The fees required by this Article are as follows:
7        (1) a fee of $215 for a person who is a resident of
8 Illinois, and $380 for a person who is not a resident of
9 Illinois, payable once every 2 years for an insurance
10 producer license;
11        (2) a fee of $50 for the issuance of a temporary
12 insurance producer license;
13        (3) a fee of $150 payable once every 2 years for a
14 business entity;
15        (4) an annual $50 fee for a limited line producer
16 license issued under items (1) through (8) of subsection
17 (a) of Section 500-100;
18        (5) a $50 application fee for the processing of a
19 request to take the written examination for an insurance
20 producer license;
21        (6) an annual registration fee of $1,000 for
22 registration of an education provider;
23        (7) a certification fee of $50 for each certified
24 pre-licensing or continuing education course and an annual

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1 fee of $20 for renewing the certification of each such
2 course;
3        (8) a fee of $215 for a person who is a resident of
4 Illinois, and $380 for a person who is not a resident of
5 Illinois, payable once every 2 years for a car rental
6 limited line license;
7        (9) a fee of $200 payable once every 2 years for a
8 limited lines license other than the licenses issued under
9 items (1) through (8) of subsection (a) of Section
10 500-100, a car rental limited line license, or a
11 self-service storage facility limited line license;
12        (10) a fee of $50 payable once every 2 years for a
13 self-service storage facility limited line license.
14    (a-5) The Department shall annually transfer Beginning on
15July 1, 2021, an amount equal to the additional amount of
16revenue collected under paragraphs (1) and (8) of subsection
17(a) as a result of the increase in the fees under Public Act
18102-16 from the Insurance Producer Administration Fund to the
19designated funds as follows: this amendatory Act of the 102nd
20General Assembly shall be transferred annually, with    
21        (1) Through June 30, 2025, 10% of that amount paid    
22 into the State Police Law Enforcement Administration Fund
23 and 90% of that amount paid into the Law Enforcement
24 Training Fund; and    
25        (2) Beginning July 1, 2025, 10% into the State Police
26 Law Enforcement Administration Fund, 10% into the State

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1 Police Vehicle Fund, and 80% into the Law Enforcement
2 Training Fund.
3    (b) Except as otherwise provided, all fees paid to and
4collected by the Director under this Section shall be paid
5promptly after receipt thereof, together with a detailed
6statement of such fees, into a special fund in the State
7Treasury to be known as the Insurance Producer Administration
8Fund. The moneys deposited into the Insurance Producer
9Administration Fund may be used only for payment of the
10expenses of the Department in the execution, administration,
11and enforcement of the insurance laws of this State, and shall
12be appropriated as otherwise provided by law for the payment
13of those expenses with first priority being any expenses
14incident to or associated with the administration and
15enforcement of this Article.
16(Source: P.A. 102-16, eff. 6-17-21; 103-609, eff. 7-1-24.)
17    Section 5-85. The Illinois Gambling Act is amended by
18changing Section 13 as follows:
19    (230 ILCS 10/13)    (from Ch. 120, par. 2413)
20    Sec. 13. Wagering tax; rate; distribution.
21    (a) Until January 1, 1998, a tax is imposed on the adjusted
22gross receipts received from gambling games authorized under
23this Act at the rate of 20%.
24    (a-1) From January 1, 1998 until July 1, 2002, a privilege

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1tax is imposed on persons engaged in the business of
2conducting riverboat gambling operations, based on the
3adjusted gross receipts received by a licensed owner from
4gambling games authorized under this Act at the following
5rates:
6        15% of annual adjusted gross receipts up to and
7 including $25,000,000;
8        20% of annual adjusted gross receipts in excess of
9 $25,000,000 but not exceeding $50,000,000;
10        25% of annual adjusted gross receipts in excess of
11 $50,000,000 but not exceeding $75,000,000;
12        30% of annual adjusted gross receipts in excess of
13 $75,000,000 but not exceeding $100,000,000;
14        35% of annual adjusted gross receipts in excess of
15 $100,000,000.
16    (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
17is imposed on persons engaged in the business of conducting
18riverboat gambling operations, other than licensed managers
19conducting riverboat gambling operations on behalf of the
20State, based on the adjusted gross receipts received by a
21licensed owner from gambling games authorized under this Act
22at the following rates:
23        15% of annual adjusted gross receipts up to and
24 including $25,000,000;
25        22.5% of annual adjusted gross receipts in excess of
26 $25,000,000 but not exceeding $50,000,000;

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1        27.5% of annual adjusted gross receipts in excess of
2 $50,000,000 but not exceeding $75,000,000;
3        32.5% of annual adjusted gross receipts in excess of
4 $75,000,000 but not exceeding $100,000,000;
5        37.5% of annual adjusted gross receipts in excess of
6 $100,000,000 but not exceeding $150,000,000;
7        45% of annual adjusted gross receipts in excess of
8 $150,000,000 but not exceeding $200,000,000;
9        50% of annual adjusted gross receipts in excess of
10 $200,000,000.
11    (a-3) Beginning July 1, 2003, a privilege tax is imposed
12on persons engaged in the business of conducting riverboat
13gambling operations, other than licensed managers conducting
14riverboat gambling operations on behalf of the State, based on
15the adjusted gross receipts received by a licensed owner from
16gambling games authorized under this Act at the following
17rates:
18        15% of annual adjusted gross receipts up to and
19 including $25,000,000;
20        27.5% of annual adjusted gross receipts in excess of
21 $25,000,000 but not exceeding $37,500,000;
22        32.5% of annual adjusted gross receipts in excess of
23 $37,500,000 but not exceeding $50,000,000;
24        37.5% of annual adjusted gross receipts in excess of
25 $50,000,000 but not exceeding $75,000,000;
26        45% of annual adjusted gross receipts in excess of

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1 $75,000,000 but not exceeding $100,000,000;
2        50% of annual adjusted gross receipts in excess of
3 $100,000,000 but not exceeding $250,000,000;
4        70% of annual adjusted gross receipts in excess of
5 $250,000,000.
6    An amount equal to the amount of wagering taxes collected
7under this subsection (a-3) that are in addition to the amount
8of wagering taxes that would have been collected if the
9wagering tax rates under subsection (a-2) were in effect shall
10be paid into the Common School Fund.
11    The privilege tax imposed under this subsection (a-3)
12shall no longer be imposed beginning on the earlier of (i) July
131, 2005; (ii) the first date after June 20, 2003 that riverboat
14gambling operations are conducted pursuant to a dormant
15license; or (iii) the first day that riverboat gambling
16operations are conducted under the authority of an owners
17license that is in addition to the 10 owners licenses
18initially authorized under this Act. For the purposes of this
19subsection (a-3), the term "dormant license" means an owners
20license that is authorized by this Act under which no
21riverboat gambling operations are being conducted on June 20,
222003.
23    (a-4) Beginning on the first day on which the tax imposed
24under subsection (a-3) is no longer imposed and ending upon
25the imposition of the privilege tax under subsection (a-5) of
26this Section, a privilege tax is imposed on persons engaged in

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1the business of conducting gambling operations, other than
2licensed managers conducting riverboat gambling operations on
3behalf of the State, based on the adjusted gross receipts
4received by a licensed owner from gambling games authorized
5under this Act at the following rates:
6        15% of annual adjusted gross receipts up to and
7 including $25,000,000;
8        22.5% of annual adjusted gross receipts in excess of
9 $25,000,000 but not exceeding $50,000,000;
10        27.5% of annual adjusted gross receipts in excess of
11 $50,000,000 but not exceeding $75,000,000;
12        32.5% of annual adjusted gross receipts in excess of
13 $75,000,000 but not exceeding $100,000,000;
14        37.5% of annual adjusted gross receipts in excess of
15 $100,000,000 but not exceeding $150,000,000;
16        45% of annual adjusted gross receipts in excess of
17 $150,000,000 but not exceeding $200,000,000;
18        50% of annual adjusted gross receipts in excess of
19 $200,000,000.
20    For the imposition of the privilege tax in this subsection
21(a-4), amounts paid pursuant to item (1) of subsection (b) of
22Section 56 of the Illinois Horse Racing Act of 1975 shall not
23be included in the determination of adjusted gross receipts.
24    (a-5)(1) Beginning on July 1, 2020, a privilege tax is
25imposed on persons engaged in the business of conducting
26gambling operations, other than the owners licensee under

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1paragraph (1) of subsection (e-5) of Section 7 and licensed
2managers conducting riverboat gambling operations on behalf of
3the State, based on the adjusted gross receipts received by
4such licensee from the gambling games authorized under this
5Act. The privilege tax for all gambling games other than table
6games, including, but not limited to, slot machines, video
7game of chance gambling, and electronic gambling games shall
8be at the following rates:
9        15% of annual adjusted gross receipts up to and
10 including $25,000,000;
11        22.5% of annual adjusted gross receipts in excess of
12 $25,000,000 but not exceeding $50,000,000;
13        27.5% of annual adjusted gross receipts in excess of
14 $50,000,000 but not exceeding $75,000,000;
15        32.5% of annual adjusted gross receipts in excess of
16 $75,000,000 but not exceeding $100,000,000;
17        37.5% of annual adjusted gross receipts in excess of
18 $100,000,000 but not exceeding $150,000,000;
19        45% of annual adjusted gross receipts in excess of
20 $150,000,000 but not exceeding $200,000,000;
21        50% of annual adjusted gross receipts in excess of
22 $200,000,000.
23    The privilege tax for table games shall be at the
24following rates:
25        15% of annual adjusted gross receipts up to and
26 including $25,000,000;

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1        20% of annual adjusted gross receipts in excess of
2 $25,000,000.
3    For the imposition of the privilege tax in this subsection
4(a-5), amounts paid pursuant to item (1) of subsection (b) of
5Section 56 of the Illinois Horse Racing Act of 1975 shall not
6be included in the determination of adjusted gross receipts.
7    (2) Beginning on the first day that an owners licensee
8under paragraph (1) of subsection (e-5) of Section 7 conducts
9gambling operations, either in a temporary facility or a
10permanent facility, a privilege tax is imposed on persons
11engaged in the business of conducting gambling operations
12under paragraph (1) of subsection (e-5) of Section 7, other
13than licensed managers conducting riverboat gambling
14operations on behalf of the State, based on the adjusted gross
15receipts received by such licensee from the gambling games
16authorized under this Act. The privilege tax for all gambling
17games other than table games, including, but not limited to,
18slot machines, video game of chance gambling, and electronic
19gambling games shall be at the following rates:
20        12% of annual adjusted gross receipts up to and
21 including $25,000,000 to the State and 10.5% of annual
22 adjusted gross receipts up to and including $25,000,000 to
23 the City of Chicago;
24        16% of annual adjusted gross receipts in excess of
25 $25,000,000 but not exceeding $50,000,000 to the State and
26 14% of annual adjusted gross receipts in excess of

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1 $25,000,000 but not exceeding $50,000,000 to the City of
2 Chicago;
3        20.1% of annual adjusted gross receipts in excess of
4 $50,000,000 but not exceeding $75,000,000 to the State and
5 17.4% of annual adjusted gross receipts in excess of
6 $50,000,000 but not exceeding $75,000,000 to the City of
7 Chicago;
8        21.4% of annual adjusted gross receipts in excess of
9 $75,000,000 but not exceeding $100,000,000 to the State
10 and 18.6% of annual adjusted gross receipts in excess of
11 $75,000,000 but not exceeding $100,000,000 to the City of
12 Chicago;
13        22.7% of annual adjusted gross receipts in excess of
14 $100,000,000 but not exceeding $150,000,000 to the State
15 and 19.8% of annual adjusted gross receipts in excess of
16 $100,000,000 but not exceeding $150,000,000 to the City of
17 Chicago;
18        24.1% of annual adjusted gross receipts in excess of
19 $150,000,000 but not exceeding $225,000,000 to the State
20 and 20.9% of annual adjusted gross receipts in excess of
21 $150,000,000 but not exceeding $225,000,000 to the City of
22 Chicago;
23        26.8% of annual adjusted gross receipts in excess of
24 $225,000,000 but not exceeding $1,000,000,000 to the State
25 and 23.2% of annual adjusted gross receipts in excess of
26 $225,000,000 but not exceeding $1,000,000,000 to the City

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1 of Chicago;
2        40% of annual adjusted gross receipts in excess of
3 $1,000,000,000 to the State and 34.7% of annual gross
4 receipts in excess of $1,000,000,000 to the City of
5 Chicago.
6    The privilege tax for table games shall be at the
7following rates:
8        8.1% of annual adjusted gross receipts up to and
9 including $25,000,000 to the State and 6.9% of annual
10 adjusted gross receipts up to and including $25,000,000 to
11 the City of Chicago;
12        10.7% of annual adjusted gross receipts in excess of
13 $25,000,000 but not exceeding $75,000,000 to the State and
14 9.3% of annual adjusted gross receipts in excess of
15 $25,000,000 but not exceeding $75,000,000 to the City of
16 Chicago;
17        11.2% of annual adjusted gross receipts in excess of
18 $75,000,000 but not exceeding $175,000,000 to the State
19 and 9.8% of annual adjusted gross receipts in excess of
20 $75,000,000 but not exceeding $175,000,000 to the City of
21 Chicago;
22        13.5% of annual adjusted gross receipts in excess of
23 $175,000,000 but not exceeding $225,000,000 to the State
24 and 11.5% of annual adjusted gross receipts in excess of
25 $175,000,000 but not exceeding $225,000,000 to the City of
26 Chicago;

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1        15.1% of annual adjusted gross receipts in excess of
2 $225,000,000 but not exceeding $275,000,000 to the State
3 and 12.9% of annual adjusted gross receipts in excess of
4 $225,000,000 but not exceeding $275,000,000 to the City of
5 Chicago;
6        16.2% of annual adjusted gross receipts in excess of
7 $275,000,000 but not exceeding $375,000,000 to the State
8 and 13.8% of annual adjusted gross receipts in excess of
9 $275,000,000 but not exceeding $375,000,000 to the City of
10 Chicago;
11        18.9% of annual adjusted gross receipts in excess of
12 $375,000,000 to the State and 16.1% of annual gross
13 receipts in excess of $375,000,000 to the City of Chicago.
14    For the imposition of the privilege tax in this subsection
15(a-5), amounts paid pursuant to item (1) of subsection (b) of
16Section 56 of the Illinois Horse Racing Act of 1975 shall not
17be included in the determination of adjusted gross receipts.
18    (3) Notwithstanding the provisions of this subsection
19(a-5), for the first 10 years that the privilege tax is imposed
20under this subsection (a-5) or until the year preceding the
21calendar year in which paragraph (4) becomes operative,
22whichever occurs first, the privilege tax shall be imposed on
23the modified annual adjusted gross receipts of a riverboat or
24casino conducting gambling operations in the City of East St.
25Louis, unless:
26        (1) the riverboat or casino fails to employ at least

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1 450 people, except no minimum employment shall be required
2 during 2020 and 2021 or during periods that the riverboat
3 or casino is closed on orders of State officials for
4 public health emergencies or other emergencies not caused
5 by the riverboat or casino;
6        (2) the riverboat or casino fails to maintain
7 operations in a manner consistent with this Act or is not a
8 viable riverboat or casino subject to the approval of the
9 Board; or
10        (3) the owners licensee is not an entity in which
11 employees participate in an employee stock ownership plan
12 or in which the owners licensee sponsors a 401(k)
13 retirement plan and makes a matching employer contribution
14 equal to at least one-quarter of the first 12% or one-half
15 of the first 6% of each participating employee's
16 contribution, not to exceed any limitations under federal
17 laws and regulations.
18    (4) Notwithstanding the provisions of this subsection
19(a-5), for 10 calendar years beginning in the year that
20gambling operations commence either in a temporary or
21permanent facility at an organization gaming facility located
22in the City of Collinsville, the privilege tax imposed under
23this subsection (a-5) on a riverboat or casino conducting
24gambling operations in the City of East St. Louis shall be
25reduced, if applicable, by an amount equal to the difference
26in adjusted gross receipts for the 2022 calendar year less the

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1current year's adjusted gross receipts, unless:
2        (A) the riverboat or casino fails to employ at least
3 350 people, except that no minimum employment shall be
4 required during periods that the riverboat or casino is
5 closed on orders of State officials for public health
6 emergencies or other emergencies not caused by the
7 riverboat or casino;
8        (B) the riverboat or casino fails to maintain
9 operations in a manner consistent with this Act or is not a
10 viable riverboat or casino subject to the approval of the
11 Board; or
12        (C) the riverboat or casino fails to submit audited
13 financial statements to the Board prepared by an
14 accounting firm that has been preapproved by the Board and
15 such statements were prepared in accordance with the
16 provisions of the Financial Accounting Standards Board
17 Accounting Standards Codification under nongovernmental
18 accounting principles generally accepted in the United
19 States.
20    As used in this subsection (a-5), "modified annual
21adjusted gross receipts" means:
22        (A) for calendar year 2020, the annual adjusted gross
23 receipts for the current year minus the difference between
24 an amount equal to the average annual adjusted gross
25 receipts from a riverboat or casino conducting gambling
26 operations in the City of East St. Louis for 2014, 2015,

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1 2016, 2017, and 2018 and the annual adjusted gross
2 receipts for 2018;
3        (B) for calendar year 2021, the annual adjusted gross
4 receipts for the current year minus the difference between
5 an amount equal to the average annual adjusted gross
6 receipts from a riverboat or casino conducting gambling
7 operations in the City of East St. Louis for 2014, 2015,
8 2016, 2017, and 2018 and the annual adjusted gross
9 receipts for 2019; and
10        (C) for calendar years 2022 through 2029, the annual
11 adjusted gross receipts for the current year minus the
12 difference between an amount equal to the average annual
13 adjusted gross receipts from a riverboat or casino
14 conducting gambling operations in the City of East St.
15 Louis for 3 years preceding the current year and the
16 annual adjusted gross receipts for the immediately
17 preceding year.
18    (a-6) From June 28, 2019 (the effective date of Public Act
19101-31) until June 30, 2023, an owners licensee that conducted
20gambling operations prior to January 1, 2011 shall receive a
21dollar-for-dollar credit against the tax imposed under this
22Section for any renovation or construction costs paid by the
23owners licensee, but in no event shall the credit exceed
24$2,000,000.
25    Additionally, from June 28, 2019 (the effective date of
26Public Act 101-31) until December 31, 2024, an owners licensee

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1that (i) is located within 15 miles of the Missouri border, and
2(ii) has at least 3 riverboats, casinos, or their equivalent
3within a 45-mile radius, may be authorized to relocate to a new
4location with the approval of both the unit of local
5government designated as the home dock and the Board, so long
6as the new location is within the same unit of local government
7and no more than 3 miles away from its original location. Such
8owners licensee shall receive a credit against the tax imposed
9under this Section equal to 8% of the total project costs, as
10approved by the Board, for any renovation or construction
11costs paid by the owners licensee for the construction of the
12new facility, provided that the new facility is operational by
13July 1, 2024. In determining whether or not to approve a
14relocation, the Board must consider the extent to which the
15relocation will diminish the gaming revenues received by other
16Illinois gaming facilities.
17    (a-7) Beginning in the initial adjustment year and through
18the final adjustment year, if the total obligation imposed
19pursuant to either subsection (a-5) or (a-6) will result in an
20owners licensee receiving less after-tax adjusted gross
21receipts than it received in calendar year 2018, then the
22total amount of privilege taxes that the owners licensee is
23required to pay for that calendar year shall be reduced to the
24extent necessary so that the after-tax adjusted gross receipts
25in that calendar year equals the after-tax adjusted gross
26receipts in calendar year 2018, but the privilege tax

10400HB1075sam003- 179 -LRB104 03072 JDS 27160 a
1reduction shall not exceed the annual adjustment cap. If
2pursuant to this subsection (a-7), the total obligation
3imposed pursuant to either subsection (a-5) or (a-6) shall be
4reduced, then the owners licensee shall not receive a refund
5from the State at the end of the subject calendar year but
6instead shall be able to apply that amount as a credit against
7any payments it owes to the State in the following calendar
8year to satisfy its total obligation under either subsection
9(a-5) or (a-6). The credit for the final adjustment year shall
10occur in the calendar year following the final adjustment
11year.
12    If an owners licensee that conducted gambling operations
13prior to January 1, 2019 expands its riverboat or casino,
14including, but not limited to, with respect to its gaming
15floor, additional non-gaming amenities such as restaurants,
16bars, and hotels and other additional facilities, and incurs
17construction and other costs related to such expansion from
18June 28, 2019 (the effective date of Public Act 101-31) until
19June 28, 2029, then for each $15,000,000 spent for any such
20construction or other costs related to expansion paid by the
21owners licensee, the final adjustment year shall be extended
22by one year and the annual adjustment cap shall increase by
230.2% of adjusted gross receipts during each calendar year
24until and including the final adjustment year. No further
25modifications to the final adjustment year or annual
26adjustment cap shall be made after $75,000,000 is incurred in

10400HB1075sam003- 180 -LRB104 03072 JDS 27160 a
1construction or other costs related to expansion so that the
2final adjustment year shall not extend beyond the 9th calendar
3year after the initial adjustment year, not including the
4initial adjustment year, and the annual adjustment cap shall
5not exceed 4% of adjusted gross receipts in a particular
6calendar year. Construction and other costs related to
7expansion shall include all project related costs, including,
8but not limited to, all hard and soft costs, financing costs,
9on or off-site ground, road or utility work, cost of gaming
10equipment and all other personal property, initial fees
11assessed for each incremental gaming position, and the cost of
12incremental land acquired for such expansion. Soft costs shall
13include, but not be limited to, legal fees, architect,
14engineering and design costs, other consultant costs,
15insurance cost, permitting costs, and pre-opening costs
16related to the expansion, including, but not limited to, any
17of the following: marketing, real estate taxes, personnel,
18training, travel and out-of-pocket expenses, supply,
19inventory, and other costs, and any other project related soft
20costs.
21    To be eligible for the tax credits in subsection (a-6),
22all construction contracts shall include a requirement that
23the contractor enter into a project labor agreement with the
24building and construction trades council with geographic
25jurisdiction of the location of the proposed gaming facility.
26    Notwithstanding any other provision of this subsection

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1(a-7), this subsection (a-7) does not apply to an owners
2licensee unless such owners licensee spends at least
3$15,000,000 on construction and other costs related to its
4expansion, excluding the initial fees assessed for each
5incremental gaming position.
6    This subsection (a-7) does not apply to owners licensees
7authorized pursuant to subsection (e-5) of Section 7 of this
8Act.
9    For purposes of this subsection (a-7):
10    "Building and construction trades council" means any
11organization representing multiple construction entities that
12are monitoring or attentive to compliance with public or
13workers' safety laws, wage and hour requirements, or other
14statutory requirements or that are making or maintaining
15collective bargaining agreements.
16    "Initial adjustment year" means the year commencing on
17January 1 of the calendar year immediately following the
18earlier of the following:
19        (1) the commencement of gambling operations, either in
20 a temporary or permanent facility, with respect to the
21 owners license authorized under paragraph (1) of
22 subsection (e-5) of Section 7 of this Act; or
23        (2) June 28, 2021 (24 months after the effective date
24 of Public Act 101-31);
25provided the initial adjustment year shall not commence
26earlier than June 28, 2020 (12 months after the effective date

10400HB1075sam003- 182 -LRB104 03072 JDS 27160 a
1of Public Act 101-31).
2    "Final adjustment year" means the 2nd calendar year after
3the initial adjustment year, not including the initial
4adjustment year, and as may be extended further as described
5in this subsection (a-7).
6    "Annual adjustment cap" means 3% of adjusted gross
7receipts in a particular calendar year, and as may be
8increased further as otherwise described in this subsection
9(a-7).
10    (a-8) Riverboat gambling operations conducted by a
11licensed manager on behalf of the State are not subject to the
12tax imposed under this Section.
13    (a-9) Beginning on January 1, 2020, the calculation of
14gross receipts or adjusted gross receipts, for the purposes of
15this Section, for a riverboat, a casino, or an organization
16gaming facility shall not include the dollar amount of
17non-cashable vouchers, coupons, and electronic promotions
18redeemed by wagerers upon the riverboat, in the casino, or in
19the organization gaming facility up to and including an amount
20not to exceed 20% of a riverboat's, a casino's, or an
21organization gaming facility's adjusted gross receipts.
22    The Illinois Gaming Board shall submit to the General
23Assembly a comprehensive report no later than March 31, 2023
24detailing, at a minimum, the effect of removing non-cashable
25vouchers, coupons, and electronic promotions from this
26calculation on net gaming revenues to the State in calendar

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1years 2020 through 2022, the increase or reduction in wagerers
2as a result of removing non-cashable vouchers, coupons, and
3electronic promotions from this calculation, the effect of the
4tax rates in subsection (a-5) on net gaming revenues to this
5State, and proposed modifications to the calculation.
6    (a-10) The taxes imposed by this Section shall be paid by
7the licensed owner or the organization gaming licensee to the
8Board not later than 5:00 o'clock p.m. of the day after the day
9when the wagers were made.
10    (a-15) If the privilege tax imposed under subsection (a-3)
11is no longer imposed pursuant to item (i) of the last paragraph
12of subsection (a-3), then by June 15 of each year, each owners
13licensee, other than an owners licensee that admitted
141,000,000 persons or fewer in calendar year 2004, must, in
15addition to the payment of all amounts otherwise due under
16this Section, pay to the Board a reconciliation payment in the
17amount, if any, by which the licensed owner's base amount
18exceeds the amount of net privilege tax paid by the licensed
19owner to the Board in the then current State fiscal year. A
20licensed owner's net privilege tax obligation due for the
21balance of the State fiscal year shall be reduced up to the
22total of the amount paid by the licensed owner in its June 15
23reconciliation payment. The obligation imposed by this
24subsection (a-15) is binding on any person, firm, corporation,
25or other entity that acquires an ownership interest in any
26such owners license. The obligation imposed under this

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1subsection (a-15) terminates on the earliest of: (i) July 1,
22007, (ii) the first day after August 23, 2005 (the effective
3date of Public Act 94-673) that riverboat gambling operations
4are conducted pursuant to a dormant license, (iii) the first
5day that riverboat gambling operations are conducted under the
6authority of an owners license that is in addition to the 10
7owners licenses initially authorized under this Act, or (iv)
8the first day that a licensee under the Illinois Horse Racing
9Act of 1975 conducts gaming operations with slot machines or
10other electronic gaming devices. The Board must reduce the
11obligation imposed under this subsection (a-15) by an amount
12the Board deems reasonable for any of the following reasons:
13(A) an act or acts of God, (B) an act of bioterrorism or
14terrorism or a bioterrorism or terrorism threat that was
15investigated by a law enforcement agency, or (C) a condition
16beyond the control of the owners licensee that does not result
17from any act or omission by the owners licensee or any of its
18agents and that poses a hazardous threat to the health and
19safety of patrons. If an owners licensee pays an amount in
20excess of its liability under this Section, the Board shall
21apply the overpayment to future payments required under this
22Section.
23    For purposes of this subsection (a-15):
24    "Act of God" means an incident caused by the operation of
25an extraordinary force that cannot be foreseen, that cannot be
26avoided by the exercise of due care, and for which no person

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1can be held liable.
2    "Base amount" means the following:
3        For a riverboat in Alton, $31,000,000.
4        For a riverboat in East Peoria, $43,000,000.
5        For the Empress riverboat in Joliet, $86,000,000.
6        For a riverboat in Metropolis, $45,000,000.
7        For the Harrah's riverboat in Joliet, $114,000,000.
8        For a riverboat in Aurora, $86,000,000.
9        For a riverboat in East St. Louis, $48,500,000.
10        For a riverboat in Elgin, $198,000,000.
11    "Dormant license" has the meaning ascribed to it in
12subsection (a-3).
13    "Net privilege tax" means all privilege taxes paid by a
14licensed owner to the Board under this Section, less all
15payments made from the State Gaming Fund pursuant to
16subsection (b) of this Section.
17    The changes made to this subsection (a-15) by Public Act
1894-839 are intended to restate and clarify the intent of
19Public Act 94-673 with respect to the amount of the payments
20required to be made under this subsection by an owners
21licensee to the Board.
22    (b) From the tax revenue from riverboat or casino gambling
23deposited into in the State Gaming Fund under this Section, an
24amount equal to 5% of adjusted gross receipts generated by a
25riverboat or a casino, other than a riverboat or casino
26designated in paragraph (1), (3), or (4) of subsection (e-5)

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1of Section 7, shall be paid monthly, subject to appropriation
2by the General Assembly, to the unit of local government in
3which the casino is located or that is designated as the home
4dock of the riverboat. Notwithstanding anything to the
5contrary, beginning on the first day that an owners licensee
6under paragraph (1), (2), (3), (4), (5), or (6) of subsection
7(e-5) of Section 7 conducts gambling operations, either in a
8temporary facility or a permanent facility, and for 2 years
9thereafter, a unit of local government designated as the home
10dock of a riverboat whose license was issued before January 1,
112019, other than a riverboat conducting gambling operations in
12the City of East St. Louis, shall not receive less under this
13subsection (b) than the amount the unit of local government
14received under this subsection (b) in calendar year 2018.
15Notwithstanding anything to the contrary and because the City
16of East St. Louis is a financially distressed city, beginning
17on the first day that an owners licensee under paragraph (1),
18(2), (3), (4), (5), or (6) of subsection (e-5) of Section 7
19conducts gambling operations, either in a temporary facility
20or a permanent facility, and for 10 years thereafter, a unit of
21local government designated as the home dock of a riverboat
22conducting gambling operations in the City of East St. Louis
23shall not receive less under this subsection (b) than the
24amount the unit of local government received under this
25subsection (b) in calendar year 2018.
26    From the tax revenue deposited into in the State Gaming

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1Fund pursuant to riverboat or casino gambling operations
2conducted by a licensed manager on behalf of the State, an
3amount equal to 5% of adjusted gross receipts generated
4pursuant to those riverboat or casino gambling operations
5shall be paid monthly, subject to appropriation by the General
6Assembly, to the unit of local government that is designated
7as the home dock of the riverboat upon which those riverboat
8gambling operations are conducted or in which the casino is
9located.
10    From the tax revenue from riverboat or casino gambling
11deposited into in the State Gaming Fund under this Section, an
12amount equal to 5% of the adjusted gross receipts generated by
13a riverboat designated in paragraph (3) of subsection (e-5) of
14Section 7 shall be divided and remitted monthly, subject to
15appropriation, as follows: 70% to Waukegan, 10% to Park City,
1615% to North Chicago, and 5% to Lake County.
17    From the tax revenue from riverboat or casino gambling
18deposited into in the State Gaming Fund under this Section, an
19amount equal to 5% of the adjusted gross receipts generated by
20a riverboat designated in paragraph (4) of subsection (e-5) of
21Section 7 shall be remitted monthly, subject to appropriation,
22as follows: 70% to the City of Rockford, 5% to the City of
23Loves Park, 5% to the Village of Machesney, and 20% to
24Winnebago County.
25    From the tax revenue from riverboat or casino gambling
26deposited into in the State Gaming Fund under this Section, an

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1amount equal to 5% of the adjusted gross receipts generated by
2a riverboat designated in paragraph (5) of subsection (e-5) of
3Section 7 shall be remitted monthly, subject to appropriation,
4as follows: 2% to the unit of local government in which the
5riverboat or casino is located, and 3% shall be distributed:
6(A) in accordance with a regional capital development plan
7entered into by the following communities: Village of Beecher,
8City of Blue Island, Village of Burnham, City of Calumet City,
9Village of Calumet Park, City of Chicago Heights, City of
10Country Club Hills, Village of Crestwood, Village of Crete,
11Village of Dixmoor, Village of Dolton, Village of East Hazel
12Crest, Village of Flossmoor, Village of Ford Heights, Village
13of Glenwood, City of Harvey, Village of Hazel Crest, Village
14of Homewood, Village of Lansing, Village of Lynwood, City of
15Markham, Village of Matteson, Village of Midlothian, Village
16of Monee, City of Oak Forest, Village of Olympia Fields,
17Village of Orland Hills, Village of Orland Park, City of Palos
18Heights, Village of Park Forest, Village of Phoenix, Village
19of Posen, Village of Richton Park, Village of Riverdale,
20Village of Robbins, Village of Sauk Village, Village of South
21Chicago Heights, Village of South Holland, Village of Steger,
22Village of Thornton, Village of Tinley Park, Village of
23University Park, and Village of Worth; or (B) if no regional
24capital development plan exists, equally among the communities
25listed in item (A) to be used for capital expenditures or
26public pension payments, or both.

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1    Units of local government may refund any portion of the
2payment that they receive pursuant to this subsection (b) to
3the riverboat or casino.
4    (b-4) Beginning on the first day a licensee under
5subsection (e-5) of Section 7 conducts gambling operations or
630 days after the effective date of this amendatory Act of the
7103rd General Assembly, whichever is sooner, either in a
8temporary facility or a permanent facility, and ending on July
931, 2042, from the tax revenue deposited into in the State
10Gaming Fund under this Section, $5,000,000 shall be paid
11annually, subject to appropriation, to the host municipality
12of that owners licensee of a license issued or re-issued
13pursuant to Section 7.1 of this Act before January 1, 2012.
14Payments received by the host municipality pursuant to this
15subsection (b-4) may not be shared with any other unit of local
16government.
17    (b-5) Beginning on June 28, 2019 (the effective date of
18Public Act 101-31), from the tax revenue deposited into in the
19State Gaming Fund under this Section, an amount equal to 3% of
20adjusted gross receipts generated by each organization gaming
21facility located outside Madison County shall be paid monthly,
22subject to appropriation by the General Assembly, to a
23municipality other than the Village of Stickney in which each
24organization gaming facility is located or, if the
25organization gaming facility is not located within a
26municipality, to the county in which the organization gaming

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1facility is located, except as otherwise provided in this
2Section. From the tax revenue deposited into in the State
3Gaming Fund under this Section, an amount equal to 3% of
4adjusted gross receipts generated by an organization gaming
5facility located in the Village of Stickney shall be paid
6monthly, subject to appropriation by the General Assembly, as
7follows: 25% to the Village of Stickney, 5% to the City of
8Berwyn, 50% to the Town of Cicero, and 20% to the Stickney
9Public Health District.
10    From the tax revenue deposited into in the State Gaming
11Fund under this Section, an amount equal to 5% of adjusted
12gross receipts generated by an organization gaming facility
13located in the City of Collinsville shall be paid monthly,
14subject to appropriation by the General Assembly, as follows:
1530% to the City of Alton, 30% to the City of East St. Louis,
16and 40% to the City of Collinsville.
17    Municipalities and counties may refund any portion of the
18payment that they receive pursuant to this subsection (b-5) to
19the organization gaming facility.
20    (b-6) Beginning on June 28, 2019 (the effective date of
21Public Act 101-31), from the tax revenue deposited into in the
22State Gaming Fund under this Section, an amount equal to 2% of
23adjusted gross receipts generated by an organization gaming
24facility located outside Madison County shall be paid monthly,
25subject to appropriation by the General Assembly, to the
26county in which the organization gaming facility is located

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1for the purposes of its criminal justice system or health care
2system.
3    Counties may refund any portion of the payment that they
4receive pursuant to this subsection (b-6) to the organization
5gaming facility.
6    (b-7) From the tax revenue from the organization gaming
7licensee located in one of the following townships of Cook
8County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or
9Worth, an amount equal to 5% of the adjusted gross receipts
10generated by that organization gaming licensee shall be
11remitted monthly, subject to appropriation, as follows: 2% to
12the unit of local government in which the organization gaming
13licensee is located, and 3% shall be distributed: (A) in
14accordance with a regional capital development plan entered
15into by the following communities: Village of Beecher, City of
16Blue Island, Village of Burnham, City of Calumet City, Village
17of Calumet Park, City of Chicago Heights, City of Country Club
18Hills, Village of Crestwood, Village of Crete, Village of
19Dixmoor, Village of Dolton, Village of East Hazel Crest,
20Village of Flossmoor, Village of Ford Heights, Village of
21Glenwood, City of Harvey, Village of Hazel Crest, Village of
22Homewood, Village of Lansing, Village of Lynwood, City of
23Markham, Village of Matteson, Village of Midlothian, Village
24of Monee, City of Oak Forest, Village of Olympia Fields,
25Village of Orland Hills, Village of Orland Park, City of Palos
26Heights, Village of Park Forest, Village of Phoenix, Village

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1of Posen, Village of Richton Park, Village of Riverdale,
2Village of Robbins, Village of Sauk Village, Village of South
3Chicago Heights, Village of South Holland, Village of Steger,
4Village of Thornton, Village of Tinley Park, Village of
5University Park, and Village of Worth; or (B) if no regional
6capital development plan exists, equally among the communities
7listed in item (A) to be used for capital expenditures or
8public pension payments, or both.
9    (b-8) In lieu of the payments under subsection (b) of this
10Section, from the tax revenue deposited into in the State
11Gaming Fund pursuant to riverboat or casino gambling
12operations conducted by an owners licensee under paragraph (1)
13of subsection (e-5) of Section 7, an amount equal to the tax
14revenue generated from the privilege tax imposed by paragraph
15(2) of subsection (a-5) that is to be paid to the City of
16Chicago shall be paid monthly, subject to appropriation by the
17General Assembly, as follows: (1) an amount equal to 0.5% of
18the annual adjusted gross receipts generated by the owners
19licensee under paragraph (1) of subsection (e-5) of Section 7
20to the home rule county in which the owners licensee is located
21for the purpose of enhancing the county's criminal justice
22system; and (2) the balance to the City of Chicago and shall be
23expended or obligated by the City of Chicago for pension
24payments in accordance with Public Act 99-506.
25    (c) Appropriations, as approved by the General Assembly,
26may be made from the State Gaming Fund to the Board (i) for the

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1administration and enforcement of this Act and the Video
2Gaming Act, (ii) for distribution to the Illinois State Police
3and to the Department of Revenue for the enforcement of this
4Act and the Video Gaming Act, and (iii) to the Department of
5Human Services for the administration of programs to treat
6problem gambling, including problem gambling from sports
7wagering. The Board's annual appropriations request must
8separately state its funding needs for the regulation of
9gaming authorized under Section 7.7, riverboat gaming, casino
10gaming, video gaming, and sports wagering.
11    (c-2) An amount equal to 2% of the adjusted gross receipts
12generated by an organization gaming facility located within a
13home rule county with a population of over 3,000,000
14inhabitants shall be paid, subject to appropriation from the
15General Assembly, from the State Gaming Fund to the home rule
16county in which the organization gaming licensee is located
17for the purpose of enhancing the county's criminal justice
18system.
19    (c-3) Appropriations, as approved by the General Assembly,
20may be made from the tax revenue deposited into the State
21Gaming Fund from organization gaming licensees pursuant to
22this Section for the administration and enforcement of this
23Act.
24    (c-4) After payments required under subsections (b),
25(b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from
26the tax revenue from organization gaming licensees deposited

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1into the State Gaming Fund under this Section, all remaining
2amounts from organization gaming licensees shall be
3transferred into the Capital Projects Fund.
4    (c-5) (Blank).
5    (c-10) Each year the General Assembly shall appropriate
6from the General Revenue Fund to the Education Assistance Fund
7an amount equal to the amount paid into the Horse Racing Equity
8Fund pursuant to subsection (c-5) in the prior calendar year.
9    (c-15) After the payments required under subsections (b),
10(c), and (c-5) have been made, an amount equal to 2% of the
11adjusted gross receipts of (1) an owners licensee that
12relocates pursuant to Section 11.2, (2) an owners licensee
13conducting riverboat gambling operations pursuant to an owners
14license that is initially issued after June 25, 1999, or (3)
15the first riverboat gambling operations conducted by a
16licensed manager on behalf of the State under Section 7.3,
17whichever comes first, shall be paid, subject to appropriation
18from the General Assembly, from the State Gaming Fund to each
19home rule county with a population of over 3,000,000
20inhabitants for the purpose of enhancing the county's criminal
21justice system.
22    (c-20) Each year the General Assembly shall appropriate
23from the General Revenue Fund to the Education Assistance Fund
24an amount equal to the amount paid to each home rule county
25with a population of over 3,000,000 inhabitants pursuant to
26subsection (c-15) in the prior calendar year.

10400HB1075sam003- 195 -LRB104 03072 JDS 27160 a
1    (c-21) After the payments required under subsections (b),
2(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have
3been made, an amount equal to 0.5% of the adjusted gross
4receipts generated by the owners licensee under paragraph (1)
5of subsection (e-5) of Section 7 shall be paid monthly,
6subject to appropriation from the General Assembly, from the
7State Gaming Fund to the home rule county in which the owners
8licensee is located for the purpose of enhancing the county's
9criminal justice system.
10    (c-22) After the payments required under subsections (b),
11(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and
12(c-21) have been made, an amount equal to 2% of the adjusted
13gross receipts generated by the owners licensee under
14paragraph (5) of subsection (e-5) of Section 7 shall be paid,
15subject to appropriation from the General Assembly, from the
16State Gaming Fund to the home rule county in which the owners
17licensee is located for the purpose of enhancing the county's
18criminal justice system.
19    (c-25) From July 1, 2013 and each July 1 thereafter
20through July 1, 2019, $1,600,000 shall be transferred from the
21State Gaming Fund to the Chicago State University Education
22Improvement Fund.
23    On July 1, 2020 and each July 1 thereafter, $3,000,000
24shall be transferred from the State Gaming Fund to the Chicago
25State University Education Improvement Fund.
26    (c-30) On July 1, 2013 or as soon as possible thereafter,

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1$92,000,000 shall be transferred from the State Gaming Fund to
2the School Infrastructure Fund and $23,000,000 shall be
3transferred from the State Gaming Fund to the Horse Racing
4Equity Fund.
5    (c-35) Beginning on July 1, 2013, in addition to any
6amount transferred under subsection (c-30) of this Section,
7$5,530,000 shall be transferred monthly from the State Gaming
8Fund to the School Infrastructure Fund.
9    (d) From time to time, through June 30, 2021, the Board
10shall transfer the remainder of the funds generated by this
11Act into the Education Assistance Fund.
12    (d-5) Beginning on July 1, 2021 and through June 30, 2025,
13on the last day of each month, or as soon thereafter as
14possible, after all the required expenditures, distributions,
15and transfers have been made from the State Gaming Fund for the
16month pursuant to subsections (b) through (c-35), at the
17direction of the Board, the Comptroller shall direct and the
18Treasurer shall transfer $22,500,000, along with any
19deficiencies in such amounts from prior months in the same
20fiscal year, from the State Gaming Fund to the Education
21Assistance Fund; then, at the direction of the Board, the
22Comptroller shall direct and the Treasurer shall transfer the
23remainder of the funds generated by this Act, if any, from the
24State Gaming Fund to the Capital Projects Fund.
25    (d-7) Beginning on July 1, 2025, on the last day of each
26month, or as soon thereafter as possible, after all the

10400HB1075sam003- 197 -LRB104 03072 JDS 27160 a
1required expenditures, distributions, and transfers have been
2made from the State Gaming Fund for the month under
3subsections (b) through (c-35), at the direction of the Board,
4the Comptroller shall direct and the Treasurer shall transfer
5$28,000,000, along with any deficiencies in such amounts from
6prior months in the same fiscal year, from the State Gaming
7Fund to the Education Assistance Fund and the remainder of the
8funds generated by this Act, if any, from the State Gaming Fund
9to the Capital Projects Fund.    
10    (e) Nothing in this Act shall prohibit the unit of local
11government designated as the home dock of the riverboat from
12entering into agreements with other units of local government
13in this State or in other states to share its portion of the
14tax revenue.
15    (f) To the extent practicable, the Board shall administer
16and collect the wagering taxes imposed by this Section in a
17manner consistent with the provisions of Sections 4, 5, 5a,
185b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of
19the Retailers' Occupation Tax Act and Section 3-7 of the
20Uniform Penalty and Interest Act.
21(Source: P.A. 102-16, eff. 6-17-21; 102-538, eff. 8-20-21;
22102-689, eff. 12-17-21; 102-699, eff. 4-19-22; 103-8, eff.
236-7-23; 103-574, eff. 12-8-23; 103-592, eff. 6-7-24.)
24    Section 5-90. The Video Gaming Act is amended by changing
25Section 60 as follows:

10400HB1075sam003- 198 -LRB104 03072 JDS 27160 a
1    (230 ILCS 40/60)
2    Sec. 60. Imposition and distribution of tax.
3    (a) Through June 30, 2025, a A tax of 30% is imposed on net
4terminal income and shall be collected by the Board.
5    Of the tax collected under this subsection (a),
6five-sixths shall be deposited into the Capital Projects Fund
7and one-sixth shall be deposited into the Local Government
8Video Gaming Distributive Fund.
9    (b) Beginning on July 1, 2019 and through June 30, 2025, an
10additional tax of 3% is imposed on net terminal income and
11shall be collected by the Board.
12    Beginning on July 1, 2020 and through June 30, 2025, an
13additional tax of 1% is imposed on net terminal income and
14shall be collected by the Board.
15    Beginning on July 1, 2024 and through June 30, 2025, an
16additional tax of 1% is imposed on net terminal income and
17shall be collected by the Board.
18    The tax collected under this subsection (b) shall be
19deposited into the Capital Projects Fund.
20    (b-5) Beginning on July 1, 2025, a tax of 35% is imposed on
21net terminal income and shall be collected by the Board.    
22    Of the tax collected under this subsection (b-5), 83.7%
23shall be deposited into the Capital Projects Fund, 14.3% shall
24be deposited into the Local Government Video Gaming
25Distributive Fund, and 2% shall be deposited into the State

10400HB1075sam003- 199 -LRB104 03072 JDS 27160 a
1Gaming Fund.    
2    (c) Revenues generated from the play of video gaming
3terminals shall be deposited by the terminal operator, who is
4responsible for tax payments, in a specially created, separate
5bank account maintained by the video gaming terminal operator
6to allow for electronic fund transfers of moneys for tax
7payment.
8    (d) Each licensed establishment, licensed truck stop
9establishment, licensed large truck stop establishment,
10licensed fraternal establishment, and licensed veterans
11establishment shall maintain an adequate video gaming fund,
12with the amount to be determined by the Board.
13    (e) The State's percentage of net terminal income shall be
14reported and remitted to the Board within 15 days after the
1515th day of each month and within 15 days after the end of each
16month by the video terminal operator. A video terminal
17operator who falsely reports or fails to report the amount due
18required by this Section is guilty of a Class 4 felony and is
19subject to termination of his or her license by the Board. Each
20video terminal operator shall keep a record of net terminal
21income in such form as the Board may require. All payments not
22remitted when due shall be paid together with a penalty
23assessment on the unpaid balance at a rate of 1.5% per month.
24(Source: P.A. 103-592, eff. 6-7-24.)
25    (410 ILCS 643/Act rep.)

10400HB1075sam003- 200 -LRB104 03072 JDS 27160 a
1    Section 5-95. The Access to Affordable Insulin Act is
2repealed.
3    Section 5-100. The Environmental Protection Act is amended
4by changing Sections 22.15, 55.6, and 57.11 as follows:
5    (415 ILCS 5/22.15)
6    Sec. 22.15. Solid Waste Management Fund; fees.
7    (a) There is hereby created within the State Treasury a
8special fund to be known as the Solid Waste Management Fund, to
9be constituted from the fees collected by the State pursuant
10to this Section, from repayments of loans made from the Fund
11for solid waste projects, from registration fees collected
12pursuant to the Consumer Electronics Recycling Act, from fees
13collected under the Paint Stewardship Act, and from amounts
14transferred into the Fund pursuant to Public Act 100-433.
15Moneys received by either the Agency or the Department of
16Commerce and Economic Opportunity in repayment of loans made
17pursuant to the Illinois Solid Waste Management Act shall be
18deposited into the General Revenue Fund.
19    (b) The Agency shall assess and collect a fee in the amount
20set forth herein from the owner or operator of each sanitary
21landfill permitted or required to be permitted by the Agency
22to dispose of solid waste if the sanitary landfill is located
23off the site where such waste was produced and if such sanitary
24landfill is owned, controlled, and operated by a person other

10400HB1075sam003- 201 -LRB104 03072 JDS 27160 a
1than the generator of such waste. The Agency shall deposit all
2fees collected into the Solid Waste Management Fund. If a site
3is contiguous to one or more landfills owned or operated by the
4same person, the volumes permanently disposed of by each
5landfill shall be combined for purposes of determining the fee
6under this subsection. Beginning on July 1, 2018, and on the
7first day of each month thereafter during fiscal years 2019
8through 2026 2025, the State Comptroller shall direct and
9State Treasurer shall transfer an amount equal to 1/12 of
10$5,000,000 per fiscal year from the Solid Waste Management
11Fund to the General Revenue Fund.
12        (1) If more than 150,000 cubic yards of non-hazardous
13 solid waste is permanently disposed of at a site in a
14 calendar year, the owner or operator shall either pay a
15 fee of 95 cents per cubic yard or, alternatively, the
16 owner or operator may weigh the quantity of the solid
17 waste permanently disposed of with a device for which
18 certification has been obtained under the Weights and
19 Measures Act and pay a fee of $2.00 per ton of solid waste
20 permanently disposed of. In no case shall the fee
21 collected or paid by the owner or operator under this
22 paragraph exceed $1.55 per cubic yard or $3.27 per ton.
23        (2) If more than 100,000 cubic yards but not more than
24 150,000 cubic yards of non-hazardous waste is permanently
25 disposed of at a site in a calendar year, the owner or
26 operator shall pay a fee of $52,630.

10400HB1075sam003- 202 -LRB104 03072 JDS 27160 a
1        (3) If more than 50,000 cubic yards but not more than
2 100,000 cubic yards of non-hazardous solid waste is
3 permanently disposed of at a site in a calendar year, the
4 owner or operator shall pay a fee of $23,790.
5        (4) If more than 10,000 cubic yards but not more than
6 50,000 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 $7,260.
9        (5) If not more than 10,000 cubic yards of
10 non-hazardous solid waste is permanently disposed of at a
11 site in a calendar year, the owner or operator shall pay a
12 fee of $1050.
13    (c) (Blank).
14    (d) The Agency shall establish rules relating to the
15collection of the fees authorized by this Section. Such rules
16shall include, but not be limited to:
17        (1) necessary records identifying the quantities of
18 solid waste received or disposed;
19        (2) the form and submission of reports to accompany
20 the payment of fees to the Agency;
21        (3) the time and manner of payment of fees to the
22 Agency, which payments shall not be more often than
23 quarterly; and
24        (4) procedures setting forth criteria establishing
25 when an owner or operator may measure by weight or volume
26 during any given quarter or other fee payment period.

10400HB1075sam003- 203 -LRB104 03072 JDS 27160 a
1    (e) Pursuant to appropriation, all monies in the Solid
2Waste Management Fund shall be used by the Agency for the
3purposes set forth in this Section and in the Illinois Solid
4Waste Management Act, including for the costs of fee
5collection and administration, for administration of the Paint
6Stewardship Act, and for the administration of the Consumer
7Electronics Recycling Act, the Drug Take-Back Act, and the
8Statewide Recycling Needs Assessment Act.
9    (f) The Agency is authorized to enter into such agreements
10and to promulgate such rules as are necessary to carry out its
11duties under this Section and the Illinois Solid Waste
12Management Act.
13    (g) On the first day of January, April, July, and October
14of each year, beginning on July 1, 2025 1996, the State
15Comptroller and Treasurer shall transfer $750,000 $500,000    
16from the Solid Waste Management Fund to the Hazardous Waste
17Fund. Moneys transferred under this subsection (g) shall be
18used only for the purposes set forth in item (1) of subsection
19(d) of Section 22.2.
20    (h) The Agency is authorized to provide financial
21assistance to units of local government for the performance of
22inspecting, investigating, and enforcement activities pursuant
23to subsection (r) of Section 4 at nonhazardous solid waste
24disposal sites.
25    (i) The Agency is authorized to conduct household waste
26collection and disposal programs.

10400HB1075sam003- 204 -LRB104 03072 JDS 27160 a
1    (j) A unit of local government, as defined in the Local
2Solid Waste Disposal Act, in which a solid waste disposal
3facility is located may establish a fee, tax, or surcharge
4with regard to the permanent disposal of solid waste. All
5fees, taxes, and surcharges collected under this subsection
6shall be utilized for solid waste management purposes,
7including long-term monitoring and maintenance of landfills,
8planning, implementation, inspection, enforcement and other
9activities consistent with the Illinois Solid Waste Management
10Act and the Local Solid Waste Disposal Act, or for any other
11environment-related purpose, including, but not limited to, an
12environment-related public works project, but not for the
13construction of a new pollution control facility other than a
14household hazardous waste facility. However, the total fee,
15tax or surcharge imposed by all units of local government
16under this subsection (j) upon the solid waste disposal
17facility shall not exceed:
18        (1) 60¢ per cubic yard if more than 150,000 cubic
19 yards of non-hazardous solid waste is permanently disposed
20 of at the site in a calendar year, unless the owner or
21 operator weighs the quantity of the solid waste received
22 with a device for which certification has been obtained
23 under the Weights and Measures Act, in which case the fee
24 shall not exceed $1.27 per ton of solid waste permanently
25 disposed of.
26        (2) $33,350 if more than 100,000 cubic yards, but not

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1 more than 150,000 cubic yards, of non-hazardous waste is
2 permanently disposed of at the site in a calendar year.
3        (3) $15,500 if more than 50,000 cubic yards, but not
4 more than 100,000 cubic yards, of non-hazardous solid
5 waste is permanently disposed of at the site in a calendar
6 year.
7        (4) $4,650 if more than 10,000 cubic yards, but not
8 more than 50,000 cubic yards, of non-hazardous solid waste
9 is permanently disposed of at the site in a calendar year.
10        (5) $650 if not more than 10,000 cubic yards of
11 non-hazardous solid waste is permanently disposed of at
12 the site in a calendar year.
13    The corporate authorities of the unit of local government
14may use proceeds from the fee, tax, or surcharge to reimburse a
15highway commissioner whose road district lies wholly or
16partially within the corporate limits of the unit of local
17government for expenses incurred in the removal of
18nonhazardous, nonfluid municipal waste that has been dumped on
19public property in violation of a State law or local
20ordinance.
21    For the disposal of solid waste from general construction
22or demolition debris recovery facilities as defined in
23subsection (a-1) of Section 3.160, the total fee, tax, or
24surcharge imposed by all units of local government under this
25subsection (j) upon the solid waste disposal facility shall
26not exceed 50% of the applicable amount set forth above. A unit

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1of local government, as defined in the Local Solid Waste
2Disposal Act, in which a general construction or demolition
3debris recovery facility is located may establish a fee, tax,
4or surcharge on the general construction or demolition debris
5recovery facility with regard to the permanent disposal of
6solid waste by the general construction or demolition debris
7recovery facility at a solid waste disposal facility, provided
8that such fee, tax, or surcharge shall not exceed 50% of the
9applicable amount set forth above, based on the total amount
10of solid waste transported from the general construction or
11demolition debris recovery facility for disposal at solid
12waste disposal facilities, and the unit of local government
13and fee shall be subject to all other requirements of this
14subsection (j).
15    A county or Municipal Joint Action Agency that imposes a
16fee, tax, or surcharge under this subsection may use the
17proceeds thereof to reimburse a municipality that lies wholly
18or partially within its boundaries for expenses incurred in
19the removal of nonhazardous, nonfluid municipal waste that has
20been dumped on public property in violation of a State law or
21local ordinance.
22    If the fees are to be used to conduct a local sanitary
23landfill inspection or enforcement program, the unit of local
24government must enter into a written delegation agreement with
25the Agency pursuant to subsection (r) of Section 4. The unit of
26local government and the Agency shall enter into such a

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1written delegation agreement within 60 days after the
2establishment of such fees. At least annually, the Agency
3shall conduct an audit of the expenditures made by units of
4local government from the funds granted by the Agency to the
5units of local government for purposes of local sanitary
6landfill inspection and enforcement programs, to ensure that
7the funds have been expended for the prescribed purposes under
8the grant.
9    The fees, taxes or surcharges collected under this
10subsection (j) shall be placed by the unit of local government
11in a separate fund, and the interest received on the moneys in
12the fund shall be credited to the fund. The monies in the fund
13may be accumulated over a period of years to be expended in
14accordance with this subsection.
15    A unit of local government, as defined in the Local Solid
16Waste Disposal Act, shall prepare and post on its website, in
17April of each year, a report that details spending plans for
18monies collected in accordance with this subsection. The
19report will at a minimum include the following:
20        (1) The total monies collected pursuant to this
21 subsection.
22        (2) The most current balance of monies collected
23 pursuant to this subsection.
24        (3) An itemized accounting of all monies expended for
25 the previous year pursuant to this subsection.
26        (4) An estimation of monies to be collected for the

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1 following 3 years pursuant to this subsection.
2        (5) A narrative detailing the general direction and
3 scope of future expenditures for one, 2 and 3 years.
4    The exemptions granted under Sections 22.16 and 22.16a,
5and under subsection (k) of this Section, shall be applicable
6to any fee, tax or surcharge imposed under this subsection
7(j); except that the fee, tax or surcharge authorized to be
8imposed under this subsection (j) may be made applicable by a
9unit of local government to the permanent disposal of solid
10waste after December 31, 1986, under any contract lawfully
11executed before June 1, 1986 under which more than 150,000
12cubic yards (or 50,000 tons) of solid waste is to be
13permanently disposed of, even though the waste is exempt from
14the fee imposed by the State under subsection (b) of this
15Section pursuant to an exemption granted under Section 22.16.
16    (k) In accordance with the findings and purposes of the
17Illinois Solid Waste Management Act, beginning January 1, 1989
18the fee under subsection (b) and the fee, tax or surcharge
19under subsection (j) shall not apply to:
20        (1) waste which is hazardous waste;
21        (2) waste which is pollution control waste;
22        (3) waste from recycling, reclamation or reuse
23 processes which have been approved by the Agency as being
24 designed to remove any contaminant from wastes so as to
25 render such wastes reusable, provided that the process
26 renders at least 50% of the waste reusable; the exemption

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1 set forth in this paragraph (3) of this subsection (k)
2 shall not apply to general construction or demolition
3 debris recovery facilities as defined in subsection (a-1)
4 of Section 3.160;
5        (4) non-hazardous solid waste that is received at a
6 sanitary landfill and composted or recycled through a
7 process permitted by the Agency; or
8        (5) any landfill which is permitted by the Agency to
9 receive only demolition or construction debris or
10 landscape waste.
11(Source: P.A. 102-16, eff. 6-17-21; 102-310, eff. 8-6-21;
12102-444, eff. 8-20-21; 102-699, eff. 4-19-22; 102-813, eff.
135-13-22; 102-1055, eff. 6-10-22; 103-8, eff. 6-7-23; 103-154,
14eff. 6-30-23; 103-372, eff. 1-1-24; 103-383, eff. 7-28-23;
15103-588, eff. 6-5-24; 103-605, eff. 7-1-24.)
16    (415 ILCS 5/55.6)    (from Ch. 111 1/2, par. 1055.6)
17    Sec. 55.6. Used Tire Management Fund.
18    (a) There is hereby created in the State Treasury a
19special fund to be known as the Used Tire Management Fund.
20There shall be deposited into the Fund all monies received as
21(1) recovered costs or proceeds from the sale of used tires
22under Section 55.3 of this Act, (2) repayment of loans from the
23Used Tire Management Fund, or (3) penalties or punitive
24damages for violations of this Title, except as provided by
25subdivision (b)(4) or (b)(4-5) of Section 42.

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1    (b) Beginning January 1, 1992, in addition to any other
2fees required by law, the owner or operator of each site
3required to be registered or permitted under subsection (d) or
4(d-5) of Section 55 shall pay to the Agency an annual fee of
5$100. Fees collected under this subsection shall be deposited
6into the Environmental Protection Permit and Inspection Fund.
7    (c) Pursuant to appropriation, moneys up to an amount of
8$4 million per fiscal year from the Used Tire Management Fund
9shall be allocated as follows:
10        (1) 38% shall be available to the Agency for the
11 following purposes, provided that priority shall be given
12 to item (i):
13            (i) To undertake preventive, corrective or removal
14 action as authorized by and in accordance with Section
15 55.3, and to recover costs in accordance with Section
16 55.3.
17            (ii) For the performance of inspection and
18 enforcement activities for used and waste tire sites.
19            (iii) (Blank).
20            (iv) To provide financial assistance to units of
21 local government for the performance of inspecting,
22 investigating and enforcement activities pursuant to
23 subsection (r) of Section 4 at used and waste tire
24 sites.
25            (v) To provide financial assistance for used and
26 waste tire collection projects sponsored by local

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1 government or not-for-profit corporations.
2            (vi) For the costs of fee collection and
3 administration relating to used and waste tires, and
4 to accomplish such other purposes as are authorized by
5 this Act and regulations thereunder.
6            (vii) To provide financial assistance to units of
7 local government and private industry for the purposes
8 of:
9                (A) assisting in the establishment of
10 facilities and programs to collect, process, and
11 utilize used and waste tires and tire-derived
12 materials;
13                (B) demonstrating the feasibility of
14 innovative technologies as a means of collecting,
15 storing, processing, and utilizing used and waste
16 tires and tire-derived materials; and
17                (C) applying demonstrated technologies as a
18 means of collecting, storing, processing, and
19 utilizing used and waste tires and tire-derived
20 materials.
21        (2) (Blank).
22        (2.1) For the fiscal year beginning July 1, 2004 and
23 for all fiscal years thereafter, 23% shall be deposited
24 into the General Revenue Fund. Prior to the fiscal year
25 beginning July 1, 2023, such transfers are at the
26 direction of the Department of Revenue, and shall be made

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1 within 30 days after the end of each quarter. Beginning
2 with the fiscal year beginning July 1, 2023, such
3 transfers are at the direction of the Agency and shall be
4 made within 30 days after the end of each quarter.
5        (3) 25% shall be available to the Illinois Department
6 of Public Health for the following purposes:
7            (A) To investigate threats or potential threats to
8 the public health related to mosquitoes and other
9 vectors of disease associated with the improper
10 storage, handling and disposal of tires, improper
11 waste disposal, or natural conditions.
12            (B) To conduct surveillance and monitoring
13 activities for mosquitoes and other arthropod vectors
14 of disease, and surveillance of animals which provide
15 a reservoir for disease-producing organisms.
16            (C) To conduct training activities to promote
17 vector control programs and integrated pest management
18 as defined in the Vector Control Act.
19            (D) To respond to inquiries, investigate
20 complaints, conduct evaluations and provide technical
21 consultation to help reduce or eliminate public health
22 hazards and nuisance conditions associated with
23 mosquitoes and other vectors.
24            (E) To provide financial assistance to units of
25 local government for training, investigation and
26 response to public nuisances associated with

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1 mosquitoes and other vectors of disease.
2        (4) 2% shall be available to the Department of
3 Agriculture for its activities under the Illinois
4 Pesticide Act relating to used and waste tires.
5        (5) 2% shall be available to the Pollution Control
6 Board for administration of its activities relating to
7 used and waste tires.
8        (6) 10% shall be available to the University of
9 Illinois for the Prairie Research Institute to perform
10 research to study the biology, distribution, population
11 ecology, and biosystematics of tire-breeding arthropods,
12 especially mosquitoes, and the diseases they spread.
13    (d) By January 1, 1998, and biennially thereafter, each
14State agency receiving an appropriation from the Used Tire
15Management Fund shall report to the Governor and the General
16Assembly on its activities relating to the Fund.
17    (e) Any monies appropriated from the Used Tire Management
18Fund, but not obligated, shall revert to the Fund.
19    (f) In administering the provisions of subdivisions (1),
20(2) and (3) of subsection (c) of this Section, the Agency, the
21Department of Commerce and Economic Opportunity, and the
22Illinois Department of Public Health shall ensure that
23appropriate funding assistance is provided to any municipality
24with a population over 1,000,000 or to any sanitary district
25which serves a population over 1,000,000.
26    (g) Pursuant to appropriation, monies in excess of $4

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1million per fiscal year from the Used Tire Management Fund
2shall be used as follows:
3        (1) 55% shall be available to the Agency and, in State
4 fiscal years year 2025 and 2026 only, the Department of
5 Commerce and Economic Opportunity for the following
6 purposes, provided that priority shall be given to
7 subparagraph (A):
8            (A) To undertake preventive, corrective or renewed
9 action as authorized by and in accordance with Section
10 55.3 and to recover costs in accordance with Section
11 55.3.
12            (B) To provide financial assistance to units of
13 local government and private industry for the purposes
14 of:
15                (i) assisting in the establishment of
16 facilities and programs to collect, process, and
17 utilize used and waste tires and tire-derived
18 materials;
19                (ii) demonstrating the feasibility of
20 innovative technologies as a means of collecting,
21 storing, processing, and utilizing used and waste
22 tires and tire-derived materials; and
23                (iii) applying demonstrated technologies as a
24 means of collecting, storing, processing, and
25 utilizing used and waste tires and tire-derived
26 materials.

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1            (C) To provide grants to public universities and
2 private industry for research and development related
3 to reducing the toxicity of tires and tire materials,
4 vector-related research, disease-related research, and
5 related laboratory-based equipment and field-based
6 equipment.
7        (2) (Blank).
8        (3) For the fiscal year beginning July 1, 2004 and for
9 all fiscal years thereafter, 45% shall be deposited into
10 the General Revenue Fund. Prior to the fiscal year
11 beginning July 1, 2023, such transfers are at the
12 direction of the Department of Revenue, and shall be made
13 within 30 days after the end of each quarter. Beginning
14 with the fiscal year beginning July 1, 2023, such
15 transfers are at the direction of the Agency and shall be
16 made within 30 days after the end of each quarter.
17(Source: P.A. 103-363, eff. 7-28-23; 103-588, eff. 6-5-24.)
18    (415 ILCS 5/57.11)
19    Sec. 57.11. Underground Storage Tank Fund; creation.
20    (a) There is hereby created in the State Treasury a
21special fund to be known as the Underground Storage Tank Fund.
22There shall be deposited into the Underground Storage Tank
23Fund all moneys received by the Office of the State Fire
24Marshal as fees for underground storage tanks under Sections 4
25and 5 of the Gasoline Storage Act, fees pursuant to the Motor

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1Fuel Tax Law, and beginning July 1, 2013, payments pursuant to
2the Use Tax Act, the Service Use Tax Act, the Service
3Occupation Tax Act, and the Retailers' Occupation Tax Act. All
4amounts held in the Underground Storage Tank Fund shall be
5invested at interest by the State Treasurer. All income earned
6from the investments shall be deposited into the Underground
7Storage Tank Fund no less frequently than quarterly. In
8addition to any other transfers that may be provided for by
9law, beginning on July 1, 2018 and on the first day of each
10month thereafter during fiscal years 2019 through 2026 2025    
11only, the State Comptroller shall direct and the State
12Treasurer shall transfer an amount equal to 1/12 of
13$10,000,000 from the Underground Storage Tank Fund to the
14General Revenue Fund. Moneys in the Underground Storage Tank
15Fund, pursuant to appropriation, may be used by the Agency and
16the Office of the State Fire Marshal for the following
17purposes:
18        (1) To take action authorized under Section 57.12 to
19 recover costs under Section 57.12.
20        (2) To assist in the reduction and mitigation of
21 damage caused by leaks from underground storage tanks,
22 including, but not limited to, providing alternative water
23 supplies to persons whose drinking water has become
24 contaminated as a result of those leaks.
25        (3) To be used as a matching amount toward towards    
26 federal assistance relative to the release of petroleum

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1 from underground storage tanks.
2        (4) For the costs of administering activities of the
3 Agency and the Office of the State Fire Marshal relative
4 to the Underground Storage Tank Fund.
5        (5) For payment of costs of corrective action incurred
6 by and indemnification to operators of underground storage
7 tanks as provided in this Title.
8        (6) For a total of 2 demonstration projects in amounts
9 in excess of a $10,000 deductible charge designed to
10 assess the viability of corrective action projects at
11 sites which have experienced contamination from petroleum
12 releases. Such demonstration projects shall be conducted
13 in accordance with the provision of this Title.
14        (7) Subject to appropriation, moneys in the
15 Underground Storage Tank Fund may also be used by the
16 Department of Revenue for the costs of administering its
17 activities relative to the Fund and for refunds provided
18 for in Section 13a.8 of the Motor Fuel Tax Law.
19    (b) Moneys in the Underground Storage Tank Fund may,
20pursuant to appropriation, be used by the Office of the State
21Fire Marshal or the Agency to take whatever emergency action
22is necessary or appropriate to assure that the public health
23or safety is not threatened whenever there is a release or
24substantial threat of a release of petroleum from an
25underground storage tank and for the costs of administering
26its activities relative to the Underground Storage Tank Fund.

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1    (c) Beginning July 1, 1993, the Governor shall certify to
2the State Comptroller and State Treasurer the monthly amount
3necessary to pay debt service on State obligations issued
4pursuant to Section 6 of the General Obligation Bond Act. On
5the last day of each month, the Comptroller shall order
6transferred and the Treasurer shall transfer from the
7Underground Storage Tank Fund to the General Obligation Bond
8Retirement and Interest Fund the amount certified by the
9Governor, plus any cumulative deficiency in those transfers
10for prior months.
11    (d) Except as provided in subsection (c) of this Section,
12the Underground Storage Tank Fund is not subject to
13administrative charges authorized under Section 8h of the
14State Finance Act that would in any way transfer any funds from
15the Underground Storage Tank Fund into any other fund of the
16State.
17    (e) Each fiscal year, subject to appropriation, the Agency
18may commit up to $10,000,000 of the moneys in the Underground
19Storage Tank Fund to the payment of corrective action costs
20for legacy sites that meet one or more of the following
21criteria as a result of the underground storage tank release:
22(i) the presence of free product, (ii) contamination within a
23regulated recharge area, a wellhead protection area, or the
24setback zone of a potable water supply well, (iii)
25contamination extending beyond the boundaries of the site
26where the release occurred, or (iv) such other criteria as may

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1be adopted in Agency rules.
2        (1) Fund moneys committed under this subsection (e)
3 shall be held in the Fund for payment of the corrective
4 action costs for which the moneys were committed.
5        (2) The Agency may adopt rules governing the
6 commitment of Fund moneys under this subsection (e).
7        (3) This subsection (e) does not limit the use of Fund
8 moneys at legacy sites as otherwise provided under this
9 Title.
10        (4) For the purposes of this subsection (e), the term
11 "legacy site" means a site for which (i) an underground
12 storage tank release was reported prior to January 1,
13 2005, (ii) the owner or operator has been determined
14 eligible to receive payment from the Fund for corrective
15 action costs, and (iii) the Agency did not receive any
16 applications for payment prior to January 1, 2010.
17    (f) Beginning July 1, 2013, if the amounts deposited into
18the Fund from moneys received by the Office of the State Fire
19Marshal as fees for underground storage tanks under Sections 4
20and 5 of the Gasoline Storage Act and as fees pursuant to the
21Motor Fuel Tax Law during a State fiscal year are sufficient to
22pay all claims for payment by the fund received during that
23State fiscal year, then the amount of any payments into the
24fund pursuant to the Use Tax Act, the Service Use Tax Act, the
25Service Occupation Tax Act, and the Retailers' Occupation Tax
26Act during that State fiscal year shall be deposited as

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1follows: 75% thereof shall be paid into the State treasury and
225% shall be reserved in a special account and used only for
3the transfer to the Common School Fund as part of the monthly
4transfer from the General Revenue Fund in accordance with
5Section 8a of the State Finance Act.
6(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
7103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
8    Section 5-102. The Open Space Lands Acquisition and
9Development Act is amended by changing Section 3 as follows:
10    (525 ILCS 35/3)    (from Ch. 85, par. 2103)
11    Sec. 3. From appropriations made from the Capital
12Development Fund, Build Illinois Bond Fund or other available
13or designated funds for such purposes, the Department shall
14make grants to local governments as financial assistance for
15the capital development and improvement of park, recreation or
16conservation areas, marinas and shorelines, including planning
17and engineering costs, and for the acquisition of open space
18lands, including acquisition of easements and other property
19interests less than fee simple ownership if the Department
20determines that such property interests are sufficient to
21carry out the purposes of this Act, subject to the conditions
22and limitations set forth in this Act.
23    No more than 10% of the amount so appropriated for any
24fiscal year may be committed or expended on any one project

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1described in an application under this Act.
2    Except for grants awarded from new appropriations in
3fiscal years 2023 through fiscal year 2026 2025, any grant
4under this Act to a local government shall be conditioned upon
5the state providing assistance on a 50/50 matching basis for
6the acquisition of open space lands and for capital
7development and improvement proposals. However, a local
8government defined as "distressed" under criteria adopted by
9the Department through administrative rule shall be eligible
10for assistance up to 90% for the acquisition of open space
11lands and for capital development and improvement proposals,
12provided that no more than 10% of the amount appropriated
13under this Act in any fiscal year is made available as grants
14to distressed local governments. For grants awarded from new
15appropriations in fiscal years 2023 through fiscal year 2026    
162025 only, a local government defined as "distressed" is
17eligible for assistance up to 100% for the acquisition of open
18space lands and for capital development and improvement
19proposals. The Department may make more than 10% of the amount
20appropriated in fiscal years 2023 through fiscal year 2026    
212025 available as grants to distressed local governments.
22    An advance payment of a minimum of 50% of any grant made to
23a unit of local government under this Act must be paid to the
24unit of local government at the time the Department awards the
25grant. A unit of local government may opt out of the advanced
26payment option at the time of the award of the grant. The

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1remainder of the grant shall be distributed to the local
2government quarterly on a reimbursement basis. The Department
3shall consider an applicant's request for an extension to a
4grant under this Act if (i) the advanced payment is expended or
5legally obligated within the 2 years required by Section 5 of
6the Illinois Grant Funds Recovery Act or (ii) no advanced
7payment was made.
8(Source: P.A. 102-200, eff. 7-30-21; 102-699, eff. 4-19-22;
9103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
10    Section 5-103. The Pretrial Services Act is amended by
11changing Sections 0.02, 1, 25, 26, and 33 as follows:
12    (725 ILCS 185/0.02)
13    (This Section may contain text from a Public Act with a
14delayed effective date)
15    Sec. 0.02. Definitions. In this Act:
16    "Director" means the Director of the Office of Statewide
17Pretrial Services.
18    "Division" has the meaning provided in Section 9b of the
19Probation and Probation Officers Act.    
20    "Local pretrial services agency" means a pretrial services
21agency other than the Office who is providing pretrial
22services.
23    "Pretrial services agency" means any agency providing
24services to the circuit court as provided for in this Act,

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1including the Office.
2    "Office" means the Office of Statewide Pretrial Services.
3    "Peace officer" includes pretrial officers.
4    "Pretrial officer" means a person employed with the Office
5or with a local pretrial services agency who (i) has taken and
6subscribed to an oath as set forth in this Act and (ii)
7provides pretrial services to a court under this Act.    
8(Source: P.A. 103-602, eff. 7-1-25.)
9    (725 ILCS 185/1)    (from Ch. 38, par. 301)
10    (Text of Section before amendment by P.A. 103-602)
11    Sec. 1. Each circuit court shall establish a pretrial
12services agency to provide the court with accurate background
13data regarding the pretrial release of persons charged with
14felonies and effective supervision of compliance with the
15terms and conditions imposed on release.
16(Source: P.A. 84-1449.)
17    (Text of Section after amendment by P.A. 103-602)
18    Sec. 1. Pretrial services shall be provided by a local
19pretrial services agency or the Office.
20    (a) The pretrial services agency shall provide the circuit
21court with accurate background data regarding the pretrial
22release of persons charged with felonies and effective
23supervision of compliance with the terms and conditions
24imposed on release.

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1    (b) Before entering upon the duties of office, each
2pretrial officer shall take and subscribe to an oath to
3support the constitution and laws of the United States and the
4State of Illinois and to perform faithfully the duties of that
5office.
6        (1) Pretrial officers employed by local pretrial
7 services agencies shall take the oath before the Chief
8 Judge of their circuit or the Chief Judge's designee.
9        (2) Pretrial officers employed by the Office shall
10 take the oath before the Director or the Director's
11 designee.
12(Source: P.A. 103-602, eff. 7-1-25.)
13    (725 ILCS 185/25)    (from Ch. 38, par. 325)
14    Sec. 25. The pretrial services agency shall provide
15written notification to supervised persons of court appearance
16obligations, and may require their periodic reporting by
17letter, telephone or personal appearance to verify such
18compliance.
19(Source: P.A. 84-1449.)
20    (725 ILCS 185/26)    (from Ch. 38, par. 326)
21    Sec. 26. The pretrial services agency Agency personnel    
22shall regularly monitor the arrest records of local law
23enforcement agencies to determine whether any supervised
24person has been formally charged with the commission of a new

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1offense in violation of the uniform release order. In such
2event, the agency shall prepare a formal report of that fact
3and present same to the court. A copy shall be provided to the
4prosecuting officer.
5(Source: P.A. 84-1449.)
6    (725 ILCS 185/33)    (from Ch. 38, par. 333)
7    (Text of Section before amendment by P.A. 103-602)
8    Sec. 33. The Supreme Court shall pay from funds
9appropriated to it for this purpose 100% of all approved costs
10for pretrial services, including pretrial services officers,
11necessary support personnel, travel costs reasonably related
12to the delivery of pretrial services, space costs, equipment,
13telecommunications, postage, commodities, printing and
14contractual services. Costs shall be reimbursed monthly, based
15on a plan and budget approved by the Supreme Court. No
16department may be reimbursed for costs which exceed or are not
17provided for in the approved plan and budget. The Mandatory
18Arbitration Fund may be used to reimburse approved costs for
19pretrial services.
20(Source: P.A. 94-91, eff. 7-1-05; 94-839, eff. 6-6-06; 95-331,
21eff. 8-21-07; 95-707, eff. 1-11-08.)
22    (Text of Section after amendment by P.A. 103-602)
23    Sec. 33. The Office shall pay from funds appropriated to
24it for this purpose 100% of the salary for all pretrial officer

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1and pretrial supervisor positions employed by local pretrial
2services agencies to implement the services set forth in this
3Act and that have been approved for reimbursement by the
4Office. all approved costs for pretrial services, including
5pretrial services officers, necessary support personnel,
6travel costs reasonably related to the delivery of pretrial
7services, space costs, equipment, telecommunications, postage,
8commodities, printing and contractual services.    
9        (1) Each local pretrial services agency shall submit
10 an annual plan and budget to the Office setting forth all
11 pretrial officer and pretrial supervisor positions and
12 current funding sources for each position.    
13        (2) Costs shall be reimbursed monthly, based on an
14 annual plan and budget approved by the Office. No local
15 pretrial services agency department may be reimbursed for
16 costs which exceed or are not provided for in the approved
17 annual plan and budget.
18        (3) The salary, or portions thereof, of a pretrial
19 officer or pretrial supervisor shall not be reimbursed by
20 both the Division and the Office when the pretrial officer
21 or pretrial supervisor performs duties under both this Act
22 and Section 12 of the Probation and Probation Officers
23 Act.
24            (A) The Division and the Office shall annually
25 identify all positions that perform duties under both
26 this Act and the Probation and Probation Officers Act.

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1            (B) For each position identified under
2 subparagraph (A) that is eligible for reimbursement,
3 the Division and the Office shall determine whether
4 the position will be reimbursed by the Division
5 pursuant to the Probation and Probation Officers Act,
6 by the Office under this Act, or by another source.    
7(Source: P.A. 103-602, eff. 7-1-25.)
8    Section 5-105. The Revised Uniform Unclaimed Property Act
9is amended by changing Section 15-801 as follows:
10    (765 ILCS 1026/15-801)
11    Sec. 15-801. Deposit of funds by administrator.
12    (a) Except as otherwise provided in this Section, the
13administrator shall deposit in the Unclaimed Property Trust
14Fund all funds received under this Act, including proceeds
15from the sale of property under Article 7. The administrator
16may deposit any amount in the Unclaimed Property Trust Fund
17into the State Pensions Fund during the fiscal year at his or
18her discretion; however, he or she shall, on April 15 and
19October 15 of each year, deposit any amount in the Unclaimed
20Property Trust Fund exceeding $2,500,000 into the State
21Pensions Fund. If on either April 15 or October 15, the
22administrator determines that a balance of $2,500,000 is
23insufficient for the prompt payment of unclaimed property
24claims authorized under this Act, the administrator may retain

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1more than $2,500,000 in the Unclaimed Property Trust Fund in
2order to ensure the prompt payment of claims. Beginning in
3State fiscal year 2027 2026, all amounts that are deposited
4into the State Pensions Fund from the Unclaimed Property Trust
5Fund shall be apportioned to the designated retirement systems
6as provided in subsection (c-6) of Section 8.12 of the State
7Finance Act to reduce their actuarial reserve deficiencies.
8    (b) The administrator shall make prompt payment of claims
9he or she duly allows as provided for in this Act from the
10Unclaimed Property Trust Fund. This shall constitute an
11irrevocable and continuing appropriation of all amounts in the
12Unclaimed Property Trust Fund necessary to make prompt payment
13of claims duly allowed by the administrator pursuant to this
14Act.
15(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
16103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
17    Section 5-106. The Illinois Works Jobs Program Act is
18amended by changing Section 20-15 as follows:
19    (30 ILCS 559/20-15)
20    Sec. 20-15. Illinois Works Preapprenticeship Program;
21Illinois Works Bid Credit Program.
22    (a) The Illinois Works Preapprenticeship Program is
23established and shall be administered by the Department. The
24goal of the Illinois Works Preapprenticeship Program is to

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1create a network of community-based organizations throughout
2the State that will recruit, prescreen, and provide
3preapprenticeship skills training, for which participants may
4attend free of charge and receive a stipend, to create a
5qualified, diverse pipeline of workers who are prepared for
6careers in the construction and building trades. Upon
7completion of the Illinois Works Preapprenticeship Program,
8the candidates will be skilled and work-ready.
9    (b) There is created the Illinois Works Fund, a special
10fund in the State treasury. The Illinois Works Fund shall be
11administered by the Department. The Illinois Works Fund shall
12be used to provide funding for community-based organizations
13throughout the State. In addition to any other transfers that
14may be provided for by law, on and after July 1, 2019 at the
15direction of the Director of the Governor's Office of
16Management and Budget, the State Comptroller shall direct and
17the State Treasurer shall transfer amounts not exceeding a
18total of $50,000,000 from the Rebuild Illinois Projects Fund
19to the Illinois Works Fund.
20    (b-5) In addition to any other transfers that may be
21provided for by law, beginning July 1, 2024 and each July 1
22thereafter, or as soon thereafter as practical, the State
23Comptroller shall direct and the State Treasurer shall
24transfer $27,500,000 $20,000,000 from the Capital Projects
25Fund to the Illinois Works Fund.
26    (c) Each community-based organization that receives

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1funding from the Illinois Works Fund shall provide an annual
2report to the Illinois Works Review Panel by April 1 of each
3calendar year. The annual report shall include the following
4information:
5        (1) a description of the community-based
6 organization's recruitment, screening, and training
7 efforts;
8        (2) the number of individuals who apply to,
9 participate in, and complete the community-based
10 organization's program, broken down by race, gender, age,
11 and veteran status; and
12    (3) the number of the individuals referenced in item (2)
13 of this subsection who are initially accepted and placed
14 into apprenticeship programs in the construction and
15 building trades.
16    (d) The Department shall create and administer the
17Illinois Works Bid Credit Program that shall provide economic
18incentives, through bid credits, to encourage contractors and
19subcontractors to provide contracting and employment
20opportunities to historically underrepresented populations in
21the construction industry.
22    The Illinois Works Bid Credit Program shall allow
23contractors and subcontractors to earn bid credits for use
24toward future bids for public works projects contracted by the
25State or an agency of the State in order to increase the
26chances that the contractor and the subcontractors will be

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1selected.
2    Contractors or subcontractors may be eligible to earn bid
3credits for employing apprentices who have completed the
4Illinois Works Preapprenticeship Program. Contractors or
5subcontractors shall earn bid credits at a rate established by
6the Department and based on labor hours worked by apprentices
7who have completed the Illinois Works Preapprenticeship
8Program. In order to earn bid credits, contractors and
9subcontractors shall provide the Department with certified
10payroll documenting the hours performed by apprentices who
11have completed the Illinois Works Preapprenticeship Program.
12Contractors and subcontractors can use bid credits toward
13future bids for public works projects contracted or funded by
14the State or an agency of the State in order to increase the
15likelihood of being selected as the contractor for the public
16works project toward which they have applied the bid credit.
17The Department shall establish the rate by rule and shall
18publish it on the Department's website. The rule may include
19maximum bid credits allowed per contractor, per subcontractor,
20per apprentice, per bid, or per year.
21    The Illinois Works Credit Bank is hereby created and shall
22be administered by the Department. The Illinois Works Credit
23Bank shall track the bid credits.
24    A contractor or subcontractor who has been awarded bid
25credits under any other State program for employing
26apprentices who have completed the Illinois Works

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1Preapprenticeship Program is not eligible to receive bid
2credits under the Illinois Works Bid Credit Program relating
3to the same contract.
4    The Department shall report to the Illinois Works Review
5Panel the following: (i) the number of bid credits awarded by
6the Department; (ii) the number of bid credits submitted by
7the contractor or subcontractor to the agency administering
8the public works contract; and (iii) the number of bid credits
9accepted by the agency for such contract. Any agency that
10awards bid credits pursuant to the Illinois Works Credit Bank
11Program shall report to the Department the number of bid
12credits it accepted for the public works contract.
13    Upon a finding that a contractor or subcontractor has
14reported falsified records to the Department in order to
15fraudulently obtain bid credits, the Department may bar the
16contractor or subcontractor from participating in the Illinois
17Works Bid Credit Program and may suspend the contractor or
18subcontractor from bidding on or participating in any public
19works project. False or fraudulent claims for payment relating
20to false bid credits may be subject to damages and penalties
21under applicable law.
22    (e) The Department shall adopt any rules deemed necessary
23to implement this Section. In order to provide for the
24expeditious and timely implementation of this Act, the
25Department may adopt emergency rules. The adoption of
26emergency rules authorized by this subsection is deemed to be

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1necessary for the public interest, safety, and welfare.
2(Source: P.A. 103-8, eff. 6-7-23; 103-305, eff. 7-28-23;
3103-588, eff. 6-5-24; 103-605, eff. 7-1-24.)
4    Section 5-108. The University of Illinois Act is amended
5by changing Section 7 as follows:
6    (110 ILCS 305/7)    (from Ch. 144, par. 28)
7    Sec. 7. Powers of trustees.
8    (a) The trustees shall have power to provide for the
9requisite buildings, apparatus, and conveniences; to fix the
10rates for tuition; to appoint such professors and instructors,
11and to establish and provide for the management of such model
12farms, model art, and other departments and professorships, as
13may be required to teach, in the most thorough manner, such
14branches of learning as are related to agriculture and the
15mechanic arts, and military tactics, without excluding other
16scientific and classical studies. The trustees shall, upon the
17written request of an employee withhold from the compensation
18of that employee any dues, payments or contributions payable
19by such employee to any labor organization as defined in the
20Illinois Educational Labor Relations Act. Under such
21arrangement, an amount shall be withheld from each regular
22payroll period which is equal to the pro rata share of the
23annual dues plus any payments or contributions, and the
24trustees shall transmit such withholdings to the specified

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1labor organization within 10 working days from the time of the
2withholding. They may accept the endowments and voluntary
3professorships or departments in the University, from any
4person or persons or corporations who may offer the same, and,
5at any regular meeting of the board, may prescribe rules and
6regulations in relation to such endowments and declare on what
7general principles they may be admitted: Provided, that such
8special voluntary endowments or professorships shall not be
9incompatible with the true design and scope of the act of
10congress, or of this Act: Provided, that no student shall at
11any time be allowed to remain in or about the University in
12idleness, or without full mental or industrial occupation: And
13provided further, that the trustees, in the exercise of any of
14the powers conferred by this Act, shall not create any
15liability or indebtedness in excess of the funds in the hands
16of the treasurer of the University at the time of creating such
17liability or indebtedness, and which may be specially and
18properly applied to the payment of the same. Except as
19otherwise provided in this Section, any lease to the trustees
20of lands, buildings or facilities which will support
21scientific research and development in such areas as high
22technology, super computing, microelectronics, biotechnology,
23robotics, physics and engineering shall be for a term not to
24exceed 18 years, and may grant to the trustees the option to
25purchase the lands, buildings or facilities. The lease shall
26recite that it is subject to termination and cancellation in

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1any year for which the General Assembly fails to make an
2appropriation to pay the rent payable under the terms of the
3lease.
4    Leases for the purposes described herein exceeding 5 years
5shall have the approval of the Illinois Board of Higher
6Education.
7    The Board of Trustees may, directly or in cooperation with
8other institutions of higher education, acquire by purchase or
9lease or otherwise, and construct, enlarge, improve, equip,
10complete, operate, control and manage medical research and
11high technology parks, together with the necessary lands,
12buildings, facilities, equipment and personal property
13therefor, to encourage and facilitate (a) the location and
14development of business and industry in the State of Illinois,
15and (b) the increased application and development of
16technology and (c) the improvement and development of the
17State's economy. The Board of Trustees may lease to nonprofit
18corporations all or any part of the land, buildings,
19facilities, equipment or other property included in a medical
20research and high technology park upon such terms and
21conditions as the University of Illinois may deem advisable
22and enter into any contract or agreement with such nonprofit
23corporations as may be necessary or suitable for the
24construction, financing, operation and maintenance and
25management of any such park; and may lease to any person, firm,
26partnership or corporation, either public or private, any part

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1or all of the land, building, facilities, equipment or other
2property of such park for such purposes and upon such rentals,
3terms and conditions as the University may deem advisable; and
4may finance all or part of the cost of any such park, including
5the purchase, lease, construction, reconstruction,
6improvement, remodeling, addition to, and extension and
7maintenance of all or part of such high technology park, and
8all equipment and furnishings, by legislative appropriations,
9government grants, contracts, private gifts, loans, receipts
10from the operation of such high technology park, rentals and
11similar receipts; and may make its other facilities and
12services available to tenants or other occupants of any such
13park at rates which are reasonable and appropriate.
14    The Board of Trustees may, directly or in cooperation with
15other members and partners of the collaborative research and
16academic initiative known as the Chicago Quantum Exchange,
17including, without limitation, other institutions of higher
18education, hereinafter each individually referred to as a "CQE
19partner", finance, design, construct, enlarge, improve, equip,
20complete, operate, control, and manage a facility or
21facilities for the research and development of quantum
22information sciences and technologies, hereinafter referred to
23as the "quantum science facilities". Notwithstanding any other
24provision of applicable law: (1) the quantum science
25facilities may be located on land owned by the Board of
26Trustees or a CQE partner; and (2) costs incurred in

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1connection with the design, construction, enlargement,
2improvement, equipping, and completion of the quantum science
3facilities may be paid with funds appropriated to the Capital
4Development Board from the Build Illinois Bond Fund for a
5grant to the Board of Trustees for the quantum science
6facilities, whether the quantum science facilities are located
7on land owned by the Board of Trustees or by a CQE partner;
8provided, however, that if any quantum science facilities are
9located on land owned by a CQE partner, the use of such grant
10funds shall be subject to, and contingent upon, the lease by
11the Board of Trustees, as lessee, of a portion of such quantum
12science facilities for a term equal to at least the useful life
13of such quantum science facilities. The leased premises under
14any such lease shall bear a reasonable relationship to the
15proportional share of the costs paid by such grant funds. Any
16such lease shall give the Board of Trustees the right to
17terminate the lease before the expiration of its term if the
18General Assembly fails to appropriate sufficient funds to pay
19rent due under the lease.
20    Notwithstanding any other provision of law, the Board of
21Trustees may sell, lease, or otherwise transfer and convey all
22or part of real estate deemed by the Board of Trustees to be
23surplus real estate, together with any improvements situated
24thereon, to a State agency, with or without an exchange of
25value, on such terms as the Board of Trustees shall determine
26are in the best interests of the University and consistent

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1with that institution's objects and purposes. Any proceeds
2from the sale, lease, or other transfer of all or any part of
3real estate deemed surplus real estate, including any
4improvements situated thereon, are subject to the terms of
5subsection (c) of Section 7.8 of the State Property Control
6Act.    
7    The Trustees shall have power (a) to purchase real
8property and easements, and (b) to acquire real property and
9easements in the manner provided by law for the exercise of the
10right of eminent domain, and in the event negotiations for the
11acquisition of real property or easements for making any
12improvement which the Trustees are authorized to make shall
13have proven unsuccessful and the Trustees shall have by
14resolution adopted a schedule or plan of operation for the
15execution of the project and therein made a finding that it is
16necessary to take such property or easements immediately or at
17some specified later date in order to comply with the
18schedule, the Trustees may acquire such property or easements
19in the same manner provided in Article 20 of the Eminent Domain
20Act (quick-take procedure).
21    The Board of Trustees also shall have power to agree with
22the State's Attorney of the county in which any properties of
23the Board are located to pay for services rendered by the
24various taxing districts for the years 1944 through 1949 and
25to pay annually for services rendered thereafter by such
26district such sums as may be determined by the Board upon

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1properties used solely for income producing purposes, title to
2which is held by said Board of Trustees, upon properties
3leased to members of the staff of the University of Illinois,
4title to which is held in trust for said Board of Trustees and
5upon properties leased to for-profit entities the title to
6which properties is held by the Board of Trustees. A certified
7copy of any such agreement made with the State's Attorney
8shall be filed with the County Clerk and such sums shall be
9distributed to the respective taxing districts by the County
10Collector in such proportions that each taxing district will
11receive therefrom such proportion as the tax rate of such
12taxing district bears to the total tax rate that would be
13levied against such properties if they were not exempt from
14taxation under the Property Tax Code.
15    The Board of Trustees of the University of Illinois,
16subject to the applicable civil service law, may appoint
17persons to be members of the University of Illinois Police
18Department. Members of the Police Department shall be peace
19officers and as such have all powers possessed by policemen in
20cities, and sheriffs, including the power to make arrests on
21view or warrants of violations of state statutes and city or
22county ordinances, except that they may exercise such powers
23only in counties wherein the University and any of its
24branches or properties are located when such is required for
25the protection of university properties and interests, and its
26students and personnel, and otherwise, within such counties,

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1when requested by appropriate state or local law enforcement
2officials; provided, however, that such officer shall have no
3power to serve and execute civil processes.
4    The Board of Trustees must authorize to each member of the
5University of Illinois Police Department and to any other
6employee of the University of Illinois exercising the powers
7of a peace officer a distinct badge that, on its face, (i)
8clearly states that the badge is authorized by the University
9of Illinois and (ii) contains a unique identifying number. No
10other badge shall be authorized by the University of Illinois.
11Nothing in this paragraph prohibits the Board of Trustees from
12issuing shields or other distinctive identification to
13employees not exercising the powers of a peace officer if the
14Board of Trustees determines that a shield or distinctive
15identification is needed by the employee to carry out his or
16her responsibilities.
17    The Board of Trustees may own, operate, or govern, by or
18through the College of Medicine at Peoria, a managed care
19community network established under subsection (b) of Section
205-11 of the Illinois Public Aid Code.
21    The powers of the trustees as herein designated are
22subject to the provisions of "An Act creating a Board of Higher
23Education, defining its powers and duties, making an
24appropriation therefor, and repealing an Act herein named",
25approved August 22, 1961, as amended.
26    The Board of Trustees shall have the authority to adopt

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1all administrative rules which may be necessary for the
2effective administration, enforcement and regulation of all
3matters for which the Board has jurisdiction or
4responsibility.
5    (b) To assist in the provision of buildings and facilities
6beneficial to, useful for, or supportive of University
7purposes, the Board of Trustees of the University of Illinois
8may exercise the following powers with regard to the area
9located on or adjacent to the University of Illinois at
10Chicago campus and bounded as follows: on the West by Morgan
11Street; on the North by Roosevelt Road; on the East by Union
12Street; and on the South by 16th Street, in the City of
13Chicago:    
14        (1) Acquire any interests in land, buildings, or
15 facilities by purchase, including installments payable
16 over a period allowed by law, by lease over a term of such
17 duration as the Board of Trustees shall determine, or by
18 exercise of the power of eminent domain;    
19        (2) Sub-lease or contract to purchase through
20 installments all or any portion of buildings or facilities
21 for such duration and on such terms as the Board of
22 Trustees shall determine, including a term that exceeds 5
23 years, provided that each such lease or purchase contract
24 shall be and shall recite that it is subject to
25 termination and cancellation in any year for which the
26 General Assembly fails to make an appropriation to pay the

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1 rent or purchase installments payable under the terms of
2 such lease or purchase contract; and    
3        (3) Sell property without compliance with the State
4 Property Control Act and retain proceeds in the University
5 Treasury in a special, separate development fund account
6 which the Auditor General shall examine to assure
7 compliance with this Act.
8Any buildings or facilities to be developed on the land shall
9be buildings or facilities that, in the determination of the
10Board of Trustees, in whole or in part: (i) are for use by the
11University; or (ii) otherwise advance the interests of the
12University, including, by way of example, residential
13facilities for University staff and students and commercial
14facilities which provide services needed by the University
15community. Revenues from the development fund account may be
16withdrawn by the University for the purpose of demolition and
17the processes associated with demolition; routine land and
18property acquisition; extension of utilities; streetscape
19work; landscape work; surface and structure parking;
20sidewalks, recreational paths, and street construction; and
21lease and lease purchase arrangements and the professional
22services associated with the planning and development of the
23area. Moneys from the development fund account used for any
24other purpose must be deposited into and appropriated from the
25General Revenue Fund. Buildings or facilities leased to an
26entity or person other than the University shall not be

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1subject to any limitations applicable to a State supported
2college or university under any law. All development on the
3land and all use of any buildings or facilities shall be
4subject to the control and approval of the Board of Trustees.
5    (c) The Board of Trustees shall have the power to borrow
6money, as necessary, from time to time in anticipation of
7receiving tuition, payments from the State of Illinois, or
8other revenues or receipts of the University, also known as
9anticipated moneys. The borrowing limit shall be capped at
10100% of the total amount of payroll and other expense vouchers
11submitted and payable to the University for fiscal year 2010
12expenses, but unpaid by the State Comptroller's office. Prior
13to borrowing any funds, the University shall request from the
14Comptroller's office a verification of the borrowing limit and
15shall include the estimated date on which such borrowing shall
16occur. The borrowing limit cap shall be verified by the State
17Comptroller's office not prior to 45 days before any estimated
18date for executing any promissory note or line of credit
19established under this subsection (c). The principal amount
20borrowed under a promissory note or line of credit shall not
21exceed 75% of the borrowing limit. Within 15 days after
22borrowing funds under any promissory note or line of credit
23established under this subsection (c), the University shall
24submit to the Governor's Office of Management and Budget, the
25Speaker of the House of Representatives, the Minority Leader
26of the House of Representatives, the President of the Senate,

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1and the Minority Leader of the Senate an Emergency Short Term
2Cash Management Plan. The Emergency Short Term Cash Management
3Plan shall outline the amount borrowed, the terms for
4repayment, the amount of outstanding State vouchers as
5verified by the State Comptroller's office, and the
6University's plan for expenditure of any borrowed funds,
7including, but not limited to, a detailed plan to meet payroll
8obligations to include collective bargaining employees, civil
9service employees, and academic, research, and health care
10personnel. The establishment of any promissory note or line of
11credit established under this subsection (c) must be finalized
12within 90 days after the effective date of this amendatory Act
13of the 96th General Assembly. The borrowed moneys shall be
14applied to the purposes of paying salaries and other expenses
15lawfully authorized in the University's State appropriation
16and unpaid by the State Comptroller. Any line of credit
17established under this subsection (c) shall be paid in full
18one year after creation or within 10 days after the date the
19University receives reimbursement from the State for all
20submitted fiscal year 2010 vouchers, whichever is earlier. Any
21promissory note established under this subsection (c) shall be
22repaid within one year after issuance of the note. The
23Chairman, Comptroller, or Treasurer of the Board shall execute
24a promissory note or similar debt instrument to evidence the
25indebtedness incurred by the borrowing. In connection with a
26borrowing, the Board may establish a line of credit with a

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1financial institution, investment bank, or broker/dealer. The
2obligation to make the payments due under any promissory note
3or line of credit established under this subsection (c) shall
4be a lawful obligation of the University payable from the
5anticipated moneys. Any borrowing under this subsection (c)
6shall not constitute a debt, legal or moral, of the State and
7shall not be enforceable against the State. The promissory
8note or line of credit shall be authorized by a resolution
9passed by the Board and shall be valid whether or not a
10budgeted item with respect to that resolution is included in
11any annual or supplemental budget adopted by the Board. The
12resolution shall set forth facts demonstrating the need for
13the borrowing, state an amount that the amount to be borrowed
14will not exceed, and establish a maximum interest rate limit
15not to exceed the maximum rate authorized by the Bond
16Authorization Act or 9%, whichever is less. The resolution may
17direct the Comptroller or Treasurer of the Board to make
18arrangements to set apart and hold the portion of the
19anticipated moneys, as received, that shall be used to repay
20the borrowing, subject to any prior pledges or restrictions
21with respect to the anticipated moneys. The resolution may
22also authorize the Treasurer of the Board to make partial
23repayments of the borrowing as the anticipated moneys become
24available and may contain any other terms, restrictions, or
25limitations not inconsistent with the powers of the Board.
26    For the purposes of this subsection (c), "financial

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1institution" means any bank subject to the Illinois Banking
2Act, any savings and loan association subject to the Illinois
3Savings and Loan Act of 1985, and any federally chartered
4commercial bank or savings and loan association or
5government-sponsored enterprise organized and operated in this
6State pursuant to the laws of the United States.
7(Source: P.A. 102-16, eff. 6-17-21.)
8
Article 10.
9    Section 10-5. The Illinois Administrative Procedure Act is
10amended by adding Sections 5-45.61 and 5-45.62 as follows:
11    (5 ILCS 100/5-45.61 new)
12    Sec. 5-45.61. Emergency rulemaking; Substance Use Disorder
13Act. To provide for the expeditious and timely implementation
14of the changes made to Section 74 of the Mental Health and
15Developmental Disabilities Administrative Act by this
16amendatory Act of the 104th General, emergency rules
17implementing the changes made to that Section by this
18amendatory Act of the 104th General Assembly may be adopted in
19accordance with Section 5-45 by the Department of Human
20Services or any other agency essential to the implementation
21of the changes. The adoption of emergency rules authorized by
22Section 5-45 and this Section is deemed to be necessary for the
23public interest, safety, and welfare.

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1    This Section is repealed one year after the effective date
2of this Section.    
3    (5 ILCS 100/5-45.62 new)
4    Sec. 5-45.62. Emergency rulemaking; Illinois Public Aid
5Code. To provide for the expeditious and timely implementation
6of the changes made to the Illinois Public Aid Code by this
7amendatory Act of the 104th General Assembly, emergency rules
8implementing the changes made to that Code by this amendatory
9Act of the 104th General Assembly may be adopted in accordance
10with Section 5-45 by the Department of Healthcare and Family
11Services or any other agency essential to the implementation
12of the changes. The adoption of emergency rules authorized by
13Section 5-45 and this Section is deemed to be necessary for the
14public interest, safety, and welfare.
15    This Section is repealed one year after the effective date
16of this Section.    
17    Section 10-10. The Mental Health and Developmental
18Disabilities Administrative Act is amended by changing Section
1974 as follows:
20    (20 ILCS 1705/74)
21    Sec. 74. Rates and reimbursements.
22    (a) Within 30 days after July 6, 2017 (the effective date
23of Public Act 100-23), the Department shall increase rates and

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1reimbursements to fund a minimum of a $0.75 per hour wage
2increase for frontline front-line personnel, including, but
3not limited to, direct support professionals, aides, frontline    
4front-line supervisors, qualified intellectual disabilities
5professionals, nurses, and non-administrative support staff
6working in community-based provider organizations serving
7individuals with developmental disabilities. The Department
8shall adopt rules, including emergency rules under subsection
9(y) of Section 5-45 of the Illinois Administrative Procedure
10Act, to implement the provisions of this Section.
11    (b) Rates and reimbursements. Within 30 days after June 4,
122018 (the effective date of Public Act 100-587), the
13Department shall increase rates and reimbursements to fund a
14minimum of a $0.50 per hour wage increase for frontline    
15front-line personnel, including, but not limited to, direct
16support professionals, aides, frontline front-line    
17supervisors, qualified intellectual disabilities
18professionals, nurses, and non-administrative support staff
19working in community-based provider organizations serving
20individuals with developmental disabilities. The Department
21shall adopt rules, including emergency rules under subsection
22(bb) of Section 5-45 of the Illinois Administrative Procedure
23Act, to implement the provisions of this Section.
24    (c) Rates and reimbursements. Within 30 days after June 5,
252019 (the effective date of Public Act 101-10), subject to
26federal approval, the Department shall increase rates and

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1reimbursements in effect on June 30, 2019 for community-based
2providers for persons with Developmental Disabilities by 3.5%
3The Department shall adopt rules, including emergency rules
4under subsection (jj) of Section 5-45 of the Illinois
5Administrative Procedure Act, to implement the provisions of
6this Section, including wage increases for direct care staff.
7    (d) For community-based providers serving persons with
8intellectual/developmental disabilities, subject to federal
9approval of any relevant Waiver Amendment, the rates taking
10effect for services delivered on or after January 1, 2022,
11shall include an increase in the rate methodology sufficient
12to provide a $1.50 per hour wage increase for direct support
13professionals in residential settings and sufficient to
14provide wages for all residential non-executive direct care
15staff, excluding direct support professionals, at the federal
16Department of Labor, Bureau of Labor Statistics' average wage
17as defined in rule by the Department.
18    The establishment of and any changes to the rate
19methodologies for community-based services provided to persons
20with intellectual/developmental disabilities are subject to
21federal approval of any relevant Waiver Amendment and shall be
22defined in rule by the Department. The Department shall adopt
23rules, including emergency rules as authorized by Section 5-45
24of the Illinois Administrative Procedure Act, to implement the
25provisions of this subsection (d).
26    (e) For community-based providers serving persons with

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1intellectual/developmental disabilities, subject to federal
2approval of any relevant Waiver Amendment, the rates taking
3effect for services delivered on or after January 1, 2023,
4shall include an increase in the rate methodology sufficient
5to provide a $1.00 per hour wage increase for all direct
6support professionals and all other frontline personnel who
7are not subject to the Bureau of Labor Statistics' average
8wage increases, who work in residential and community day
9services settings, with at least $0.50 of those funds to be
10provided as a direct increase to base wages, with the
11remaining $0.50 to be used flexibly for base wage increases.
12In addition, the rates taking effect for services delivered on
13or after January 1, 2023 shall include an increase sufficient
14to provide wages for all residential non-executive direct care
15staff, excluding direct support professionals, at the federal
16Department of Labor, Bureau of Labor Statistics' average wage
17as defined in rule by the Department.
18    The establishment of and any changes to the rate
19methodologies for community-based services provided to persons
20with intellectual/developmental disabilities are subject to
21federal approval of any relevant Waiver Amendment and shall be
22defined in rule by the Department. The Department shall adopt
23rules, including emergency rules as authorized by Section 5-45
24of the Illinois Administrative Procedure Act, to implement the
25provisions of this subsection.
26    (f) For community-based providers serving persons with

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1intellectual/developmental disabilities, subject to federal
2approval of any relevant Waiver Amendment, the rates taking
3effect for services delivered on or after January 1, 2024
4shall include an increase in the rate methodology sufficient
5to provide a $2.50 per hour wage increase for all direct
6support professionals and all other frontline personnel who
7are not subject to the Bureau of Labor Statistics' average
8wage increases and who work in residential and community day
9services settings. At least $1.25 of the per hour wage
10increase shall be provided as a direct increase to base wages,
11and the remaining $1.25 of the per hour wage increase shall be
12used flexibly for base wage increases. In addition, the rates
13taking effect for services delivered on or after January 1,
142024 shall include an increase sufficient to provide wages for
15all residential non-executive direct care staff, excluding
16direct support professionals, at the federal Department of
17Labor, Bureau of Labor Statistics' average wage as defined in
18rule by the Department.
19    The establishment of and any changes to the rate
20methodologies for community-based services provided to persons
21with intellectual/developmental disabilities are subject to
22federal approval of any relevant Waiver Amendment and shall be
23defined in rule by the Department. The Department shall adopt
24rules, including emergency rules as authorized by Section 5-45
25of the Illinois Administrative Procedure Act, to implement the
26provisions of this subsection.

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1    (g) For community-based providers serving persons with
2intellectual or developmental disabilities, subject to federal
3approval of any relevant Waiver Amendment, the rates taking
4effect for services delivered on or after January 1, 2025
5shall include an increase in the rate methodology sufficient
6to provide a $1 per hour wage rate increase for all direct
7support personnel and all other frontline personnel who are
8not subject to the Bureau of Labor Statistics' average wage
9increases and who work in residential and community day
10services settings, with at least $0.75 of those funds to be
11provided as a direct increase to base wages and the remaining
12$0.25 to be used flexibly for base wage increases. These
13increases shall not be used by community-based providers for
14operational or administrative expenses. In addition, the rates
15taking effect for services delivered on or after January 1,
162025 shall include an increase sufficient to provide wages for
17all residential non-executive direct care staff, excluding
18direct support personnel, at the federal Department of Labor,
19Bureau of Labor Statistics' average wage as defined by rule by
20the Department. For services delivered on or after January 1,
212025, the rates shall include adjustments to
22employment-related expenses as defined by rule by the
23Department.
24    The establishment of and any changes to the rate
25methodologies for community-based services provided to persons
26with intellectual or developmental disabilities are subject to

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1federal approval of any relevant Waiver Amendment and shall be
2defined in rule by the Department. The Department shall adopt
3rules, including emergency rules as authorized by Section 5-45
4of the Illinois Administrative Procedure Act, to implement the
5provisions of this subsection.
6    (h) For community-based providers serving persons with
7intellectual or developmental disabilities, subject to federal
8approval of any relevant Waiver Amendment, the rates taking
9effect for services delivered on or after January 1, 2026
10shall include an increase in the rate methodology sufficient
11to provide a $0.80 per hour wage increase for all direct
12support personnel and all other frontline personnel who are
13not subject to the Bureau of Labor Statistics' average wage
14increases and who work in residential and community day
15services settings, with at least $0.60 of the per hour wage
16increase to be provided as a direct increase to base wages, and
17the remaining $0.20 of the per hour wage increase to be used
18flexibly for base wage increases. These increases shall not be
19used by community-based providers for operational or
20administrative expenses. In addition, the rates taking effect
21for services delivered on or after January 1, 2026 shall
22include an increase sufficient to provide wages for all
23residential non-executive direct care staff, excluding direct
24support personnel, at the federal Department of Labor, Bureau
25of Labor Statistics' average wage as defined in rule by the
26Department.    

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1    The establishment of and any changes to the rate
2methodologies for community-based services provided to persons
3with intellectual or developmental disabilities are subject to
4federal approval of any relevant Waiver Amendment and shall be
5defined in rule by the Department. The Department shall adopt
6rules, including emergency rules as authorized by Section 5-45
7of the Illinois Administrative Procedure Act, to implement the
8provisions of this subsection.    
9(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
10102-830, eff. 1-1-23; 103-8, eff. 6-7-23; 103-154, eff.
116-30-23; 103-588, eff. 6-5-24.)
12    Section 10-15. The Illinois Public Aid Code is amended by
13changing Section 5-5.4 as follows:
14    (305 ILCS 5/5-5.4)    (from Ch. 23, par. 5-5.4)
15    Sec. 5-5.4. Standards of payment; Department of Healthcare
16and Family Services. The Department of Healthcare and Family
17Services shall develop standards of payment of nursing
18facility and ICF/DD services in facilities providing such
19services under this Article which:
20    (1) Provide for the determination of a facility's payment
21for nursing facility or ICF/DD services on a prospective
22basis. The amount of the payment rate for all nursing
23facilities certified by the Department of Public Health under
24the ID/DD Community Care Act or the Nursing Home Care Act as

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1Intermediate Care for the Developmentally Disabled facilities,
2Long Term Care for Under Age 22 facilities, Skilled Nursing
3facilities, or Intermediate Care facilities under the medical
4assistance program shall be prospectively established annually
5on the basis of historical, financial, and statistical data
6reflecting actual costs from prior years, which shall be
7applied to the current rate year and updated for inflation,
8except that the capital cost element for newly constructed
9facilities shall be based upon projected budgets. The annually
10established payment rate shall take effect on July 1 in 1984
11and subsequent years. No rate increase and no update for
12inflation shall be provided on or after July 1, 1994, unless
13specifically provided for in this Section. The changes made by
14Public Act 93-841 extending the duration of the prohibition
15against a rate increase or update for inflation are effective
16retroactive to July 1, 2004.
17    For facilities licensed by the Department of Public Health
18under the Nursing Home Care Act as Intermediate Care for the
19Developmentally Disabled facilities or Long Term Care for
20Under Age 22 facilities, the rates taking effect on July 1,
211998 shall include an increase of 3%. For facilities licensed
22by the Department of Public Health under the Nursing Home Care
23Act as Skilled Nursing facilities or Intermediate Care
24facilities, the rates taking effect on July 1, 1998 shall
25include an increase of 3% plus $1.10 per resident-day, as
26defined by the Department. For facilities licensed by the

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1Department of Public Health under the Nursing Home Care Act as
2Intermediate Care Facilities for the Developmentally Disabled
3or Long Term Care for Under Age 22 facilities, the rates taking
4effect on January 1, 2006 shall include an increase of 3%. For
5facilities licensed by the Department of Public Health under
6the Nursing Home Care Act as Intermediate Care Facilities for
7the Developmentally Disabled or Long Term Care for Under Age
822 facilities, the rates taking effect on January 1, 2009
9shall include an increase sufficient to provide a $0.50 per
10hour wage increase for non-executive staff. For facilities
11licensed by the Department of Public Health under the ID/DD
12Community Care Act as ID/DD Facilities the rates taking effect
13within 30 days after July 6, 2017 (the effective date of Public
14Act 100-23) shall include an increase sufficient to provide a
15$0.75 per hour wage increase for non-executive staff. The
16Department shall adopt rules, including emergency rules under
17subsection (y) of Section 5-45 of the Illinois Administrative
18Procedure Act, to implement the provisions of this paragraph.
19For facilities licensed by the Department of Public Health
20under the ID/DD Community Care Act as ID/DD Facilities and
21under the MC/DD Act as MC/DD Facilities, the rates taking
22effect within 30 days after June 5, 2019 (the effective date of
23Public Act 101-10) shall include an increase sufficient to
24provide a $0.50 per hour wage increase for non-executive
25frontline front-line personnel, including, but not limited to,
26direct support persons, aides, frontline front-line    

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1supervisors, qualified intellectual disabilities
2professionals, nurses, and non-administrative support staff.
3The Department shall adopt rules, including emergency rules
4under subsection (bb) of Section 5-45 of the Illinois
5Administrative Procedure Act, to implement the provisions of
6this paragraph.
7    For facilities licensed by the Department of Public Health
8under the Nursing Home Care Act as Intermediate Care for the
9Developmentally Disabled facilities or Long Term Care for
10Under Age 22 facilities, the rates taking effect on July 1,
111999 shall include an increase of 1.6% plus $3.00 per
12resident-day, as defined by the Department. For facilities
13licensed by the Department of Public Health under the Nursing
14Home Care Act as Skilled Nursing facilities or Intermediate
15Care facilities, the rates taking effect on July 1, 1999 shall
16include an increase of 1.6% and, for services provided on or
17after October 1, 1999, shall be increased by $4.00 per
18resident-day, as defined by the Department.
19    For facilities licensed by the Department of Public Health
20under the Nursing Home Care Act as Intermediate Care for the
21Developmentally Disabled facilities or Long Term Care for
22Under Age 22 facilities, the rates taking effect on July 1,
232000 shall include an increase of 2.5% per resident-day, as
24defined by the Department. For facilities licensed by the
25Department of Public Health under the Nursing Home Care Act as
26Skilled Nursing facilities or Intermediate Care facilities,

10400HB1075sam003- 258 -LRB104 03072 JDS 27160 a
1the rates taking effect on July 1, 2000 shall include an
2increase of 2.5% per resident-day, as defined by the
3Department.
4    For facilities licensed by the Department of Public Health
5under the Nursing Home Care Act as skilled nursing facilities
6or intermediate care facilities, a new payment methodology
7must be implemented for the nursing component of the rate
8effective July 1, 2003. The Department of Public Aid (now
9Healthcare and Family Services) shall develop the new payment
10methodology using the Minimum Data Set (MDS) as the instrument
11to collect information concerning nursing home resident
12condition necessary to compute the rate. The Department shall
13develop the new payment methodology to meet the unique needs
14of Illinois nursing home residents while remaining subject to
15the appropriations provided by the General Assembly. A
16transition period from the payment methodology in effect on
17June 30, 2003 to the payment methodology in effect on July 1,
182003 shall be provided for a period not exceeding 3 years and
19184 days after implementation of the new payment methodology
20as follows:
21        (A) For a facility that would receive a lower nursing
22 component rate per patient day under the new system than
23 the facility received effective on the date immediately
24 preceding the date that the Department implements the new
25 payment methodology, the nursing component rate per
26 patient day for the facility shall be held at the level in

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1 effect on the date immediately preceding the date that the
2 Department implements the new payment methodology until a
3 higher nursing component rate of reimbursement is achieved
4 by that facility.
5        (B) For a facility that would receive a higher nursing
6 component rate per patient day under the payment
7 methodology in effect on July 1, 2003 than the facility
8 received effective on the date immediately preceding the
9 date that the Department implements the new payment
10 methodology, the nursing component rate per patient day
11 for the facility shall be adjusted.
12        (C) Notwithstanding paragraphs (A) and (B), the
13 nursing component rate per patient day for the facility
14 shall be adjusted subject to appropriations provided by
15 the General Assembly.
16    For facilities licensed by the Department of Public Health
17under the Nursing Home Care Act as Intermediate Care for the
18Developmentally Disabled facilities or Long Term Care for
19Under Age 22 facilities, the rates taking effect on March 1,
202001 shall include a statewide increase of 7.85%, as defined
21by the Department.
22    Notwithstanding any other provision of this Section, for
23facilities licensed by the Department of Public Health under
24the Nursing Home Care Act as skilled nursing facilities or
25intermediate care facilities, except facilities participating
26in the Department's demonstration program pursuant to the

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1provisions of Title 77, Part 300, Subpart T of the Illinois
2Administrative Code, the numerator of the ratio used by the
3Department of Healthcare and Family Services to compute the
4rate payable under this Section using the Minimum Data Set
5(MDS) methodology shall incorporate the following annual
6amounts as the additional funds appropriated to the Department
7specifically to pay for rates based on the MDS nursing
8component methodology in excess of the funding in effect on
9December 31, 2006:
10        (i) For rates taking effect January 1, 2007,
11 $60,000,000.
12        (ii) For rates taking effect January 1, 2008,
13 $110,000,000.
14        (iii) For rates taking effect January 1, 2009,
15 $194,000,000.
16        (iv) For rates taking effect April 1, 2011, or the
17 first day of the month that begins at least 45 days after
18 February 16, 2011 (the effective date of Public Act
19 96-1530), $416,500,000 or an amount as may be necessary to
20 complete the transition to the MDS methodology for the
21 nursing component of the rate. Increased payments under
22 this item (iv) are not due and payable, however, until (i)
23 the methodologies described in this paragraph are approved
24 by the federal government in an appropriate State Plan
25 amendment and (ii) the assessment imposed by Section 5B-2
26 of this Code is determined to be a permissible tax under

10400HB1075sam003- 261 -LRB104 03072 JDS 27160 a
1 Title XIX of the Social Security Act.
2    Notwithstanding any other provision of this Section, for
3facilities licensed by the Department of Public Health under
4the Nursing Home Care Act as skilled nursing facilities or
5intermediate care facilities, the support component of the
6rates taking effect on January 1, 2008 shall be computed using
7the most recent cost reports on file with the Department of
8Healthcare and Family Services no later than April 1, 2005,
9updated for inflation to January 1, 2006.
10    For facilities licensed by the Department of Public Health
11under the Nursing Home Care Act as Intermediate Care for the
12Developmentally Disabled facilities or Long Term Care for
13Under Age 22 facilities, the rates taking effect on April 1,
142002 shall include a statewide increase of 2.0%, as defined by
15the Department. This increase terminates on July 1, 2002;
16beginning July 1, 2002 these rates are reduced to the level of
17the rates in effect on March 31, 2002, as defined by the
18Department.
19    For facilities licensed by the Department of Public Health
20under the Nursing Home Care Act as skilled nursing facilities
21or intermediate care facilities, the rates taking effect on
22July 1, 2001 shall be computed using the most recent cost
23reports on file with the Department of Public Aid no later than
24April 1, 2000, updated for inflation to January 1, 2001. For
25rates effective July 1, 2001 only, rates shall be the greater
26of the rate computed for July 1, 2001 or the rate effective on

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1June 30, 2001.
2    Notwithstanding any other provision of this Section, for
3facilities licensed by the Department of Public Health under
4the Nursing Home Care Act as skilled nursing facilities or
5intermediate care facilities, the Illinois Department shall
6determine by rule the rates taking effect on July 1, 2002,
7which shall be 5.9% less than the rates in effect on June 30,
82002.
9    Notwithstanding any other provision of this Section, for
10facilities licensed by the Department of Public Health under
11the Nursing Home Care Act as skilled nursing facilities or
12intermediate care facilities, if the payment methodologies
13required under Section 5A-12 and the waiver granted under 42
14CFR 433.68 are approved by the United States Centers for
15Medicare and Medicaid Services, the rates taking effect on
16July 1, 2004 shall be 3.0% greater than the rates in effect on
17June 30, 2004. These rates shall take effect only upon
18approval and implementation of the payment methodologies
19required under Section 5A-12.
20    Notwithstanding any other provisions of this Section, for
21facilities licensed by the Department of Public Health under
22the Nursing Home Care Act as skilled nursing facilities or
23intermediate care facilities, the rates taking effect on
24January 1, 2005 shall be 3% more than the rates in effect on
25December 31, 2004.
26    Notwithstanding any other provision of this Section, for

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1facilities licensed by the Department of Public Health under
2the Nursing Home Care Act as skilled nursing facilities or
3intermediate care facilities, effective January 1, 2009, the
4per diem support component of the rates effective on January
51, 2008, computed using the most recent cost reports on file
6with the Department of Healthcare and Family Services no later
7than April 1, 2005, updated for inflation to January 1, 2006,
8shall be increased to the amount that would have been derived
9using standard Department of Healthcare and Family Services
10methods, procedures, and inflators.
11    Notwithstanding any other provisions of this Section, for
12facilities licensed by the Department of Public Health under
13the Nursing Home Care Act as intermediate care facilities that
14are federally defined as Institutions for Mental Disease, or
15facilities licensed by the Department of Public Health under
16the Specialized Mental Health Rehabilitation Act of 2013, a
17socio-development component rate equal to 6.6% of the
18facility's nursing component rate as of January 1, 2006 shall
19be established and paid effective July 1, 2006. The
20socio-development component of the rate shall be increased by
21a factor of 2.53 on the first day of the month that begins at
22least 45 days after January 11, 2008 (the effective date of
23Public Act 95-707). As of August 1, 2008, the
24socio-development component rate shall be equal to 6.6% of the
25facility's nursing component rate as of January 1, 2006,
26multiplied by a factor of 3.53. For services provided on or

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1after April 1, 2011, or the first day of the month that begins
2at least 45 days after February 16, 2011 (the effective date of
3Public Act 96-1530), whichever is later, the Illinois
4Department may by rule adjust these socio-development
5component rates, and may use different adjustment
6methodologies for those facilities participating, and those
7not participating, in the Illinois Department's demonstration
8program pursuant to the provisions of Title 77, Part 300,
9Subpart T of the Illinois Administrative Code, but in no case
10may such rates be diminished below those in effect on August 1,
112008.
12    For facilities licensed by the Department of Public Health
13under the Nursing Home Care Act as Intermediate Care for the
14Developmentally Disabled facilities or as long-term care
15facilities for residents under 22 years of age, the rates
16taking effect on July 1, 2003 shall include a statewide
17increase of 4%, as defined by the Department.
18    For facilities licensed by the Department of Public Health
19under the Nursing Home Care Act as Intermediate Care for the
20Developmentally Disabled facilities or Long Term Care for
21Under Age 22 facilities, the rates taking effect on the first
22day of the month that begins at least 45 days after January 11,
232008 (the effective date of Public Act 95-707) shall include a
24statewide increase of 2.5%, as defined by the Department.
25    Notwithstanding any other provision of this Section, for
26facilities licensed by the Department of Public Health under

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1the Nursing Home Care Act as skilled nursing facilities or
2intermediate care facilities, effective January 1, 2005,
3facility rates shall be increased by the difference between
4(i) a facility's per diem property, liability, and malpractice
5insurance costs as reported in the cost report filed with the
6Department of Public Aid and used to establish rates effective
7July 1, 2001 and (ii) those same costs as reported in the
8facility's 2002 cost report. These costs shall be passed
9through to the facility without caps or limitations, except
10for adjustments required under normal auditing procedures.
11    Rates established effective each July 1 shall govern
12payment for services rendered throughout that fiscal year,
13except that rates established on July 1, 1996 shall be
14increased by 6.8% for services provided on or after January 1,
151997. Such rates will be based upon the rates calculated for
16the year beginning July 1, 1990, and for subsequent years
17thereafter until June 30, 2001 shall be based on the facility
18cost reports for the facility fiscal year ending at any point
19in time during the previous calendar year, updated to the
20midpoint of the rate year. The cost report shall be on file
21with the Department no later than April 1 of the current rate
22year. Should the cost report not be on file by April 1, the
23Department shall base the rate on the latest cost report filed
24by each skilled care facility and intermediate care facility,
25updated to the midpoint of the current rate year. In
26determining rates for services rendered on and after July 1,

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11985, fixed time shall not be computed at less than zero. The
2Department shall not make any alterations of regulations which
3would reduce any component of the Medicaid rate to a level
4below what that component would have been utilizing in the
5rate effective on July 1, 1984.
6    (2) Shall take into account the actual costs incurred by
7facilities in providing services for recipients of skilled
8nursing and intermediate care services under the medical
9assistance program.
10    (3) Shall take into account the medical and psycho-social
11characteristics and needs of the patients.
12    (4) Shall take into account the actual costs incurred by
13facilities in meeting licensing and certification standards
14imposed and prescribed by the State of Illinois, any of its
15political subdivisions or municipalities and by the U.S.
16Department of Health and Human Services pursuant to Title XIX
17of the Social Security Act.
18    The Department of Healthcare and Family Services shall
19develop precise standards for payments to reimburse nursing
20facilities for any utilization of appropriate rehabilitative
21personnel for the provision of rehabilitative services which
22is authorized by federal regulations, including reimbursement
23for services provided by qualified therapists or qualified
24assistants, and which is in accordance with accepted
25professional practices. Reimbursement also may be made for
26utilization of other supportive personnel under appropriate

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1supervision.
2    The Department shall develop enhanced payments to offset
3the additional costs incurred by a facility serving
4exceptional need residents and shall allocate at least
5$4,000,000 of the funds collected from the assessment
6established by Section 5B-2 of this Code for such payments.
7For the purpose of this Section, "exceptional needs" means,
8but need not be limited to, ventilator care and traumatic
9brain injury care. The enhanced payments for exceptional need
10residents under this paragraph are not due and payable,
11however, until (i) the methodologies described in this
12paragraph are approved by the federal government in an
13appropriate State Plan amendment and (ii) the assessment
14imposed by Section 5B-2 of this Code is determined to be a
15permissible tax under Title XIX of the Social Security Act.
16    Beginning January 1, 2014 the methodologies for
17reimbursement of nursing facility services as provided under
18this Section 5-5.4 shall no longer be applicable for services
19provided on or after January 1, 2014.
20    No payment increase under this Section for the MDS
21methodology, exceptional care residents, or the
22socio-development component rate established by Public Act
2396-1530 of the 96th General Assembly and funded by the
24assessment imposed under Section 5B-2 of this Code shall be
25due and payable until after the Department notifies the
26long-term care providers, in writing, that the payment

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1methodologies to long-term care providers required under this
2Section have been approved by the Centers for Medicare and
3Medicaid Services of the U.S. Department of Health and Human
4Services and the waivers under 42 CFR 433.68 for the
5assessment imposed by this Section, if necessary, have been
6granted by the Centers for Medicare and Medicaid Services of
7the U.S. Department of Health and Human Services. Upon
8notification to the Department of approval of the payment
9methodologies required under this Section and the waivers
10granted under 42 CFR 433.68, all increased payments otherwise
11due under this Section prior to the date of notification shall
12be due and payable within 90 days of the date federal approval
13is received.
14    On and after July 1, 2012, the Department shall reduce any
15rate of reimbursement for services or other payments or alter
16any methodologies authorized by this Code to reduce any rate
17of reimbursement for services or other payments in accordance
18with Section 5-5e.
19    For facilities licensed by the Department of Public Health
20under the ID/DD Community Care Act as ID/DD Facilities and
21under the MC/DD Act as MC/DD Facilities, subject to federal
22approval, the rates taking effect for services delivered on or
23after August 1, 2019 shall be increased by 3.5% over the rates
24in effect on June 30, 2019. The Department shall adopt rules,
25including emergency rules under subsection (ii) of Section
265-45 of the Illinois Administrative Procedure Act, to

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1implement the provisions of this Section, including wage
2increases for direct care staff.
3    For facilities licensed by the Department of Public Health
4under the ID/DD Community Care Act as ID/DD Facilities and
5under the MC/DD Act as MC/DD Facilities, subject to federal
6approval, the rates taking effect on the latter of the
7approval date of the State Plan Amendment for these facilities
8or the Waiver Amendment for the home and community-based
9services settings shall include an increase sufficient to
10provide a $0.26 per hour wage increase to the base wage for
11non-executive staff. The Department shall adopt rules,
12including emergency rules as authorized by Section 5-45 of the
13Illinois Administrative Procedure Act, to implement the
14provisions of this Section, including wage increases for
15direct care staff.
16    For facilities licensed by the Department of Public Health
17under the ID/DD Community Care Act as ID/DD Facilities and
18under the MC/DD Act as MC/DD Facilities, subject to federal
19approval of the State Plan Amendment and the Waiver Amendment
20for the home and community-based services settings, the rates
21taking effect for the services delivered on or after July 1,
222020 shall include an increase sufficient to provide a $1.00
23per hour wage increase for non-executive staff. For services
24delivered on or after January 1, 2021, subject to federal
25approval of the State Plan Amendment and the Waiver Amendment
26for the home and community-based services settings, shall

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1include an increase sufficient to provide a $0.50 per hour
2increase for non-executive staff. The Department shall adopt
3rules, including emergency rules as authorized by Section 5-45
4of the Illinois Administrative Procedure Act, to implement the
5provisions of this Section, including wage increases for
6direct care staff.
7    For facilities licensed by the Department of Public Health
8under the ID/DD Community Care Act as ID/DD Facilities and
9under the MC/DD Act as MC/DD Facilities, subject to federal
10approval of the State Plan Amendment, the rates taking effect
11for the residential services delivered on or after July 1,
122021, shall include an increase sufficient to provide a $0.50
13per hour increase for aides in the rate methodology. For
14facilities licensed by the Department of Public Health under
15the ID/DD Community Care Act as ID/DD Facilities and under the
16MC/DD Act as MC/DD Facilities, subject to federal approval of
17the State Plan Amendment, the rates taking effect for the
18residential services delivered on or after January 1, 2022
19shall include an increase sufficient to provide a $1.00 per
20hour increase for aides in the rate methodology. In addition,
21for residential services delivered on or after January 1, 2022
22such rates shall include an increase sufficient to provide
23wages for all residential non-executive direct care staff,
24excluding aides, at the federal Department of Labor, Bureau of
25Labor Statistics' average wage as defined in rule by the
26Department. The Department shall adopt rules, including

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1emergency rules as authorized by Section 5-45 of the Illinois
2Administrative Procedure Act, to implement the provisions of
3this Section.
4    For facilities licensed by the Department of Public Health
5under the ID/DD Community Care Act as ID/DD facilities and
6under the MC/DD Act as MC/DD facilities, subject to federal
7approval of the State Plan Amendment, the rates taking effect
8for services delivered on or after January 1, 2023, shall
9include a $1.00 per hour wage increase for all direct support
10personnel and all other frontline personnel who are not
11subject to the Bureau of Labor Statistics' average wage
12increases, who work in residential and community day services
13settings, with at least $0.50 of those funds to be provided as
14a direct increase to all aide base wages, with the remaining
15$0.50 to be used flexibly for base wage increases to the rate
16methodology for aides. In addition, for residential services
17delivered on or after January 1, 2023 the rates shall include
18an increase sufficient to provide wages for all residential
19non-executive direct care staff, excluding aides, at the
20federal Department of Labor, Bureau of Labor Statistics'
21average wage as determined by the Department. Also, for
22services delivered on or after January 1, 2023, the rates will
23include adjustments to employment-related expenses as defined
24in rule by the Department. The Department shall adopt rules,
25including emergency rules as authorized by Section 5-45 of the
26Illinois Administrative Procedure Act, to implement the

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1provisions of this Section.
2    For facilities licensed by the Department of Public Health
3under the ID/DD Community Care Act as ID/DD facilities and
4under the MC/DD Act as MC/DD facilities, subject to federal
5approval of the State Plan Amendment, the rates taking effect
6for services delivered on or after January 1, 2024 shall
7include a $2.50 per hour wage increase for all direct support
8personnel and all other frontline personnel who are not
9subject to the Bureau of Labor Statistics' average wage
10increases and who work in residential and community day
11services settings. At least $1.25 of the per hour wage
12increase shall be provided as a direct increase to all aide
13base wages, and the remaining $1.25 of the per hour wage
14increase shall be used flexibly for base wage increases to the
15rate methodology for aides. In addition, for residential
16services delivered on or after January 1, 2024, the rates
17shall include an increase sufficient to provide wages for all
18residential non-executive direct care staff, excluding aides,
19at the federal Department of Labor, Bureau of Labor
20Statistics' average wage as determined by the Department.
21Also, for services delivered on or after January 1, 2024, the
22rates will include adjustments to employment-related expenses
23as defined in rule by the Department. The Department shall
24adopt rules, including emergency rules as authorized by
25Section 5-45 of the Illinois Administrative Procedure Act, to
26implement the provisions of this Section.

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1    For facilities licensed by the Department of Public Health
2under the ID/DD Community Care Act as ID/DD facilities and
3under the MC/DD Act as MC/DD facilities, subject to federal
4approval of a State Plan Amendment, the rates taking effect
5for services delivered on or after January 1, 2025 shall
6include a $1.00 per hour wage increase for all direct support
7personnel and all other frontline personnel who are not
8subject to the Bureau of Labor Statistics' average wage
9increases and who work in residential and community day
10services settings, with at least $0.75 of those funds to be
11provided as a direct increase to all aide base wages and the
12remaining $0.25 to be used flexibly for base wage increases to
13the rate methodology for aides. These increases shall not be
14used by facilities for operational and administrative
15expenses. In addition, for residential services delivered on
16or after January 1, 2025, the rates shall include an increase
17sufficient to provide wages for all residential non-executive
18direct care staff, excluding aides, at the federal Department
19of Labor, Bureau of Labor Statistics' average wage as
20determined by the Department. Also, for services delivered on
21or after January 1, 2025, the rates will include adjustments
22to employment-related expenses as defined in rule by the
23Department. The Department shall adopt rules, including
24emergency rules as authorized by Section 5-45 of the Illinois
25Administrative Procedure Act, to implement the provisions of
26this Section.

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1    For facilities licensed by the Department of Public Health
2under the ID/DD Community Care Act as ID/DD facilities and
3under the MC/DD Act as MC/DD facilities, subject to federal
4approval of a State Plan Amendment, the rates taking effect
5for services delivered on or after January 1, 2026 shall
6include a $0.80 per hour wage increase for all direct support
7personnel and all other frontline personnel who are not
8subject to the Bureau of Labor Statistics' average wage
9increases and who work in residential and community day
10services settings, with at least $0.60 of those funds to be
11provided as a direct increase to all aide base wages and the
12remaining $0.20 to be used flexibly for base wage increases to
13the rate methodology for aides. These increases shall not be
14used by facilities for operational and administrative
15expenses. In addition, for residential services delivered on
16or after January 1, 2026, the rates shall include an increase
17sufficient to provide wages for all residential non-executive
18direct care staff, excluding aides, at the federal Department
19of Labor, Bureau of Labor Statistics' average wage as
20determined by the Department. Also, for services delivered on
21or after January 1, 2026, the rates will include adjustments
22to employment-related expenses as defined in rule by the
23Department. The Department shall adopt rules, including
24emergency rules as authorized by Section 5-45 of the Illinois
25Administrative Procedure Act, to implement the provisions of
26this Section.    

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1    Notwithstanding any other provision of this Section to the
2contrary, any regional wage adjuster for facilities located
3outside of the counties of Cook, DuPage, Kane, Lake, McHenry,
4and Will shall be no lower than 1.00, and any regional wage
5adjuster for facilities located within the counties of Cook,
6DuPage, Kane, Lake, McHenry, and Will shall be no lower than
71.15.
8(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 4-19-22;
9103-8, eff. 6-7-23; 103-588, eff. 7-1-24.)
10    Section 10-20. The Illinois Act on the Aging is amended by
11changing Section 4.02 as follows:
12    (20 ILCS 105/4.02)
13    Sec. 4.02. Community Care Program. The Department shall
14establish a program of services to prevent unnecessary
15institutionalization of persons age 60 and older in need of
16long term care or who are established as persons who suffer
17from Alzheimer's disease or a related disorder under the
18Alzheimer's Disease Assistance Act, thereby enabling them to
19remain in their own homes or in other living arrangements.
20Such preventive services, which may be coordinated with other
21programs for the aged, may include, but are not limited to, any
22or all of the following:
23        (a) (blank);
24        (b) (blank);

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1        (c) home care aide services;
2        (d) personal assistant services;
3        (e) adult day services;
4        (f) home-delivered meals;
5        (g) education in self-care;
6        (h) personal care services;
7        (i) adult day health services;
8        (j) habilitation services;
9        (k) respite care;
10        (k-5) community reintegration services;
11        (k-6) flexible senior services;
12        (k-7) medication management;
13        (k-8) emergency home response;
14        (l) other nonmedical social services that may enable
15 the person to become self-supporting; or
16        (m) (blank).
17    The Department shall establish eligibility standards for
18such services. In determining the amount and nature of
19services for which a person may qualify, consideration shall
20not be given to the value of cash, property, or other assets
21held in the name of the person's spouse pursuant to a written
22agreement dividing marital property into equal but separate
23shares or pursuant to a transfer of the person's interest in a
24home to his spouse, provided that the spouse's share of the
25marital property is not made available to the person seeking
26such services.

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1    The Department shall require as a condition of eligibility
2that all new financially eligible applicants apply for and
3enroll in medical assistance under Article V of the Illinois
4Public Aid Code in accordance with rules promulgated by the
5Department.
6    The Department shall, in conjunction with the Department
7of Public Aid (now Department of Healthcare and Family
8Services), seek appropriate amendments under Sections 1915 and
91924 of the Social Security Act. The purpose of the amendments
10shall be to extend eligibility for home and community based
11services under Sections 1915 and 1924 of the Social Security
12Act to persons who transfer to or for the benefit of a spouse
13those amounts of income and resources allowed under Section
141924 of the Social Security Act. Subject to the approval of
15such amendments, the Department shall extend the provisions of
16Section 5-4 of the Illinois Public Aid Code to persons who, but
17for the provision of home or community-based services, would
18require the level of care provided in an institution, as is
19provided for in federal law. Those persons no longer found to
20be eligible for receiving noninstitutional services due to
21changes in the eligibility criteria shall be given 45 days
22notice prior to actual termination. Those persons receiving
23notice of termination may contact the Department and request
24the determination be appealed at any time during the 45 day
25notice period. The target population identified for the
26purposes of this Section are persons age 60 and older with an

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1identified service need. Priority shall be given to those who
2are at imminent risk of institutionalization. The services
3shall be provided to eligible persons age 60 and older to the
4extent that the cost of the services together with the other
5personal maintenance expenses of the persons are reasonably
6related to the standards established for care in a group
7facility appropriate to the person's condition. These
8noninstitutional non-institutional services, pilot projects,
9or experimental facilities may be provided as part of or in
10addition to those authorized by federal law or those funded
11and administered by the Department of Human Services. The
12Departments of Human Services, Healthcare and Family Services,
13Public Health, Veterans' Affairs, and Commerce and Economic
14Opportunity and other appropriate agencies of State, federal,
15and local governments shall cooperate with the Department on
16Aging in the establishment and development of the
17noninstitutional non-institutional services. The Department
18shall require an annual audit from all personal assistant and
19home care aide vendors contracting with the Department under
20this Section. The annual audit shall assure that each audited
21vendor's procedures are in compliance with Department's
22financial reporting guidelines requiring an administrative and
23employee wage and benefits cost split as defined in
24administrative rules. The audit is a public record under the
25Freedom of Information Act. The Department shall execute,
26relative to the nursing home prescreening project, written

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1inter-agency agreements with the Department of Human Services
2and the Department of Healthcare and Family Services, to
3effect the following: (1) intake procedures and common
4eligibility criteria for those persons who are receiving
5noninstitutional non-institutional services; and (2) the
6establishment and development of noninstitutional    
7non-institutional services in areas of the State where they
8are not currently available or are undeveloped. On and after
9July 1, 1996, all nursing home prescreenings for individuals
1060 years of age or older shall be conducted by the Department.
11    As part of the Department on Aging's routine training of
12case managers and case manager supervisors, the Department may
13include information on family futures planning for persons who
14are age 60 or older and who are caregivers of their adult
15children with developmental disabilities. The content of the
16training shall be at the Department's discretion.
17    The Department is authorized to establish a system of
18recipient copayment for services provided under this Section,
19such copayment to be based upon the recipient's ability to pay
20but in no case to exceed the actual cost of the services
21provided. Additionally, any portion of a person's income which
22is equal to or less than the federal poverty standard shall not
23be considered by the Department in determining the copayment.
24The level of such copayment shall be adjusted whenever
25necessary to reflect any change in the officially designated
26federal poverty standard.

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1    The Department, or the Department's authorized
2representative, may recover the amount of moneys expended for
3services provided to or in behalf of a person under this
4Section by a claim against the person's estate or against the
5estate of the person's surviving spouse, but no recovery may
6be had until after the death of the surviving spouse, if any,
7and then only at such time when there is no surviving child who
8is under age 21 or blind or who has a permanent and total
9disability. This paragraph, however, shall not bar recovery,
10at the death of the person, of moneys for services provided to
11the person or in behalf of the person under this Section to
12which the person was not entitled; provided that such recovery
13shall not be enforced against any real estate while it is
14occupied as a homestead by the surviving spouse or other
15dependent, if no claims by other creditors have been filed
16against the estate, or, if such claims have been filed, they
17remain dormant for failure of prosecution or failure of the
18claimant to compel administration of the estate for the
19purpose of payment. This paragraph shall not bar recovery from
20the estate of a spouse, under Sections 1915 and 1924 of the
21Social Security Act and Section 5-4 of the Illinois Public Aid
22Code, who precedes a person receiving services under this
23Section in death. All moneys for services paid to or in behalf
24of the person under this Section shall be claimed for recovery
25from the deceased spouse's estate. "Homestead", as used in
26this paragraph, means the dwelling house and contiguous real

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1estate occupied by a surviving spouse or relative, as defined
2by the rules and regulations of the Department of Healthcare
3and Family Services, regardless of the value of the property.
4    The Department shall increase the effectiveness of the
5existing Community Care Program by:
6        (1) ensuring that in-home services included in the
7 care plan are available on evenings and weekends;
8        (2) ensuring that care plans contain the services that
9 eligible participants need based on the number of days in
10 a month, not limited to specific blocks of time, as
11 identified by the comprehensive assessment tool selected
12 by the Department for use statewide, not to exceed the
13 total monthly service cost maximum allowed for each
14 service; the Department shall develop administrative rules
15 to implement this item (2);
16        (3) ensuring that the participants have the right to
17 choose the services contained in their care plan and to
18 direct how those services are provided, based on
19 administrative rules established by the Department;
20        (4)(blank);
21        (5) ensuring that homemakers can provide personal care
22 services that may or may not involve contact with clients,
23 including, but not limited to:
24            (A) bathing;
25            (B) grooming;
26            (C) toileting;

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1            (D) nail care;
2            (E) transferring;
3            (F) respiratory services;
4            (G) exercise; or
5            (H) positioning;
6        (6) ensuring that homemaker program vendors are not
7 restricted from hiring homemakers who are family members
8 of clients or recommended by clients; the Department may
9 not, by rule or policy, require homemakers who are family
10 members of clients or recommended by clients to accept
11 assignments in homes other than the client;
12        (7) ensuring that the State may access maximum federal
13 matching funds by seeking approval for the Centers for
14 Medicare and Medicaid Services for modifications to the
15 State's home and community based services waiver and
16 additional waiver opportunities, including applying for
17 enrollment in the Balance Incentive Payment Program by May
18 1, 2013, in order to maximize federal matching funds; this
19 shall include, but not be limited to, modification that
20 reflects all changes in the Community Care Program
21 services and all increases in the services cost maximum;
22        (8) ensuring that the determination of need tool
23 accurately reflects the service needs of individuals with
24 Alzheimer's disease and related dementia disorders;
25        (9) ensuring that services are authorized accurately
26 and consistently for the Community Care Program (CCP); the

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1 Department shall implement a Service Authorization policy
2 directive; the purpose shall be to ensure that eligibility
3 and services are authorized accurately and consistently in
4 the CCP program; the policy directive shall clarify
5 service authorization guidelines to Care Coordination
6 Units and Community Care Program providers no later than
7 May 1, 2013;
8        (10) working in conjunction with Care Coordination
9 Units, the Department of Healthcare and Family Services,
10 the Department of Human Services, Community Care Program
11 providers, and other stakeholders to make improvements to
12 the Medicaid claiming processes and the Medicaid
13 enrollment procedures or requirements as needed,
14 including, but not limited to, specific policy changes or
15 rules to improve the up-front enrollment of participants
16 in the Medicaid program and specific policy changes or
17 rules to insure more prompt submission of bills to the
18 federal government to secure maximum federal matching
19 dollars as promptly as possible; the Department on Aging
20 shall have at least 3 meetings with stakeholders by
21 January 1, 2014 in order to address these improvements;
22        (11) requiring home care service providers to comply
23 with the rounding of hours worked provisions under the
24 federal Fair Labor Standards Act (FLSA) and as set forth
25 in 29 CFR 785.48(b) by May 1, 2013;
26        (12) implementing any necessary policy changes or

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1 promulgating any rules, no later than January 1, 2014, to
2 assist the Department of Healthcare and Family Services in
3 moving as many participants as possible, consistent with
4 federal regulations, into coordinated care plans if a care
5 coordination plan that covers long term care is available
6 in the recipient's area; and
7        (13) (blank).
8    By January 1, 2009 or as soon after the end of the Cash and
9Counseling Demonstration Project as is practicable, the
10Department may, based on its evaluation of the demonstration
11project, promulgate rules concerning personal assistant
12services, to include, but need not be limited to,
13qualifications, employment screening, rights under fair labor
14standards, training, fiduciary agent, and supervision
15requirements. All applicants shall be subject to the
16provisions of the Health Care Worker Background Check Act.
17    The Department shall develop procedures to enhance
18availability of services on evenings, weekends, and on an
19emergency basis to meet the respite needs of caregivers.
20Procedures shall be developed to permit the utilization of
21services in successive blocks of 24 hours up to the monthly
22maximum established by the Department. Workers providing these
23services shall be appropriately trained.
24    No September 23, 1991 (Public Act 87-729) person may
25perform chore/housekeeping and home care aide services under a
26program authorized by this Section unless that person has been

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1issued a certificate of pre-service to do so by his or her
2employing agency. Information gathered to effect such
3certification shall include (i) the person's name, (ii) the
4date the person was hired by his or her current employer, and
5(iii) the training, including dates and levels. Persons
6engaged in the program authorized by this Section before the
7effective date of this amendatory Act of 1991 shall be issued a
8certificate of all pre-service and in-service training from
9his or her employer upon submitting the necessary information.
10The employing agency shall be required to retain records of
11all staff pre-service and in-service training, and shall
12provide such records to the Department upon request and upon
13termination of the employer's contract with the Department. In
14addition, the employing agency is responsible for the issuance
15of certifications of in-service training completed to their
16employees.
17    The Department is required to develop a system to ensure
18that persons working as home care aides and personal
19assistants receive increases in their wages when the federal
20minimum wage is increased by requiring vendors to certify that
21they are meeting the federal minimum wage statute for home
22care aides and personal assistants. An employer that cannot
23ensure that the minimum wage increase is being given to home
24care aides and personal assistants shall be denied any
25increase in reimbursement costs.
26    The Community Care Program Advisory Committee is created

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1in the Department on Aging. The Director shall appoint
2individuals to serve in the Committee, who shall serve at
3their own expense. Members of the Committee must abide by all
4applicable ethics laws. The Committee shall advise the
5Department on issues related to the Department's program of
6services to prevent unnecessary institutionalization. The
7Committee shall meet on a bi-monthly basis and shall serve to
8identify and advise the Department on present and potential
9issues affecting the service delivery network, the program's
10clients, and the Department and to recommend solution
11strategies. Persons appointed to the Committee shall be
12appointed on, but not limited to, their own and their agency's
13experience with the program, geographic representation, and
14willingness to serve. The Director shall appoint members to
15the Committee to represent provider, advocacy, policy
16research, and other constituencies committed to the delivery
17of high quality home and community-based services to older
18adults. Representatives shall be appointed to ensure
19representation from community care providers, including, but
20not limited to, adult day service providers, homemaker
21providers, case coordination and case management units,
22emergency home response providers, statewide trade or labor
23unions that represent home care aides and direct care staff,
24area agencies on aging, adults over age 60, membership
25organizations representing older adults, and other
26organizational entities, providers of care, or individuals

10400HB1075sam003- 287 -LRB104 03072 JDS 27160 a
1with demonstrated interest and expertise in the field of home
2and community care as determined by the Director.
3    Nominations may be presented from any agency or State
4association with interest in the program. The Director, or his
5or her designee, shall serve as the permanent co-chair of the
6advisory committee. One other co-chair shall be nominated and
7approved by the members of the committee on an annual basis.
8Committee members' terms of appointment shall be for 4 years
9with one-quarter of the appointees' terms expiring each year.
10A member shall continue to serve until his or her replacement
11is named. The Department shall fill vacancies that have a
12remaining term of over one year, and this replacement shall
13occur through the annual replacement of expiring terms. The
14Director shall designate Department staff to provide technical
15assistance and staff support to the committee. Department
16representation shall not constitute membership of the
17committee. All Committee papers, issues, recommendations,
18reports, and meeting memoranda are advisory only. The
19Director, or his or her designee, shall make a written report,
20as requested by the Committee, regarding issues before the
21Committee.
22    The Department on Aging and the Department of Human
23Services shall cooperate in the development and submission of
24an annual report on programs and services provided under this
25Section. Such joint report shall be filed with the Governor
26and the General Assembly on or before March 31 of the following

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1fiscal year.
2    The requirement for reporting to the General Assembly
3shall be satisfied by filing copies of the report as required
4by Section 3.1 of the General Assembly Organization Act and
5filing such additional copies with the State Government Report
6Distribution Center for the General Assembly as is required
7under paragraph (t) of Section 7 of the State Library Act.
8    Those persons previously found eligible for receiving
9noninstitutional non-institutional services whose services
10were discontinued under the Emergency Budget Act of Fiscal
11Year 1992, and who do not meet the eligibility standards in
12effect on or after July 1, 1992, shall remain ineligible on and
13after July 1, 1992. Those persons previously not required to
14cost-share and who were required to cost-share effective March
151, 1992, shall continue to meet cost-share requirements on and
16after July 1, 1992. Beginning July 1, 1992, all clients will be
17required to meet eligibility, cost-share, and other
18requirements and will have services discontinued or altered
19when they fail to meet these requirements.
20    For the purposes of this Section, "flexible senior
21services" refers to services that require one-time or periodic
22expenditures, including, but not limited to, respite care,
23home modification, assistive technology, housing assistance,
24and transportation.
25    The Department shall implement an electronic service
26verification based on global positioning systems or other

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1cost-effective technology for the Community Care Program no
2later than January 1, 2014.
3    The Department shall require, as a condition of
4eligibility, application for the medical assistance program
5under Article V of the Illinois Public Aid Code.
6    The Department may authorize Community Care Program
7services until an applicant is determined eligible for medical
8assistance under Article V of the Illinois Public Aid Code.
9    The Department shall continue to provide Community Care
10Program reports as required by statute, which shall include an
11annual report on Care Coordination Unit performance and
12adherence to service guidelines and a 6-month supplemental
13report.
14    In regard to community care providers, failure to comply
15with Department on Aging policies shall be cause for
16disciplinary action, including, but not limited to,
17disqualification from serving Community Care Program clients.
18Each provider, upon submission of any bill or invoice to the
19Department for payment for services rendered, shall include a
20notarized statement, under penalty of perjury pursuant to
21Section 1-109 of the Code of Civil Procedure, that the
22provider has complied with all Department policies.
23    The Director of the Department on Aging shall make
24information available to the State Board of Elections as may
25be required by an agreement the State Board of Elections has
26entered into with a multi-state voter registration list

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1maintenance system.
2    The Department shall pay an enhanced rate of at least
3$1.77 per unit under the Community Care Program to those
4in-home service provider agencies that offer health insurance
5coverage as a benefit to their direct service worker employees
6pursuant to rules adopted by the Department. The Department
7shall review the enhanced rate as part of its process to rebase
8in-home service provider reimbursement rates pursuant to
9federal waiver requirements. Subject to federal approval,
10beginning on January 1, 2024, rates for adult day services
11shall be increased to $16.84 per hour and rates for each way
12transportation services for adult day services shall be
13increased to $12.44 per unit transportation.
14    Subject to federal approval, on and after January 1, 2024,
15rates for homemaker services shall be increased to $28.07 to
16sustain a minimum wage of $17 per hour for direct service
17workers. Rates in subsequent State fiscal years shall be no
18lower than the rates put into effect upon federal approval.
19Providers of in-home services shall be required to certify to
20the Department that they remain in compliance with the
21mandated wage increase for direct service workers. Fringe
22benefits, including, but not limited to, paid time off and
23payment for training, health insurance, travel, or
24transportation, shall not be reduced in relation to the rate
25increases described in this paragraph.
26    Subject to and upon federal approval, on and after January

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11, 2025, rates for homemaker services shall be increased to
2$29.63 to sustain a minimum wage of $18 per hour for direct
3service workers. Rates in subsequent State fiscal years shall
4be no lower than the rates put into effect upon federal
5approval. Providers of in-home services shall be required to
6certify to the Department that they remain in compliance with
7the mandated wage increase for direct service workers. Fringe
8benefits, including, but not limited to, paid time off and
9payment for training, health insurance, travel, or
10transportation, shall not be reduced in relation to the rate
11increases described in this paragraph.
12    Subject to and upon federal approval, on and after January
131, 2026, rates for homemaker services shall be increased to
14$30.80 to sustain a minimum wage of $18.75 per hour for direct
15service workers. Rates in subsequent State fiscal years shall
16be no lower than the rates put into effect upon federal
17approval. Providers of in-home services shall be required to
18certify to the Department that they remain in compliance with
19the mandated wage increase for direct service workers. Fringe
20benefits, including, but not limited to, paid time off and
21payment for training, health insurance, travel, or
22transportation, shall not be reduced in relation to the rate
23increases described in this paragraph.    
24    The General Assembly finds it necessary to authorize an
25aggressive Medicaid enrollment initiative designed to maximize
26federal Medicaid funding for the Community Care Program which

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1produces significant savings for the State of Illinois. The
2Department on Aging shall establish and implement a Community
3Care Program Medicaid Initiative. Under the Initiative, the
4Department on Aging shall, at a minimum: (i) provide an
5enhanced rate to adequately compensate care coordination units
6to enroll eligible Community Care Program clients into
7Medicaid; (ii) use recommendations from a stakeholder
8committee on how best to implement the Initiative; and (iii)
9establish requirements for State agencies to make enrollment
10in the State's Medical Assistance program easier for seniors.
11    The Community Care Program Medicaid Enrollment Oversight
12Subcommittee is created as a subcommittee of the Older Adult
13Services Advisory Committee established in Section 35 of the
14Older Adult Services Act to make recommendations on how best
15to increase the number of medical assistance recipients who
16are enrolled in the Community Care Program. The Subcommittee
17shall consist of all of the following persons who must be
18appointed within 30 days after June 4, 2018 (the effective
19date of Public Act 100-587):
20        (1) The Director of Aging, or his or her designee, who
21 shall serve as the chairperson of the Subcommittee.
22        (2) One representative of the Department of Healthcare
23 and Family Services, appointed by the Director of
24 Healthcare and Family Services.
25        (3) One representative of the Department of Human
26 Services, appointed by the Secretary of Human Services.

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1        (4) One individual representing a care coordination
2 unit, appointed by the Director of Aging.
3        (5) One individual from a non-governmental statewide
4 organization that advocates for seniors, appointed by the
5 Director of Aging.
6        (6) One individual representing Area Agencies on
7 Aging, appointed by the Director of Aging.
8        (7) One individual from a statewide association
9 dedicated to Alzheimer's care, support, and research,
10 appointed by the Director of Aging.
11        (8) One individual from an organization that employs
12 persons who provide services under the Community Care
13 Program, appointed by the Director of Aging.
14        (9) One member of a trade or labor union representing
15 persons who provide services under the Community Care
16 Program, appointed by the Director of Aging.
17        (10) One member of the Senate, who shall serve as
18 co-chairperson, appointed by the President of the Senate.
19        (11) One member of the Senate, who shall serve as
20 co-chairperson, appointed by the Minority Leader of the
21 Senate.
22        (12) One member of the House of Representatives, who
23 shall serve as co-chairperson, appointed by the Speaker of
24 the House of Representatives.
25        (13) One member of the House of Representatives, who
26 shall serve as co-chairperson, appointed by the Minority

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1 Leader of the House of Representatives.
2        (14) One individual appointed by a labor organization
3 representing frontline employees at the Department of
4 Human Services.
5    The Subcommittee shall provide oversight to the Community
6Care Program Medicaid Initiative and shall meet quarterly. At
7each Subcommittee meeting the Department on Aging shall
8provide the following data sets to the Subcommittee: (A) the
9number of Illinois residents, categorized by planning and
10service area, who are receiving services under the Community
11Care Program and are enrolled in the State's Medical
12Assistance Program; (B) the number of Illinois residents,
13categorized by planning and service area, who are receiving
14services under the Community Care Program, but are not
15enrolled in the State's Medical Assistance Program; and (C)
16the number of Illinois residents, categorized by planning and
17service area, who are receiving services under the Community
18Care Program and are eligible for benefits under the State's
19Medical Assistance Program, but are not enrolled in the
20State's Medical Assistance Program. In addition to this data,
21the Department on Aging shall provide the Subcommittee with
22plans on how the Department on Aging will reduce the number of
23Illinois residents who are not enrolled in the State's Medical
24Assistance Program but who are eligible for medical assistance
25benefits. The Department on Aging shall enroll in the State's
26Medical Assistance Program those Illinois residents who

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1receive services under the Community Care Program and are
2eligible for medical assistance benefits but are not enrolled
3in the State's Medicaid Assistance Program. The data provided
4to the Subcommittee shall be made available to the public via
5the Department on Aging's website.
6    The Department on Aging, with the involvement of the
7Subcommittee, shall collaborate with the Department of Human
8Services and the Department of Healthcare and Family Services
9on how best to achieve the responsibilities of the Community
10Care Program Medicaid Initiative.
11    The Department on Aging, the Department of Human Services,
12and the Department of Healthcare and Family Services shall
13coordinate and implement a streamlined process for seniors to
14access benefits under the State's Medical Assistance Program.
15    The Subcommittee shall collaborate with the Department of
16Human Services on the adoption of a uniform application
17submission process. The Department of Human Services and any
18other State agency involved with processing the medical
19assistance application of any person enrolled in the Community
20Care Program shall include the appropriate care coordination
21unit in all communications related to the determination or
22status of the application.
23    The Community Care Program Medicaid Initiative shall
24provide targeted funding to care coordination units to help
25seniors complete their applications for medical assistance
26benefits. On and after July 1, 2019, care coordination units

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1shall receive no less than $200 per completed application,
2which rate may be included in a bundled rate for initial intake
3services when Medicaid application assistance is provided in
4conjunction with the initial intake process for new program
5participants.
6    The Community Care Program Medicaid Initiative shall cease
7operation 5 years after June 4, 2018 (the effective date of
8Public Act 100-587), after which the Subcommittee shall
9dissolve.
10    Effective July 1, 2023, subject to federal approval, the
11Department on Aging shall reimburse Care Coordination Units at
12the following rates for case management services: $252.40 for
13each initial assessment; $366.40 for each initial assessment
14with translation; $229.68 for each redetermination assessment;
15$313.68 for each redetermination assessment with translation;
16$200.00 for each completed application for medical assistance
17benefits; $132.26 for each face-to-face, choices-for-care
18screening; $168.26 for each face-to-face, choices-for-care
19screening with translation; $124.56 for each 6-month,
20face-to-face visit; $132.00 for each MCO participant
21eligibility determination; and $157.00 for each MCO
22participant eligibility determination with translation.
23(Source: P.A. 102-1071, eff. 6-10-22; 103-8, eff. 6-7-23;
24103-102, Article 45, Section 45-5, eff. 1-1-24; 103-102,
25Article 85, Section 85-5, eff. 1-1-24; 103-102, Article 90,
26Section 90-5, eff. 1-1-24; 103-588, eff. 6-5-24; 103-605, eff.

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17-1-24; 103-670, eff. 1-1-25; revised 11-26-24.)
2    Section 10-25. The Juvenile Court Act of 1987 is amended
3by changing Section 2-28 as follows:
4    (705 ILCS 405/2-28)
5    Sec. 2-28. Court review.
6    (1) The court may require any legal custodian or guardian
7of the person appointed under this Act to report periodically
8to the court or may cite the legal custodian or guardian into
9court and require the legal custodian, guardian, or the legal
10custodian's or guardian's agency to make a full and accurate
11report of the doings of the legal custodian, guardian, or
12agency on behalf of the minor. The custodian or guardian,
13within 10 days after such citation, or earlier if the court
14determines it to be necessary to protect the health, safety,
15or welfare of the minor, shall make the report, either in
16writing verified by affidavit or orally under oath in open
17court, or otherwise as the court directs. Upon the hearing of
18the report the court may remove the custodian or guardian and
19appoint another in the custodian's or guardian's stead or
20restore the minor to the custody of the minor's parents or
21former guardian or custodian. However, custody of the minor
22shall not be restored to any parent, guardian, or legal
23custodian in any case in which the minor is found to be
24neglected or abused under Section 2-3 or dependent under

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1Section 2-4 of this Act, unless the minor can be cared for at
2home without endangering the minor's health or safety and it
3is in the best interests of the minor, and if such neglect,
4abuse, or dependency is found by the court under paragraph (1)
5of Section 2-21 of this Act to have come about due to the acts
6or omissions or both of such parent, guardian, or legal
7custodian, until such time as an investigation is made as
8provided in paragraph (5) and a hearing is held on the issue of
9the fitness of such parent, guardian, or legal custodian to
10care for the minor and the court enters an order that such
11parent, guardian, or legal custodian is fit to care for the
12minor.
13    (1.5) The public agency that is the custodian or guardian
14of the minor shall file a written report with the court no
15later than 15 days after a minor in the agency's care remains:
16        (1) in a shelter placement beyond 30 days;
17        (2) in a psychiatric hospital past the time when the
18 minor is clinically ready for discharge or beyond medical
19 necessity for the minor's health; or
20        (3) in a detention center or Department of Juvenile
21 Justice facility solely because the public agency cannot
22 find an appropriate placement for the minor.
23    The report shall explain the steps the agency is taking to
24ensure the minor is placed appropriately, how the minor's
25needs are being met in the minor's shelter placement, and if a
26future placement has been identified by the Department, why

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1the anticipated placement is appropriate for the needs of the
2minor and the anticipated placement date.
3    (1.6) Within 30 days after placing a child in its care in a
4qualified residential treatment program, as defined by the
5federal Social Security Act, the Department of Children and
6Family Services shall prepare a written report for filing with
7the court and send copies of the report to all parties. Within
820 days of the filing of the report, or as soon thereafter as
9the court's schedule allows but not more than 60 days from the
10date of placement, the court shall hold a hearing to consider
11the Department's report and determine whether placement of the
12child in a qualified residential treatment program provides
13the most effective and appropriate level of care for the child
14in the least restrictive environment and if the placement is
15consistent with the short-term and long-term goals for the
16child, as specified in the permanency plan for the child. The
17court shall approve or disapprove the placement. If
18applicable, the requirements of Sections 2-27.1 and 2-27.2
19must also be met. The Department's written report and the
20court's written determination shall be included in and made
21part of the case plan for the child. If the child remains
22placed in a qualified residential treatment program, the
23Department shall submit evidence at each status and permanency
24hearing:
25        (A) demonstrating that on-going assessment of the
26 strengths and needs of the child continues to support the

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1 determination that the child's needs cannot be met through
2 placement in a foster family home, that the placement
3 provides the most effective and appropriate level of care
4 for the child in the least restrictive, appropriate
5 environment, and that the placement is consistent with the
6 short-term and long-term permanency goal for the child, as
7 specified in the permanency plan for the child;
8        (B) documenting the specific treatment or service
9 needs that should be met for the child in the placement and
10 the length of time the child is expected to need the
11 treatment or services;
12        (C) the efforts made by the agency to prepare the
13 child to return home or to be placed with a fit and willing
14 relative, a legal guardian, or an adoptive parent, or in a
15 foster family home; and
16        (D) beginning July 1, 2025, documenting the
17 Department's efforts regarding ongoing family finding and
18 relative engagement required under Section 2-27.3.
19    (2) The first permanency hearing shall be conducted by the
20judge. Subsequent permanency hearings may be heard by a judge
21or by hearing officers appointed or approved by the court in
22the manner set forth in Section 2-28.1 of this Act. The initial
23hearing shall be held (a) within 12 months from the date
24temporary custody was taken, regardless of whether an
25adjudication or dispositional hearing has been completed
26within that time frame, (b) if the parental rights of both

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1parents have been terminated in accordance with the procedure
2described in subsection (5) of Section 2-21, within 30 days of
3the order for termination of parental rights and appointment
4of a guardian with power to consent to adoption, or (c) in
5accordance with subsection (2) of Section 2-13.1. Subsequent
6permanency hearings shall be held every 6 months or more
7frequently if necessary in the court's determination following
8the initial permanency hearing, in accordance with the
9standards set forth in this Section, until the court
10determines that the plan and goal have been achieved. Once the
11plan and goal have been achieved, if the minor remains in
12substitute care, the case shall be reviewed at least every 6
13months thereafter, subject to the provisions of this Section,
14unless the minor is placed in the guardianship of a suitable
15relative or other person and the court determines that further
16monitoring by the court does not further the health, safety,
17or best interest of the child and that this is a stable
18permanent placement. The permanency hearings must occur within
19the time frames set forth in this subsection and may not be
20delayed in anticipation of a report from any source or due to
21the agency's failure to timely file its written report (this
22written report means the one required under the next paragraph
23and does not mean the service plan also referred to in that
24paragraph).
25    The public agency that is the custodian or guardian of the
26minor, or another agency responsible for the minor's care,

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1shall ensure that all parties to the permanency hearings are
2provided a copy of the most recent service plan prepared
3within the prior 6 months at least 14 days in advance of the
4hearing. If not contained in the agency's service plan, the
5agency shall also include a report setting forth the
6following:
7        (A) any special physical, psychological, educational,
8 medical, emotional, or other needs of the minor or the
9 minor's family that are relevant to a permanency or
10 placement determination, and for any minor age 16 or over,
11 a written description of the programs and services that
12 will enable the minor to prepare for independent living;
13        (B) beginning July 1, 2025, a written description of
14 ongoing family finding and relative engagement efforts in
15 accordance with the requirements under Section 2-27.3 the
16 agency has undertaken since the most recent report to the
17 court to plan for the emotional and legal permanency of
18 the minor;
19        (C) whether a minor is placed in a licensed child care
20 facility under a corrective plan by the Department due to
21 concerns impacting the minor's safety and well-being. The
22 report shall explain the steps the Department is taking to
23 ensure the safety and well-being of the minor and that the
24 minor's needs are met in the facility;
25        (D) detail regarding what progress or lack of progress
26 the parent has made in correcting the conditions requiring

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1 the child to be in care; whether the child can be returned
2 home without jeopardizing the child's health, safety, and
3 welfare, what permanency goal is recommended to be in the
4 best interests of the child, and the reasons for the
5 recommendation. If a permanency goal under paragraph (A),
6 (B), or (B-1) of subsection (2.3) have been deemed
7 inappropriate and not in the minor's best interest, the
8 report must include the following information:
9            (i) confirmation that the caseworker has discussed
10 the permanency options and subsidies available for
11 guardianship and adoption with the minor's caregivers,
12 the minor's parents, as appropriate, and has discussed
13 the available permanency options with the minor in an
14 age-appropriate manner;
15            (ii) confirmation that the caseworker has
16 discussed with the minor's caregivers, the minor's
17 parents, as appropriate, and the minor as
18 age-appropriate, the distinctions between guardianship
19 and adoption, including, but not limited to, that
20 guardianship does not require termination of the
21 parent's rights or the consent of the parent;
22            (iii) a description of the stated preferences and
23 concerns, if any, the minor, the parent as
24 appropriate, and the caregiver expressed relating to
25 the options of guardianship and adoption, and the
26 reasons for the preferences;

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1            (iv) if the minor is not currently in a placement
2 that will provide permanency, identification of all
3 persons presently willing and able to provide
4 permanency to the minor through either guardianship or
5 adoption, and beginning July 1, 2025, if none are
6 available, a description of the efforts made in
7 accordance with Section 2-27.3; and
8            (v) state the recommended permanency goal, why
9 that goal is recommended, and why the other potential
10 goals were not recommended.
11    The caseworker must appear and testify at the permanency
12hearing. If a permanency hearing has not previously been
13scheduled by the court, the moving party shall move for the
14setting of a permanency hearing and the entry of an order
15within the time frames set forth in this subsection.
16    (2.3) At the permanency hearing, the court shall determine
17the permanency goal of the child. The court shall set one of
18the following permanency goals:
19        (A) The minor will be returned home by a specific date
20 within 5 months.
21        (B) The minor will be in short-term care with a
22 continued goal to return home within a period not to
23 exceed one year, where the progress of the parent or
24 parents is substantial giving particular consideration to
25 the age and individual needs of the minor.
26        (B-1) The minor will be in short-term care with a

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1 continued goal to return home pending a status hearing.
2 When the court finds that a parent has not made reasonable
3 efforts or reasonable progress to date, the court shall
4 identify what actions the parent and the Department must
5 take in order to justify a finding of reasonable efforts
6 or reasonable progress and shall set a status hearing to
7 be held not earlier than 9 months from the date of
8 adjudication nor later than 11 months from the date of
9 adjudication during which the parent's progress will again
10 be reviewed.
11        If the court has determined that goals (A), (B), and
12 (B-1) are not appropriate and not in the minor's best
13 interest, the court may select one of the following goals:
14 (C), (D), (E), (F), or (G), or (H) for the minor as
15 appropriate and based on the best interests of the minor.
16 The court shall determine the appropriate goal for the
17 minor based on best interest factors and any
18 considerations outlined in that goal.
19        (C) The guardianship of the minor shall be transferred
20 to an individual or couple on a permanent basis. Prior to
21 changing the goal to guardianship, the court shall
22 consider the following:
23            (i) whether the agency has discussed adoption and
24 guardianship with the caregiver and what preference,
25 if any, the caregiver has as to the permanency goal;
26            (ii) whether the agency has discussed adoption and

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1 guardianship with the minor, as age-appropriate, and
2 what preference, if any, the minor has as to the
3 permanency goal;
4            (iii) whether the minor is of sufficient age to
5 remember the minor's parents and if the child values
6 this familial identity;
7            (iv) whether the minor is placed with a relative,
8 and beginning July 1, 2025, whether the minor is
9 placed in a relative home as defined in Section 4d of
10 the Children and Family Services Act or in a certified
11 relative caregiver home as defined in Section 2.36 of
12 the Child Care Act of 1969; and
13            (v) whether the parent or parents have been
14 informed about guardianship and adoption, and, if
15 appropriate, what preferences, if any, the parent or
16 parents have as to the permanency goal.
17        (D) The minor will be in substitute care pending court
18 determination on termination of parental rights. Prior to
19 changing the goal to substitute care pending court
20 determination on termination of parental rights, the court
21 shall consider the following:
22            (i) whether the agency has discussed adoption and
23 guardianship with the caregiver and what preference,
24 if any, the caregiver has as to the permanency goal;
25            (ii) whether the agency has discussed adoption and
26 guardianship with the minor, as age-appropriate, and

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1 what preference, if any, the minor has as to the
2 permanency goal;
3            (iii) whether the minor is of sufficient age to
4 remember the minor's parents and if the child values
5 this familial identity;
6            (iv) whether the minor is placed with a relative,
7 and beginning July 1, 2025, whether the minor is
8 placed in a relative home as defined in Section 4d of
9 the Children and Family Services Act, in a certified
10 relative caregiver home as defined in Section 2.36 of
11 the Child Care Act of 1969;
12            (v) whether the minor is already placed in a
13 pre-adoptive home, and if not, whether such a home has
14 been identified; and
15            (vi) whether the parent or parents have been
16 informed about guardianship and adoption, and, if
17 appropriate, what preferences, if any, the parent or
18 parents have as to the permanency goal.
19        (E) Adoption, provided that parental rights have been
20 terminated or relinquished.
21        (F) Provided that permanency goals (A) through (E)
22 have been deemed inappropriate and not in the minor's best
23 interests, the minor over age 15 will be in substitute
24 care pending independence. In selecting this permanency
25 goal, the Department of Children and Family Services may
26 provide services to enable reunification and to strengthen

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1 the minor's connections with family, fictive kin, and
2 other responsible adults, provided the services are in the
3 minor's best interest. The services shall be documented in
4 the service plan.
5        (G) The minor will be in substitute care because the
6 minor cannot be provided for in a home environment due to
7 developmental disabilities or mental illness or because
8 the minor is a danger to self or others, provided that
9 goals (A) through (E) have been deemed inappropriate and
10 not in the child's best interests.
11    In selecting any permanency goal, the court shall indicate
12in writing the reasons the goal was selected and why the
13preceding goals were deemed inappropriate and not in the
14child's best interest. Where the court has selected a
15permanency goal other than (A), (B), or (B-1), the Department
16of Children and Family Services shall not provide further
17reunification services, except as provided in paragraph (F) of
18this subsection (2.3), but shall provide services consistent
19with the goal selected.
20        (H) Notwithstanding any other provision in this
21 Section, the court may select the goal of continuing
22 foster care as a permanency goal if:
23            (1) The Department of Children and Family Services
24 has custody and guardianship of the minor;
25            (2) The court has deemed all other permanency
26 goals inappropriate based on the child's best

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1 interest;
2            (3) The court has found compelling reasons, based
3 on written documentation reviewed by the court, to
4 place the minor in continuing foster care. Compelling
5 reasons include:
6                (a) the child does not wish to be adopted or to
7 be placed in the guardianship of the minor's
8 relative, certified relative caregiver, or foster
9 care placement;
10                (b) the child exhibits an extreme level of
11 need such that the removal of the child from the
12 minor's placement would be detrimental to the
13 child; or
14                (c) the child who is the subject of the
15 permanency hearing has existing close and strong
16 bonds with a sibling, and achievement of another
17 permanency goal would substantially interfere with
18 the subject child's sibling relationship, taking
19 into consideration the nature and extent of the
20 relationship, and whether ongoing contact is in
21 the subject child's best interest, including
22 long-term emotional interest, as compared with the
23 legal and emotional benefit of permanence;
24            (4) The child has lived with the relative,
25 certified relative caregiver, or foster parent for at
26 least one year; and

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1            (5) The relative, certified relative caregiver, or
2 foster parent currently caring for the child is
3 willing and capable of providing the child with a
4 stable and permanent environment.
5    (2.4) The court shall set a permanency goal that is in the
6best interest of the child. In determining that goal, the
7court shall consult with the minor in an age-appropriate
8manner regarding the proposed permanency or transition plan
9for the minor. The court's determination shall include the
10following factors:
11        (A) Age of the child.
12        (B) Options available for permanence, including both
13 out-of-state and in-state placement options.
14        (C) Current placement of the child and the intent of
15 the family regarding subsidized guardianship and adoption.
16        (D) Emotional, physical, and mental status or
17 condition of the child.
18        (E) Types of services previously offered and whether
19 or not the services were successful and, if not
20 successful, the reasons the services failed.
21        (F) Availability of services currently needed and
22 whether the services exist.
23        (G) Status of siblings of the minor.
24        (H) If the minor is not currently in a placement
25 likely to achieve permanency, whether there is an
26 identified and willing potential permanent caregiver for

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1 the minor, and if so, that potential permanent caregiver's
2 intent regarding guardianship and adoption.
3    The court shall consider (i) the permanency goal contained
4in the service plan, (ii) the appropriateness of the services
5contained in the plan and whether those services have been
6provided, (iii) whether reasonable efforts have been made by
7all the parties to the service plan to achieve the goal, and
8(iv) whether the plan and goal have been achieved. All
9evidence relevant to determining these questions, including
10oral and written reports, may be admitted and may be relied on
11to the extent of their probative value.
12    The court shall make findings as to whether, in violation
13of Section 8.2 of the Abused and Neglected Child Reporting
14Act, any portion of the service plan compels a child or parent
15to engage in any activity or refrain from any activity that is
16not reasonably related to remedying a condition or conditions
17that gave rise or which could give rise to any finding of child
18abuse or neglect. The services contained in the service plan
19shall include services reasonably related to remedy the
20conditions that gave rise to removal of the child from the home
21of the child's parents, guardian, or legal custodian or that
22the court has found must be remedied prior to returning the
23child home. Any tasks the court requires of the parents,
24guardian, or legal custodian or child prior to returning the
25child home must be reasonably related to remedying a condition
26or conditions that gave rise to or which could give rise to any

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1finding of child abuse or neglect.
2    If the permanency goal is to return home, the court shall
3make findings that identify any problems that are causing
4continued placement of the children away from the home and
5identify what outcomes would be considered a resolution to
6these problems. The court shall explain to the parents that
7these findings are based on the information that the court has
8at that time and may be revised, should additional evidence be
9presented to the court.
10    The court shall review the Sibling Contact Support Plan
11developed or modified under subsection (f) of Section 7.4 of
12the Children and Family Services Act, if applicable. If the
13Department has not convened a meeting to develop or modify a
14Sibling Contact Support Plan, or if the court finds that the
15existing Plan is not in the child's best interest, the court
16may enter an order requiring the Department to develop,
17modify, or implement a Sibling Contact Support Plan, or order
18mediation.
19    Beginning July 1, 2025, the court shall review the Ongoing
20Family Finding and Relative Engagement Plan required under
21Section 2-27.3. If the court finds that the plan is not in the
22minor's best interest, the court shall enter specific factual
23findings and order the Department to modify the plan
24consistent with the court's findings.
25    If the goal has been achieved, the court shall enter
26orders that are necessary to conform the minor's legal custody

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1and status to those findings.
2    If, after receiving evidence, the court determines that
3the services contained in the plan are not reasonably
4calculated to facilitate achievement of the permanency goal,
5the court shall put in writing the factual basis supporting
6the determination and enter specific findings based on the
7evidence. The court also shall enter an order for the
8Department to develop and implement a new service plan or to
9implement changes to the current service plan consistent with
10the court's findings. The new service plan shall be filed with
11the court and served on all parties within 45 days of the date
12of the order. The court shall continue the matter until the new
13service plan is filed. Except as authorized by subsection
14(2.5) of this Section and as otherwise specifically authorized
15by law, the court is not empowered under this Section to order
16specific placements, specific services, or specific service
17providers to be included in the service plan.
18    A guardian or custodian appointed by the court pursuant to
19this Act shall file updated case plans with the court every 6
20months.
21    Rights of wards of the court under this Act are
22enforceable against any public agency by complaints for relief
23by mandamus filed in any proceedings brought under this Act.
24    (2.5) If, after reviewing the evidence, including evidence
25from the Department, the court determines that the minor's
26current or planned placement is not necessary or appropriate

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1to facilitate achievement of the permanency goal, the court
2shall put in writing the factual basis supporting its
3determination and enter specific findings based on the
4evidence. If the court finds that the minor's current or
5planned placement is not necessary or appropriate, the court
6may enter an order directing the Department to implement a
7recommendation by the minor's treating clinician or a
8clinician contracted by the Department to evaluate the minor
9or a recommendation made by the Department. If the Department
10places a minor in a placement under an order entered under this
11subsection (2.5), the Department has the authority to remove
12the minor from that placement when a change in circumstances
13necessitates the removal to protect the minor's health,
14safety, and best interest. If the Department determines
15removal is necessary, the Department shall notify the parties
16of the planned placement change in writing no later than 10
17days prior to the implementation of its determination unless
18remaining in the placement poses an imminent risk of harm to
19the minor, in which case the Department shall notify the
20parties of the placement change in writing immediately
21following the implementation of its decision. The Department
22shall notify others of the decision to change the minor's
23placement as required by Department rule.
24    (3) Following the permanency hearing, the court shall
25enter a written order that includes the determinations
26required under subsections (2) and (2.3) of this Section and

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1sets forth the following:
2        (a) The future status of the minor, including the
3 permanency goal, and any order necessary to conform the
4 minor's legal custody and status to such determination; or
5        (b) If the permanency goal of the minor cannot be
6 achieved immediately, the specific reasons for continuing
7 the minor in the care of the Department of Children and
8 Family Services or other agency for short-term placement,
9 and the following determinations:
10            (i) (Blank).
11            (ii) Whether the services required by the court
12 and by any service plan prepared within the prior 6
13 months have been provided and (A) if so, whether the
14 services were reasonably calculated to facilitate the
15 achievement of the permanency goal or (B) if not
16 provided, why the services were not provided.
17            (iii) Whether the minor's current or planned
18 placement is necessary, and appropriate to the plan
19 and goal, recognizing the right of minors to the least
20 restrictive (most family-like) setting available and
21 in close proximity to the parents' home consistent
22 with the health, safety, best interest, and special
23 needs of the minor and, if the minor is placed
24 out-of-state, whether the out-of-state placement
25 continues to be appropriate and consistent with the
26 health, safety, and best interest of the minor.

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1            (iv) (Blank).
2            (v) (Blank).
3    (4) The minor or any person interested in the minor may
4apply to the court for a change in custody of the minor and the
5appointment of a new custodian or guardian of the person or for
6the restoration of the minor to the custody of the minor's
7parents or former guardian or custodian.
8    When return home is not selected as the permanency goal:
9        (a) The Department, the minor, or the current foster
10 parent or relative caregiver seeking private guardianship
11 may file a motion for private guardianship of the minor.
12 Appointment of a guardian under this Section requires
13 approval of the court.
14        (b) The State's Attorney may file a motion to
15 terminate parental rights of any parent who has failed to
16 make reasonable efforts to correct the conditions which
17 led to the removal of the child or reasonable progress
18 toward the return of the child, as defined in subdivision
19 (D)(m) of Section 1 of the Adoption Act or for whom any
20 other unfitness ground for terminating parental rights as
21 defined in subdivision (D) of Section 1 of the Adoption
22 Act exists.
23        When parental rights have been terminated for a
24 minimum of 3 years and the child who is the subject of the
25 permanency hearing is 13 years old or older and is not
26 currently placed in a placement likely to achieve

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1 permanency, the Department of Children and Family Services
2 shall make reasonable efforts to locate parents whose
3 rights have been terminated, except when the Court
4 determines that those efforts would be futile or
5 inconsistent with the subject child's best interests. The
6 Department of Children and Family Services shall assess
7 the appropriateness of the parent whose rights have been
8 terminated, and shall, as appropriate, foster and support
9 connections between the parent whose rights have been
10 terminated and the youth. The Department of Children and
11 Family Services shall document its determinations and
12 efforts to foster connections in the child's case plan.
13    Custody of the minor shall not be restored to any parent,
14guardian, or legal custodian in any case in which the minor is
15found to be neglected or abused under Section 2-3 or dependent
16under Section 2-4 of this Act, unless the minor can be cared
17for at home without endangering the minor's health or safety
18and it is in the best interest of the minor, and if such
19neglect, abuse, or dependency is found by the court under
20paragraph (1) of Section 2-21 of this Act to have come about
21due to the acts or omissions or both of such parent, guardian,
22or legal custodian, until such time as an investigation is
23made as provided in paragraph (5) and a hearing is held on the
24issue of the health, safety, and best interest of the minor and
25the fitness of such parent, guardian, or legal custodian to
26care for the minor and the court enters an order that such

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1parent, guardian, or legal custodian is fit to care for the
2minor. If a motion is filed to modify or vacate a private
3guardianship order and return the child to a parent, guardian,
4or legal custodian, the court may order the Department of
5Children and Family Services to assess the minor's current and
6proposed living arrangements and to provide ongoing monitoring
7of the health, safety, and best interest of the minor during
8the pendency of the motion to assist the court in making that
9determination. In the event that the minor has attained 18
10years of age and the guardian or custodian petitions the court
11for an order terminating the minor's guardianship or custody,
12guardianship or custody shall terminate automatically 30 days
13after the receipt of the petition unless the court orders
14otherwise. No legal custodian or guardian of the person may be
15removed without the legal custodian's or guardian's consent
16until given notice and an opportunity to be heard by the court.
17    When the court orders a child restored to the custody of
18the parent or parents, the court shall order the parent or
19parents to cooperate with the Department of Children and
20Family Services and comply with the terms of an after-care
21plan, or risk the loss of custody of the child and possible
22termination of their parental rights. The court may also enter
23an order of protective supervision in accordance with Section
242-24.
25    If the minor is being restored to the custody of a parent,
26legal custodian, or guardian who lives outside of Illinois,

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1and an Interstate Compact has been requested and refused, the
2court may order the Department of Children and Family Services
3to arrange for an assessment of the minor's proposed living
4arrangement and for ongoing monitoring of the health, safety,
5and best interest of the minor and compliance with any order of
6protective supervision entered in accordance with Section
72-24.
8    (5) Whenever a parent, guardian, or legal custodian files
9a motion for restoration of custody of the minor, and the minor
10was adjudicated neglected, abused, or dependent as a result of
11physical abuse, the court shall cause to be made an
12investigation as to whether the movant has ever been charged
13with or convicted of any criminal offense which would indicate
14the likelihood of any further physical abuse to the minor.
15Evidence of such criminal convictions shall be taken into
16account in determining whether the minor can be cared for at
17home without endangering the minor's health or safety and
18fitness of the parent, guardian, or legal custodian.
19        (a) Any agency of this State or any subdivision
20 thereof shall cooperate with the agent of the court in
21 providing any information sought in the investigation.
22        (b) The information derived from the investigation and
23 any conclusions or recommendations derived from the
24 information shall be provided to the parent, guardian, or
25 legal custodian seeking restoration of custody prior to
26 the hearing on fitness and the movant shall have an

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1 opportunity at the hearing to refute the information or
2 contest its significance.
3        (c) All information obtained from any investigation
4 shall be confidential as provided in Section 5-150 of this
5 Act.
6(Source: P.A. 102-193, eff. 7-30-21; 102-489, eff. 8-20-21;
7102-813, eff. 5-13-22; 103-22, eff. 8-8-23; 103-154, eff.
86-30-23; 103-171, eff. 1-1-24; 103-605, eff. 7-1-24; 103-1061,
9eff. 2-5-25.)
10
Article 11.
11    Section 11-1. The Illinois Emergency Management Agency Act
12is amended by changing Section 17.8 as follows:
13    (20 ILCS 3305/17.8)
14    Sec. 17.8. IEMA State Projects Fund. The IEMA State
15Projects Fund is created as a trust fund in the State treasury.
16The Fund shall consist of any moneys appropriated to the
17Agency for purposes of the Illinois' Not-For-Profit Security
18Grant Program, a grant program authorized by subsection (g-5)
19of Section 5 of this Act, to provide funding support for target
20hardening activities and other physical security enhancements
21for qualifying not-for-profit organizations that are at high
22risk of terrorist attack. The Agency is authorized to use
23moneys appropriated from the Fund to make grants to

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1not-for-profit organizations, including those that provide
2medical or behavioral health services, for target hardening
3activities, security personnel, and physical security
4enhancements and for the payment of administrative expenses
5associated with the Not-For-Profit Security Grant Program,
6except that, beginning July 1, 2024, the Agency shall not
7award grants under this Section to those entities whose
8primary purpose is to provide reproductive or maternal health
9care and reproductive or maternal health counseling services    
10medical or mental health services. As used in this Section,
11"target hardening activities" include, but are not limited to,
12the purchase and installation of security equipment on real
13property owned or leased by the not-for-profit organization.
14Grants, gifts, and moneys from any other source, public or
15private, may also be deposited into the Fund and used for the
16purposes authorized by this Act.
17(Source: P.A. 103-8, eff. 6-7-23; 103-588, eff. 6-5-24.)
18
Article 12.
19    Section 12-5. The Illinois Administrative Procedure Act is
20amended by adding Section 5-45.63 as follows:
21    (5 ILCS 100/5-45.63 new)
22    Sec. 5-45.63. Emergency rulemaking; Developmental
23Disability and Mental Disability Services Act. To provide for

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1the expeditious and timely implementation of the changes made
2to Section 2-6 of the Developmental Disability and Mental
3Disability Services Act by this amendatory Act of the 104th
4General Assembly, emergency rules implementing the changes
5made to that Section by this amendatory Act of the 104th
6General Assembly may be adopted in accordance with Section
75-45 by the Department of Human Services or any other agency
8essential to the implementation of the changes. The adoption
9of emergency rules authorized by Section 5-45 and this Section
10is deemed to be necessary for the public interest, safety, and
11welfare.
12    This Section is repealed one year after the effective date
13of this Section.    
14    Section 12-10. The Developmental Disability and Mental
15Disability Services Act is amended by changing Section 2-6 as
16follows:
17    (405 ILCS 80/2-6)    (from Ch. 91 1/2, par. 1802-6)
18    Sec. 2-6. An application for the Program shall be
19submitted to the Department by the adult with a mental
20disability or, if the adult with a mental disability requires
21a guardian, by his or her legal guardian. If the application
22for participation in the Program is approved by the Department
23and the adult with a mental disability is eligible to receive
24services under this Article, the adult with a mental

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1disability shall be made aware of the availability of a
2community support team and shall be offered case management
3services. The amount of the home-based services provided by
4the Department in any month shall be determined by the service
5plan of the adult with a mental disability, but in no case
6shall it be more than either:    
7        (a) 1.05 times 300% three hundred percent of the
8 monthly federal Supplemental Security Income payment for
9 an individual residing alone if the adult with a mental
10 disability is not enrolled in a special education program
11 by a local education agency, or    
12        (b) 1.05 times 200% two hundred percent of the monthly
13 Supplemental Security Income payment for an individual
14 residing alone if the adult with a mental disability is
15 enrolled in a special education program by a local
16 education agency.
17    Upon approval of the Department, all or part of the
18monthly amount approved for home-based services to
19participating adults may be used as a one-time or continuing
20payment to the eligible adult or the adult's parent or
21guardian to pay for specified tangible items that are directly
22related to meeting basic needs related to the person's mental
23disabilities.
24    Tangible items include, but are not limited to: adaptive
25equipment, medication not covered by third-party payments,
26nutritional supplements, and residential modifications.

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1(Source: P.A. 99-143, eff. 7-27-15.)
2
Article 15.
3    Section 15-5. The Child Care Act of 1969 is amended by
4changing Section 3.4 as follows:
5    (225 ILCS 10/3.4)
6    (This Section may contain text from a Public Act with a
7delayed effective date)
8    Sec. 3.4. Standards for certified relative caregiver
9homes.
10    (a) No later than July 1, 2025, the Department shall adopt
11rules outlining the standards for certified relative caregiver
12homes, which are reasonably in accordance with the national
13consortium recommendations and federal law and rules, and
14consistent with the requirements of this Act. The standards
15for certified relative caregiver homes shall: (i) be different
16from licensing standards used for non-relative foster family
17homes under Section 4; (ii) align with the recommendation of
18the U.S. Department of Health and Human Services'
19Administration for Children and Families for implementation of
20Section 471(a)(10), 471(a)(11), and 471(a)(20) and Section 474
21of Title IV-E of the Social Security Act; (iii) be no more
22restrictive than, and reasonably in accordance with, national
23consortium recommendations; and (iv) address background

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1screening for caregivers and other household residents and
2assessing home safety and caregiver capacity to meet the
3identified child's needs.
4    A guiding premise for certified relative caregiver home
5standards is that foster care maintenance payments for every
6relative, starting upon placement, regardless of federal
7reimbursement, are critical to ensure that the basic needs and
8well-being of all children in relative care are being met. If
9an agency places a child in the care of a relative, the
10relative must immediately be provided with adequate support to
11care for that child. The Department shall review foster care
12maintenance payments to ensure that children receive the same
13amount of foster care maintenance payments whether placed in a
14certified relative caregiver home or a licensed foster family
15home.
16    In developing rules, the Department shall solicit and
17incorporate feedback from relative caregivers. No later than
1860 days after the effective date of this amendatory Act of the
19103rd General Assembly, the Department shall begin soliciting
20input from relatives who are currently or have recently been
21caregivers to youth in care to develop the rules and
22procedures to implement the requirements of this Section. The
23Department shall solicit this input in a manner convenient for
24caregivers to participate, including without limitation,
25in-person convenings at after hours and weekend venues,
26locations that provide child care, and modalities that are

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1accessible and welcoming to new and experienced relative
2caregivers from all regions of the State. The rules shall
3outline the essential elements of each form used in the
4implementation and enforcement of the provisions of this
5amendatory Act of the 103rd General Assembly.
6    (b) In order to assess whether standards are met for a
7certified relative caregiver home under this Section, the
8Department or a licensed child welfare agency shall:
9        (1) complete the home safety and needs assessment and
10 identify and provide any necessary concrete goods or
11 safety modifications to assist the prospective certified
12 relative caregiver in meeting the needs of the specific
13 child or children being placed by the Department, in a
14 manner consistent with Department rule;
15        (2) assess the ability of the prospective certified
16 relative caregiver to care for the physical, emotional,
17 medical, and educational needs of the specific child or
18 children being placed by the Department using the protocol
19 and form provided through national consortium
20 recommendations; and
21        (3) using the standard background check form
22 established by rule, complete a background check for each
23 person seeking certified relative caregiver approval and
24 any other adults living in the home as required under this
25 Section.
26    (c) The Department or a licensed child welfare agency

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1shall conduct the following background screening investigation
2for every prospective certified relative caregiver and adult
3resident living in the home:
4        (1) a name-based State, local, or tribal criminal
5 background check, and as soon as reasonably possible,
6 initiate a fingerprint-based background check;
7        (2) a review of this State's Central Registry and
8 registries of any state in which an adult household member
9 has resided in the last 5 years, if applicable to
10 determine if the person has been determined to be a
11 perpetrator in an indicated report of child abuse or
12 neglect; and
13        (3) a review of the sex offender registry.
14    No home may be a certified relative caregiver home if any
15prospective caregivers or adult residents in the home refuse
16to authorize a background screening investigation as required
17by this Section. Only information and standards that bear a
18reasonable and rational relation to the caregiving capacity of
19the certified relative caregiver and adult member of the
20household and overall safety provided by residents of that
21home shall be used by the Department or licensed child welfare
22agency.
23    In approving a certified relative caregiver home in
24accordance with this Section, if an adult has a criminal
25record, the Department or licensed child welfare agency shall
26thoroughly investigate and evaluate the criminal history of

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1the adult and, in so doing, include an assessment of the
2adult's character and, in the case of the prospective
3certified relative caregiver, the impact that the criminal
4history has on the prospective certified relative caregiver's
5ability to parent the child; the investigation should consider
6the type of crime, the number of crimes, the nature of the
7offense, the age of the person at the time of the crime, the
8length of time that has elapsed since the last conviction, the
9relationship of the crime to the ability to care for children,
10the role that adult will have with the child, and any evidence
11of rehabilitation. In accordance with federal law, a home
12shall not be approved if the record of the prospective
13certified relative caregiver's background screening reveals:
14(i) a felony conviction for child abuse or neglect, for    
15spousal abuse, for a crime against children crimes against a
16child, including child pornography, or for a crime involving
17violence, including of rape, sexual assault, or homicide, but
18not including other physical assault or battery; or (ii) a
19felony conviction in the last 5 years for physical assault,
20battery, or a drug-related offense.
21    If the Department is contemplating denying approval of a
22certified relative caregiver home, the Department shall
23provide a written notice in the prospective certified relative
24caregiver's primary language to each prospective certified
25relative caregiver before the Department takes final action to
26deny approval of the home. This written notice shall include

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1the specific reason or reasons the Department is considering
2denial, list actions prospective certified relative caregivers
3can take, if any, to remedy such conditions and the timeframes
4in which such actions would need to be completed, explain
5reasonable supports that the Department can provide to assist
6the prospective certified relative caregivers in taking
7remedial actions and how the prospective certified relative
8caregivers can request such assistance, and provide the
9recourse prospective certified relative caregivers can seek to
10resolve disputes about the Department's findings. The
11Department shall provide prospective certified relative
12caregivers reasonable opportunity pursuant to rulemaking to
13cure any remediable deficiencies that the Department
14identified before taking final action to deny approval of a
15certified relative caregiver home.
16    If conditions have not been remedied after a reasonable
17opportunity and assistance to cure identified deficiencies has
18been provided, the Department shall provide a final written
19notice explaining the reasons for denying the certified
20relative caregiver home approval and the reconsideration
21process to review the decision to deny certification. The
22Department shall not prohibit a prospective certified relative
23caregiver from being reconsidered for approval if the
24prospective certified relative caregivers are able to
25demonstrate a change in circumstances that improves deficient
26conditions.

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1    Documentation that a certified relative caregiver home
2meets the required standards may be filed on behalf of such
3homes by a licensed child welfare agency, by a State agency
4authorized to place children in foster care, or by
5out-of-state agencies approved by the Department to place
6children in this State. For documentation on behalf of a home
7in which specific children are placed by and remain under
8supervision of the applicant agency, such agency shall
9document that the certified relative caregiver home,
10responsible for the care of related specific children therein,
11was found to be in reasonable compliance with standards
12prescribed by the Department for certified relative caregiver
13homes under this Section. Certification is applicable to one
14or more related children and documentation for certification
15shall indicate the specific child or children who would be
16eligible for placement in this certified relative caregiver
17home.
18    Information concerning criminal convictions of prospective
19certified relative caregivers and adult residents of a
20prospective certified relative caregiver home investigated
21under this Section, including the source of the information,
22State conviction information provided by the Illinois State
23Police, and any conclusions or recommendations derived from
24the information, shall be offered to the prospective certified
25relative caregivers and adult residents of a prospective
26certified relative caregiver home, and provided, upon request,

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1to such persons prior to final action by the Department in the
2certified relative caregiver home approval process.
3    Any information concerning criminal charges or the
4disposition of such criminal charges obtained by the
5Department shall be confidential and may not be transmitted
6outside the Department, except as required or permitted by
7State or federal law, and may not be transmitted to anyone
8within the Department except as needed for the purpose of
9evaluating standards for a certified relative caregiver home
10or for evaluating the placement of a specific child in the
11home. Information concerning a prospective certified relative
12caregiver or an adult resident of a prospective certified
13relative caregiver home obtained by the Department for the
14purposes of this Section shall be confidential and exempt from
15public inspection and copying as provided under Section 7 of
16the Freedom of Information Act, and such information shall not
17be transmitted outside the Department, except as required or
18authorized by State or federal law, including applicable
19provisions in the Abused and Neglected Child Reporting Act,
20and shall not be transmitted to anyone within the Department
21except as provided in the Abused and Neglected Child Reporting
22Act, and shall not be transmitted to anyone within the
23Department except as needed for the purposes of evaluating
24homes. Any employee of the Department, the Illinois State
25Police, or a licensed child welfare agency receiving
26confidential information under this Section who gives or

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1causes to be given any confidential information concerning any
2criminal convictions or child abuse or neglect reports
3involving a prospective certified relative caregiver or an
4adult resident of a prospective certified relative caregiver
5home shall be guilty of a Class A misdemeanor unless release of
6such information is authorized by this Section or Section 11.1
7of the Abused and Neglected Child Reporting Act.
8    The Department shall permit, but shall not require, a
9prospective certified relative caregiver who does not yet have
10eligible children placed by the Department in the relative's
11home to commence the process to become a certified relative
12caregiver home for a particular identified child under this
13Section before a child is placed by the Department if the
14prospective certified relative caregiver prefers to begin this
15process in advance of the identified child being placed. No
16later than July 1, 2025, the Department shall adopt rules
17delineating the process for re-assessing a certified relative
18caregiver home if the identified child is not placed in that
19home within 6 months of the home becoming certified.
20    (d) The Department shall ensure that prospective certified
21relative caregivers are provided with assistance in completing
22the steps required for approval as a certified relative
23caregiver home, including, but not limited to, the following
24types of assistance:
25        (1) completing forms together with the relative or for
26 the relative, if possible;

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1        (2) obtaining court records or dispositions related to
2 background checks;
3        (3) accessing translation services;
4        (4) using mobile fingerprinting devices in the home,
5 and if mobile devices are unavailable, providing
6 assistance scheduling appointments that are accessible and
7 available at times that fit the household members'
8 schedules, providing transportation and child care to
9 allow the household members to complete fingerprinting
10 appointments, and contracting with community-based
11 fingerprinting locations that offer evening and weekend
12 appointments;
13        (5) reimbursement or advance payment for the
14 prospective certified relative caregiver to help with
15 reasonable home maintenance to resolve critical safety
16 issues in accordance with Department rulemaking; and
17        (6) purchasing required safety or comfort items such
18 as a car seat or mattress.
19    (e) Orientation provided to certified relative caregivers
20shall include information regarding:
21        (1) caregivers' right to be heard in juvenile court
22 proceedings;
23        (2) the availability of the advocacy hotline and
24 Office of the Inspector General that caregivers may use to
25 report incidents of misconduct or violation of rules by
26 Department employees, service providers, or contractors;

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1        (3) the Department's expectations for caregiving
2 obligations including, but not limited to, specific
3 requirements of court orders, critical incident
4 notifications and timeframes, supervision for the child's
5 age and needs, out-of-state travel, and consent
6 procedures;
7        (4) assistance available to the certified relative
8 caregivers, including child care, respite care,
9 transportation assistance, case management, training and
10 support groups, kinship navigator services, financial
11 assistance, and after hours and weekend 24 hours, 7 days a
12 week emergency supports, and how to access such
13 assistance;
14        (5) reasonable and prudent parenting standards; and
15        (6) permanency options.
16    Orientation shall be provided in a setting and modality
17convenient for the residents of the certified relative
18caregiver home, which shall include the option for one-on-one
19sessions at the residence, after business hours, and in the
20primary language of the caregivers. Training opportunities
21shall be offered to the residents of the certified relative
22caregiver home, but shall not be a requirement that delays the
23certified relative caregiver home approval process from being
24completed.
25    The Department or licensed child welfare agency may
26provide support groups and development opportunities for

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1certified relative caregivers, and take other steps to support
2permanency, such as offering voluntary training, or concurrent
3assessments of multiple prospective certified relative
4caregivers to determine which may be best suited to provide
5long-term permanency for a particular child. However, these
6support groups and development opportunities shall not be
7requirements for prospective certified relative caregiver
8homes or delay immediate placement and support to a relative
9who satisfies the standards set forth in this Section.
10    (f) All child welfare agencies serving relative and
11certified relative caregiver homes shall be required by the
12Department to have complaint policies and procedures that
13shall be provided in writing to prospective and current
14certified relative caregivers and residents of prospective and
15current certified relative caregiver homes, at the earliest
16time possible. The complaint procedure shall allow residents
17of prospective and current certified relative caregiver homes
18to submit complaints 7 days a week and complaints shall be
19reviewed by the Department within 30 days of receipt. These
20complaint procedures must be filed with the Department within
216 months after the effective date of this amendatory of the
22103rd General Assembly.
23    No later than July 1, 2025, the Department shall revise
24any rules and procedures pertaining to eligibility of
25certified relative caregivers to qualify for State and federal
26subsidies and services under the guardianship and adoption

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1assistance program and remove any requirements that exceed the
2federal requirements for participation in these programs or
3supports to ensure that certified relative caregiver homes are
4deemed eligible for permanency options, such as adoption or
5subsidized guardianship, if the child is unable to safely
6return to the child's parents. The rules shall outline the
7essential elements of each form used in the implementation and
8enforcement of the provisions of this amendatory Act of the
9103rd General Assembly.
10    The Department shall submit any necessary State plan
11amendments necessary to comply with this Section and to ensure
12Title IV-E reimbursement eligibility under Section
13671(a)(20)(A-B) of the Social Security Act can be achieved
14expediently. The Department shall differentiate expenditures
15related to certified relative caregivers from licensed care
16placements to provide clarity in expenditures of State and
17federal monies for certified relative caregiver supports.
18(Source: P.A. 103-1061, eff. 7-1-25.)
19    Section 15-10. The Illinois Public Aid Code is amended by
20changing Sections 4-12 and 4-22 as follows:
21    (305 ILCS 5/4-12)    (from Ch. 23, par. 4-12)
22    Sec. 4-12. Crisis assistance. Where a family has been (1)
23rendered homeless or threatened with homelessness by fire,
24flood, other natural disaster, eviction or court order to

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1vacate the premises for reasons other than nonpayment of rent,
2or where a family has become homeless because they have left
3their residence due to domestic or sexual violence; (1.5)
4deprived of the household's income as a result of domestic or
5sexual violence; (2) deprived of essential items of furniture
6or essential clothing by fire or flood or other natural
7disaster; (3) deprived of food as a result of actions other
8than loss or theft of cash and where the deprivation cannot be
9promptly alleviated through the federal food stamp program;
10(4) as a result of a documented theft or documented loss of
11cash, deprived of food or essential clothing or deprived of
12shelter or immediately threatened with deprivation of shelter
13as evidenced by a court order requiring immediate eviction due
14to nonpayment of rent; or (5) rendered the victim of such other
15hardships as the Illinois Department shall by rule define, the
16Illinois Department may provide assistance to alleviate such
17needs. The Illinois Department shall verify need and determine
18eligibility for crisis assistance for families already
19receiving grants from the Illinois Department within 5 working
20days following application for such assistance and shall
21determine eligibility for all other families and afford such
22assistance for families found eligible within such time limits
23as the Illinois Department shall by rule provide. The Illinois
24Department may, by rule, limit crisis assistance to an
25eligible family to once in any 12 consecutive months. This
26limitation may be made for some or all items of crisis

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1assistance.
2    The Illinois Department by regulation shall specify the
3criteria for determining eligibility and the amount and nature
4of assistance to be provided. Where deprivation of shelter
5exists or is threatened, the Illinois Department must inform
6the family of crisis assistance funding, when available. Upon
7the availability of funds, the Department shall provide no
8less than $1,250 to eligible families for up to 4 months may
9provide reasonable moving expenses, short term rental costs,
10including one month's rent and a security deposit where such
11expenses are needed for relocation, and, where the Department
12determines appropriate, provide assistance to prevent an
13imminent eviction or foreclosure. These amounts may be
14described in established amounts or maximums. The Illinois
15Department may also describe, for each form of assistance
16authorized, the method by which the assistance shall be
17delivered, including but not limited to warrants or disbursing
18orders.
19    Annual expenditures under this Section shall not exceed
20$2,000,000. The Illinois Department shall review such
21expenditures quarterly and shall, if necessary, reduce the
22amounts or nature of assistance authorized in order to assure
23that the limit is not exceeded.
24    This Section shall be subject to the civil remedies
25outlined in Section 8A-7.    
26(Source: P.A. 96-866, eff. 7-1-10.)

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1    (305 ILCS 5/4-22)
2    Sec. 4-22. Domestic and sexual violence.
3    (a) Findings and policy. The General Assembly finds that
4it is the policy of the State of Illinois that:    
5        (1) no individual or family should be forced to remain
6 in a violent living situation or place themselves or
7 others at risk in order to attain or retain TANF
8 assistance; and
9        (2) no individual or family should be unfairly
10 penalized because past or present domestic or sexual
11 violence or the risk of domestic or sexual violence causes
12 them to fail to comply with TANF program requirements for
13 assistance.
14The assessment process to develop the personal plan for
15achieving self-sufficiency shall include questions that screen
16for domestic and sexual violence issues. If the individual
17indicates that he or she is the victim of domestic or sexual
18violence and indicates a need to address domestic or sexual
19violence issues in order to reach self-sufficiency, the plan
20shall take this factor into account in determining the work,
21education, and training activities suitable to the client for
22achieving self-sufficiency. In addition, in such a case,
23specific steps needed to directly address the domestic or
24sexual violence issues may also be made part of the plan,
25including referral to an available domestic or sexual violence

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1program. The Department shall conduct an individualized
2assessment and grant waivers of program requirements and other
3required activities for victims of domestic violence to the
4fullest extent allowed by 42 U.S.C. 602(a)(7)(A), and shall
5apply the same laws, regulations, and policies to victims of
6sexual violence. The duration of such waivers shall be
7initially determined and subsequently redetermined on a
8case-by-case basis. There shall be no limitation on the total
9number of months for which waivers under this Section may be
10granted, but continuing eligibility for a waiver shall be
11redetermined no less often than every 6 months.    
12    (a-5) Definitions. As used in this Section:
13    "Domestic violence" has the meaning ascribed to it in
14Section 103 of the Illinois Domestic Violence Act of 1986.
15    "Sexual assault" or "sexual violence" means any conduct of
16an adult or minor child proscribed in Article 11 of the
17Criminal Code of 2012, except for Sections 11-35, 11-40, and
1811-45 of the Criminal Code of 2012, including conduct
19committed by a perpetrator who is a stranger to the victim and
20conduct by a perpetrator who is known or related by blood or
21marriage to the victim.
22    (b) In recognition of the reality of domestic or sexual
23violence for many individuals and families who may need
24assistance, when making determinations as to an individual's
25compliance with TANF program requirements, the Department of
26Human Services shall implement the federal Family Violence

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1Option created under Section 402 of the Personal
2Responsibility and Work Opportunity Reconciliation Act of
31996, (P.L. 104-193), and as set forth in 42 U.S.C. 602(a)(7),
4including any implementing federal regulations at Part 260,
5Subtitle B, Chapter II, Title 45 of the Code of Federal
6Regulations.    
7    (c) In accordance with subsection (b) and Section
8402(a)(8) of the Social Security Act as amended by the federal
9Consolidated Appropriations Act, 2022 (P.L. 117-103), the
10Department shall:
11        (1) evaluate its policy of identifying individuals who
12 are victims of domestic or sexual violence;
13        (2) provide universal notification of the good cause
14 waiver at the time of an individual's initial TANF
15 application;
16        (3) refer individuals who are victims of domestic or
17 sexual violence to counseling, shelter, or other
18 appropriate services; and
19        (4) automatically waive TANF program requirements,
20 including, but not limited to, child support cooperation,
21 work requirements, and time limits for individuals who are
22 victims of domestic or sexual violence.
23    (d) Individuals who are victims of domestic or sexual
24violence may provide documentation or third-party
25verification, if possible, as evidence of the domestic or
26sexual violence. If an individual is unable to obtain

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1documentation or third-party verification, then
2self-attestation shall suffice to establish eligibility for a
3good cause waiver based upon domestic or sexual violence. The
4following shall establish eligibility for a good cause waiver:
5        (1) Documentation, including law enforcement records,
6 court records, medical or treatment records, social
7 service records, and child protective service records.
8        (2) Third-party verification of domestic or sexual
9 violence from any entity or individual who has knowledge
10 of the circumstances which serve as the basis for the good
11 cause waiver, including, but not limited to:
12            (A) a domestic violence or sexual violence service
13 provider;
14            (B) a clergy member or religious leader;
15            (C) a medical, psychological, or social service
16 provider;
17            (D) a law enforcement professional;
18            (E) a legal representative; or
19            (F) an acquaintance, friend, relative, or neighbor
20 of the claimant, or any other individual.
21        (3) Self-attestation. If an individual is unable to
22 obtain any of the items of evidence or documentation
23 described in paragraphs (1) and (2), then the individual
24 may self-affirm that he or she cannot safely comply with a
25 TANF program requirement due to domestic or sexual
26 violence.

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1    (e) The Department shall create a Family Safety Notice
2form that:
3        (1) describes domestic and sexual violence;
4        (2) list the waivers available for TANF recipients who
5 are victims of domestic or sexual violence;
6        (3) describes the Department's procedure and appeal
7 process when making a determination as to an individual's
8 eligibility for a good cause waiver;
9        (4) lists the contact information of an available
10 statewide domestic and sexual violence organization; and
11        (5) provides a verification form that:
12            (A) defines a good cause waiver claim;
13            (B) lists acceptable documentation to support a
14 claim of domestic or sexual violence as described in
15 paragraph (1) of subsection (d);
16            (C) describes the entities and individuals
17 permitted to provide third-party verification of
18 domestic or sexual violence as provided in paragraph
19 (2) of subsection (d);
20            (D) explains that the if an individual is unable
21 to obtain any of the documentation or third-party
22 verification described in paragraphs (1) and (2) of
23 subsection (d), the individual may self-affirm that he
24 or she cannot safely comply with a TANF program
25 requirement due to domestic or sexual violence.
26    The Department shall not require an individual applying

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1for or receiving TANF benefits to obtain an order of
2protection or to leave the alleged abuser in order to obtain a
3good cause waiver.
4    A good cause waiver determination based on domestic or
5sexual violence shall be made within 15 calendar days from the
6date the claim was initiated by the individual.
7    (f) Crisis assistance funding. If an individual is TANF
8eligible and is provided a good cause waiver, the Department
9must inform the individual of crisis assistance funding, upon
10availability. When available, the Department shall provide
11funding of no less than $1250 to eligible individuals and
12families for 4 months.
13    (g) (b) The Illinois Department shall develop and monitor
14compliance procedures for its employees, contractors, and
15subcontractors to ensure that any information pertaining to
16any client who claims to be a past or present victim of
17domestic violence or an individual at risk of further domestic
18violence, whether provided by the victim or by a third party,
19will remain confidential.
20    (h) (c) The Illinois Department shall develop and
21implement a domestic violence training curriculum for Illinois
22Department employees who serve applicants for and recipients
23of aid under this Article. The curriculum shall be designed to
24better equip those employees to identify and serve domestic
25violence victims. The Illinois Department may enter into a
26contract for the development of the curriculum with one or

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1more organizations providing services to domestic violence
2victims. The Illinois Department shall adopt rules necessary
3to implement this subsection.
4    (i) The Department shall adopt rules necessary to
5implement the amendatory changes made to this Section by this
6amendatory Act of the 104th General Assembly.    
7    (j) The Department shall report data on the State's TANF
8caseload, the number of individuals applying for a good cause
9waiver, and the number of waivers granted. The Department
10shall provide the number of individuals eligible and applying
11for crisis assistance funding under this Section as part of
12its annual report to the General Assembly. The report shall
13exclude any personally identifiable information.    
14(Source: P.A. 96-866, eff. 7-1-10.)
15
Article 20.
16    Section 20-5. The Department of Public Health Powers and
17Duties Law of the Civil Administrative Code of Illinois is
18amended by adding Sections 2310-715.1 and 2310-745 as follows:
19    (20 ILCS 2310/2310-715.1 new)
20    Sec. 2310-715.1. Healthcare strategy and sustainability
21planning. The Department, under the direction of the Office of
22the Governor and in coordination with any other appropriate
23State office, shall engage in health care strategy and

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1delivery planning efforts to determine steps to strengthen
2safety-net hospitals and other health care systems in pursuit
3of long-term sustainability.
4    (20 ILCS 2310/2310-745 new)
5    Sec. 2310-745. Transfer of Coroner Training Board.    
6    (a) The Coroner Training Board, as created by the Coroner
7Training Board Act, is hereby transferred to the Department.
8On and after July 1, 2025, the Department shall exercise the
9powers, duties, rights, and responsibilities provided under
10the Coroner Training Board Act and transferred to the
11Department under this amendatory Act of the 104th General
12Assembly.
13    (b) As soon as practicable after July 1, 2025, but not
14later than September 1, 2025, the personnel of the Coroner
15Training Board shall be transferred to the Department. The
16status and rights of those employees under the Personnel Code
17shall not be affected by the transfer. The rights of the
18employees and of the State of Illinois and its agencies under
19the Personnel Code or under any pension, retirement, or
20annuity plan shall not be affected by this amendatory Act of
21the 104th General Assembly.
22    (c) As soon as practicable after July 1, 2025, but not
23later than September 1, 2025, all books, records, papers,
24documents, property (real and personal), contracts, causes of
25action, and pending business pertaining to the powers, duties,

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1rights, and responsibilities of the Coroner Training Board,
2including, but not limited to, material in electronic or
3magnetic format and necessary computer hardware and software,
4shall be transferred to the Department.
5    (d) Whenever reports or notices are now required to be
6made or given or papers or documents furnished or served by any
7person to or upon the Coroner Training Board, the same shall be
8made, given, furnished, or served in the same manner to or upon
9the Department.
10    (e) This amendatory Act of the 104th General Assembly does
11not affect any act done, ratified, or canceled or any right
12occurring or established or any action or proceeding had or
13commenced in an administrative, civil, or criminal cause by
14the Coroner Training Board before this amendatory Act of the
15104th General Assembly takes effect; such actions or
16proceedings may be prosecuted and continued by the Department.
17    (f) Any rules of the Coroner Training Board that relate to
18its powers, duties, rights, and responsibilities and are in
19full force on July 1, 2025 shall become the rules and standards
20of the Department on July 1, 2025, and shall continue in effect
21until amended or repealed by the Department. This amendatory
22Act of the 104th General Assembly does not affect the legality
23of any such rules in the Illinois Administrative Code.
24Preexisting rules adopted by the Department prior to July 1,
252025 shall control in instances where the rules transferred
26from the Coroner Training Board overlap or are otherwise

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1inconsistent.
2    Any rules filed with the Secretary of State by the Coroner
3Training Board that have been proposed but have not taken
4effect or have not been finally adopted by June 30, 2025, shall
5become proposed rules of the Department on July 1, 2025, and
6any rulemaking procedures that have already been completed by
7the Coroner Training Board for those proposed rules need not
8be repeated. On July 1, 2025, or as soon thereafter as
9practicable, the Department shall revise and clarify the rules
10transferred to it under this amendatory Act of the 104th
11General Assembly to reflect the reorganization of powers,
12duties, rights, and responsibilities affected by this
13amendatory Act, using the procedures for recodification of
14rules available under the Illinois Administrative Procedure
15Act, except that existing title, part, and section numbering
16for the affected rules may be retained.
17    (g) On July 1, 2025, or as soon thereafter as practicable,
18all unexpended appropriations and balances and other funds
19available for use by the Coroner Training Board shall be
20transferred for use by the Department. Unexpended balances so
21transferred shall be expended only for the purposes for which
22the appropriations were originally made.    
23    Section 20-10. The Counties Code is amended by changing
24Section 3-3001 as follows:

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1    (55 ILCS 5/3-3001)    (from Ch. 34, par. 3-3001)
2    Sec. 3-3001. Commission; training; duties performed by
3other county officer.
4    (a) Every coroner shall be commissioned by the Governor,
5but no commission shall issue except upon the certificate of
6the county clerk of the proper county of the due election or
7appointment of the coroner and that the coroner has filed his
8or her bond and taken the oath of office as provided in this
9Division.    
10    (b)(1) Within 30 days of assuming office, a coroner
11elected to that office for the first time shall apply for
12admission to the Coroner Training Board coroners training
13program. Completion of the training program shall be within 6
14months of application. Any coroner may direct the chief deputy
15coroner or a deputy coroner, or both, to attend the training
16program, provided the coroner has completed the training
17program. Satisfactory completion of the program shall be
18evidenced by a certificate issued to the coroner by the
19Department of Public Health through the Coroner Training
20Board. All coroners shall complete the training program at
21least once while serving as coroner.    
22    (2) In developing the coroner training program, the
23Department of Public Health Coroner Training Board shall
24consult with the Illinois Coroners and Medical Examiners
25Association or other organization as recommended and approved
26by the Coroner Training Board.    

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1    (3) The Department of Public Health, through the Coroner
2Training Board, shall notify the proper county board of the
3failure by a coroner to successfully complete this training
4program.
5    (c) Every coroner shall attend at least 24 hours of
6accredited continuing education for coroners in each calendar
7year.
8    (d) In all counties that provide by resolution for the
9elimination of the office of coroner pursuant to a referendum,
10the resolution may also provide, as part of the same
11proposition, that the duties of the coroner be taken over by
12another county officer specified by the resolution and
13proposition.
14(Source: P.A. 99-408, eff. 1-1-16.)
15    Section 20-15. The Coroner Training Board Act is amended
16by changing Sections 5, 10, 15, 20, 25, 30, and 35 as follows:
17    (55 ILCS 135/5)
18    Sec. 5. Definitions. As used in this Act:
19    "Board" means the Coroner Training Board.
20    "Coroner" means coroners and deputy coroners.
21    "Coroner training school" means any school located within
22or outside the State of Illinois whether privately or publicly
23owned which offers a course in coroner training and has been
24approved by the Department through the Board.

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1    "Department" means the Department of Public Health.    
2    "Forensic pathologist" means a board certified pathologist
3certified by the American Board of Pathology.
4    "Local governmental agency" means any local governmental    
5unit of local government or municipal corporation in this
6State. It does not include the State of Illinois or any office,
7officer, department, division, bureau, board, commission, or
8agency of the State.
9(Source: P.A. 99-408, eff. 1-1-16.)
10    (55 ILCS 135/10)
11    Sec. 10. Board; composition; appointments; tenure;
12vacancies. The Coroner Training Board is created within and
13under the administrative control of the Department. The Board
14shall be composed of 5 members who shall be appointed by the
15Governor as follows: 2 coroners, one forensic pathologist from
16the Cook County Medical Examiner's Office, one forensic
17pathologist from a county other than Cook County, and one
18citizen of Illinois who is not currently or was a coroner or
19forensic pathologist. Board members shall serve 3-year terms
20that expire on the first Monday of August. The initial
21appointments by the Governor shall be made on the first Monday
22of August in 2016 and the initial appointments' terms shall be
23as follows: one coroner and one forensic pathologist shall be
24for a period of one year, the second coroner and the second
25forensic pathologist for 3 years, and the citizen for a period

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1of 3 years. Their successors shall be appointed in like manner
2for terms to expire the first Monday of August each 3 years
3thereafter. All members shall serve until their respective
4successors are appointed and qualify. Vacancies shall be
5filled by the Governor for the unexpired terms. This
6amendatory Act of the 104th General Assembly shall not reduce
7or otherwise affect the term of any member of the Board.    
8(Source: P.A. 99-408, eff. 1-1-16.)
9    (55 ILCS 135/15)
10    Sec. 15. Election Initial board meeting; election of
11officers; meetings. The initial meeting of the Board shall be
12held no later than August 31, 2016. The Board shall elect from
13its number a Chairman and Vice-Chairman, shall adopt rules of
14procedure, and shall meet at least 4 times each year.
15    The Department Board may employ an Executive Director and
16other necessary clerical and technical personnel to provide
17administrative support for the Board. Special meetings of the
18Board may be called at any time by the Chairman or upon the
19request of any 2 members. The members of the Board shall serve
20without compensation but shall be entitled to reimbursement
21for their actual expenses in attending meetings and in the
22performance of their duties hereunder from funds appropriated
23for that purpose.
24(Source: P.A. 99-408, eff. 1-1-16.)

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1    (55 ILCS 135/20)
2    Sec. 20. Powers of the Department Board. The Department    
3Board has the following powers and duties to carry out the
4purposes of this Act:
5    (a) To require units of local government to furnish such
6reports and information as the Board deems necessary to fully
7implement this Act.
8    (b) To establish by rule appropriate mandatory minimum
9standards relating to the training of coroners, including, but
10not limited to, Part 1760 of Chapter V of Title 20 of the
11Illinois Administrative Code. The Department Board shall
12consult with the Illinois Coroners and Medical Examiners
13Association when adopting mandatory minimum standards.
14    (c) To provide appropriate certification to those coroners
15who successfully complete the prescribed minimum standard
16basic training course.
17    (d) To review and approve annual training curricula    
18curriculum for coroners.
19    (e) To review and approve applicants to ensure no
20applicant is admitted to a coroner training school unless the
21applicant is a person of good character and has not been
22convicted of a felony offense, any of the misdemeanors in
23Sections 11-1.50, 11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2,
2412-15, 16-1, 17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a,
25or 32-7 of the Criminal Code of 1961 or the Criminal Code of
262012, subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of

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1the Criminal Code of 1961 or the Criminal Code of 2012, or
2subsection (a) of Section 17-32 of the Criminal Code of 1961 or
3the Criminal Code of 2012, or Section 5 or 5.2 of the Cannabis
4Control Act, or a crime involving moral turpitude under the
5laws of this State or any other state, or under federal law,    
6which if committed in this State would be punishable as a
7felony or a crime of moral turpitude. The Department Board may
8appoint investigators who shall enforce the duties conferred
9upon the Department Board by this Act.
10(Source: P.A. 99-408, eff. 1-1-16.)
11    (55 ILCS 135/25)
12    Sec. 25. Selection and certification of schools. The
13Department, through the Board, shall select and certify
14coroner training schools within or outside the State of
15Illinois for the purpose of providing basic training for
16coroners and of providing advanced or in-service training for
17coroners, which schools may be either publicly or privately
18owned and operated. This amendatory Act of the 104th General
19Assembly shall not affect the status of schools selected and
20certified by the Board before July 1, 2025.    
21(Source: P.A. 99-408, eff. 1-1-16.)
22    (55 ILCS 135/30)
23    Sec. 30. Death investigation training; waiver for
24experience.     

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1    (a) The Department, through the Board, shall conduct or
2approve a training program in death investigation for the
3training of coroners. Only coroners who successfully complete
4the training program may be assigned as lead investigators in
5a coroner's investigations. Satisfactory completion of the
6training program shall be evidenced by a certificate issued to
7the coroner by the Board.
8    (b) The Department, through the Board, shall develop a
9process for waiver applications sent from a coroner's office
10for those coroners whose prior training and experience as a
11death or homicide investigator may qualify them for a waiver.
12The Department, upon the recommendation of the Board, Board    
13may issue a waiver at its discretion, based solely on the prior
14training and experience of a coroner as a death or homicide
15investigator.
16    (c) This amendatory Act of the 104th General Assembly
17shall not affect the status of certifications or waivers
18issued by the Board prior to July 1, 2025.    
19(Source: P.A. 99-408, eff. 1-1-16.)
20    (55 ILCS 135/35)
21    Sec. 35. Acceptance of contributions and gifts. The
22Department Board may accept contributions, capital grants,
23gifts, donations, services or other financial assistance from
24any individual, association, corporation, the United States of
25America and any of its agencies or instrumentalities, or any

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1other organization having a legitimate interest in coroner
2training.
3(Source: P.A. 99-408, eff. 1-1-16.)
4    Section 20-20. The Vital Records Act is amended by
5changing Section 25.5 as follows:
6    (410 ILCS 535/25.5)
7    Sec. 25.5. Death Certificate Surcharge Fund. The
8additional $2 fee for certified copies of death certificates
9and fetal death certificates must be deposited into the Death
10Certificate Surcharge Fund, a special fund created in the
11State treasury. Moneys Beginning 30 days after the effective
12date of this amendatory Act of the 92nd General Assembly and
13until January 1, 2003 and then beginning again on July 1, 2003
14and until July 1, 2005, moneys in the Fund, subject to
15appropriation, may be used by the Department for the purpose
16of implementing an electronic reporting system for death
17registrations as provided in Section 18.5 of this Act. Before
18the effective date of this amendatory Act of the 92nd General
19Assembly, on and after January 1, 2003 and until July 1, 2003,
20and on and after July 1, 2005, moneys in the Fund, subject to
21appropriations, may be used as follows: (i) 25% by the
22Department of Public Health Coroner Training Board for the
23purpose of training coroners, deputy coroners, forensic
24pathologists, and police officers for death investigations and

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1lodging and travel expenses relating to training, (ii) 25% for
2grants by the Department of Public Health for distribution to
3all local county coroners and medical examiners or officials
4charged with the duties set forth under Division 3-3 of the
5Counties Code, who have a different title, for equipment and
6lab facilities, (iii) 25% by the Department of Public Health
7for the purpose of setting up a statewide database of death
8certificates and implementing an electronic reporting system
9for death registrations pursuant to Section 18.5, and (iv) 25%
10for a grant by the Department of Public Health to local
11registrars.
12(Source: P.A. 99-408, eff. 1-1-16.)
13
Article 25.
14    Section 25-5. If and only if House Bill 1697 of the 104th
15General Assembly, as amended by Senate Amendment Nos. 2, 4,
16and 5, becomes law, the Illinois Insurance Code is amended by
17changing Section 513b2 as follows:
18    (215 ILCS 5/513b2)
19    Sec. 513b2. Licensure requirements.
20    (a) Beginning on July 1, 2020, to conduct business in this
21State, a pharmacy benefit manager must register with the
22Director. To initially register or renew a registration, a
23pharmacy benefit manager shall submit:

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1        (1) A nonrefundable fee not to exceed $500.
2        (2) A copy of the registrant's corporate charter,
3 articles of incorporation, or other charter document.
4        (3) A completed registration form adopted by the
5 Director containing:
6            (A) The name and address of the registrant.
7            (B) The name, address, and official position of
8 each officer and director of the registrant.
9    (b) The registrant shall report any change in information
10required under this Section to the Director in writing within
1160 days after the change occurs.
12    (c) Upon receipt of a completed registration form, the
13required documents, and the registration fee, the Director
14shall issue a registration certificate. The certificate may be
15in paper or electronic form, and shall clearly indicate the
16expiration date of the registration. Registration certificates
17are nontransferable.
18    (d) A registration certificate is valid for 2 years after
19its date of issue. The Director shall adopt by rule an initial
20registration fee not to exceed $500 and a registration renewal
21fee not to exceed $500, both of which shall be nonrefundable.
22Total fees may not exceed the cost of administering this
23Section.
24    (e) The Department shall adopt any rules necessary to
25implement this Section.
26    (f) On or before August 1, 2025, the pharmacy benefit

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1manager shall submit a report to the Department that lists the
2name of each health benefit plan it administers, provides the
3number of covered individuals for each health benefit plan as
4of the date of submission, and provides the total number of
5covered individuals across all health benefit plans the
6pharmacy benefit manager administers. On or before September
71, 2025, a registered pharmacy benefit manager, as a condition
8of its authority to transact business in this State, must
9submit to the Department an amount equal to $15 or an alternate
10amount as determined by the Director by rule per covered
11individual enrolled by the pharmacy benefit manager in this
12State, as detailed in the report submitted to the Department
13under this subsection, during the preceding calendar year. On
14or before September 1, 2026 and each September 1 thereafter,
15payments submitted under this subsection shall be based on the
16number of covered individuals reported to the Department in
17Section 513b1.1.
18    (g) All amounts collected under this Section shall be
19deposited into the Prescription Drug Affordability Fund, which
20is hereby created as a special fund in the State treasury. Of
21the amounts collected under this Section each fiscal year, at
22the direction of the Department, the Comptroller shall direct
23and the Treasurer shall transfer the first $25,000,000 into
24the DCEO Projects Fund for grants to support pharmacies under
25Section 605-60 of the Department of Commerce and Economic
26Opportunity Law; then, at the direction of the Department, the

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1Comptroller shall direct and the Treasurer shall transfer the
2remainder of the amounts collected under this Section into the
3General Revenue Fund.
4(Source: P.A. 101-452, eff. 1-1-20; 104HB1697sam002, sam004,
5and sam005.)
6
Article 27.
7    Section 27-5. The Department of Public Health Powers and
8Duties Law of the Civil Administrative Code of Illinois is
9amended by changing Section 2310-362 as follows:
10    (20 ILCS 2310/2310-362)
11    Sec. 2310-362. The Autoimmune Disease Research Fund.    
12    (a) The Autoimmune Disease Research Fund is created as a
13special fund in the State treasury. From appropriations to the
14Department from the Fund, the Department shall make grants to
15public and private entities in the State for the purpose of
16funding research for the treatment and cure of autoimmune
17diseases.
18    (b) For the purposes of this Section:
19    "Autoimmune disease" means any disease that results from
20an aberrant immune response, including, without limitation,
21rheumatoid arthritis, systemic lupus erythematosus, and
22scleroderma.
23    "Research" includes, without limitation, expenditures to

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1develop and advance the understanding, techniques, and
2modalities effective in the detection, prevention, screening,
3and treatment of autoimmune disease and may include clinical
4trials. "Research" does not include institutional overhead
5costs, indirect costs, other organizational levies, or costs
6of community-based support services.
7    (c) Moneys received for the purposes of this Section,
8including, without limitation, income tax checkoff receipts
9and gifts, grants, and awards from any public or private
10entity, must be deposited into the Fund. Any interest earnings
11that are attributable to moneys in the Fund must be deposited
12into the Fund.
13    (d) Notwithstanding any other provision of law, in
14addition to any other transfers that may be provided by law, on
15July 1, 2025, or as soon thereafter as practical, the State
16Comptroller shall direct and the State Treasurer shall
17transfer the remaining balance from the Autoimmune Disease
18Research Fund into the Multiple Sclerosis Research Fund. Upon
19completion of the transfers, the Autoimmune Disease Research
20Fund is dissolved, and any future deposits due to that Fund and
21any outstanding obligations or liabilities of that Fund pass
22to the Multiple Sclerosis Research Fund.
23    (e) This Section is repealed on January 1, 2026.    
24(Source: P.A. 95-435, eff. 8-27-07; 95-876, eff. 8-21-08.)
25    Section 27-10. The State Finance Act is amended by

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1changing Sections 5.688, 5.824, and 6z-94 as follows:
2    (30 ILCS 105/5.688)
3    Sec. 5.688. The Autoimmune Disease Research Fund. This
4Section is repealed on January 1, 2026.    
5(Source: P.A. 95-435, eff. 8-27-07; 95-876, eff. 8-21-08.)
6    (30 ILCS 105/5.824)
7    Sec. 5.824. The Children's Wellness Charities Fund. This
8Section is repealed on January 1, 2026.    
9(Source: P.A. 97-1117, eff. 8-27-12; 98-463, eff. 8-16-13.)
10    (30 ILCS 105/6z-94)
11    Sec. 6z-94. The Children's Wellness Charities Fund;
12creation. The Children's Wellness Charities Fund is created as
13a special fund in the State treasury. Moneys in the Fund shall
14be used by the Department of Human Services to make grants to
15public or private not-for-profit entities for the purpose of
16administering grants to children's health and well-being
17charities located in Illinois. For the purposes of this
18Section, "children's health and well-being charities" include,
19but are not limited to, charities that provide mobile care
20centers, free or low-cost lodging, or other services to assist
21children who are being treated for illnesses and their
22families. For the purposes of this Section, "mobile care
23center" means any vehicle built specifically for delivering

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1pediatric health care services. Notwithstanding any other
2provision of law, in addition to any other transfers that may
3be provided by law, on July 1, 2025, or as soon thereafter as
4practical, the State Comptroller shall direct and the State
5Treasurer shall transfer the remaining balance from the
6Children's Wellness Charities Fund into the Ronald McDonald
7House Charities Fund. Upon completion of the transfers, the
8Children's Wellness Charities Fund is dissolved, and any
9future deposits due to that Fund and any outstanding
10obligations or liabilities of that Fund pass to the Ronald
11McDonald House Charities Fund.    
12    This Section is repealed on January 1, 2026.    
13(Source: P.A. 97-1117, eff. 8-27-12.)
14    (35 ILCS 5/507QQ rep.)
15    (35 ILCS 5/507BBB rep.)
16    Section 27-15. The Illinois Income Tax Act is amended by
17repealing Sections 507QQ and 507BBB.
18
Article 30.
19    Section 30-5. The Election Code is amended by changing
20Section 1A-50 as follows:
21    (10 ILCS 5/1A-50)
22    Sec. 1A-50. The ERIC Operations Trust Fund. The ERIC

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1Operations Trust Fund (Trust Fund) is created as a
2nonappropriated trust fund to be held outside of the State
3treasury, with the State Treasurer as ex officio custodian.
4The Trust Fund shall be financed by a combination of private
5donations and by appropriations by the General Assembly. The
6Board may accept from all sources, contributions, grants,
7gifts, bequeaths, legacies of money, and securities to be
8deposited into the Trust Fund. All deposits shall become part
9of the Trust Fund corpus. Moneys in the Trust Fund are not
10subject to appropriation and shall be used by the Board solely
11for the costs and expenses related to the participation in the
12Electronic Registration Information Center pursuant to this
13Code.
14    All gifts, grants, assets, funds, or moneys received by
15the Board for the purpose of participation in the Electronic
16Registration Information Center shall be deposited and held in
17the Trust Fund by the State Treasurer separate and apart from
18all public moneys or funds of this State and shall be
19administered by the Board exclusively for the purposes set
20forth in this Section. All moneys in the Trust Fund shall be
21invested and reinvested by the State Treasurer. All interest
22accruing from these investments shall be deposited into in the
23Trust Fund.
24    The ERIC Operations Trust Fund is not subject to sweeps,
25administrative chargebacks charge-backs, or any other fiscal
26or budgetary maneuver that would in any way transfer any

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1amounts from the ERIC Operations Trust Fund into any other
2fund of the State.
3    On July 1, 2025, or as soon thereafter as practical, the
4State Comptroller shall direct and the State Treasurer shall
5transfer the remaining balance from the ERIC Operations Trust
6Fund into the Elections Special Projects Fund. Upon completion
7of the transfer, the ERIC Operations Trust Fund is dissolved,
8and any future deposits due to that Fund and any outstanding
9obligations or liabilities of that Fund pass to the Elections
10Special Projects Fund.    
11(Source: P.A. 99-522, eff. 6-30-16.)
12    Section 30-10. The State Treasurer Act is amended by
13changing Section 18 as follows:
14    (15 ILCS 505/18)
15    Sec. 18. Banking and automated teller machine services.
16    (a) The Treasurer may enter into written agreements with
17financial institutions for the provision of banking services
18at the State Capitol and with automated teller machine
19providers for the provision of automated teller machine
20services at State office buildings, State parks, State tourism
21centers, and State fairs at Springfield and DuQuoin. The
22Treasurer shall establish competitive procedures for the
23selection of financial institutions and automated teller
24machine providers to provide the services authorized under

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1this Section. No State agency may procure services authorized
2by this Section without the approval of the Treasurer.
3    (b) The Treasurer shall enter into written agreements with
4the authorities having jurisdiction of the property where the
5services are intended to be provided. These agreements shall
6include, but need not be limited to, the quantity of machines
7to be located at the property and the exact location of the
8service or machine and shall establish responsibility for
9payment of expenses incurred in locating the machine or
10service.
11    (c) The Treasurer's agreement with a financial institution
12or automated teller machine providers may authorize the
13financial institution or automated teller machine providers to
14provide any or all of the banking services that the financial
15institution or automated teller machine providers is otherwise
16authorized by law to provide to the public.
17    The Treasurer's agreement with a financial institution or
18automated teller machine providers shall establish the amount
19of compensation to be paid by the financial institution. The
20financial institution or automated teller machine providers
21shall pay the compensation to the Treasurer in accordance with
22the terms of the agreement. The Treasurer shall deposit moneys
23received under this Section into the State Treasurer's Bank
24Services Trust Fund.
25    (d) This Section does not apply to a State office building
26in which a currency exchange or a credit union providing

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1financial services located in the building on July 1, 1995
2(the effective date of Public Act 88-640) is operating.
3    (e) (Blank). Notwithstanding any other provision of law to
4the contrary, and in addition to any other transfers that may
5be provided by law, within 30 days of the effective date of
6this amendatory Act of the 103rd General Assembly, or as soon
7thereafter as practicable, the State Comptroller shall direct
8and the State Treasurer shall transfer the remaining balance
9from the Treasurer's Rental Fee Fund into the State
10Treasurer's Bank Services Trust Fund. Upon completion of the
11transfer, the Treasurer's Rental Fee Fund is dissolved, and
12any future deposits due to that Fund and any outstanding
13obligations or liabilities of that Fund shall pass to the
14State Treasurer's Bank Services Trust Fund.    
15(Source: P.A. 103-234, eff. 1-1-24.)
16    Section 30-15. The Substance Use Disorder Act is amended
17by changing Sections 5-10, 50-5, 50-25, 50-30, and 50-35 as
18follows:
19    (20 ILCS 301/5-10)
20    Sec. 5-10. Functions of the Department.
21    (a) In addition to the powers, duties and functions vested
22in the Department by this Act, or by other laws of this State,
23the Department shall carry out the following activities:
24        (1) Design, coordinate and fund comprehensive

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1 community-based and culturally and gender-appropriate
2 services throughout the State. These services must include
3 prevention, early intervention, treatment, and other
4 recovery support services for substance use disorders that
5 are accessible and address the needs of at-risk
6 individuals and their families.
7        (2) Act as the exclusive State agency to accept,
8 receive and expend, pursuant to appropriation, any public
9 or private monies, grants or services, including those
10 received from the federal government or from other State
11 agencies, for the purpose of providing prevention, early
12 intervention, treatment, and other recovery support
13 services for substance use disorders.
14        (2.5) In partnership with the Department of Healthcare
15 and Family Services, act as one of the principal State
16 agencies for the sole purpose of calculating the
17 maintenance of effort requirement under Section 1930 of
18 Title XIX, Part B, Subpart II of the Public Health Service
19 Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
20 96.134).
21        (3) Coordinate a statewide strategy for the
22 prevention, early intervention, treatment, and recovery
23 support of substance use disorders. This strategy shall
24 include the development of a comprehensive plan, submitted
25 annually with the application for federal substance use
26 disorder block grant funding, for the provision of an

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1 array of such services. The plan shall be based on local
2 community-based needs and upon data including, but not
3 limited to, that which defines the prevalence of and costs
4 associated with substance use disorders. This
5 comprehensive plan shall include identification of
6 problems, needs, priorities, services and other pertinent
7 information, including the needs of minorities and other
8 specific priority populations in the State, and shall
9 describe how the identified problems and needs will be
10 addressed. For purposes of this paragraph, the term
11 "minorities and other specific priority populations" may
12 include, but shall not be limited to, groups such as
13 women, children, intravenous drug users, persons with AIDS
14 or who are HIV infected, veterans, African-Americans,
15 Puerto Ricans, Hispanics, Asian Americans, the elderly,
16 persons in the criminal justice system, persons who are
17 clients of services provided by other State agencies,
18 persons with disabilities and such other specific
19 populations as the Department may from time to time
20 identify. In developing the plan, the Department shall
21 seek input from providers, parent groups, associations and
22 interested citizens.
23        The plan developed under this Section shall include an
24 explanation of the rationale to be used in ensuring that
25 funding shall be based upon local community needs,
26 including, but not limited to, the incidence and

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1 prevalence of, and costs associated with, substance use
2 disorders, as well as upon demonstrated program
3 performance.
4        The plan developed under this Section shall also
5 contain a report detailing the activities of and progress
6 made through services for the care and treatment of
7 substance use disorders among pregnant women and mothers
8 and their children established under subsection (j) of
9 Section 35-5.
10        As applicable, the plan developed under this Section
11 shall also include information about funding by other
12 State agencies for prevention, early intervention,
13 treatment, and other recovery support services.
14        (4) Lead, foster and develop cooperation, coordination
15 and agreements among federal and State governmental
16 agencies and local providers that provide assistance,
17 services, funding or other functions, peripheral or
18 direct, in the prevention, early intervention, treatment,
19 and recovery support for substance use disorders. This
20 shall include, but shall not be limited to, the following:
21            (A) Cooperate with and assist other State
22 agencies, as applicable, in establishing and
23 conducting substance use disorder services among the
24 populations they respectively serve.
25            (B) Cooperate with and assist the Illinois
26 Department of Public Health in the establishment,

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1 funding and support of programs and services for the
2 promotion of maternal and child health and the
3 prevention and treatment of infectious diseases,
4 including, but not limited to, HIV infection,
5 especially with respect to those persons who are high
6 risk due to intravenous injection of illegal drugs, or
7 who may have been sexual partners of these
8 individuals, or who may have impaired immune systems
9 as a result of a substance use disorder.
10            (C) Supply to the Department of Public Health and
11 prenatal care providers a list of all providers who
12 are licensed to provide substance use disorder
13 treatment for pregnant women in this State.
14            (D) Assist in the placement of child abuse or
15 neglect perpetrators (identified by the Illinois
16 Department of Children and Family Services (DCFS)) who
17 have been determined to be in need of substance use
18 disorder treatment pursuant to Section 8.2 of the
19 Abused and Neglected Child Reporting Act.
20            (E) Cooperate with and assist DCFS in carrying out
21 its mandates to:
22                (i) identify substance use disorders among its
23 clients and their families; and
24                (ii) develop services to deal with such
25 disorders.
26        These services may include, but shall not be limited

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1 to, programs to prevent or treat substance use
2 disorders with DCFS clients and their families,
3 identifying child care needs within such treatment,
4 and assistance with other issues as required.
5            (F) Cooperate with and assist the Illinois
6 Criminal Justice Information Authority with respect to
7 statistical and other information concerning the
8 incidence and prevalence of substance use disorders.
9            (G) Cooperate with and assist the State
10 Superintendent of Education, boards of education,
11 schools, police departments, the Illinois State
12 Police, courts and other public and private agencies
13 and individuals in establishing prevention programs
14 statewide and preparing curriculum materials for use
15 at all levels of education.
16            (H) Cooperate with and assist the Illinois
17 Department of Healthcare and Family Services in the
18 development and provision of services offered to
19 recipients of public assistance for the treatment and
20 prevention of substance use disorders.
21            (I) (Blank).
22        (5) From monies appropriated to the Department from
23 the Drunk and Drugged Driving Prevention Fund, reimburse
24 DUI evaluation and risk education programs licensed by the
25 Department for providing indigent persons with free or
26 reduced-cost evaluation and risk education services

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1 relating to a charge of driving under the influence of
2 alcohol or other drugs.
3        (6) Promulgate regulations to identify and disseminate
4 best practice guidelines that can be utilized by publicly
5 and privately funded programs as well as for levels of
6 payment to government funded programs that provide
7 prevention, early intervention, treatment, and other
8 recovery support services for substance use disorders and
9 those services referenced in Sections 15-10 and 40-5.
10        (7) In consultation with providers and related trade
11 associations, specify a uniform methodology for use by
12 funded providers and the Department for billing and
13 collection and dissemination of statistical information
14 regarding services related to substance use disorders.
15        (8) Receive data and assistance from federal, State
16 and local governmental agencies, and obtain copies of
17 identification and arrest data from all federal, State and
18 local law enforcement agencies for use in carrying out the
19 purposes and functions of the Department.
20        (9) Designate and license providers to conduct
21 screening, assessment, referral and tracking of clients
22 identified by the criminal justice system as having
23 indications of substance use disorders and being eligible
24 to make an election for treatment under Section 40-5 of
25 this Act, and assist in the placement of individuals who
26 are under court order to participate in treatment.

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1        (10) Identify and disseminate evidence-based best
2 practice guidelines as maintained in administrative rule
3 that can be utilized to determine a substance use disorder
4 diagnosis.
5        (11) (Blank).
6        (12) Make grants with funds appropriated from the Drug
7 Treatment Fund in accordance with Section 50-35 of this
8 Act 7 of the Controlled Substance and Cannabis Nuisance
9 Act, or in accordance with Section 80 of the
10 Methamphetamine Control and Community Protection Act, or
11 in accordance with subsections (h) and (i) of Section
12 411.2 of the Illinois Controlled Substances Act, or in
13 accordance with Section 6z-107 of the State Finance Act.
14        (13) Encourage all health and disability insurance
15 programs to include substance use disorder treatment as a
16 covered service and to use evidence-based best practice
17 criteria as maintained in administrative rule and as
18 required in Public Act 99-0480 in determining the
19 necessity for such services and continued stay.
20        (14) Award grants and enter into fixed-rate and
21 fee-for-service arrangements with any other department,
22 authority or commission of this State, or any other state
23 or the federal government or with any public or private
24 agency, including the disbursement of funds and furnishing
25 of staff, to effectuate the purposes of this Act.
26        (15) Conduct a public information campaign to inform

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1 the State's Hispanic residents regarding the prevention
2 and treatment of substance use disorders.
3    (b) In addition to the powers, duties and functions vested
4in it by this Act, or by other laws of this State, the
5Department may undertake, but shall not be limited to, the
6following activities:
7        (1) Require all organizations licensed or funded by
8 the Department to include an education component to inform
9 participants regarding the causes and means of
10 transmission and methods of reducing the risk of acquiring
11 or transmitting HIV infection and other infectious
12 diseases, and to include funding for such education
13 component in its support of the program.
14        (2) Review all State agency applications for federal
15 funds that include provisions relating to the prevention,
16 early intervention and treatment of substance use
17 disorders in order to ensure consistency.
18        (3) Prepare, publish, evaluate, disseminate and serve
19 as a central repository for educational materials dealing
20 with the nature and effects of substance use disorders.
21 Such materials may deal with the educational needs of the
22 citizens of Illinois, and may include at least pamphlets
23 that describe the causes and effects of fetal alcohol
24 spectrum disorders.
25        (4) Develop and coordinate, with regional and local
26 agencies, education and training programs for persons

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1 engaged in providing services for persons with substance
2 use disorders, which programs may include specific HIV
3 education and training for program personnel.
4        (5) Cooperate with and assist in the development of
5 education, prevention, early intervention, and treatment
6 programs for employees of State and local governments and
7 businesses in the State.
8        (6) Utilize the support and assistance of interested
9 persons in the community, including recovering persons, to
10 assist individuals and communities in understanding the
11 dynamics of substance use disorders, and to encourage
12 individuals with substance use disorders to voluntarily
13 undergo treatment.
14        (7) Promote, conduct, assist or sponsor basic
15 clinical, epidemiological and statistical research into
16 substance use disorders and research into the prevention
17 of those problems either solely or in conjunction with any
18 public or private agency.
19        (8) Cooperate with public and private agencies,
20 organizations and individuals in the development of
21 programs, and to provide technical assistance and
22 consultation services for this purpose.
23        (9) (Blank).
24        (10) (Blank).
25        (11) Fund, promote, or assist entities dealing with
26 substance use disorders.

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1        (12) With monies appropriated from the Group Home Loan
2 Revolving Fund, make loans, directly or through
3 subcontract, to assist in underwriting the costs of
4 housing in which individuals recovering from substance use
5 disorders may reside, pursuant to Section 50-40 of this
6 Act.
7        (13) Promulgate such regulations as may be necessary
8 to carry out the purposes and enforce the provisions of
9 this Act.
10        (14) Provide funding to help parents be effective in
11 preventing substance use disorders by building an
12 awareness of the family's role in preventing substance use
13 disorders through adjusting expectations, developing new
14 skills, and setting positive family goals. The programs
15 shall include, but not be limited to, the following
16 subjects: healthy family communication; establishing rules
17 and limits; how to reduce family conflict; how to build
18 self-esteem, competency, and responsibility in children;
19 how to improve motivation and achievement; effective
20 discipline; problem solving techniques; and how to talk
21 about drugs and alcohol. The programs shall be open to all
22 parents.
23        (15) Establish an Opioid Remediation Services Capital
24 Investment Grant Program. The Department may, subject to
25 appropriation and approval through the Opioid Overdose
26 Prevention and Recovery Steering Committee, after

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1 recommendation by the Illinois Opioid Remediation Advisory
2 Board, and certification by the Office of the Attorney
3 General, make capital improvement grants to units of local
4 government and substance use prevention, treatment, and
5 recovery service providers addressing opioid remediation
6 in the State for approved abatement uses under the
7 Illinois Opioid Allocation Agreement. The Illinois Opioid
8 Remediation State Trust Fund shall be the source of
9 funding for the program. Eligible grant recipients shall
10 be units of local government and substance use prevention,
11 treatment, and recovery service providers that offer
12 facilities and services in a manner that supports and
13 meets the approved uses of the opioid settlement funds.
14 Eligible grant recipients have no entitlement to a grant
15 under this Section. The Department of Human Services may
16 consult with the Capital Development Board, the Department
17 of Commerce and Economic Opportunity, and the Illinois
18 Housing Development Authority to adopt rules to implement
19 this Section and may create a competitive application
20 procedure for grants to be awarded. The rules may specify
21 the manner of applying for grants; grantee eligibility
22 requirements; project eligibility requirements;
23 restrictions on the use of grant moneys; the manner in
24 which grantees must account for the use of grant moneys;
25 and any other provision that the Department of Human
26 Services determines to be necessary or useful for the

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1 administration of this Section. Rules may include a
2 requirement for grantees to provide local matching funds
3 in an amount equal to a specific percentage of the grant.
4 No portion of an opioid remediation services capital
5 investment grant awarded under this Section may be used by
6 a grantee to pay for any ongoing operational costs or
7 outstanding debt. The Department of Human Services may
8 consult with the Capital Development Board, the Department
9 of Commerce and Economic Opportunity, and the Illinois
10 Housing Development Authority in the management and
11 disbursement of funds for capital-related projects. The
12 Capital Development Board, the Department of Commerce and
13 Economic Opportunity, and the Illinois Housing Development
14 Authority shall act in a consulting role only for the
15 evaluation of applicants, scoring of applicants, or
16 administration of the grant program.
17    (c) There is created within the Department of Human
18Services an Office of Opioid Settlement Administration. The
19Office shall be responsible for implementing and administering
20approved abatement programs as described in Exhibit B of the
21Illinois Opioid Allocation Agreement, effective December 30,
222021. The Office may also implement and administer other
23opioid-related programs, including, but not limited to,    
24prevention, treatment, and recovery services from other funds
25made available to the Department of Human Services. The
26Secretary of Human Services shall appoint or assign staff as

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1necessary to carry out the duties and functions of the Office.
2(Source: P.A. 102-538, eff. 8-20-21; 102-699, eff. 4-19-22;
3103-8, eff. 6-7-23.)
4    (20 ILCS 301/50-5)
5    Sec. 50-5. Prevention and Treatment of Alcoholism and
6Substance Abuse Block Grant Fund. Monies received from the
7federal government under the Block Grant for the Prevention
8and Treatment of Alcoholism and Substance Abuse shall be
9deposited into the Prevention and Treatment of Alcoholism and
10Substance Abuse Block Grant Fund which is hereby created as a
11federal trust special fund in the State treasury. Monies in
12this fund shall be appropriated to the Department and expended
13for the purposes and activities specified by federal law or
14regulation.
15(Source: P.A. 88-80.)
16    (20 ILCS 301/50-25)
17    Sec. 50-25. Youth Alcoholism and Substance Abuse
18Prevention Fund. There is hereby created in the State treasury
19a special Fund to be known as the Youth Alcoholism and
20Substance Abuse Prevention Fund. Monies in this Fund shall be
21appropriated to the Department and expended for the purpose of
22helping support and establish community-based community based    
23alcohol and other drug abuse prevention programs. On June 30,
242026, or as soon thereafter as practical, the State

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1Comptroller shall direct and the State Treasurer shall
2transfer the remaining balance from the Youth Alcoholism and
3Substance Abuse Prevention Fund into the General Revenue Fund.
4Upon completion of the transfer, the Youth Alcoholism and
5Substance Abuse Prevention Fund is dissolved, and any future
6deposits due to that Fund and any outstanding obligations or
7liabilities of that Fund shall pass to the General Revenue
8Fund. This Section is repealed on January 1, 2027.    
9(Source: P.A. 91-25, eff. 6-9-99.)
10    (20 ILCS 301/50-30)
11    Sec. 50-30. Youth Drug Abuse Prevention Fund.
12    (a) There is hereby established the Youth Drug Abuse
13Prevention Fund, to be held as a separate fund in the State
14treasury. Monies in this fund shall be appropriated to the
15Department and expended for grants to community-based agencies
16or non-profit organizations providing residential or
17nonresidential treatment or prevention programs or any
18combination thereof.
19    (b) (Blank). There shall be deposited into the Youth Drug
20Abuse Prevention Fund such monies as may be received under the
21income tax checkoff provided for in subsection (b) of this
22Section. There shall also be deposited into this fund such
23monies as may be received under:    
24        (1) subsection (a) of Section 10.2 of the Cannabis
25 Control Act.    

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1        (2) subsection (a) of Section 413 of the Illinois
2 Controlled Substances Act.    
3        (3) subsection (a) of Section 5.2 of the Narcotics
4 Profit Forfeiture Act.    
5        (4) Sections 5-9-1.1 and 5-9-1.2 of the Unified Code
6 of Corrections.
7    (c) On June 30, 2026, or as soon thereafter as practical,
8the State Comptroller shall direct and the State Treasurer
9shall transfer the remaining balance from the Youth Drug Abuse
10Prevention Fund into the Drug Treatment Fund. Upon completion
11of the transfer, the Youth Drug Abuse Prevention Fund is
12dissolved, and any future deposits due to that Fund and any
13outstanding obligations or liabilities of that Fund shall pass
14to the Drug Treatment Fund.
15    (d) This Section is repealed on January 1, 2027.    
16(Source: P.A. 88-80.)
17    (20 ILCS 301/50-35)
18    Sec. 50-35. Drug Treatment Fund.
19    (a) The There is hereby established the Drug Treatment
20Fund is hereby established as a special fund within the State
21treasury , to be held as a separate fund in the State treasury.
22There shall be deposited into this fund such amounts as may be
23provided by law received under subsections (h) and (i) of
24Section 411.2 of the Illinois Controlled Substances Act, under
25Section 80 of the Methamphetamine Control and Community

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1Protection Act, and under Section 7 of the Controlled
2Substance and Cannabis Nuisance Act, or under Section 6z-107
3of the State Finance Act.
4    (b) Moneys Monies in this fund shall be appropriated to
5the Department for grants to community-based agencies or
6nonprofit organizations providing residential or
7nonresidential treatment or prevention programs or any
8combination of those programs or as otherwise provided by law    
9the purposes and activities set forth in subsections (h) and
10(i) of Section 411.2 of the Illinois Controlled Substances
11Act, or in Section 7 of the Controlled Substance and Cannabis
12Nuisance Act, or in Section 6z-107 of the State Finance Act.
13(Source: P.A. 101-10, eff. 6-5-19.)
14    Section 30-20. The Children and Family Services Act is
15amended by changing Section 4a as follows:
16    (20 ILCS 505/4a)    (from Ch. 23, par. 5004a)
17    Sec. 4a. (a) To administer child abuse prevention shelters
18and service programs for abused and neglected children, or
19provide for their administration by not-for-profit
20corporations, community-based organizations or units of local
21government.
22    The Department is hereby designated the single State
23agency for planning and coordination of child abuse and
24neglect prevention programs and services. On or before the

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1first Friday in October of each year, the Department shall
2submit to the Governor and the General Assembly a State
3comprehensive child abuse and neglect prevention plan. The
4plan shall: identify priorities, goals and objectives;
5identify the resources necessary to implement the plan,
6including estimates of resources needed to investigate or
7otherwise process reports of suspected child abuse or neglect
8and to provide necessary follow-up services for child
9protection, family preservation and family reunification in
10"indicated" cases as determined under the Abused and Neglected
11Child Reporting Act; make proposals for the most effective use
12of existing resources to implement the plan, including
13recommendations for the optimum use of private, local public,
14State and federal resources; and propose strategies for the
15development of additional resources to meet the goal of
16reducing the incidence of child abuse and neglect and reducing
17the number of reports of suspected child abuse and neglect
18made to the Department.
19    (b) The administration of child abuse prevention, shelters
20and service programs under subsection (a) shall be funded in
21part by appropriations made from the DCFS Children's Services    
22Child Abuse Prevention Fund, which is hereby created in the
23State Treasury, and in part by appropriations from the General
24Revenue Fund. All interest earned on monies in the Child Abuse
25Prevention Fund shall remain in such fund. The Department and
26the State Treasurer may accept funds as provided by Sections

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1507 and 508 of the Illinois Income Tax Act and unsolicited
2private donations for deposit into the Child Abuse Prevention
3Fund. Annual requests for appropriations for the purpose of
4providing child abuse and neglect prevention programs and
5services under this Section shall be made in separate and
6distinct line-items. In setting priorities for the direction
7and scope of such programs, the Director shall be advised by
8the State-wide Citizen's Committee on Child Abuse and Neglect.
9    (c) (Blank).
10    (d) The Department shall have the power to make grants of
11monies to fund comprehensive community-based services to
12reduce the incidence of family dysfunction typified by child
13abuse and neglect; to diminish those factors found to increase
14family dysfunction; and to measure the effectiveness and costs
15of such services.
16    (e) For implementing such intergovernmental cooperation
17and involvement, units of local government and public and
18private agencies may apply for and receive federal or State
19funds from the Department under this Act or seek and receive
20gifts from local philanthropic or other private local sources
21in order to augment any State funds appropriated for the
22purposes of this Act.
23    (e-5) The Department may establish and maintain locally
24held funds to be individually known as the Youth in Care
25Support Fund. Moneys in these funds shall be used for
26purchases for the immediate needs of youth in care or for the

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1immediate support needs of youth, families, and caregivers
2served by the Department. Moneys paid into funds shall be from
3appropriations made to the DCFS Children's Services Fund.
4Funds remaining in any Youth in Care Support Fund must be
5returned to the DCFS Children's Services Fund upon
6dissolution. Any warrant for payment to a vendor for the same
7product or service for a youth in care shall be payable to the
8Department to reimburse the immediate payment from the Youth
9in Care Support Fund.
10    (f) For the purposes of this Section:
11        (1) The terms "abused child" and "neglected child"
12 have meanings ascribed to them in Section 3 of the Abused
13 and Neglected Child Reporting Act.
14        (2) "Shelter" has the meaning ascribed to it in
15 Section 1-3 of the Juvenile Court Act of 1987.
16(Source: P.A. 103-259, eff. 1-1-24; 103-588, eff. 1-1-25.)
17    Section 30-25. The Department of Natural Resources
18(Conservation) Law of the Civil Administrative Code of
19Illinois is amended by changing Section 805-72 as follows:
20    (20 ILCS 805/805-72)
21    Sec. 805-72. Lyme Disease Innovation Program.
22    (a) The Department shall consult with the Department of
23Agriculture, the Department of Public Health, and members of
24the University of Illinois' INHS Medical Entomology Program to

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1establish the Lyme Disease Innovation Program no later than
2one year after August 11, 2023 (the effective date of Public
3Act 103-557) this amendatory Act of the 103rd General
4Assembly. The Department shall contract with an Illinois
5not-for-profit organization whose purpose is to raise
6awareness of tick-borne diseases with the public and the
7medical community to operate the Program. The Program's
8purpose is to raise awareness with the public and to assist
9persons at risk of Lyme disease and other tick-borne diseases
10with education and awareness materials and campaigns while
11developing evidence-based approaches that are cost-effective.
12    (b) The Program shall implement a statewide interagency
13and multipronged approach to combat Lyme disease and other
14tick-borne diseases in Illinois, including adopting an
15evidence-based model that recognizes the key roles that
16patients, advocates, and not-for-profit organizations have in
17fighting Lyme disease and tick-borne diseases. The Program's
18objectives include issuing grants, subject to the approval of
19the Department, to State agencies and Illinois not-for profit
20organizations from moneys in the Lyme Disease Awareness Fund,
21which is hereby established as a special fund in the State
22treasury, and other appropriations for the following purposes:
23        (1) Bringing awareness of Lyme disease and tick-borne
24 diseases by any one or more of the following methods:
25            (A) creating innovative ideas and collaborations
26 for raising awareness about risks and prevention;

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1            (B) amplifying and improving access to essential
2 information supporting innovations in prevention,
3 education, and care with open data and science;
4            (C) fostering the development of new,
5 community-based education and prevention efforts; and
6            (D) using programs, website advertising,
7 pamphlets, or other methods to increase the awareness
8 of Lyme disease and tick-borne diseases;
9        (2) Engaging stakeholders to facilitate
10 patient-centered innovations by (i) building trust among
11 stakeholders through listening sessions, roundtables, and
12 other learning approaches that ground innovations in lived
13 experience, (ii) engaging stakeholders in identifying
14 current areas of need to promote targeted innovations that
15 will make real-world improvements in quality of care, and
16 (iii) gaining insight into patient needs and priorities
17 through stakeholders' collective wisdom and applying that
18 wisdom in shaping future innovation challenges and events.
19        (3) Advancing stakeholder driven interdisciplinary and
20 interagency collaborations by providing resources to
21 not-for-profit organizations whose purpose is to raise
22 awareness of tick-borne diseases with the public and the
23 medical community in order to (i) facilitate the
24 stakeholder engagement and collaborations and
25 patient-centered innovations and support groups, (ii)
26 identify ways to better collect and share data while

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1 raising awareness of tick-borne illnesses, and (iii)
2 assist with the development of outreach and education
3 materials and approaches for State agencies.
4        (4) The University of Illinois' INHS Medical
5 Entomology Program maintaining a passive tick and
6 tick-borne pathogen surveillance program, based on ticks
7 contributed by the Illinois public, and including tick
8 identifications and disease-agent testing of a subset of
9 identified ticks; compiling evidence and conducting
10 research on tick bite prevention and risk of tick and
11 tick-borne pathogen exposure; and providing evidence,
12 results, and analysis and insight from both the passive
13 surveillance program, on tick species and tick-borne
14 disease-agent distributions and diversity in the State,
15 and its related research on tick bite exposure and
16 prevention, to support the Lyme Disease Innovation Program
17 objectives.
18    (c) The Program shall be funded through moneys deposited
19into the Lyme Disease Awareness Fund and other appropriations
20from any lawful source. The not-for-profit organization
21contracted with to operate the Program shall be paid, subject
22to the approval of the Department, for its operation of the
23Program from moneys deposited into the Fund or from other
24appropriations.
25    The University of Illinois' Prairie Research Institute
26shall be paid, subject to the approval of the Department, for

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1the INHS Medical Entomology Program's operation of a passive
2tick surveillance and research program from moneys deposited
3into the Fund or from other appropriations.
4    (d) The Department must adopt rules to implement this
5Section.
6    (e) The requirements of this Section are subject to
7appropriation by the General Assembly being made to the
8Department to implement the requirements.
9(Source: P.A. 103-557, eff. 8-11-23.)
10    Section 30-30. The 2-1-1 Service Act is amended by
11changing Section 55 as follows:
12    (20 ILCS 1335/55)
13    Sec. 55. Use of moneys for projects and activities in
14support of 2-1-1-eligible activities.
15    (a) The lead entity shall study, design, implement,
16support, coordinate, and evaluate a statewide State-wide 2-1-1
17system.
18    (b) Activities eligible for assistance from the Department    
192-1-1 Account Fund include, but are not limited to:
20        (1) Creating a structure for a statewide State-wide    
21 2-1-1 resources database that will meet the Alliance for
22 Information and Referral Systems standards for information
23 and referral systems databases and that will be integrated
24 with local resources databases maintained by approved

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1 2-1-1 service providers.
2        (2) Developing a statewide State-wide resources
3 database for the 2-1-1 system.
4        (3) Maintaining public information available from
5 State agencies, departments, and programs that provide
6 health and human services for access by 2-1-1 service
7 providers.
8        (4) Providing grants to approved 2-1-1 service
9 providers to design, develop, and implement 2-1-1 for its
10 2-1-1 service area.
11        (5) Providing grants to approved 2-1-1 service
12 providers to enable 2-1-1 service providers to provide and
13 evaluate 2-1-1 service delivery on an ongoing basis.
14        (6) Providing grants to approved 2-1-1 service
15 providers to enable the provision of 2-1-1 services on a
16 24-hours per-day, 7-days per-week basis.
17(Source: P.A. 96-599, eff. 1-1-10.)
18    (20 ILCS 1335/50 rep.)
19    Section 30-35. The 2-1-1 Service Act is amended by
20repealing Section 50.
21    Section 30-40. The Mental Health and Developmental
22Disabilities Administrative Act is amended by changing Section
2318.5 as follows:

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1    (20 ILCS 1705/18.5)
2    Sec. 18.5. Community Developmental Disability Services
3Medicaid Trust Fund; reimbursement.
4    (a) The Community Developmental Disability Services
5Medicaid Trust Fund is hereby created in the State treasury.
6    (b) Beginning in State fiscal year 2019, funds in any
7fiscal year in amounts not exceeding a total of $60,000,000
8paid to the State by the federal government under Title XIX or
9Title XXI of the Social Security Act for services delivered by
10community developmental disability services providers shall be
11deposited into the Community Developmental Disability Services
12Medicaid Trust Fund to pay for Medicaid-reimbursed community
13developmental disability services provided to eligible
14individuals.
15    (b-5) (Blank).
16    (b-7) The Community Developmental Disability Services
17Medicaid Trust Fund is not subject to administrative
18chargebacks charge-backs.
19    (b-9) (Blank).
20    (b-10) Whenever a State developmental disabilities
21facility operated by the Department is closed and the real
22estate on which the facility is located is sold by the State,
23the net proceeds of the sale of the real estate shall be
24deposited into the Community Developmental Disability Services
25Medicaid Trust Fund and used for the purposes enumerated in
26subsections (c) and (d) of Section 4.6 of the Community

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1Services Act.
2    (b-12) The Department may receive gifts, grants, and
3donations from any public or private source in support of
4community developmental disability services, which shall be
5deposited into the Community Developmental Disability Services
6Medicaid Trust Fund.    
7    (c) For purposes of this Section:
8    "Trust Fund" means the Community Developmental Disability
9Services Medicaid Trust Fund.
10    "Medicaid-reimbursed developmental disability services"
11means services provided by a community developmental
12disability provider under an agreement with the Department
13that is eligible for reimbursement under the federal Title XIX
14program or Title XXI program.
15    "Provider" means a qualified entity as defined in the
16State's Home and Community-Based Services Waiver for Persons
17with Developmental Disabilities that is funded by the
18Department to provide a Medicaid-reimbursed service.
19(Source: P.A. 103-616, eff. 7-1-24.)
20    Section 30-45. The Department of Public Health Powers and
21Duties Law of the Civil Administrative Code of Illinois is
22amended by changing Sections 2310-350 and 2310-371.5 as
23follows:
24    (20 ILCS 2310/2310-350)    (was 20 ILCS 2310/55.70)

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1    Sec. 2310-350. Penny Severns Breast, Cervical, and Ovarian
2Cancer Research Fund. From funds appropriated from the Penny
3Severns Breast, Cervical, and Ovarian Cancer Research Fund,
4the Department shall award grants to eligible physicians,
5hospitals, laboratories, education institutions, and other
6organizations and persons to enable organizations and persons
7to conduct research. Disbursements from the Penny Severns
8Breast, Cervical, and Ovarian Cancer Research Fund for the
9purpose of ovarian cancer research shall be subject to
10appropriations. For the purposes of this Section, "research"
11includes, but is not limited to, expenditures to develop and
12advance the understanding, techniques, and modalities
13effective in early detection, prevention, cure, screening, and
14treatment of breast, cervical, and ovarian cancer and may
15include clinical trials.
16    Moneys received for the purposes of this Section,
17including, but not limited to, income tax checkoff receipts
18and gifts, grants, and awards from private foundations,
19nonprofit organizations, other governmental entities, and
20persons shall be deposited into the Penny Severns Breast,
21Cervical, and Ovarian Cancer Research Fund, which is hereby
22created as a special fund in the State treasury.
23    Notwithstanding any other provision of law, in addition to
24any other transfers that may be provided by law, on June 30,
252026, or as soon thereafter as practical, the State
26Comptroller shall direct and the State Treasurer shall

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1transfer the remaining balance from the Penny Severns Breast,
2Cervical, and Ovarian Cancer Research Fund into the Carolyn
3Adams Ticket For The Cure Grant Fund. Upon completion of the
4transfers, the Penny Severns Breast, Cervical, and Ovarian
5Cancer Research Fund is dissolved, and any future deposits due
6to that Fund and any outstanding obligations or liabilities of
7that Fund pass to the Carolyn Adams Ticket For The Cure Grant
8Fund.    
9    The Department shall create an advisory committee with
10members from, but not limited to, the Illinois Chapter of the
11American Cancer Society, Y-Me, the Susan G. Komen Foundation,
12and the State Board of Health for the purpose of awarding
13research grants under this Section. Members of the advisory
14committee shall not be eligible for any financial compensation
15or reimbursement. The advisory committee is discontinued on
16June 30, 2026.    
17    This Section is repealed on January 1, 2027.    
18(Source: P.A. 94-119, eff. 1-1-06.)
19    (20 ILCS 2310/2310-371.5)    (was 20 ILCS 2310/371)
20    Sec. 2310-371.5. Heartsaver AED Fund; grants. Subject to
21appropriation, the Department of Public Health has the power
22to make matching grants from the Heartsaver AED Fund, a
23special fund created in the State treasury, to any school in
24the State, public park district, forest preserve district,
25conservation district, sheriff's office, municipal police

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1department, municipal recreation department, public library,
2college, or university to assist in the purchase of an
3Automated External Defibrillator. Applicants for AED grants
4must demonstrate that they have funds to pay 50% of the cost of
5the AEDs for which matching grant moneys are sought. Any
6school, public park district, forest preserve district,
7conservation district, sheriff's office, municipal police
8department, municipal recreation department, public library,
9college, or university applying for the grant shall not
10receive more than one grant from the Heartsaver AED Fund each
11fiscal year. The State Treasurer shall accept and deposit into
12the Fund all gifts, grants, transfers, appropriations, and
13other amounts from any legal source, public or private, that
14are designated for deposit into the Fund.
15    Notwithstanding any other provision of law, in addition to
16any other transfers that may be provided by law, on June 30,
172026, or as soon thereafter as practical, the State
18Comptroller shall direct and the State Treasurer shall
19transfer the remaining balance from the Heartsaver AED Fund
20into the General Revenue Fund. Upon completion of the
21transfers, the Heartsaver AED Fund is dissolved, and any
22future deposits due to that Fund and any outstanding
23obligations or liabilities of that Fund pass to the General
24Revenue Fund.    
25    This Section is repealed on January 1, 2027.    
26(Source: P.A. 99-246, eff. 1-1-16; 99-501, eff. 3-18-16;

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1100-201, eff. 8-18-17.)
2    Section 30-50. The Rehabilitation of Persons with
3Disabilities Act is amended by changing Section 5b as follows:
4    (20 ILCS 2405/5b)
5    Sec. 5b. Home Services Medicaid Trust Fund.
6    (a) The Home Services Medicaid Trust Fund is hereby
7created as a special fund in the State treasury.
8    (b) Amounts paid to the State during each State fiscal
9year by the federal government under Title XIX or Title XXI of
10the Social Security Act for services delivered in relation to
11the Department's Home Services Program established pursuant to
12Section 3 of this Act, beginning in State fiscal year 2019 in
13amounts not exceeding a total of $234,000,000 in any State
14fiscal year, and any interest earned thereon, shall be
15deposited into the Fund. The Department may also receive
16gifts, grants, and donations from any public or private source
17in support of the Home Services Program, which shall be
18deposited into the Fund.    
19    (c) Moneys in the Fund may be used by the Department for
20the purchase of services, and operational and administrative
21expenses, in relation to the Home Services Program.
22(Source: P.A. 99-143, eff. 7-27-15; 100-587, eff. 6-4-18.)
23    Section 30-55. The Illinois Criminal Justice Information

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1Act is amended by changing Sections 9.1 and 9.3 as follows:
2    (20 ILCS 3930/9.1)
3    Sec. 9.1. Criminal Justice Information Projects Fund. The
4Criminal Justice Information Projects Fund is hereby created
5as a special fund in the State Treasury. Grants and other
6moneys obtained by the Authority from governmental entities
7(other than the federal government), private sources, and
8not-for-profit organizations for use in investigating criminal
9justice issues or undertaking other criminal justice
10information projects, or pursuant to the uses identified in
11Section 21.10 of the Illinois Lottery Law, shall be deposited
12into the Fund. Moneys in the Fund may be used by the Authority,
13subject to appropriation, for undertaking such projects and
14for the operating and other expenses of the Authority
15incidental to those projects, and for the costs associated
16with making grants under Section 9.3 from the Prescription
17Pill and Drug Disposal Fund. The moneys deposited into the
18Criminal Justice Information Projects Fund under Sections
1915-15 and 15-35 of the Criminal and Traffic Assessment Act
20shall be appropriated to and administered by the Illinois
21Criminal Justice Information Authority for distribution to
22fund Illinois State Police drug task forces and Metropolitan
23Enforcement Groups by dividing the funds equally by the total
24number of Illinois State Police drug task forces and Illinois
25Metropolitan Enforcement Groups. Any interest earned on moneys

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1in the Fund must be deposited into the Fund.
2(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
3    (20 ILCS 3930/9.3)
4    Sec. 9.3. The Prescription Pill and Drug Disposal Fund.
5The Prescription Pill and Drug Disposal Fund is created as a
6special fund in the State treasury. Moneys in the Fund shall be
7used for grants by the Illinois Criminal Justice Information
8Authority to local law enforcement agencies for the purpose of
9facilitating the collection, transportation, and incineration
10of pharmaceuticals from residential sources that are collected
11and transported by law enforcement agencies under Section
1217.9A of the Environmental Protection Act; to municipalities
13or organizations that establish containers designated for the
14collection and disposal of unused controlled substances and
15conduct collection of unused controlled substances through
16mail-back programs; and for the publication or advertising of
17collection events or mail-back programs conducted by
18municipalities or organizations. Before awarding a grant from
19this Fund but no later than July 1, 2016, the Authority shall
20adopt rules that (i) specify the conditions under which grants
21will be awarded from this Fund and (ii) otherwise provide for
22the implementation and administration of the grant program
23created by this Section. Interest attributable to moneys in
24the Fund shall be paid into the Fund.
25    On July 1, 2025, or as soon thereafter as practical, the

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1State Comptroller shall direct and the State Treasurer shall
2transfer the remaining balance from the Prescription Pill and
3Drug Disposal Fund into the Criminal Justice Information
4Projects Fund. Upon completion of the transfer, the
5Prescription Pill and Drug Disposal Fund is dissolved, and any
6future deposits due to that Fund and any outstanding
7obligations or liabilities of that Fund shall pass to the
8Criminal Justice Information Projects Fund.    
9(Source: P.A. 99-480, eff. 9-9-15.)
10    Section 30-60. The Illinois State Auditing Act is amended
11by changing Section 3-1 as follows:
12    (30 ILCS 5/3-1)    (from Ch. 15, par. 303-1)
13    Sec. 3-1. Jurisdiction of Auditor General. The Auditor
14General has jurisdiction over all State agencies to make post
15audits and investigations authorized by or under this Act or
16the Constitution.
17    The Auditor General has jurisdiction over local government
18agencies and private agencies only:    
19        (a) to make such post audits authorized by or under
20 this Act as are necessary and incidental to a post audit of
21 a State agency or of a program administered by a State
22 agency involving public funds of the State, but this
23 jurisdiction does not include any authority to review
24 local governmental agencies in the obligation, receipt,

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1 expenditure or use of public funds of the State that are
2 granted without limitation or condition imposed by law,
3 other than the general limitation that such funds be used
4 for public purposes;    
5        (b) to make investigations authorized by or under this
6 Act or the Constitution; and    
7        (c) to make audits of the records of local government
8 agencies to verify actual costs of state-mandated programs
9 when directed to do so by the Legislative Audit Commission
10 at the request of the State Board of Appeals under the
11 State Mandates Act.
12    In addition to the foregoing, the Auditor General may
13conduct an audit of the Metropolitan Pier and Exposition
14Authority, the Regional Transportation Authority, the Suburban
15Bus Division, the Commuter Rail Division and the Chicago
16Transit Authority and any other subsidized carrier when
17authorized by the Legislative Audit Commission. Such audit may
18be a financial, management or program audit, or any
19combination thereof.
20    The audit shall determine whether they are operating in
21accordance with all applicable laws and regulations. Subject
22to the limitations of this Act, the Legislative Audit
23Commission may by resolution specify additional determinations
24to be included in the scope of the audit.
25    In addition to the foregoing, the Auditor General must
26also conduct a financial audit of the Illinois Sports

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1Facilities Authority's expenditures of public funds in
2connection with the reconstruction, renovation, remodeling,
3extension, or improvement of all or substantially all of any
4existing "facility", as that term is defined in the Illinois
5Sports Facilities Authority Act.
6    The Auditor General may also conduct an audit, when
7authorized by the Legislative Audit Commission, of any
8hospital which receives 10% or more of its gross revenues from
9payments from the State of Illinois, Department of Healthcare
10and Family Services (formerly Department of Public Aid),
11Medical Assistance Program.
12    The Auditor General is authorized to conduct financial and
13compliance audits of the Illinois Distance Learning Foundation
14and the Illinois Conservation Foundation.
15    As soon as practical after August 18, 1995 (the effective
16date of Public Act 89-386) this amendatory Act of 1995, the
17Auditor General shall conduct a compliance and management
18audit of the City of Chicago and any other entity with regard
19to the operation of Chicago O'Hare International Airport,
20Chicago Midway Airport and Merrill C. Meigs Field. The audit
21shall include, but not be limited to, an examination of
22revenues, expenses, and transfers of funds; purchasing and
23contracting policies and practices; staffing levels; and
24hiring practices and procedures. When completed, the audit
25required by this paragraph shall be distributed in accordance
26with Section 3-14.

10400HB1075sam003- 403 -LRB104 03072 JDS 27160 a
1    The Auditor General shall conduct a financial and
2compliance and program audit of distributions from the
3Municipal Economic Development Fund during the immediately
4preceding calendar year pursuant to Section 8-403.1 of the
5Public Utilities Act at no cost to the city, village, or
6incorporated town that received the distributions.
7    The Auditor General must conduct an audit of the Health
8Facilities and Services Review Board pursuant to Section 19.5
9of the Illinois Health Facilities Planning Act.
10    The Auditor General of the State of Illinois shall
11annually conduct or cause to be conducted a financial and
12compliance audit of the books and records of any county water
13commission organized pursuant to the Water Commission Act of
141985 and shall file a copy of the report of that audit with the
15Governor and the Legislative Audit Commission. The filed audit
16shall be open to the public for inspection. The cost of the
17audit shall be charged to the county water commission in
18accordance with Section 6z-27 of the State Finance Act. The
19county water commission shall make available to the Auditor
20General its books and records and any other documentation,
21whether in the possession of its trustees or other parties,
22necessary to conduct the audit required. These audit
23requirements apply only through July 1, 2007.
24    The Auditor General must conduct audits of the Rend Lake
25Conservancy District as provided in Section 25.5 of the River
26Conservancy Districts Act.

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1    The Auditor General must conduct financial audits of the
2Southeastern Illinois Economic Development Authority as
3provided in Section 70 of the Southeastern Illinois Economic
4Development Authority Act.
5    The Auditor General shall conduct a compliance audit in
6accordance with subsections (d) and (f) of Section 30 of the
7Innovation Development and Economy Act.
8(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09;
996-939, eff. 6-24-10.)
10    Section 30-65. The State Finance Act is amended by
11changing Sections 5.28, 5.119, 5.137, 5.147, 5.282, 5.362,
125.464, 5.515, 5.563, 5.569, 5.613, 5.640, 5.733, 5.772, 5.801,
135.806, 5.825, 5.873, 5.883, 5.968, 6b-4, 6z-95, 6z-135, 8.36,
148g, and 8q as follows:
15    (30 ILCS 105/5.28)    (from Ch. 127, par. 141.28)
16    Sec. 5.28. The Illinois Veterans' Rehabilitation Fund.
17This Section is repealed on January 1, 2027.    
18(Source: Laws 1919, p. 946.)
19    (30 ILCS 105/5.119)    (from Ch. 127, par. 141.119)
20    Sec. 5.119. The Youth Drug Abuse Prevention Fund. This
21Section is repealed on January 1, 2027.    
22(Source: P.A. 87-342.)

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1    (30 ILCS 105/5.137)
2    Sec. 5.137. The Low-Level Radioactive Waste Facility
3Closure, Post-Closure Care and Compensation Fund. This Section
4is repealed on January 1, 2026.    
5(Source: P.A. 99-933, eff. 1-27-17.)
6    (30 ILCS 105/5.147)    (from Ch. 127, par. 141.147)
7    Sec. 5.147. The Child Abuse Prevention Fund. This Section
8is repealed on January 1, 2026.    
9(Source: P.A. 83-1362.)
10    (30 ILCS 105/5.282)    (from Ch. 127, par. 141.282)
11    Sec. 5.282. The Youth Alcoholism and Substance Abuse
12Prevention Fund. This Section is repealed on January 1, 2027.    
13(Source: P.A. 86-983; 86-1028.)
14    (30 ILCS 105/5.362)
15    Sec. 5.362. The Penny Severns Breast, Cervical, and
16Ovarian Cancer Research Fund. This Section is repealed on
17January 1, 2027.    
18(Source: P.A. 94-119, eff. 1-1-06.)
19    (30 ILCS 105/5.464)
20    Sec. 5.464. Police Training Board Services Fund. This
21Section is repealed on January 1, 2027.    
22(Source: P.A. 90-259, eff. 7-30-97; 90-655, eff. 7-30-98.)

10400HB1075sam003- 406 -LRB104 03072 JDS 27160 a
1    (30 ILCS 105/5.515)
2    Sec. 5.515. The Airport Land Loan Revolving Fund. This
3Section is repealed on January 1, 2026.    
4(Source: P.A. 91-543, eff. 8-14-99; 92-16, eff. 6-28-01.)
5    (30 ILCS 105/5.563)
6    Sec. 5.563. The Illinois Animal Abuse Fund. This Section
7is repealed on January 1, 2027.    
8(Source: P.A. 92-454, eff. 1-1-02; 92-651, eff. 7-11-02.)
9    (30 ILCS 105/5.569)
10    Sec. 5.569. The National Guard and Naval Militia Grant
11Fund. This Section is repealed on January 1, 2027.    
12(Source: P.A. 94-1020, eff. 7-11-06.)
13    (30 ILCS 105/5.613)
14    Sec. 5.613. The Secretary of State Police DUI Fund. This
15Section is repealed on January 1, 2026.    
16(Source: P.A. 95-331, eff. 8-21-07.)
17    (30 ILCS 105/5.640)
18    Sec. 5.640. The Heartsaver AED Fund. This Section is
19repealed on January 1, 2027.    
20(Source: P.A. 95-331, eff. 8-21-07.)

10400HB1075sam003- 407 -LRB104 03072 JDS 27160 a
1    (30 ILCS 105/5.733)
2    Sec. 5.733. The Illinois EMS Memorial Scholarship and
3Training Fund. This Section is repealed on January 1, 2026.    
4(Source: P.A. 96-591, eff. 8-18-09; 96-1000, eff. 7-2-10.)
5    (30 ILCS 105/5.772)
6    Sec. 5.772. The St. Jude Children's Research Fund. This
7Section is repealed on January 1, 2026.    
8(Source: P.A. 96-1377, eff. 1-1-11; 97-333, eff. 8-12-11.)
9    (30 ILCS 105/5.801)
10    Sec. 5.801. The Illinois Department of Corrections Parole
11Division Offender Supervision Fund. This Section is repealed
12on January 1, 2026.    
13(Source: P.A. 97-262, eff. 8-5-11; 97-813, eff. 7-13-12.)
14    (30 ILCS 105/5.806)
15    Sec. 5.806. The Prescription Pill and Drug Disposal Fund.
16This Section is repealed on January 1, 2026.    
17(Source: P.A. 97-545, eff. 1-1-12; 97-813, eff. 7-13-12.)
18    (30 ILCS 105/5.825)
19    Sec. 5.825. The Housing for Families Fund. This Section is
20repealed on January 1, 2027.    
21(Source: P.A. 97-1117, eff. 8-27-12; 98-463, eff. 8-16-13.)

10400HB1075sam003- 408 -LRB104 03072 JDS 27160 a
1    (30 ILCS 105/5.873)
2    Sec. 5.873. The Autism Care Fund. This Section is repealed
3on January 1, 2027.    
4(Source: P.A. 99-423, eff. 8-20-15; 99-642, eff. 7-28-16.)
5    (30 ILCS 105/5.883)
6    Sec. 5.883. The BHE Data and Research Cost Recovery Fund.
7This Section is repealed on January 1, 2027.    
8(Source: P.A. 100-417, eff. 8-25-17; 100-863, eff. 8-14-18.)
9    (30 ILCS 105/5.968)
10    Sec. 5.968. The Law Enforcement Recruitment and Retention
11Fund. This Section is repealed on January 1, 2027.    
12(Source: P.A. 102-755, eff. 5-10-22; 103-154, eff. 6-30-23.)
13    (30 ILCS 105/6b-4)    (from Ch. 127, par. 142b4)
14    Sec. 6b-4. On the second Monday of every month, the
15Director of Public Health shall certify to the State
16Comptroller and the State Treasurer the amount generated by
17the issuance of commemorative birth certificates under
18subsection (14) of Section 25 of the Vital Records Act in
19excess of the costs incurred in issuing the documents. Within
2015 days of receipt of the certification required by this
21Section, the State Comptroller and the State Treasurer shall
22transfer from the General Revenue Fund, one-half of the amount
23certified as being received from the issuance of commemorative

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1birth certificates to the DCFS Children's Services Child Abuse
2Prevention Fund and one-half of the amount to the Domestic
3Violence Shelter and Service Fund.
4    The State Treasurer shall deposit into the Domestic
5Violence Shelter and Service Fund each assessment received
6under the Criminal and Traffic Assessment Act.
7    The State Treasurer shall deposit into the Sexual Assault
8Services Fund and the Domestic Violence Shelter and Service
9Fund each of those fines received from circuit clerks under
10Section 5-9-1.7 of the Unified Code of Corrections in
11accordance with the provisions of that Section.
12(Source: P.A. 100-987, eff. 7-1-19.)
13    (30 ILCS 105/6z-95)
14    Sec. 6z-95. The Housing for Families Fund; creation. The
15Housing for Families Fund is created as a special fund in the
16State treasury. Moneys in the Fund shall be used by the
17Department of Human Services to make grants to public or
18private not-for-profit entities for the purpose of building
19new housing for low income, working poor, low credit, and no
20credit families and families with disabilities. For the
21purposes of this Section, "low income", "working poor",
22"families with disabilities", "low credit", and "no credit
23families" shall be defined by the Department of Human Services
24by rule. Notwithstanding any other provision of law to the
25contrary and in addition to any other transfers that may be

10400HB1075sam003- 410 -LRB104 03072 JDS 27160 a
1provided by law, on June 30, 2026, or as soon thereafter as
2practical, the State Comptroller shall direct and the State
3Treasurer shall transfer the remaining balance from the
4Housing for Families Fund into the Homelessness Prevention
5Revenue Fund. Upon completion of the transfer, the Housing for
6Families Fund is dissolved, and any future deposits due to
7that Fund and any outstanding obligations or liabilities of
8that Fund pass to the Homelessness Prevention Revenue Fund.
9This Section is repealed on January 1, 2027.    
10(Source: P.A. 99-143, eff. 7-27-15.)
11    (30 ILCS 105/6z-135)
12    Sec. 6z-135. The Law Enforcement Recruitment and Retention
13Fund.
14    (a) The Law Enforcement Recruitment and Retention Fund is
15hereby created as a special fund in the State Treasury.
16    (b) Subject to appropriation, moneys in the Law
17Enforcement Recruitment and Retention Fund shall be used by
18the Illinois Law Enforcement Training Standards Board to award
19grants to units of local government, public institutions of
20higher education, and qualified nonprofit entities for the
21purpose of hiring and retaining law enforcement officers.
22    (c) When awarding grants, the Board shall prioritize:
23        (1) grants that will be used to hire, retain, or hire
24 and retain law enforcement officers in underserved areas
25 and areas experiencing the most need;

10400HB1075sam003- 411 -LRB104 03072 JDS 27160 a
1        (2) achieving demographic and geographic diversity of
2 law enforcement officers that are recruited or hired by
3 applicants that are awarded grants;
4        (3) maximizing the effects of moneys spent on the
5 actual recruitment and retention of law enforcement
6 officers; and
7        (4) providing grants that can impact multiple
8 employers.
9    (d) Moneys received for the purposes of this Section,
10including, but not limited to, fee receipts, gifts, grants,
11and awards from any public or private entity, must be
12deposited into the Fund. Any interest earned on moneys in the
13Fund must be deposited into the Fund.
14    (e) The Illinois Law Enforcement Training Standards Board
15may, by rule, set requirements for the distribution of grant
16moneys and determine which entities are eligible.
17    (f) The Illinois Law Enforcement Training Standards Board
18shall consider compliance with the Uniform Crime Reporting Act
19as a factor in awarding grant moneys.
20    (g) As used in this Section, "qualified nonprofit entity"
21means a nonprofit entity, as defined by the Board by rule, that
22has established experience in recruitment and retention of law
23enforcement officers in Illinois.
24    (h) On June 30, 2026, or as soon thereafter as practical,
25the State Comptroller shall direct and the State Treasurer
26shall transfer the remaining balance from the Law Enforcement

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1Recruitment and Retention Fund into the Law Enforcement
2Training Fund. Upon completion of the transfer, the Law
3Enforcement Recruitment and Retention Fund is dissolved, and
4any future deposits due to that Fund and any outstanding
5obligations or liabilities of that Fund shall pass to the Law
6Enforcement Training Fund.    
7(Source: P.A. 102-755, eff. 5-10-22; 103-154, eff. 6-30-23.)
8    (30 ILCS 105/8.36)
9    Sec. 8.36. Airport Land Loan Revolving Fund.
10Appropriations for loans to public airport owners by the
11Department of Transportation pursuant to Section 34b of the
12Illinois Aeronautics Act shall be payable from the Airport
13Land Loan Revolving Fund. This Section is repealed on January
141, 2026.    
15(Source: P.A. 91-543, eff. 8-14-99; 92-16, eff. 6-28-01.)
16    (30 ILCS 105/8g)
17    Sec. 8g. Fund transfers.
18    (a) (Blank).
19    (b) (Blank).
20    (c) In addition to any other transfers that may be
21provided for by law, on August 30 of each fiscal year's license
22period, the Illinois Liquor Control Commission shall direct
23and the State Comptroller and State Treasurer shall transfer
24from the General Revenue Fund to the Youth Alcoholism and

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1Substance Abuse Prevention Fund an amount equal to the number
2of retail liquor licenses issued for that fiscal year
3multiplied by $50. This subsection (c) is inoperative after
4June 30, 2026.    
5    (d) The payments to programs required under subsection (d)
6of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
7be made, pursuant to appropriation, from the special funds
8referred to in the statutes cited in that subsection, rather
9than directly from the General Revenue Fund.
10    Beginning January 1, 2000, on the first day of each month,
11or as soon as may be practical thereafter, the State
12Comptroller shall direct and the State Treasurer shall
13transfer from the General Revenue Fund to each of the special
14funds from which payments are to be made under subsection (d)
15of Section 28.1 of the Illinois Horse Racing Act of 1975 an
16amount equal to 1/12 of the annual amount required for those
17payments from that special fund, which annual amount shall not
18exceed the annual amount for those payments from that special
19fund for the calendar year 1998. The special funds to which
20transfers shall be made under this subsection (d) include, but
21are not necessarily limited to, the Agricultural Premium Fund;
22the Metropolitan Exposition, Auditorium and Office Building
23Fund, but only through fiscal year 2021 and not thereafter;
24the Fair and Exposition Fund; the Illinois Standardbred
25Breeders Fund; the Illinois Thoroughbred Breeders Fund; and
26the Illinois Veterans' Rehabilitation Fund, but only through

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1fiscal year 2026 and not thereafter. Except for transfers
2attributable to prior fiscal years, during State fiscal year
32020 only, no transfers shall be made from the General Revenue
4Fund to the Agricultural Premium Fund, the Fair and Exposition
5Fund, the Illinois Standardbred Breeders Fund, or the Illinois
6Thoroughbred Breeders Fund.
7(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21;
8102-558, eff. 8-20-21.)
9    (30 ILCS 105/8q)
10    Sec. 8q. Illinois Department of Corrections Parole
11Division Offender Supervision Fund.
12    (a) The Illinois Department of Corrections Parole Division
13Offender Supervision Fund is created as a special fund in the
14State treasury.
15    (b) All moneys collected and payable to the Department of
16Corrections and deposited into the Illinois Department of
17Corrections Parole Division Offender Supervision Fund shall be
18appropriated to and administered by the Department of
19Corrections for operations and initiatives to combat and
20supervise paroled offenders in the community.
21    (c) The Illinois Department of Corrections Parole Division
22Offender Supervision Fund shall not be subject to
23administrative chargebacks.
24    (d) On July 1, 2025, or as soon thereafter as practical,
25the State Comptroller shall direct and the State Treasurer

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1shall transfer the remaining balance from the Illinois
2Department of Corrections Parole Division Offender Supervision
3Fund into the Department of Corrections Reimbursement and
4Education Fund. Upon completion of the transfer, the Illinois
5Department of Corrections Parole Division Offender Supervision
6Fund is dissolved, and any future deposits due to that Fund and
7any outstanding obligations or liabilities of that Fund pass
8to the Department of Corrections Reimbursement and Education
9Fund. This Section is repealed on January 1, 2026.    
10(Source: P.A. 100-987, eff. 7-1-19.)
11    (30 ILCS 105/5.734 rep.)
12    (30 ILCS 105/5.762 rep.)
13    (30 ILCS 105/5.860 rep.)
14    (30 ILCS 105/5.874 rep.)
15    (30 ILCS 105/5.882 rep.)
16    (30 ILCS 105/5.1009 rep.)
17    (30 ILCS 105/6z-103 rep.)
18    (30 ILCS 105/8.34 rep.)
19    (30 ILCS 105/8.35 rep.)
20    Section 30-70. The State Finance Act is amended by
21repealing Sections 5.734, 5.762, 5.860, 5.874, 5.882, 5.1009,
226z-103, 8.34, and 8.35.
23    Section 30-75. The General Obligation Bond Act is amended
24by changing Section 4 as follows:

10400HB1075sam003- 416 -LRB104 03072 JDS 27160 a
1    (30 ILCS 330/4)    (from Ch. 127, par. 654)
2    Sec. 4. Transportation. The amount of $27,048,062,400 is
3authorized for use by the Department of Transportation for the
4specific purpose of promoting and assuring rapid, efficient,
5and safe highway, air and mass transportation for the
6inhabitants of the State by providing monies, including the
7making of grants and loans, for the acquisition, construction,
8reconstruction, extension and improvement of the following
9transportation facilities and equipment, and for the
10acquisition of real property and interests in real property
11required or expected to be required in connection therewith as
12follows:
13    (a) $11,921,354,200 for State highways, arterial highways,
14freeways, roads, bridges, structures separating highways and
15railroads and roads, bridges on roads maintained by counties,
16municipalities, townships, or road districts, and grants to
17counties, municipalities, townships, or road districts for
18planning, engineering, acquisition, construction,
19reconstruction, development, improvement, extension, and all
20construction-related expenses of the public infrastructure and
21other transportation improvement projects for the following
22specific purposes:
23        (1) $9,819,221,200 for use statewide,
24        (2) $3,677,000 for use outside the Chicago urbanized
25 area,

10400HB1075sam003- 417 -LRB104 03072 JDS 27160 a
1        (3) $7,543,000 for use within the Chicago urbanized
2 area,
3        (4) $13,060,600 for use within the City of Chicago,
4        (5) $58,991,500 for use within the counties of Cook,
5 DuPage, Kane, Lake, McHenry and Will,
6        (6) $18,860,900 for use outside the counties of Cook,
7 DuPage, Kane, Lake, McHenry and Will, and
8        (7) $2,000,000,000 for use on projects included in
9 either (i) the FY09-14 Proposed Highway Improvement
10 Program as published by the Illinois Department of
11 Transportation in May 2008 or (ii) the FY10-15 Proposed
12 Highway Improvement Program to be published by the
13 Illinois Department of Transportation in the spring of
14 2009; except that all projects must be maintenance
15 projects for the existing State system with the goal of
16 reaching 90% acceptable condition in the system statewide
17 and further except that all projects must reflect the
18 generally accepted historical distribution of projects
19 throughout the State.
20    (b) $5,966,379,900 for rail facilities and for mass
21transit facilities, as defined in Section 2705-305 of the
22Department of Transportation Law, including rapid transit,
23rail, bus and other equipment used in connection therewith by
24the State or any unit of local government, special
25transportation district, municipal corporation or other
26corporation or public authority authorized to provide and

10400HB1075sam003- 418 -LRB104 03072 JDS 27160 a
1promote public transportation within the State or 2 two or
2more of the foregoing jointly, for the following specific
3purposes:
4        (1) $4,387,063,600 statewide,
5        (2) $83,350,000 for use within the counties of Cook,
6 DuPage, Kane, Lake, McHenry and Will,
7        (3) $12,450,000 for use outside the counties of Cook,
8 DuPage, Kane, Lake, McHenry and Will, and
9        (4) $1,000,916,300 for use on projects that shall
10 reflect the generally accepted historical distribution of
11 projects throughout the State.
12    (c) $482,600,000 for airport or aviation facilities and
13any equipment used in connection therewith, including
14engineering and land acquisition costs, by the State or any
15unit of local government, special transportation district,
16municipal corporation or other corporation or public authority
17authorized to provide public transportation within the State,
18or 2 two or more of the foregoing acting jointly, and for the
19making of deposits into the Airport Land Loan Revolving Fund
20for loans to public airport owners pursuant to the Illinois
21Aeronautics Act.
22    (d) $4,660,328,300 for use statewide for State or local
23highways, arterial highways, freeways, roads, bridges, and
24structures separating highways and railroads and roads, and
25for grants to counties, municipalities, townships, or road
26districts for planning, engineering, acquisition,

10400HB1075sam003- 419 -LRB104 03072 JDS 27160 a
1construction, reconstruction, development, improvement,
2extension, and all construction-related expenses of the public
3infrastructure and other transportation improvement projects
4which are related to economic development in the State of
5Illinois.
6    (e) $4,500,000,000 for use statewide for grade crossings,
7port facilities, airport facilities, rail facilities, and mass
8transit facilities, as defined in Section 2705-305 of the
9Department of Transportation Law of the Civil Administrative
10Code of Illinois, including rapid transit, rail, bus and other
11equipment used in connection therewith by the State or any
12unit of local government, special transportation district,
13municipal corporation or other corporation or public authority
14authorized to provide and promote public transportation within
15the State or 2 two or more of the foregoing jointly.
16(Source: P.A. 101-30, eff. 6-28-19.)
17    Section 30-80. The Illinois Income Tax Act is amended by
18changing Section 507FFF as follows:
19    (35 ILCS 5/507FFF)
20    Sec. 507FFF. Autism Care Fund checkoff. For taxable years
21ending on or after December 31, 2015, the Department must
22print on its standard individual income tax form a provision
23(i) indicating that if the taxpayer wishes to contribute to
24the Autism Care Fund, a special fund created in the State

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1treasury, for the purpose of donating to the Autism Society of
2Illinois, as authorized by Public Act 99-423 this amendatory
3Act of the 99th General Assembly, he or she may do so by
4stating the amount of the contribution (not less than $1) on
5the return and (ii) stating that the contribution will reduce
6the taxpayer's refund or increase the amount of payment to
7accompany the return. Failure to remit any amount of increased
8payment shall reduce the contribution accordingly.
9Notwithstanding any other provision of law, moneys deposited
10into the Autism Care Fund from contributions under this
11Section shall be used by the Department of Human Services to
12make grants to the Autism Society of Illinois. This Section
13does not apply to any amended return. Notwithstanding any
14other provision of law, on June 30, 2026, or as soon thereafter
15as practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the remaining balance from the Autism
17Care Fund into the Autism Awareness Fund. Upon completion of
18the transfers, the Autism Care Fund is dissolved, and any
19future deposits due to that Fund and any outstanding
20obligations or liabilities of that Fund shall pass to the
21Autism Awareness Fund. This Section is repealed on January 1,
222027.    
23(Source: P.A. 99-423, eff. 8-20-15.)
24    (35 ILCS 5/507L rep.)
25    (35 ILCS 5/507CCC rep.)

10400HB1075sam003- 421 -LRB104 03072 JDS 27160 a
1    (35 ILCS 5/507DDD rep.)
2    (35 ILCS 5/508 rep.)
3    Section 30-85. The Illinois Income Tax Act is amended by
4repealing Sections 507L, 507CCC, 507DDD, and 508.
5    Section 30-90. The Law Enforcement Intern Training Act is
6amended by changing Section 25 as follows:
7    (50 ILCS 708/25)
8    Sec. 25. Program revenues Police Training Board Services
9Fund. The Board shall charge, collect, or receive fees,
10tuition, or moneys from persons electing to enter the Law
11Enforcement Intern Training Program or the Correctional
12Officer Intern Program equivalent to the costs of providing
13personnel, equipment, services, and training to law
14enforcement interns that, in the judgment judgement of the
15Board, are in the best interest of the State.
16    Through June 30, 2026, all All fees or moneys received by
17the Board under this Act shall be deposited into in a special
18fund in the State Treasury to be known as the Police Training
19Board Services Fund. The moneys deposited into in the Police
20Training Board Services Fund shall be appropriated to the
21Board for expenses of the Board for the administration and
22conduct of training. Beginning June 30, 2026, all fees or
23moneys received by the Board under this Act shall be deposited
24into the Law Enforcement Training Fund.    

10400HB1075sam003- 422 -LRB104 03072 JDS 27160 a
1    On June 30, 2026, or as soon thereafter as practical, the
2State Comptroller shall direct and the State Treasurer shall
3transfer the remaining balance from the Police Training Board
4Services Fund into the Law Enforcement Training Fund. Upon
5completion of the transfer, the Police Training Board Services
6Fund is dissolved, and any future deposits due to that Fund and
7any outstanding obligations or liabilities of that Fund pass
8to the Law Enforcement Training Fund.    
9(Source: P.A. 101-577, eff. 8-23-19.)
10    Section 30-95. The Metropolitan Pier and Exposition
11Authority Act is amended by changing Section 13.3 as follows:
12    (70 ILCS 210/13.3)
13    Sec. 13.3. MPEA Reserve Fund. There is hereby created the
14MPEA Reserve Fund in the State Treasury. If any amount of the
152010 deficiency amount is paid to the State Treasurer pursuant
16to paragraph (3) of subsection (g) of Section 13 or Section
1713.2 on any date after July 6, 2017 (the effective date of
18Public Act 100-23) this amendatory Act of the 100th General
19Assembly, the Comptroller shall order transferred, and the
20Treasurer shall transfer an equal amount from the General
21Revenue Fund into the MPEA Reserve Fund. Amounts in the MPEA
22Reserve Fund shall be administered by the Treasurer as
23follows:
24        (a) On July 1 of each fiscal year, the State Treasurer

10400HB1075sam003- 423 -LRB104 03072 JDS 27160 a
1 shall transfer from the MPEA Reserve Fund to the General
2 Revenue Fund an amount equal to 100% of any post-2010
3 deficiency amount.
4        (b) Notwithstanding subsection (a) of this Section,
5 any amounts in the MPEA Reserve Fund may be appropriated
6 by law for any other authorized purpose.
7        (c) All amounts in the MPEA Reserve Fund shall be
8 deposited into the General Revenue Fund when bonds and
9 notes issued under Section 13.2, including bonds and notes
10 issued to refund those bonds and notes, are no longer
11 outstanding.
12    Notwithstanding any other provision of law, on July 1,
132025, or as soon thereafter as practical, the State
14Comptroller shall direct and the State Treasurer shall
15transfer the remaining balance from the MPEA Reserve Fund into
16the General Revenue Fund. Upon completion of the transfer, the
17MPEA Reserve Fund is dissolved, and any future deposits due to
18that Fund and any outstanding obligations or liabilities of
19that Fund pass to the General Revenue Fund. This Section is
20repealed on January 1, 2026.    
21(Source: P.A. 100-23, eff. 7-6-17.)
22    Section 30-100. The School Code is amended by changing
23Section 22-83 as follows:
24    (105 ILCS 5/22-83)

10400HB1075sam003- 424 -LRB104 03072 JDS 27160 a
1    Sec. 22-83. Police training academy job training program.
2    (a) In a county of 175,000 or more inhabitants, any school
3district with a high school may establish one or more
4partnerships with a local police department, county sheriff,
5or police training academy to establish a jobs training
6program for high school students. The school district shall
7establish its partnership or partnerships on behalf of all of
8the high schools in the district; no high school shall
9establish a partnership for this purpose separate from the
10school district's partnership under this Section. The jobs
11training program shall be open to all students, regardless of
12prior academic history. However, to encourage and maintain
13successful program participation and partnerships, the school
14districts and their partner agencies may impose specific
15program requirements.
16    (b) The State Board of Education shall track participation
17and the success of students participating in the jobs training
18program established under this Section and annually publish a
19report on its website examining the program and its success.
20    (c) Participating counties, school districts, and law
21enforcement partners may seek federal, State, and private
22funds to support the police training academy job training and
23scholarship programs established under Section 65.95 of the
24Higher Education Student Assistance Act and this Section.    
25(Source: P.A. 100-331, eff. 1-1-18.)

10400HB1075sam003- 425 -LRB104 03072 JDS 27160 a
1    Section 30-105. The Board of Higher Education Act is
2amended by changing Section 9.36 as follows:
3    (110 ILCS 205/9.36)
4    Sec. 9.36. Processing fee.
5    (a) The Board may collect a fee to cover the cost of
6processing and handling individual student-level data requests
7pursuant to an approved data sharing agreement. The fee shall
8not be assessed on any entities that are complying with State
9or federal-mandated reporting. The fee shall be set by the
10Board by rule. Money from the fee shall be deposited into the
11BHE Data and Research Cost Recovery Fund.
12    (b) The Board may not provide personally identifiable
13information on individual students except in the case where an
14approved data sharing agreement is signed that includes
15specific requirements for safeguarding the privacy and
16security of any personally identifiable information in
17compliance with the federal Family Educational Rights and
18Privacy Act of 1974.
19    (c) The BHE Data and Research Cost Recovery Fund is
20created as a special fund in the State treasury. The Board
21shall deposit into the Fund moneys received from processing
22requests for individual student-level data. All moneys in the
23Fund shall be used by the Board, subject to appropriation, for
24costs associated with maintaining and updating the individual
25student-level data systems.

10400HB1075sam003- 426 -LRB104 03072 JDS 27160 a
1    (d) On June 30, 2026, or as soon thereafter as practical,
2the State Comptroller shall direct and the State Treasurer
3shall transfer the remaining balance from the BHE Data and
4Research Cost Recovery Fund into the General Revenue Fund.
5Upon completion of the transfer, the BHE Data and Research
6Cost Recovery Fund is dissolved, and any future deposits due
7to that Fund and any outstanding obligations or liabilities of
8that Fund shall pass to the General Revenue Fund.    
9(Source: P.A. 100-417, eff. 8-25-17.)
10    Section 30-110. The Higher Education Student Assistance
11Act is amended by changing Sections 45 and 65.95 as follows:
12    (110 ILCS 947/45)
13    Sec. 45. Illinois National Guard and Naval Militia grant
14program.
15    (a) As used in this Section:
16    "State-controlled State controlled university or community
17college" means those institutions under the administration of
18the Chicago State University Board of Trustees, the Eastern
19Illinois University Board of Trustees, the Governors State
20University Board of Trustees, the Illinois State University
21Board of Trustees, the Northeastern Illinois University Board
22of Trustees, the Northern Illinois University Board of
23Trustees, the Western Illinois University Board of Trustees,
24Southern Illinois University Board of Trustees, University of

10400HB1075sam003- 427 -LRB104 03072 JDS 27160 a
1Illinois Board of Trustees, or the Illinois Community College
2Board.
3    "Tuition and fees" does shall not include expenses for any
4sectarian or denominational instruction, the construction or
5maintenance of sectarian or denominational facilities, or any
6other sectarian or denominational purposes or activity.
7    "Fees" means matriculation, graduation, activity, term, or
8incidental fees. Exemption shall not be granted from any other
9fees, including book rental, service, laboratory, supply, and
10union building fees, hospital and medical insurance fees, and
11any fees established for the operation and maintenance of
12buildings, the income of which is pledged to the payment of
13interest and principal on bonds issued by the governing board
14of any university or community college.
15    (b) Any person who has served at least one year in the
16Illinois National Guard or the Illinois Naval Militia and who
17possesses all necessary entrance requirements shall, upon
18application and proper proof, be awarded a grant to the
19State-controlled university or community college of his or her
20choice, consisting of exemption from tuition and fees for not
21more than the equivalent of 4 years of full-time enrollment,
22including summer terms, in relation to his or her course of
23study at that State-controlled State controlled university or
24community college while he or she is a member of the Illinois
25National Guard or the Illinois Naval Militia. Beginning with
26the 2013-2014 academic year, any person who has served over 10

10400HB1075sam003- 428 -LRB104 03072 JDS 27160 a
1years in the Illinois National Guard shall be awarded an
2additional grant to the State-controlled university or
3community college of his or her choice, consisting of an
4exemption from tuition and fees for not more than the
5equivalent of an additional 2 years of full-time enrollment,
6including summer terms. Except as otherwise provided in this
7Section, if the recipient of any grant awarded under this
8Section ceases to be a member of the Illinois National Guard or
9the Illinois Naval Militia while enrolled in a course of study
10under that grant, the grant shall be terminated as of the date
11membership in the Illinois National Guard or the Illinois
12Naval Militia ended, and the recipient shall be permitted to
13complete the school term in which he or she is then enrolled
14only upon payment of tuition and other fees allocable to the
15part of the term then remaining. If the recipient of a grant
16awarded under this Section ceases to be a member of the
17Illinois National Guard or the Illinois Naval Militia while
18enrolled in a course of study under that grant but (i) has
19served in the Illinois National Guard or the Illinois Naval
20Militia for at least 5 years and (ii) has served a cumulative
21total of at least 6 months of active duty, then that recipient
22shall continue to be eligible for a grant for one year after
23membership in the Illinois National Guard or the Illinois
24Naval Militia ended, provided that the recipient has not
25already received the exemption from tuition and fees for the
26equivalent of 4 years of full-time enrollment, including

10400HB1075sam003- 429 -LRB104 03072 JDS 27160 a
1summer terms, under this Section. If the recipient of the
2grant fails to complete his or her military service
3obligations or requirements for satisfactory participation,
4the Department of Military Affairs shall require the recipient
5to repay the amount of the grant received, prorated according
6to the fraction of the service obligation not completed, and,
7if applicable, reasonable collection fees. The Department of
8Military Affairs may adopt rules relating to its collection
9activities for repayment of the grant under this Section.
10Unsatisfactory participation shall be defined by rules adopted
11by the Department of Military Affairs. Repayments shall be
12deposited into in the National Guard and Naval Militia Grant
13Fund. The National Guard and Naval Militia Grant Fund is
14created as a special fund in the State treasury. All money in
15the National Guard and Naval Militia Grant Fund shall be used,
16subject to appropriation, by the Illinois Student Assistance
17Commission for the purposes of this Section. On June 30, 2026,
18or as soon thereafter as practical, the State Comptroller
19shall direct and the State Treasurer shall transfer the
20remaining balance from the National Guard and Naval Militia
21Grant Fund into the General Revenue Fund. Upon completion of
22the transfer, the National Guard and Naval Militia Grant Fund
23is dissolved, and any future deposits due to that Fund and any
24outstanding obligations or liabilities of that Fund shall pass
25to the General Revenue Fund.    
26    A grant awarded under this Section shall be considered an

10400HB1075sam003- 430 -LRB104 03072 JDS 27160 a
1entitlement which the State-controlled university or community
2college in which the holder is enrolled shall honor without
3any condition other than the holder's maintenance of minimum
4grade levels and a satisfactory student loan repayment record
5pursuant to subsection (c) of Section 20 of this Act.
6    (c) Subject to a separate appropriation for such purposes,
7the Commission may reimburse the State-controlled university
8or community college for grants authorized by this Section.
9(Source: P.A. 98-314, eff. 8-12-13.)
10    (110 ILCS 947/65.95)
11    Sec. 65.95. Police training academy job training
12scholarship program.
13    (a) The Commission shall, each year, receive applications
14for scholarships under this Section. An applicant is eligible
15for a scholarship under this Section if the Commission finds
16that the applicant has successfully completed the police
17training academy job training program established under
18Section 22-83 of the School Code and been accepted to a public
19institution of higher learning in the State.
20    (b) Applicants who are determined to be eligible for
21assistance under this Section shall receive, subject to
22appropriation from the Police Training Academy Job Training
23Program and Scholarship Fund, a renewable scholarship to be
24applied to tuition and mandatory fees and paid directly to the
25public institution of higher learning at which the applicant

10400HB1075sam003- 431 -LRB104 03072 JDS 27160 a
1is enrolled. However, the total amount of assistance awarded
2by the Commission under this Section to an individual in any
3fiscal year, when added to other financial assistance awarded
4by the Commission to that individual for that fiscal year,
5must not exceed the cost of attendance at the institution of
6higher learning at which the student is enrolled.
7    (c) A scholarship awarded under this Section may be
8renewed for a total of up to 4 years of full-time enrollment.
9The Commission may by rule set the academic requirements
10necessary to maintain participation in the program.
11    (d) Students granted a scholarship under this Section
12shall be granted access to any needed noncredit remedial
13courses in order to ensure academic success at the public
14institution of higher learning. Students granted a scholarship
15under this Section shall also be admitted to a student
16retention program offered by the public institution of higher
17learning, including, but not limited to, any CHANCE program
18the public institution may have established.
19    (e) The Commission shall make all necessary and proper
20rules not inconsistent with this Section for its effective
21implementation.
22(Source: P.A. 100-331, eff. 1-1-18.)
23    Section 30-115. The Public Utilities Act is amended by
24changing Section 8-403.1 as follows:

10400HB1075sam003- 432 -LRB104 03072 JDS 27160 a
1    (220 ILCS 5/8-403.1)    (from Ch. 111 2/3, par. 8-403.1)
2    Sec. 8-403.1. Electricity purchased from qualified solid
3waste energy facility; tax credit; distributions for economic
4development.
5    (a) It is hereby declared to be the policy of this State to
6encourage the development of alternate energy production
7facilities in order to conserve our energy resources and to
8provide for their most efficient use.
9    (b) For the purpose of this Section and Section 9-215.1,
10"qualified solid waste energy facility" means a facility
11determined by the Illinois Commerce Commission to qualify as
12such under the Local Solid Waste Disposal Act, to use methane
13gas generated from landfills as its primary fuel, and to
14possess characteristics that would enable it to qualify as a
15cogeneration or small power production facility under federal
16law.
17    (c) In furtherance of the policy declared in this Section,
18the Illinois Commerce Commission shall require electric
19utilities to enter into long-term contracts to purchase
20electricity from qualified solid waste energy facilities
21located in the electric utility's service area, for a period
22beginning on the date that the facility begins generating
23electricity and having a duration of not less than 10 years in
24the case of facilities fueled by landfill-generated methane,
25or 20 years in the case of facilities fueled by methane
26generated from a landfill owned by a forest preserve district.

10400HB1075sam003- 433 -LRB104 03072 JDS 27160 a
1The purchase rate contained in such contracts shall be equal
2to the average amount per kilowatt-hour paid from time to time
3by the unit or units of local government in which the
4electricity generating facilities are located, excluding
5amounts paid for street lighting and pumping service.
6    (d) Whenever a public utility is required to purchase
7electricity pursuant to subsection (c) above, it shall be
8entitled to credits in respect of its obligations to remit to
9the State taxes it has collected under the Electricity Excise
10Tax Law equal to the amounts, if any, by which payments for
11such electricity exceed (i) the then current rate at which the
12utility must purchase the output of qualified facilities
13pursuant to the federal Public Utility Regulatory Policies Act
14of 1978, less (ii) any costs, expenses, losses, damages or
15other amounts incurred by the utility, or for which it becomes
16liable, arising out of its failure to obtain such electricity
17from such other sources. The amount of any such credit shall,
18in the first instance, be determined by the utility, which
19shall make a monthly report of such credits to the Illinois
20Commerce Commission and, on its monthly tax return, to the
21Illinois Department of Revenue. Under no circumstances shall a
22utility be required to purchase electricity from a qualified
23solid waste energy facility at the rate prescribed in
24subsection (c) of this Section if such purchase would result
25in estimated tax credits that exceed, on a monthly basis, the
26utility's estimated obligation to remit to the State taxes it

10400HB1075sam003- 434 -LRB104 03072 JDS 27160 a
1has collected under the Electricity Excise Tax Law. The owner
2or operator shall negotiate facility operating conditions with
3the purchasing utility in accordance with that utility's
4posted standard terms and conditions for small power
5producers. If the Department of Revenue disputes the amount of
6any such credit, such dispute shall be decided by the Illinois
7Commerce Commission. Whenever a qualified solid waste energy
8facility has paid or otherwise satisfied in full the capital
9costs or indebtedness incurred in developing and implementing
10the qualified solid waste energy facility, whenever the
11qualified solid waste energy facility ceases to operate and
12produce electricity from methane gas generated from landfills,
13or at the end of the contract entered into pursuant to
14subsection (c) of this Section, whichever occurs first, the
15qualified solid waste energy facility shall reimburse the
16Public Utility Fund and the General Revenue Fund in the State
17treasury for the actual reduction in payments to those Funds
18caused by this subsection (d) in a manner to be determined by
19the Illinois Commerce Commission and based on the manner in
20which revenues for those Funds were reduced. The payments
21shall be made to the Illinois Commerce Commission, which shall
22determine the appropriate disbursements to the Public Utility
23Fund and the General Revenue Fund based on this subsection
24(d).
25    (e) The Illinois Commerce Commission shall not require an
26electric utility to purchase electricity from any qualified

10400HB1075sam003- 435 -LRB104 03072 JDS 27160 a
1solid waste energy facility which is owned or operated by an
2entity that is primarily engaged in the business of producing
3or selling electricity, gas, or useful thermal energy from a
4source other than one or more qualified solid waste energy
5facilities.
6    (e-5) A qualified solid waste energy facility may receive
7the purchase rate provided in subsection (c) of this Section
8only for kilowatt-hours generated by the use of methane gas
9generated from landfills. The purchase rate provided in
10subsection (c) of this Section does not apply to electricity
11generated by the use of a fuel that is not methane gas
12generated from landfills. If the Illinois Commerce Commission
13determines that a qualified solid waste energy facility has
14violated the requirement regarding the use of methane gas
15generated from a landfill as set forth in this subsection
16(e-5), then the Commission shall issue an order requiring that
17the qualified solid waste energy facility repay the State for
18all dollar amounts of electricity sales that are determined by
19the Commission to be the result of the violation. As part of
20that order, the Commission shall have the authority to revoke
21the facility's approval to act as a qualified solid waste
22energy facility granted by the Commission under this Section.
23If the amount owed by the qualified solid waste energy
24facility is not received by the Commission within 90 days
25after the date of the Commission's order that requires
26repayment, then the Commission shall issue an order that

10400HB1075sam003- 436 -LRB104 03072 JDS 27160 a
1revokes the facility's approval to act as a qualified solid
2waste energy facility granted by the Commission under this
3Section. The Commission's action that vacates prior qualified
4solid waste energy facility approval does not excuse the
5repayment to the State treasury required by subsection (d) of
6this Section for utility tax credits accumulated up to the
7time of the Commission's action. A qualified solid waste
8energy facility must receive Commission approval before it may
9use any fuel in addition to methane gas generated from a
10landfill in order to generate electricity. If a qualified
11solid waste energy facility petitions the Commission to use
12any fuel in addition to methane gas generated from a landfill
13to generate electricity, then the Commission shall have the
14authority to do the following:
15        (1) establish the methodology for determining the
16 amount of electricity that is generated by the use of
17 methane gas generated from a landfill and the amount that
18 is generated by the use of other fuel;
19        (2) determine all reporting requirements for the
20 qualified solid waste energy facility that are necessary
21 for the Commission to determine the amount of electricity
22 that is generated by the use of methane gas from a landfill
23 and the amount that is generated by the use of other fuel
24 and the resulting payments to the qualified solid waste
25 energy facility; and
26        (3) require that the qualified solid waste energy

10400HB1075sam003- 437 -LRB104 03072 JDS 27160 a
1 facility, at the qualified solid waste energy facility's
2 expense, install metering equipment that the Commission
3 determines is necessary to enforce compliance with this
4 subsection (e-5).
5    A public utility that is required to enter into a
6long-term purchase contract with a qualified solid waste
7energy facility has no duty to determine whether the
8electricity being purchased was generated by the use of
9methane gas generated from a landfill or was generated by the
10use of some other fuel in violation of the requirements of this
11subsection (e-5).
12    (f) This Section does not require an electric utility to
13construct additional facilities unless those facilities are
14paid for by the owner or operator of the affected qualified
15solid waste energy facility.
16    (g) The Illinois Commerce Commission shall require that:
17(1) electric utilities use the electricity purchased from a
18qualified solid waste energy facility to displace electricity
19generated from nuclear power or coal mined and purchased
20outside the boundaries of the State of Illinois before
21displacing electricity generated from coal mined and purchased
22within the State of Illinois, to the extent possible, and (2)
23electric utilities report annually to the Commission on the
24extent of such displacements.
25    (h) Nothing in this Section is intended to cause an
26electric utility that is required to purchase power hereunder

10400HB1075sam003- 438 -LRB104 03072 JDS 27160 a
1to incur any economic loss as a result of its purchase. All
2amounts paid for power which a utility is required to purchase
3pursuant to subparagraph (c) shall be deemed to be costs
4prudently incurred for purposes of computing charges under
5rates authorized by Section 9-220 of this Act. Tax credits
6provided for herein shall be reflected in charges made
7pursuant to rates so authorized to the extent such credits are
8based upon a cost which is also reflected in such charges.
9    (i) (Blank). Beginning in February 1999 and through
10January 2013, each qualified solid waste energy facility that
11sells electricity to an electric utility at the purchase rate
12described in subsection (c) shall file with the Department of
13Revenue on or before the 15th of each month a form, prescribed
14by the Department of Revenue, that states the number of
15kilowatt hours of electricity for which payment was received
16at that purchase rate from electric utilities in Illinois
17during the immediately preceding month. This form shall be
18accompanied by a payment from the qualified solid waste energy
19facility in an amount equal to six-tenths of a mill ($0.0006)
20per kilowatt hour of electricity stated on the form. Beginning
21on the effective date of this amendatory Act of the 92nd
22General Assembly, a qualified solid waste energy facility must
23file the form required under this subsection (i) before the
2415th of each month regardless of whether the facility received
25any payment in the previous month. Payments received by the
26Department of Revenue shall be deposited into the Municipal

10400HB1075sam003- 439 -LRB104 03072 JDS 27160 a
1Economic Development Fund, a trust fund created outside the
2State treasury. The State Treasurer may invest the moneys in
3the Fund in any investment authorized by the Public Funds
4Investment Act, and investment income shall be deposited into
5and become part of the Fund. Moneys in the Fund shall be used
6by the State Treasurer as provided in subsection (j).    
7    Beginning on July 1, 2006 through January 31, 2013, each
8month the State Treasurer shall certify the following to the
9State Comptroller:
10        (A) the amount received by the Department of Revenue
11 under this subsection (i) during the immediately preceding
12 month; and
13        (B) the amount received by the Department of Revenue
14 under this subsection (i) in the corresponding month in
15 calendar year 2002.
16As soon as practicable after receiving the certification from
17the State Treasurer, the State Comptroller shall transfer from
18the General Revenue Fund to the Municipal Economic Development
19Fund in the State treasury an amount equal to the amount by
20which the amount calculated under item (B) of this paragraph
21exceeds the amount calculated under item (A) of this
22paragraph, if any.    
23    The obligation of a qualified solid waste energy facility
24to make payments into the Municipal Economic Development Fund
25shall terminate upon either: (1) expiration or termination of
26a facility's contract to sell electricity to an electric

10400HB1075sam003- 440 -LRB104 03072 JDS 27160 a
1utility at the purchase rate described in subsection (c); or
2(2) entry of an enforceable, final, and non-appealable order
3by a court of competent jurisdiction that Public Act 89-448 is
4invalid. Payments by a qualified solid waste energy facility
5into the Municipal Economic Development Fund do not relieve
6the qualified solid waste energy facility of its obligation to
7reimburse the Public Utility Fund and the General Revenue Fund
8for the actual reduction in payments to those Funds as a result
9of credits received by electric utilities under subsection
10(d).
11    A qualified solid waste energy facility that fails to
12timely file the requisite form and payment as required by this
13subsection (i) shall be subject to penalties and interest in
14conformance with the provisions of the Illinois Uniform
15Penalty and Interest Act.
16    Every qualified solid waste energy facility subject to the
17provisions of this subsection (i) shall keep and maintain
18records and books of its sales pursuant to subsection (c),
19including payments received from those sales and the
20corresponding tax payments made in accordance with this
21subsection (i), and for purposes of enforcement of this
22subsection (i) all such books and records shall be subject to
23inspection by the Department of Revenue or its duly authorized
24agents or employees.
25    When a qualified solid waste energy facility fails to file
26the form or make the payment required under this subsection

10400HB1075sam003- 441 -LRB104 03072 JDS 27160 a
1(i), the Department of Revenue, to the extent that it is
2practical, may enforce the payment obligation in a manner
3consistent with Section 5 of the Retailers' Occupation Tax
4Act, and if necessary may impose and enforce a tax lien in a
5manner consistent with Sections 5a, 5b, 5c, 5d, 5e, 5f, 5g, and
65i of the Retailers' Occupation Tax Act. No tax lien may be
7imposed or enforced, however, unless a qualified solid waste
8energy facility fails to make the payment required under this
9subsection (i). Only to the extent necessary and for the
10purpose of enforcing this subsection (i), the Department of
11Revenue may secure necessary information from a qualified
12solid waste energy facility in a manner consistent with
13Section 10 of the Retailers' Occupation Tax Act.
14    All information received by the Department of Revenue in
15its administration and enforcement of this subsection (i)
16shall be confidential in a manner consistent with Section 11
17of the Retailers' Occupation Tax Act. The Department of
18Revenue may adopt rules to implement the provisions of this
19subsection (i).
20    For purposes of implementing the maximum aggregate
21distribution provisions in subsections (j) and (k), when a
22qualified solid waste energy facility makes a late payment to
23the Department of Revenue for deposit into the Municipal
24Economic Development Fund, that payment and deposit shall be
25attributed to the month and corresponding quarter in which the
26payment should have been made, and the Treasurer shall make

10400HB1075sam003- 442 -LRB104 03072 JDS 27160 a
1retroactive distributions or refunds, as the case may be,
2whenever such late payments so require.
3    (j) (Blank). The State Treasurer, without appropriation,
4must make distributions immediately after January 15, April
515, July 15, and October 15 of each year, up to maximum
6aggregate distributions of $500,000 for the distributions made
7in the 4 quarters beginning with the April distribution and
8ending with the January distribution, from the Municipal
9Economic Development Fund to each city, village, or
10incorporated town located in Cook County that has approved
11construction within its boundaries of an incinerator that will
12burn recovered wood processed for fuel to generate electricity
13and will commence operation after 2009. Total distributions in
14the aggregate to all qualified cities, villages, and
15incorporated towns in the 4 quarters beginning with the April
16distribution and ending with the January distribution shall
17not exceed $500,000. The amount of each distribution shall be
18determined pro rata based on the population of the city,
19village, or incorporated town compared to the total population
20of all cities, villages, and incorporated towns eligible to
21receive a distribution. Distributions received by a city,
22village, or incorporated town must be held in a separate
23account and may be used only to promote and enhance
24industrial, commercial, residential, service, transportation,
25and recreational activities and facilities within its
26boundaries, thereby enhancing the employment opportunities,

10400HB1075sam003- 443 -LRB104 03072 JDS 27160 a
1public health and general welfare, and economic development
2within the community, including administrative expenditures
3exclusively to further these activities. Distributions may
4also be used for cleanup of open dumping from vacant
5properties and the removal of structures condemned by the
6city, village, or incorporated town. These funds, however,
7shall not be used by the city, village, or incorporated town,
8directly or indirectly, to purchase, lease, operate, or in any
9way subsidize the operation of any incinerator, and these
10funds shall not be paid, directly or indirectly, by the city,
11village, or incorporated town to the owner, operator, lessee,
12shareholder, or bondholder of any incinerator. Moreover, these
13funds shall not be used to pay attorneys fees in any litigation
14relating to the validity of Public Act 89-448. Nothing in this
15Section prevents a city, village, or incorporated town from
16using other corporate funds for any legitimate purpose. For
17purposes of this subsection, the term "municipal waste" has
18the meaning ascribed to it in Section 3.290 of the
19Environmental Protection Act.
20    (k) (Blank). If maximum aggregate distributions of
21$500,000 under subsection (j) have been made after the January
22distribution from the Municipal Economic Development Fund,
23then the balance in the Fund shall be refunded to the qualified
24solid waste energy facilities that made payments that were
25deposited into the Fund during the previous 12-month period.
26The refunds shall be prorated based upon the facility's

10400HB1075sam003- 444 -LRB104 03072 JDS 27160 a
1payments in relation to total payments for that 12-month
2period.
3    (l) (Blank). Beginning January 1, 2000, and each January 1
4thereafter, each city, village, or incorporated town that
5received distributions from the Municipal Economic Development
6Fund, continued to hold any of those distributions, or made
7expenditures from those distributions during the immediately
8preceding year shall submit to a financial and compliance and
9program audit of those distributions performed by the Auditor
10General at no cost to the city, village, or incorporated town
11that received the distributions. The audit should be completed
12by June 30 or as soon thereafter as possible. The audit shall
13be submitted to the State Treasurer and those officers
14enumerated in Section 3-14 of the Illinois State Auditing Act.
15If the Auditor General finds that distributions have been
16expended in violation of this Section, the Auditor General
17shall refer the matter to the Attorney General. The Attorney
18General may recover, in a civil action, 3 times the amount of
19any distributions illegally expended. For purposes of this
20subsection, the terms "financial audit," "compliance audit",
21and "program audit" have the meanings ascribed to them in
22Sections 1-13 and 1-15 of the Illinois State Auditing Act.
23    (m) On and after June 6, 2006 (the effective date of Public
24Act 94-836) this amendatory Act of the 94th General Assembly,
25beginning on the first date on which renewable energy
26certificates or other salable saleable representations are

10400HB1075sam003- 445 -LRB104 03072 JDS 27160 a
1sold by a qualified solid waste energy facility, with or
2without the electricity generated by the facility, and
3utilized by an electric utility or another electric supplier
4to comply with a renewable energy portfolio standard mandated
5by Illinois law or mandated by order of the Illinois Commerce
6Commission, that qualified solid waste energy facility may not
7sell electricity pursuant to this Section and shall be exempt
8from the requirements of subsections (a) through (l) of this
9Section, except that it shall remain obligated for any
10reimbursements required under subsection (d) of this Section.
11All of the provisions of this Section shall remain in full
12force and effect with respect to any qualified solid waste
13energy facility that sold electric energy pursuant to this
14Section at any time before July 1, 2006 and that does not sell
15renewable energy certificates or other salable saleable    
16representations to meet the requirements of a renewable energy
17portfolio standard mandated by Illinois law or mandated by
18order of the Illinois Commerce Commission.
19    (n) Notwithstanding any other provision of law to the
20contrary, beginning on July 1, 2006, the Illinois Commerce
21Commission shall not issue any order determining that a
22facility is a qualified solid waste energy facility unless the
23qualified solid waste energy facility was determined by the
24Illinois Commerce Commission to be a qualified solid waste
25energy facility before July 1, 2006. As a guide to the intent,
26interpretation, and application of Public Act 94-836 this

10400HB1075sam003- 446 -LRB104 03072 JDS 27160 a
1amendatory Act of the 94th General Assembly, it is hereby
2declared to be the policy of this State to honor each qualified
3solid waste energy facility contract in existence on June 6,
42006 (the effective date of Public Act 94-836) this amendatory
5Act of the 94th General Assembly if the qualified solid waste
6energy facility continues to meet the requirements of this
7Section for the duration of its respective contract term.
8(Source: P.A. 96-449, eff. 8-14-09.)
9    Section 30-120. The Illinois Horse Racing Act of 1975 is
10amended by adding Section 57 as follows:
11    (230 ILCS 5/57 new)
12    Sec. 57. Fund dissolution. Notwithstanding any other
13provision of law to the contrary and in addition to any other
14transfers that may be provided by law, on June 30, 2026, or as
15soon thereafter as practical, the State Comptroller shall
16direct and the State Treasurer shall transfer the remaining
17balance from the Illinois Veterans' Rehabilitation Fund into
18the General Revenue Fund. Upon completion of the transfer, the
19Illinois Veterans' Rehabilitation Fund is dissolved, and any
20future deposits due to that Fund and any outstanding
21obligations or liabilities of that Fund pass to the General
22Revenue Fund. This Section is repealed on January 1, 2027.
23    (305 ILCS 43/Act rep.)

10400HB1075sam003- 447 -LRB104 03072 JDS 27160 a
1    Section 30-125. The Farmers' Market Technology Improvement
2Program Act is repealed.
3    Section 30-130. The Illinois Pesticide Act is amended by
4changing Sections 13.2, 22.2, and 22.3 as follows:
5    (415 ILCS 60/13.2)
6    Sec. 13.2. Agrichemical facility.
7    (a) An agrichemical facility located within the State of
8Illinois that was not in existence during the years 1991,
91992, and 1993 and therefore did not pay the registration fee
10of $500 per year per agrichemical facility for those years may
11make a one-time payment of $1,500 to the Department of
12Agriculture for deposit into the Pesticide Control    
13Agrichemical Incident Response Trust Fund to meet the
14eligibility requirement of subdivision (2) of subsection (a)
15of Section 22.3 of this Act. The payment must be received by
16the Department of Agriculture prior to an incident for which
17reimbursement is sought under Section 22.3 to qualify for
18eligibility under subdivision (2) of subsection (a) of Section
1922.3.
20    (b) An agrichemical facility located within the State of
21Illinois that was not in existence during the years 1991,
221992, and 1993 and therefore did not pay the registration fee
23of $500 per year per agrichemical facility for those years may
24also meet the eligibility requirement of subdivision (2) of

10400HB1075sam003- 448 -LRB104 03072 JDS 27160 a
1subsection (a) of Section 22.3 of this Act through the
2transfer of eligibility from a facility under the same
3ownership whose operations were discontinued after 1993 and
4replaced by the new facility. To qualify for the eligibility
5transfer, the owner must submit a written request for the
6eligibility transfer to the Department of Agriculture, must
7have paid the $500 registration fee for each of the years 1991,
81992, and 1993 for the original facility, and completed all
9closure requirements contained in rules promulgated by the
10Department of Agriculture. Upon receipt of the eligibility
11transfer request, the Department of Agriculture shall review
12the submittal and all related containment facility files and
13shall notify the owner whether eligibility can be transferred.
14    (c) An agrichemical facility located within the State of
15Illinois that was in existence during the years 1991, 1992,
16and 1993 but did not pay the registration fee of $500 per year
17per agrichemical facility for those years may make payment of
18the unremitted balance to the Department of Agriculture for
19deposit into the Pesticide Control Agrichemical Incident
20Response Trust Fund to meet the eligibility requirement of
21subdivision (2) of subsection (a) of Section 22.3 of this Act.
22The payment must be received by the Department of Agriculture
23prior to an incident for which reimbursement is sought under
24Section 22.3 to qualify for eligibility under subdivision (2)
25of subsection (a) of Section 22.3.
26    (d) The moneys collected under this Section shall be

10400HB1075sam003- 449 -LRB104 03072 JDS 27160 a
1deposited into the Pesticide Control Agrichemical Incident
2Response Trust Fund.
3    (e) For purposes of this Section, "agrichemical facility"
4means a site:    
5        (1) used for commercial purposes,    
6            (A) where bulk pesticides are stored in a single
7 container in excess of 300 gallons of liquid pesticide
8 or 300 pounds of dry pesticide for more than 30 days
9 per year; or    
10            (B) where more than 300 gallons of liquid
11 pesticide or 300 pounds of dry pesticide are being
12 mixed, repackaged, or transferred from one container
13 to another within a 30 day period; and    
14        (2) that serves at a point in the pesticide
15 distribution chain immediately prior to final use.
16(Source: P.A. 90-403, eff. 8-15-97.)
17    (415 ILCS 60/22.2)    (from Ch. 5, par. 822.2)
18    Sec. 22.2. (a) There is hereby created a trust fund in the
19State Treasury to be known as the Agrichemical Incident
20Response Trust Fund. Any funds received by the Director of
21Agriculture from the mandates of Section 13.1 shall be
22deposited with the Treasurer as ex officio ex-officio    
23custodian and held separate and apart from any public money of
24this State, with accruing interest on the trust funds
25deposited into the trust fund. Disbursement from the fund for

10400HB1075sam003- 450 -LRB104 03072 JDS 27160 a
1purposes as set forth in this Section shall be by voucher
2ordered by the Director and paid by a warrant drawn by the
3State Comptroller and countersigned by the State Treasurer.
4The Director shall order disbursements from the Agrichemical
5Incident Response Trust Fund only for payment of the expenses
6authorized by this Act. Monies in this trust fund shall not be
7subject to appropriation by the General Assembly but shall be
8subject to audit by the Auditor General. Should the program be
9terminated, all unobligated funds in the trust fund shall be
10transferred to a trust fund to be used for purposes as
11originally intended or be transferred to the Pesticide Control
12Fund. Interest earned on the Fund shall be deposited into in    
13the Fund. Monies in the Fund may be used by the Department of
14Agriculture for the following purposes:
15        (1) for payment of costs of response action incurred
16 by owners or operators of agrichemical facilities as
17 provided in Section 22.3 of this Act;
18        (2) for the Department to take emergency action in
19 response to a release of agricultural pesticides from an
20 agrichemical facility that has created an imminent threat
21 to public health or the environment;
22        (3) for the costs of administering its activities
23 relative to the Fund as delineated in subsections (b) and
24 (c) of this Section; and
25        (4) for the Department to:
26            (A) (blank); and

10400HB1075sam003- 451 -LRB104 03072 JDS 27160 a
1            (B) administer the Agrichemical Facility Response
2 Action Program.
3        The total annual expenditures from the Fund for these
4 purposes under this paragraph (4) shall not be more than
5 $120,000, and no expenditure from the Fund for these
6 purposes shall be made when the Fund balance becomes less
7 than $750,000.
8    (b) The action undertaken shall be such as may be
9necessary or appropriate to protect human health or the
10environment.
11    (c) The Director of Agriculture is authorized to enter
12into contracts and agreements as may be necessary to carry out
13the Department's duties under this Section.
14    (d) Neither the State, the Director, nor any State
15employee shall be liable for any damages or injury arising out
16of or resulting from any action taken under this Section.
17    (e) (Blank).
18    (f) On July 1, 2025, or as soon thereafter as practical,
19the State Comptroller shall direct and the State Treasurer
20shall transfer the remaining balance from the Agrichemical
21Incident Response Trust Fund into the Pesticide Control Fund.
22Upon completion of the transfer, the Agrichemical Incident
23Response Trust Fund is dissolved, and any future deposits due
24to that Fund and any outstanding obligations or liabilities of
25that Fund shall pass to the Pesticide Control Fund.    
26(Source: P.A. 98-692, eff. 7-1-14.)

10400HB1075sam003- 452 -LRB104 03072 JDS 27160 a
1    (415 ILCS 60/22.3)    (from Ch. 5, par. 822.3)
2    Sec. 22.3. (a) An owner or operator of an agrichemical
3facility is eligible to receive money from the Pesticide
4Control Agrichemical Incident Response Trust Fund for costs of
5response action only if all of the following requirements are
6satisfied:    
7        (1) the owner or operator has provided notification of
8 the release as required by law;    
9        (2) the owner or operator was current with payment of
10 all fees required under Section 13.1 at the time of the
11 incident;    
12        (3) the costs of response action were incurred by the
13 owner or operator as a result of an incident involving a
14 release of an agricultural pesticide at an agrichemical
15 facility in Illinois.
16    (b) The Department shall not approve payment of costs of
17response action to an owner or operator which would result in
18the payment of funds from the Pesticide Control Agrichemical
19Incident Response Trust Fund in excess of $500,000 during a
20calendar year. The Department shall not approve any payment
21from the Fund to reimburse an owner or operator for costs of
22response action incurred by such owner or operator in an
23amount in excess of $500,000 per incident.
24    (c) Notwithstanding subsection (a) or (b), no owner or
25operator is eligible to receive money from the Fund unless the

10400HB1075sam003- 453 -LRB104 03072 JDS 27160 a
1owner or operator demonstrates to the Department that, at the
2time of the incident, the agrichemical facility was in
3compliance with requirements adopted by the Department for
4secondary containment of agrichemicals.    
5    (d)(1) Costs of response action incurred by an owner or
6 operator relating to an incident which occurred prior to
7 the effective date of this Section are not eligible for
8 payment or reimbursement under this Section.    
9        (2) Costs of response action incurred by an owner or
10 operator prior to reporting the incident as required by
11 law are not eligible for payment or reimbursement under
12 this Section.    
13        (3) Costs of response action incurred by an owner or
14 operator which have been paid under a policy of insurance
15 shall not be eligible for payment or reimbursement under
16 this Section.
17    (e) Requests for partial or final payment for claims under
18this Section shall be sent to the Department and partial or
19final payment shall be made only if all of the following are
20satisfied:    
21        (1) The owner or operator is eligible under
22 subsections (a) and (c) of this Section;    
23        (2) Approval of the payments requested will not result
24 in the limitations set forth in subsection (b) of this
25 Section being exceeded;    
26        (3) The owner or operator provides an accounting of

10400HB1075sam003- 454 -LRB104 03072 JDS 27160 a
1 all costs, demonstrates the costs to be reasonable, and
2 provides either proof of payment of such costs or
3 demonstrates the financial need for joint payment to the
4 owner or operator and the owner's or operator's contractor
5 in order to pay such costs;    
6        (4) The owner or operator demonstrates that the
7 response action taken was necessary and appropriate.
8    (f) If an owner or operator submits a claim or claims to
9the Department for approval under this Section, the Department
10shall deduct from the amount approved a total of $50,000 plus
1110% of the total response costs incurred by that owner or
12operator, but in no event shall the Department deduct in
13excess of $100,000 for each agrichemical facility for which a
14claim is submitted. This deductible amount shall apply
15annually for each agrichemical facility at which costs were
16incurred under a claim submitted pursuant to this Section.    
17    (g)(1) Upon receipt of notification from the Department
18 that the requirements of this Section have been met, the
19 Department shall make payment to the owner or operator of
20 the amount approved by the Department. If there is
21 insufficient money in the Fund to make payment in full of a
22 claim submitted for reimbursement, the Department may make
23 partial payment until such time as sufficient money in the
24 Fund becomes available.    
25        (2) In no case shall the Fund or the State of Illinois
26 be liable to pay claims or requests for costs of response

10400HB1075sam003- 455 -LRB104 03072 JDS 27160 a
1 action if money in the Fund is insufficient to meet such
2 claims or requests.
3    (h) Payment of any amount from the Fund for response
4action shall be subject to the State of Illinois acquiring, by
5subrogation, the rights of any owner or operator to recover
6the costs of response action for which the Fund has
7compensated the owner or operator from the person responsible
8or liable for the release.    
9    (i)(1) Nothing in this Section shall be construed to
10 authorize recovery for costs of response action for any
11 release authorized or permitted pursuant to State or
12 federal law.    
13        (2) Nothing in this Section shall be construed to
14 authorize recovery for costs of response action as the
15 result of the storage, handling and use, or recommendation
16 for storage, handling and use, of a pesticide consistent
17 with:    
18            (A) its directions for storage, handling and use
19 as stated in its label or labeling;    
20            (B) its warning and cautions as stated in its
21 label or labeling; and    
22            (C) the uses for which it is registered under the
23 federal Insecticide, Fungicide and Rodenticide Act and
24 the Illinois Pesticide Act.
25    (j) For purposes of this Section and Section 22.2:    
26        (1) "Agrichemical facility" means a site:    

10400HB1075sam003- 456 -LRB104 03072 JDS 27160 a
1            (A) used for commercial purposes    
2                (i) where bulk pesticides are stored in a
3 single container in excess of 300 gallons of
4 liquid pesticide or 300 pounds of dry pesticide
5 for more than 30 days per year, or    
6                (ii) where more than 300 gallons of liquid
7 pesticide or 300 pounds of dry pesticide are being
8 mixed, repackaged, or transferred from one
9 container to another within a 30 day period; and    
10            (B) that serves at a point in the pesticide
11 distribution chain immediately prior to final use.    
12        (2) "Response action" means an action to stop,
13 eliminate, contain, or mitigate a release of agricultural
14 pesticides and its effects at an agrichemical facility as
15 may be necessary or appropriate to protect human health
16 and the environment.    
17        (3) "Incident" means a flood, fire, tornado, on-site
18 transportation accident, equipment malfunction, storage
19 container rupture, leak, spill, discharge, escape, or
20 other event that suddenly releases an agricultural
21 pesticide into the environment and that creates an
22 imminent threat to public health or the environment.    
23        (4) "Release" means any spilling, leaking, pumping,
24 pouring, emitting, emptying, discharging, injecting,
25 escaping, leaching, dumping, or disposing into the
26 environment.

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1(Source: P.A. 86-1172; 87-128.)
2    Section 30-135. The Illinois Low-Level Radioactive Waste
3Management Act is amended by changing Sections 14, 15, 17, and
421 as follows:
5    (420 ILCS 20/14)    (from Ch. 111 1/2, par. 241-14)
6    Sec. 14. Waste management funds.
7    (a) There is hereby created in the State Treasury a
8special fund to be known as the "Low-Level Radioactive Waste
9Facility Development and Operation Fund". All monies within
10the Low-Level Radioactive Waste Facility Development and
11Operation Fund shall be invested by the State Treasurer in
12accordance with established investment practices. Interest
13earned by such investment shall be returned to the Low-Level
14Radioactive Waste Facility Development and Operation Fund. The    
15Except as otherwise provided in this subsection, the Agency
16shall deposit 80% of all receipts from the fees required under
17subsections (a) and (b) of Section 13 in the State Treasury to
18the credit of this Fund. Beginning July 1, 1997, and until
19December 31 of the year in which the Agency approves a proposed
20site under Section 10.3, the Agency shall deposit all fees
21collected under subsections (a) and (b) of Section 13 of this
22Act into the Fund. Subject to appropriation, the Agency is
23authorized to expend all moneys in the Fund in amounts it deems
24necessary for:

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1        (1) hiring personnel and any other operating and
2 contingent expenses necessary for the proper
3 administration of this Act;
4        (2) contracting with any firm for the purpose of
5 carrying out the purposes of this Act;
6        (3) grants to the Central Midwest Interstate Low-Level
7 Radioactive Waste Commission;
8        (4) hiring personnel, contracting with any person, and
9 meeting any other expenses incurred by the Agency in
10 fulfilling its responsibilities under the Radioactive
11 Waste Compact Enforcement Act;
12        (5) activities under Sections 10, 10.2 and 10.3;
13        (6) payment of fees in lieu of taxes to a local
14 government having within its boundaries a regional
15 disposal facility;
16        (7) payment of grants to counties or municipalities
17 under Section 12.1; and
18        (8) fulfillment of obligations under a community
19 agreement under Section 12.1.
20    In spending monies pursuant to such appropriations, the
21Agency shall to the extent practicable avoid duplicating
22expenditures made by any firm pursuant to a contract awarded
23under this Section.
24    (b) There is hereby created in the State Treasury a
25special fund to be known as the "Low-Level Radioactive Waste
26Facility Closure, Post-Closure Care and Compensation Fund".

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1All monies within the Low-Level Radioactive Waste Facility
2Closure, Post-Closure Care and Compensation Fund shall be
3invested by the State Treasurer in accordance with established
4investment practices. Interest earned by such investment shall
5be returned to the Low-Level Radioactive Waste Facility
6Closure, Post-Closure Care and Compensation Fund. The Agency
7shall deposit 20% of all receipts from the fees required under
8subsections (a) and (b) of Section 13 of this Act in the State
9Treasury to the credit of this Fund, except that, pursuant to
10subsection (a) of Section 14 of this Act, there shall be no
11such deposit into this Fund between July 1, 1997 and December
1231 of the year in which the Agency approves a proposed site
13pursuant to Section 10.3 of this Act. All deposits into this
14Fund shall be held by the State Treasurer separate and apart
15from all public money or funds of this State. Subject to
16appropriation, the Agency is authorized to expend any moneys
17in this Fund in amounts it deems necessary for:
18        (1) decommissioning and other procedures required for
19 the proper closure of the regional disposal facility;
20        (2) monitoring, inspecting, and other procedures
21 required for the proper closure, decommissioning, and
22 post-closure care of the regional disposal facility;
23        (3) taking any remedial actions necessary to protect
24 human health and the environment from releases or
25 threatened releases of wastes from the regional disposal
26 facility;

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1        (4) the purchase of facility and third-party liability
2 insurance necessary during the institutional control
3 period of the regional disposal facility;
4        (5) mitigating the impacts of the suspension or
5 interruption of the acceptance of waste for disposal;
6        (6) compensating any person suffering any damages or
7 losses to a person or property caused by a release from the
8 regional disposal facility as provided for in Section 15;
9 and
10        (7) fulfillment of obligations under a community
11 agreement under Section 12.1.
12    On or before March 1 of each year through March 1, 2025,
13the Agency shall deliver to the Governor, the President and
14Minority Leader of the Senate, the Speaker and Minority Leader
15of the House, and each of the generators that have contributed
16during the preceding State fiscal year to the Fund a financial
17statement, certified and verified by the Director, which
18details all receipts and expenditures from the Fund during the
19preceding State fiscal year. The financial statements shall
20identify all sources of income to the Fund and all recipients
21of expenditures from the Fund, shall specify the amounts of
22all the income and expenditures, and shall indicate the
23amounts of all the income and expenditures, and shall indicate
24the purpose for all expenditures.
25    On July 1, 2025, or as soon thereafter as practical, the
26State Comptroller shall direct and the State Treasurer shall

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1transfer the remaining balance from the Low-Level Radioactive
2Waste Facility Closure, Post-Closure Care and Compensation
3Fund into the Low-Level Radioactive Waste Facility Development
4and Operation Fund. Upon completion of the transfer, the
5Low-Level Radioactive Waste Facility Closure, Post-Closure
6Care and Compensation Fund is dissolved, and any future
7deposits due to that Fund and any outstanding obligations or
8liabilities of that Fund shall pass to the Low-Level
9Radioactive Waste Facility Development and Operation Fund.    
10    (c) (Blank).
11    (d) The Agency may accept for any of its purposes and
12functions any donations, grants of money, equipment, supplies,
13materials, and services from any state or the United States,
14or from any institution, person, firm or corporation. Any
15donation or grant of money received after January 1, 1986    
16shall be deposited into in either the Low-Level Radioactive
17Waste Facility Development and Operation Fund or the Low-Level
18Radioactive Waste Facility Closure, Post-Closure Care and
19Compensation Fund, in accordance with the purpose of the
20grant.
21(Source: P.A. 100-146, eff. 1-1-18.)
22    (420 ILCS 20/15)    (from Ch. 111 1/2, par. 241-15)
23    Sec. 15. Compensation.
24    (a) Any person may apply to the Agency pursuant to this
25Section for compensation of a loss caused by the release, in

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1Illinois, of radioactivity from the regional disposal
2facility. The Agency shall prescribe appropriate forms and
3procedures for claims filed pursuant to this Section, which
4shall include, as a minimum, the following:    
5        (1) Provisions requiring the claimant to make a sworn
6 verification of the claim to the best of his or her
7 knowledge.    
8        (2) A full description, supported by appropriate
9 evidence from government agencies, of the release of the
10 radioactivity claimed to be the cause of the physical
11 injury, illness, loss of income or property damage.    
12        (3) If making a claim based upon physical injury or
13 illness, certification of the medical history of the
14 claimant for the 5 years preceding the date of the claim,
15 along with certification of the alleged physical injury or
16 illness, and expenses for the physical injury or illness,
17 made by hospitals, physicians or other qualified medical
18 authorities.    
19        (4) If making a claim for lost income, information on
20 the claimant's income as reported on his or her federal
21 income tax return or other document for the preceding 3
22 years in order to compute lost wages or income.
23    (b) The Agency shall hold at least one hearing, if
24requested by the claimant, within 60 days of submission of a
25claim to the Agency. The Director shall render a decision on a
26claim within 30 days of the hearing unless all of the parties

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1to the claim agree in writing to an extension of time. All
2decisions rendered by the Director shall be in writing, with
3notification to all appropriate parties. The decision shall be
4considered a final administrative decision for the purposes of
5judicial review.
6    (c) The following losses shall be compensable under this
7Section, provided that the Agency has found that the claimant
8has established, by the weight of the evidence, that the
9losses were proximately caused by the designated release and
10are not otherwise compensable under law:    
11        (1) One hundred percent of uninsured, out-of-pocket
12 medical expenses, for up to 3 years from the onset of
13 treatment;    
14        (2) Eighty percent of any uninsured, actual lost
15 wages, or business income in lieu of wages, caused by
16 injury to the claimant or the claimant's property, not to
17 exceed $15,000 per year for 3 years;    
18        (3) Eighty percent of any losses or damages to real or
19 personal property; and    
20        (4) One hundred percent of costs of any remedial
21 actions on such property necessary to protect human health
22 and the environment.
23    (d) No claim may be presented to the Agency under this
24Section later than 5 years from the date of discovery of the
25damage or loss.
26    (e) Compensation for any damage or loss under this Section

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1shall preclude indemnification or reimbursement from any other
2source for the identical damage or loss, and indemnification
3or reimbursement from any other source shall preclude
4compensation under this Section.
5    (f) The Agency shall adopt, and revise when appropriate,
6rules and regulations necessary to implement the provisions of
7this Section, including methods that provide for establishing
8that a claimant has exercised reasonable diligence in
9satisfying the conditions of the application requirements, for
10specifying the proof necessary to establish a damage or loss
11compensable under this Section and for establishing the
12administrative procedures to be followed in reviewing claims.
13    (g) Claims approved by the Director shall be paid from the
14Low-Level Radioactive Waste Facility Development and Operation    
15Closure, Post-Closure Care and Compensation Fund, except that
16claims shall not be paid in excess of the amount available in
17the Fund. In the case of insufficient amounts in the Fund to
18satisfy claims against the Fund, the General Assembly may
19appropriate monies to the Fund in amounts it deems necessary
20to pay the claims.
21(Source: P.A. 95-777, eff. 8-4-08; 96-328, eff. 8-11-09.)
22    (420 ILCS 20/17)    (from Ch. 111 1/2, par. 241-17)
23    Sec. 17. Penalties.
24    (a) Any person operating any facility in violation of
25Section 8 shall be subject to a civil penalty not to exceed

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1$100,000 per day of violation.
2    (b) Any person failing to pay the fees provided for in
3Section 13 shall be liable to a civil penalty not to exceed 4
4times the amount of the fees not paid.
5    (c) At the request of the Agency, the civil penalties
6shall be recovered in an action brought by the Attorney
7General on behalf of the State in the circuit court in which
8the violation occurred. All amounts collected from fines under
9this Section shall be deposited into in the Low-Level
10Radioactive Waste Facility Development and Operation Closure,
11Post-Closure Care and Compensation Fund.
12(Source: P.A. 95-777, eff. 8-4-08.)
13    (420 ILCS 20/21)    (from Ch. 111 1/2, par. 241-21)
14    Sec. 21. Shared Liability. Any state which enacts the
15Central Midwest Interstate Low-Level Radioactive Waste Compact
16and has as its resident a generator shall be liable for the
17cost of post-closure care in excess of funds available from
18the Low-Level Radioactive Waste Facility Development and
19Operation Closure, Post-Closure Care and Compensation Fund or
20from any liability insurance or other means of establishing
21financial responsibility in an amount sufficient to provide
22for any necessary corrective actions or liabilities arising
23during the period of post-closure care. The extent of such
24liability shall not be in excess of the prorated share of the
25volume of waste placed in the facility by the generators of

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1each state which has enacted the Central Midwest Interstate
2Low-Level Radioactive Waste Compact. However, this Section
3shall not apply to a party state with a total volume of waste
4recorded on low-level radioactive waste manifests for any year
5that is less than 10 percent of the total volume recorded on
6such manifests for the region during the same year.
7(Source: P.A. 84-1406.)
8    Section 30-140. The Radioactive Waste Tracking and
9Permitting Act is amended by changing Section 15 as follows:
10    (420 ILCS 37/15)
11    Sec. 15. Permit requirements for the storage, treatment,
12and disposal of waste at a disposal facility.
13    (a) Upon adoption of regulations under subsection (c) of
14this Section, no person shall deposit any low-level
15radioactive waste at a storage, treatment, or disposal
16facility in Illinois licensed under Section 8 of the Illinois
17Low-Level Radioactive Waste Management Act without a permit
18granted by the Agency.
19    (b) Upon adoption of regulations under subsection (c) of
20this Section, no person shall operate a storage, treatment, or
21disposal facility licensed under Section 8 of the Illinois
22Low-Level Radioactive Waste Management Act without a permit
23granted by the Agency.
24    (c) The Agency shall adopt regulations providing for the

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1issuance, suspension, and revocation of permits required under
2subsections (a) and (b) of this Section. The regulations may
3provide a system for tracking low-level radioactive waste to
4ensure that waste that other states are responsible for
5disposing of under federal law does not become the
6responsibility of the State of Illinois. The regulations shall
7be consistent with the Federal Hazardous Materials
8Transportation Act.
9    (d) The Agency may enter into a contract or contracts for
10operation of the system for tracking low-level radioactive
11waste as provided in subsection (c) of this Section.
12    (e) A person who violates this Section or any regulation
13promulgated under this Section shall be subject to a civil
14penalty, not to exceed $10,000, for each violation. Each day a
15violation continues shall constitute a separate offense. A
16person who fails to pay a civil penalty imposed by a regulation
17adopted under this Section, or any portion of the penalty, is
18liable in a civil action in an amount not to exceed 4 times the
19amount imposed and not paid. At the request of the Agency, the
20Attorney General shall, on behalf of the State, bring an
21action for the recovery of any civil penalty provided for by
22this Section. Any civil penalties so recovered shall be
23deposited into in the Low-Level Radioactive Waste Facility
24Development and Operation Closure, Post-Closure Care and
25Compensation Fund.
26(Source: P.A. 103-569, eff. 6-1-24.)

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1    Section 30-145. The Humane Care for Animals Act is amended
2by changing Section 16.4 as follows:
3    (510 ILCS 70/16.4)
4    Sec. 16.4. Illinois Animal Abuse Fund. The Illinois Animal
5Abuse Fund is created as a special fund in the State treasury.
6Moneys in the Fund may be used, subject to appropriation, by
7the Department of Agriculture to investigate animal abuse and
8neglect under this Act. On June 30, 2026, or as soon thereafter
9as practical, the State Comptroller shall direct and the State
10Treasurer shall transfer the remaining balance from the
11Illinois Animal Abuse Fund into the Livestock Management
12Facilities Fund. Upon completion of the transfer, the Illinois
13Animal Abuse Fund is dissolved, and any future deposits due to
14that Fund and any outstanding obligations or liabilities of
15that Fund shall pass to the Livestock Management Facilities
16Fund. This Section is repealed on January 1, 2027.    
17(Source: P.A. 92-454, eff. 1-1-02.)
18    Section 30-150. The Habitat Endowment Act is amended by
19changing Sections 5, 15, and 30 as follows:
20    (520 ILCS 25/5)
21    Sec. 5. Definitions. As used in this Act:
22    "Department" means the Department of Natural Resources.

10400HB1075sam003- 469 -LRB104 03072 JDS 27160 a
1    "Director" means the Director of Natural Resources.
2    "Illinois Habitat Fund" means a special fund in the State
3Treasury entitled the Illinois Habitat Fund created in Section
415 of this Act.
5    "Trust Fund" means the Illinois Habitat Endowment Trust
6Fund created in Section 15 of this Act.
7(Source: P.A. 89-445, eff. 2-7-96.)
8    (520 ILCS 25/15)
9    Sec. 15. The Illinois Habitat Fund and the Illinois
10Habitat Endowment Trust Fund.
11    (a) There is established in the State treasury a special
12fund entitled the Illinois Habitat Fund. The moneys in this
13fund shall be used, subject pursuant to appropriation,
14exclusively by the Department for the preservation and
15maintenance of high quality habitat lands. The Illinois
16Habitat Fund shall be financed through transfers of investment
17income earned by the Illinois Habitat Endowment Trust Fund
18created in this Section, deposits of fees from the sale of
19State Habitat Stamps and artwork as provided for in the
20Wildlife Code, and revenue derived from the sale of Sportsmen
21Series license plates. The Department may accept, from all
22sources, contributions, grants, gifts, bequests, legacies of
23money, and securities to be deposited into the Illinois
24Habitat Fund. All interest earned and accrued from moneys in    
25deposited into the Illinois Habitat Fund shall be deposited

10400HB1075sam003- 470 -LRB104 03072 JDS 27160 a
1monthly by the State Treasurer into the Illinois Habitat Fund.
2    (b) The Illinois Habitat Endowment Trust Fund is created
3as a trust fund in the State treasury. The Trust Fund shall be
4financed by a combination of private donations and transfers
5or deposits from the Park and Conservation Fund or any other
6fund authorized by law. The Department may accept, from all
7sources, contributions, grants, gifts, bequests, legacies of
8money, and securities to be deposited into the Trust Fund. All
9deposits shall become part of the Trust Fund corpus. Moneys in
10the Trust Fund are not subject to appropriation and shall be
11used solely to provide financing to the Illinois Habitat Fund.
12All gifts, grants, assets, funds, or moneys received by the
13Department under this Act shall be deposited and held by the
14State Treasurer as ex officio custodian thereof, separate and
15apart from all public moneys or funds of this State in a trust
16fund established in accordance with State law, and shall be
17administered by the Director exclusively for the purposes set
18forth in this Act. All moneys in the Trust Fund are to be
19invested and reinvested by the State Treasurer. All interest
20accruing from these investments shall be deposited into in the
21Trust Fund. Notwithstanding any other provision of law, in
22addition to any other transfers that may be provided by law, on
23July 1, 2025, or as soon thereafter as practical, the State
24Comptroller shall direct and the State Treasurer shall
25transfer the remaining balance from the Illinois Habitat
26Endowment Trust Fund into the Illinois Habitat Fund. Upon

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1completion of the transfer, the Illinois Habitat Endowment
2Trust Fund is dissolved, and any future deposits due to that
3Fund and any outstanding obligations or liabilities of that
4Fund pass to the Illinois Habitat Fund.    
5(Source: P.A. 89-611, eff. 1-1-97.)
6    (520 ILCS 25/30)
7    Sec. 30. Advisory Committee. The Illinois Habitat Fund
8Advisory Committee is created. The purpose of the Committee is
9to advise the Director on the use of funds from the Illinois
10Habitat Fund and on other matters pertaining to the purposes
11of this Act. The Committee shall consist of: (1) the Chief of
12Wildlife Resources Division or his designee, (2) the Chief of
13the Land Management Division or his designee, (3) 3 or more
14representatives from statewide conservation organizations
15appointed by the Director, (4) one person who is a landowner in
16the State of Illinois and who is not affiliated with any other
17group or organization with representation on the Committee,
18and (5) 3 or more representatives appointed by the Director
19who are from nonprofit institutions, corporations, or
20universities within the State and actively involved in habitat
21conservation, enhancement, or restoration. The Committee shall
22review and recommend all allocation of funds from the Illinois    
23State Habitat Fund, with the exception of revenue derived from
24the sale of Sportsmen Series license plates. Members of the
25Committee shall serve without compensation, but expenses

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1incurred in the performance of their duties shall be
2reimbursed by the Department. The Committee shall initiate the
3performance of its duties at the time the corpus of the Habitat
4Endowment Trust Fund attains a level of $10 million.
5(Source: P.A. 89-611, eff. 1-1-97.)
6    (520 ILCS 25/20 rep.)
7    Section 30-155. The Habitat Endowment Act is amended by
8repealing Section 20.
9    Section 30-160. The Illinois Aeronautics Act is amended by
10changing Section 34b as follows:
11    (620 ILCS 5/34b)
12    Sec. 34b. Airport Land Loan Program.
13    (a) The Department may make loans to public airport owners
14for the purchase of any real estate interests as may be needed
15for essential airport purposes, including future needs,
16subject to the following conditions:    
17        (1) loans may be made only to public airport owners
18 that are operating an airport as of January 1, 1999; and    
19        (2) loans may not be made for airports that provide
20 scheduled commercial air service in counties of greater
21 than 5,000,000 population.
22    The loans are payable from the Airport Land Loan Revolving
23Fund, subject to appropriation. All repayments of loans made

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1pursuant to this Section, including interest thereon and
2penalties, shall be deposited into in the Airport Land Loan
3Revolving Fund. The Treasurer shall deposit all investment
4earnings arising from balances in the Airport Land Loan
5Revolving Fund in that Fund.
6    (b) All loans under this Section shall be made by contract
7between the Department and the public airport owner, which
8contract shall include the following provisions:    
9        (1) The annual rate of interest shall be the lesser of
10 (A) 2 percent below the Prime Rate charged by banks, as
11 published by the Federal Reserve Board, in effect at the
12 time the Department approves the loan, or (B) a rate
13 determined by the Department, after consultation with the
14 Governor's Office of Management and Budget, that will not
15 adversely affect the tax-exempt status of interest on the
16 bonds of the State issued in whole or in part to make
17 deposits into the Airport Land Loan Revolving Fund, nor
18 diminish the benefit to the State of the tax-exempt status
19 of the interest on such bonds.    
20        (2) The term of any loan shall not exceed 5 five years,
21 but it may be for less by mutual agreement.    
22        (3) Loan payments shall be scheduled in equal amounts
23 for the periods determined under paragraph (4) of this
24 Section. The loan payments shall be calculated so that the
25 loan is completely repaid, with interest, on outstanding
26 balances, by the end of the term determined under

10400HB1075sam003- 474 -LRB104 03072 JDS 27160 a
1 paragraph (2) of this Section. There shall be no penalty
2 for early payment ahead of the payment schedule.    
3        (4) The period of loan payments shall be annual,
4 unless by mutual agreement a period of less than one year
5 is chosen.    
6        (5) The loan shall be secured with the land purchased,
7 in whole or in part, with the loan and considered as
8 collateral. The public airport owner shall assign a first
9 priority interest in the property to the State.    
10        (6) If the loan payment is not made within 15 days
11 after the scheduled date determined under paragraph (3) of
12 this Section, a penalty of 10% of the payment shall be
13 assessed. If 30 days after the scheduled payment date no
14 payment has been received, the loan shall be considered in
15 default.    
16        (7) As soon as a loan is considered in default, the
17 Department shall notify the public airport owner and
18 attempt to enter into a renegotiation of the loan payment
19 amounts and schedule determined under paragraph (3) of
20 this Section. In no case shall the term of the loan be
21 extended beyond the initial term determined under
22 paragraph (2) of this Section; nor shall the interest rate
23 be lowered nor any interest be forgiven. If a
24 renegotiation of loan payment amounts and schedule is
25 obtained to the Department's satisfaction within 30 days
26 of notification of default, then the new payment schedule

10400HB1075sam003- 475 -LRB104 03072 JDS 27160 a
1 shall replace the one determined by paragraph (3) of this
2 Section and shall be used to measure compliance with the
3 loan for purposes of default. If after 30 days of
4 notification of default the Department has not obtained a
5 renegotiation to its satisfaction, the Department shall
6 declare the loan balance due and payable immediately. If
7 the public airport owner cannot immediately pay the
8 balance of the loan, the Department shall proceed to
9 foreclose.
10    (c) The Department may promulgate any rules that it finds
11appropriate to implement this Airport Land Loan Program.
12    (d) The Airport Land Loan Revolving Fund is created in the
13State Treasury.
14    (e) On July 1, 2025, or as soon thereafter as practical,
15the State Comptroller shall direct and the State Treasurer
16shall transfer the remaining balance from the Airport Land
17Loan Revolving Fund into the General Obligation Bond
18Retirement and Interest Fund. Upon completion of the transfer,
19the Airport Land Loan Revolving Fund is dissolved.
20    (f) This Section is repealed on January 1, 2026.    
21(Source: P.A. 94-793, eff. 5-19-06.)
22    Section 30-165. The Illinois Vehicle Code is amended by
23changing Sections 3-643, 3-684, 3-690, 3-699.14, and 11-501.01
24as follows:

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1    (625 ILCS 5/3-643)
2    Sec. 3-643. Mammogram license plates.
3    (a) The Secretary, upon receipt of an application made in
4the form prescribed by the Secretary, may issue special
5registration plates designated as Mammogram license plates.
6The special plates issued under this Section shall be affixed
7only to passenger vehicles of the first division, motorcycles,
8autocycles, and motor vehicles of the second division weighing
9not more than 8,000 pounds. Plates issued under this Section
10shall expire according to the multi-year procedure established
11by Section 3-414.1 of this Code.
12    (b) The design and color of the plates is wholly within the
13discretion of the Secretary, except that the phrase
14"Mammograms Save Lives" shall be on the plates. The Secretary
15may allow the plates to be issued as vanity plates or
16personalized under Section 3-405.1 of the Code. The Secretary
17shall prescribe stickers or decals as provided under Section
183-412 of this Code.
19    (c) An applicant for the special plate shall be charged a
20$25 fee for original issuance in addition to the appropriate
21registration fee. Of this fee, $10 shall be deposited into the
22Mammogram Fund and $15 shall be deposited into the Secretary
23of State Special License Plate Fund, to be used by the
24Secretary to help defray the administrative processing costs.
25    For each registration renewal period, a $25 fee, in
26addition to the appropriate registration fee, shall be

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1charged. Of this fee, $23 shall be deposited into the
2Mammogram Fund and $2 shall be deposited into the Secretary of
3State Special License Plate Fund.
4    (d) The Mammogram Fund is created as a special fund in the
5State treasury. All money in the Mammogram Fund shall be paid,
6subject to appropriation by the General Assembly and
7distribution by the Illinois Department of Public Health for ,
8to the Illinois Breast and Cervical Cancer Program for patient
9navigation services specifically for populations with the
10highest rates of breast cancer mortality in the State.
11(Source: P.A. 102-967, eff. 1-1-23; 103-843, eff. 1-1-25.)
12    (625 ILCS 5/3-684)
13    Sec. 3-684. Illinois EMS Memorial Scholarship and Training
14license plate.
15    (a) The Secretary, upon receipt of an application made in
16the form prescribed by the Secretary of State, may issue
17special registration plates designated to be Illinois EMS
18Memorial Scholarship and Training license plates. The special
19plates issued under this Section shall be affixed only to
20passenger vehicles of the first division, motorcycles,
21autocycles, motor vehicles of the second division weighing not
22more than 8,000 pounds, recreational vehicles as defined in
23Section 1-169 of this Code, and subject to the staggered
24registration system. Plates issued under this Section shall
25expire according to the multi-year procedure established by

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1Section 3-414.1 of this Code.
2    (b) The design and color of the plates shall be wholly
3within the discretion of the Secretary of State. The Secretary
4of State may, in his or her discretion, allow the plates to be
5issued as vanity plates or personalized in accordance with
6Section 3-405.1 of this Code. The plates are not required to
7designate "Land of Lincoln", as prescribed in subsection (b)
8of Section 3-412 of this Code. The Secretary of State shall
9prescribe stickers or decals as provided under Section 3-412.
10    (c) An applicant shall be charged a $27 fee for original
11issuance in addition to the applicable registration fee. Of
12this additional fee, $15 shall be deposited into the Secretary
13of State Special License Plate Fund and $12 shall be deposited
14into the Illinois EMS Memorial Scholarship and Training Fund.
15For each registration renewal period, a $17 fee, in addition
16to the appropriate registration fee, shall be charged. Of this
17fee, $2 shall be deposited into the Secretary of State Special
18License Plate Fund and $15 shall be deposited into the
19Illinois EMS Memorial Scholarship and Training Fund.
20    (d) The Illinois EMS Memorial Scholarship and Training
21Fund is created as a special fund in the State treasury. All
22money in the Illinois EMS Memorial Scholarship and Training
23Fund shall, subject to appropriation by the General Assembly
24and distribution by the Secretary of State, as grants to the
25EMS Memorial Scholarship and Training Council, a
26not-for-profit corporation, for the purposes (i) of providing

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1scholarships for graduate study, undergraduate study, or both,
2to children and spouses of emergency medical services (EMS)
3personnel killed in the course of their employment, and (ii)
4for grants for the training of EMS personnel.
5    (e) On July 1, 2025, or as soon thereafter as practical,
6the State Comptroller shall direct and the State Treasurer
7shall transfer the remaining balance from the Illinois EMS
8Memorial Scholarship and Training Fund into the Secretary of
9State Special License Plate Fund. Upon completion of the
10transfer, the Illinois EMS Memorial Scholarship and Training
11Fund is dissolved, and any future deposits due to that Fund and
12any outstanding obligations or liabilities of that Fund shall
13pass to the Secretary of State Special License Plate Fund.
14    (f) This Section is repealed on January 1, 2026.    
15(Source: P.A. 103-843, eff. 1-1-25.)
16    (625 ILCS 5/3-690)
17    Sec. 3-690. St. Jude Children's Research Hospital Plates.
18    (a) In addition to any other special license plate, the
19Secretary, upon receipt of all applicable fees and
20applications made in the form prescribed by the Secretary of
21State, may issue St. Jude Children's Research Hospital license
22plates. The special St. Jude Children's Research Hospital
23plate issued under this Section shall be affixed only to
24passenger vehicles of the first division, motorcycles,
25autocycles, and motor vehicles of the second division weighing

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1not more than 8,000 pounds. Plates issued under this Section
2shall expire according to the staggered multi-year procedure
3established by Section 3-414.1 of this Code.
4    (b) The design, color, and format of the plates shall be
5wholly within the discretion of the Secretary of State.
6Appropriate documentation, as determined by the Secretary,
7must accompany each application. The Secretary, in his or her
8discretion, shall approve and prescribe stickers or decals as
9provided under Section 3-412.
10    (c) An applicant for the special plate shall be charged a
11$40 fee for original issuance in addition to the appropriate
12registration fee. Of this fee, $25 shall be deposited into the
13St. Jude Children's Research Fund and $15 shall be deposited
14into the Secretary of State Special License Plate Fund, to be
15used by the Secretary to help defray the administrative
16processing costs. For each registration renewal period, a $27
17fee, in addition to the appropriate registration fee, shall be
18charged. Of this fee, $25 shall be deposited into the St. Jude
19Children's Research Fund and $2 shall be deposited into the
20Secretary of State Special License Plate Fund.
21    (d) The St. Jude Children's Research Fund is created as a
22special fund in the State treasury. All money in the St. Jude
23Children's Research Fund shall be paid, subject to
24appropriation by the General Assembly and distribution by the
25Secretary, as grants to St. Jude Children's Research Hospital
26for pediatric treatment and research. All interest earned on

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1moneys in the Fund shall be deposited into the Fund. The Fund
2shall not be subject to administrative charges or chargebacks,
3such as but not limited to those authorized under Section 8h of
4the State Finance Act.
5    (e) On July 1, 2025, or as soon thereafter as practical,
6the State Comptroller shall direct and the State Treasurer
7shall transfer the remaining balance from the St. Jude
8Children's Research Fund into the Secretary of State Special
9License Plate Fund. Upon completion of the transfer, the St.
10Jude Children's Research Fund is dissolved, and any future
11deposits due to that Fund and any outstanding obligations or
12liabilities of that Fund shall pass to the Secretary of State
13Special License Plate Fund.
14    (f) This Section is repealed on January 1, 2026.    
15(Source: P.A. 103-843, eff. 1-1-25.)
16    (625 ILCS 5/3-699.14)
17    Sec. 3-699.14. Universal special license plates.
18    (a) In addition to any other special license plate, the
19Secretary, upon receipt of all applicable fees and
20applications made in the form prescribed by the Secretary, may
21issue Universal special license plates to residents of
22Illinois on behalf of organizations that have been authorized
23by the General Assembly to issue decals for Universal special
24license plates. Appropriate documentation, as determined by
25the Secretary, shall accompany each application. Authorized

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1organizations shall be designated by amendment to this
2Section. When applying for a Universal special license plate
3the applicant shall inform the Secretary of the name of the
4authorized organization from which the applicant will obtain a
5decal to place on the plate. The Secretary shall make a record
6of that organization and that organization shall remain
7affiliated with that plate until the plate is surrendered,
8revoked, or otherwise canceled cancelled. The authorized
9organization may charge a fee to offset the cost of producing
10and distributing the decal, but that fee shall be retained by
11the authorized organization and shall be separate and distinct
12from any registration fees charged by the Secretary. No decal,
13sticker, or other material may be affixed to a Universal
14special license plate other than a decal authorized by the
15General Assembly in this Section or a registration renewal
16sticker. The special plates issued under this Section shall be
17affixed only to passenger vehicles of the first division,
18including motorcycles and autocycles, or motor vehicles of the
19second division weighing not more than 8,000 pounds. Plates
20issued under this Section shall expire according to the
21multi-year procedure under Section 3-414.1 of this Code.
22    (b) The design, color, and format of the Universal special
23license plate shall be wholly within the discretion of the
24Secretary. Universal special license plates are not required
25to designate "Land of Lincoln", as prescribed in subsection
26(b) of Section 3-412 of this Code. The design shall allow for

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1the application of a decal to the plate. Organizations
2authorized by the General Assembly to issue decals for
3Universal special license plates shall comply with rules
4adopted by the Secretary governing the requirements for and
5approval of Universal special license plate decals. The
6Secretary may, in his or her discretion, allow Universal
7special license plates to be issued as vanity or personalized
8plates in accordance with Section 3-405.1 of this Code. The
9Secretary of State must make a version of the special
10registration plates authorized under this Section in a form
11appropriate for motorcycles and autocycles.
12    (c) When authorizing a Universal special license plate,
13the General Assembly shall set forth whether an additional fee
14is to be charged for the plate and, if a fee is to be charged,
15the amount of the fee and how the fee is to be distributed.
16When necessary, the authorizing language shall create a
17special fund in the State treasury into which fees may be
18deposited for an authorized Universal special license plate.
19Additional fees may only be charged if the fee is to be paid
20over to a State agency or to a charitable entity that is in
21compliance with the registration and reporting requirements of
22the Charitable Trust Act and the Solicitation for Charity Act.
23Any charitable entity receiving fees for the sale of Universal
24special license plates shall annually provide the Secretary of
25State a letter of compliance issued by the Attorney General
26verifying that the entity is in compliance with the Charitable

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1Trust Act and the Solicitation for Charity Act.
2    (d) Upon original issuance and for each registration
3renewal period, in addition to the appropriate registration
4fee, if applicable, the Secretary shall collect any additional
5fees, if required, for issuance of Universal special license
6plates. The fees shall be collected on behalf of the
7organization designated by the applicant when applying for the
8plate. All fees collected shall be transferred to the State
9agency on whose behalf the fees were collected, or paid into
10the special fund designated in the law authorizing the
11organization to issue decals for Universal special license
12plates. All money in the designated fund shall be distributed
13by the Secretary subject to appropriation by the General
14Assembly.
15    (e) The following organizations may issue decals for
16Universal special license plates with the original and renewal
17fees and fee distribution as follows:
18        (1) The Illinois Department of Natural Resources.
19            (A) Original issuance: $25; with $10 to the
20 Roadside Monarch Habitat Fund and $15 to the Secretary
21 of State Special License Plate Fund.
22            (B) Renewal: $25; with $23 to the Roadside Monarch
23 Habitat Fund and $2 to the Secretary of State Special
24 License Plate Fund.
25        (2) Illinois Veterans' Homes.
26            (A) Original issuance: $26, which shall be

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1 deposited into the Illinois Veterans' Homes Fund.
2            (B) Renewal: $26, which shall be deposited into
3 the Illinois Veterans' Homes Fund.
4        (3) The Illinois Department of Human Services for
5 volunteerism decals.
6            (A) Original issuance: $25, which shall be
7 deposited into the Secretary of State Special License
8 Plate Fund.
9            (B) Renewal: $25, which shall be deposited into
10 the Secretary of State Special License Plate Fund.
11        (4) The Illinois Department of Public Health.
12            (A) Original issuance: $25; with $10 to the
13 Prostate Cancer Awareness Fund and $15 to the
14 Secretary of State Special License Plate Fund.
15            (B) Renewal: $25; with $23 to the Prostate Cancer
16 Awareness Fund and $2 to the Secretary of State
17 Special License Plate Fund.
18        (5) Horsemen's Council of Illinois.
19            (A) Original issuance: $25; with $10 to the
20 Horsemen's Council of Illinois Fund and $15 to the
21 Secretary of State Special License Plate Fund.
22            (B) Renewal: $25; with $23 to the Horsemen's
23 Council of Illinois Fund and $2 to the Secretary of
24 State Special License Plate Fund.
25        (6) K9s for Veterans, NFP.
26            (A) Original issuance: $25; with $10 to the

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1 Post-Traumatic Stress Disorder Awareness Fund and $15
2 to the Secretary of State Special License Plate Fund.
3            (B) Renewal: $25; with $23 to the Post-Traumatic
4 Stress Disorder Awareness Fund and $2 to the Secretary
5 of State Special License Plate Fund.
6        (7) The International Association of Machinists and
7 Aerospace Workers.
8            (A) Original issuance: $35; with $20 to the Guide
9 Dogs of America Fund and $15 to the Secretary of State
10 Special License Plate Fund.
11            (B) Renewal: $25; with $23 going to the Guide Dogs
12 of America Fund and $2 to the Secretary of State
13 Special License Plate Fund.
14        (8) Local Lodge 701 of the International Association
15 of Machinists and Aerospace Workers.
16            (A) Original issuance: $35; with $10 to the Guide
17 Dogs of America Fund, $10 to the Mechanics Training
18 Fund, and $15 to the Secretary of State Special
19 License Plate Fund.
20            (B) Renewal: $30; with $13 to the Guide Dogs of
21 America Fund, $15 to the Mechanics Training Fund, and
22 $2 to the Secretary of State Special License Plate
23 Fund.
24        (9) Illinois Department of Human Services.
25            (A) Original issuance: $25; with $10 to the
26 Theresa Tracy Trot - Illinois CancerCare Foundation

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1 Fund and $15 to the Secretary of State Special License
2 Plate Fund.
3            (B) Renewal: $25; with $23 to the Theresa Tracy
4 Trot - Illinois CancerCare Foundation Fund and $2 to
5 the Secretary of State Special License Plate Fund.
6        (10) The Illinois Department of Human Services for
7 developmental disabilities awareness decals.
8            (A) Original issuance: $25; with $10 to the
9 Developmental Disabilities Awareness Fund and $15 to
10 the Secretary of State Special License Plate Fund.
11            (B) Renewal: $25; with $23 to the Developmental
12 Disabilities Awareness Fund and $2 to the Secretary of
13 State Special License Plate Fund.
14        (11) The Illinois Department of Human Services for
15 pediatric cancer awareness decals.
16            (A) Original issuance: $25; with $10 to the
17 Pediatric Cancer Awareness Fund and $15 to the
18 Secretary of State Special License Plate Fund.
19            (B) Renewal: $25; with $23 to the Pediatric Cancer
20 Awareness Fund and $2 to the Secretary of State
21 Special License Plate Fund.
22        (12) The Department of Veterans' Affairs for Fold of
23 Honor decals.
24            (A) Original issuance: $25; with $10 to the Folds
25 of Honor Foundation Fund and $15 to the Secretary of
26 State Special License Plate Fund.

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1            (B) Renewal: $25; with $23 to the Folds of Honor
2 Foundation Fund and $2 to the Secretary of State
3 Special License Plate Fund.
4        (13) The Illinois chapters of the Experimental
5 Aircraft Association for aviation enthusiast decals.
6            (A) Original issuance: $25; with $10 to the
7 Experimental Aircraft Association Fund and $15 to the
8 Secretary of State Special License Plate Fund.
9            (B) Renewal: $25; with $23 to the Experimental
10 Aircraft Association Fund and $2 to the Secretary of
11 State Special License Plate Fund.
12        (14) The Illinois Department of Human Services for
13 Child Abuse Council of the Quad Cities decals.
14            (A) Original issuance: $25; with $10 to the Child
15 Abuse Council of the Quad Cities Fund and $15 to the
16 Secretary of State Special License Plate Fund.
17            (B) Renewal: $25; with $23 to the Child Abuse
18 Council of the Quad Cities Fund and $2 to the Secretary
19 of State Special License Plate Fund.
20        (15) The Illinois Department of Public Health for
21 health care worker decals.
22            (A) Original issuance: $25; with $10 to the
23 Illinois Health Care Workers Benefit Fund, and $15 to
24 the Secretary of State Special License Plate Fund.
25            (B) Renewal: $25; with $23 to the Illinois Health
26 Care Workers Benefit Fund and $2 to the Secretary of

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1 State Special License Plate Fund.
2        (16) The Department of Agriculture for Future Farmers
3 of America decals.
4            (A) Original issuance: $25; with $10 to the Future
5 Farmers of America Fund and $15 to the Secretary of
6 State Special License Plate Fund.
7            (B) Renewal: $25; with $23 to the Future Farmers
8 of America Fund and $2 to the Secretary of State
9 Special License Plate Fund.
10        (17) The Illinois Department of Public Health for
11 autism awareness decals that are designed with input from
12 autism advocacy organizations.
13            (A) Original issuance: $25; with $10 to the Autism
14 Awareness Fund and $15 to the Secretary of State
15 Special License Plate Fund.
16            (B) Renewal: $25; with $23 to the Autism Awareness
17 Fund and $2 to the Secretary of State Special License
18 Plate Fund.
19        (18) The Department of Natural Resources for Lyme
20 disease research decals.
21            (A) Original issuance: $25; with $10 to the Tick
22 Research, Education, and Evaluation Fund and $15 to
23 the Secretary of State Special License Plate Fund.
24            (B) Renewal: $25; with $23 to the Tick Research,
25 Education, and Evaluation Fund and $2 to the Secretary
26 of State Special License Plate Fund.

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1        (19) The IBEW Thank a Line Worker decal.
2            (A) Original issuance: $15, which shall be
3 deposited into the Secretary of State Special License
4 Plate Fund.
5            (B) Renewal: $2, which shall be deposited into the
6 Secretary of State Special License Plate Fund.
7        (20) An Illinois chapter of the Navy Club for Navy
8 Club decals.
9            (A) Original issuance: $5; which shall be
10 deposited into the Navy Club Fund.
11            (B) Renewal: $18; which shall be deposited into
12 the Navy Club Fund.
13        (21) (20) An Illinois chapter of the International
14 Brotherhood of Electrical Workers for International
15 Brotherhood of Electrical Workers decal.
16            (A) Original issuance: $25; with $10 to the
17 International Brotherhood of Electrical Workers Fund
18 and $15 to the Secretary of State Special License
19 Plate Fund.
20            (B) Renewal: $25; with $23 to the International
21 Brotherhood of Electrical Workers Fund and $2 to the
22 Secretary of State Special License Plate Fund.
23        (22) (20) The 100 Club of Illinois decal.
24            (A) Original issuance: $45; with $30 to the 100
25 Club of Illinois Fund and $15 to the Secretary of State
26 Special License Plate Fund.

10400HB1075sam003- 491 -LRB104 03072 JDS 27160 a
1            (B) Renewal: $27; with $25 to the 100 Club of
2 Illinois Fund and $2 to the Secretary of State Special
3 License Plate Fund.
4        (23) (20) The Illinois USTA/Midwest Youth Tennis
5 Foundation decal.
6            (A) Original issuance: $40; with $25 to the
7 Illinois USTA/Midwest Youth Tennis Foundation Fund and
8 $15 to the Secretary of State Special License Plate
9 Fund.
10            (B) Renewal: $40; with $38 to the Illinois
11 USTA/Midwest Youth Tennis Foundation Fund and $2 to
12 the Secretary of State Special License Plate Fund.
13        (24) (20) The Sons of the American Legion decal.
14            (A) Original issuance: $25; with $10 to the Sons
15 of the American Legion Fund and $15 to the Secretary of
16 State Special License Plate Fund.
17            (B) Renewal: $25; with $23 to the Sons of the
18 American Legion Fund and $2 to the Secretary of State
19 Special License Plate Fund.
20    (f) The following funds are created as special funds in
21the State treasury:
22        (1) The Roadside Monarch Habitat Fund. All money in
23 the Roadside Monarch Habitat Fund shall be paid as grants
24 by to the Illinois Department of Natural Resources to fund
25 roadside monarch and other pollinator habitat development,
26 enhancement, and restoration projects in this State.

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1        (2) The Prostate Cancer Awareness Fund. All money in
2 the Prostate Cancer Awareness Fund shall be paid as grants
3 to the Prostate Cancer Foundation of Chicago.
4        (3) The Horsemen's Council of Illinois Fund. All money
5 in the Horsemen's Council of Illinois Fund shall be paid
6 as grants to the Horsemen's Council of Illinois.
7        (4) The Post-Traumatic Stress Disorder Awareness Fund.
8 All money in the Post-Traumatic Stress Disorder Awareness
9 Fund shall be paid as grants to K9s for Veterans, NFP for
10 support, education, and awareness of veterans with
11 post-traumatic stress disorder.
12        (5) The Guide Dogs of America Fund. All money in the
13 Guide Dogs of America Fund shall be paid as grants to the
14 International Guiding Eyes, Inc., doing business as Guide
15 Dogs of America.
16        (6) The Mechanics Training Fund. All money in the
17 Mechanics Training Fund shall be paid as grants to the
18 Mechanics Local 701 Training Fund.
19        (7) The Theresa Tracy Trot - Illinois CancerCare
20 Foundation Fund. All money in the Theresa Tracy Trot -
21 Illinois CancerCare Foundation Fund shall be paid to the
22 Illinois CancerCare Foundation for the purpose of
23 furthering pancreatic cancer research.
24        (8) The Developmental Disabilities Awareness Fund. All
25 money in the Developmental Disabilities Awareness Fund
26 shall be paid as grants to the Illinois Department of

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1 Human Services to fund legal aid groups to assist with
2 guardianship fees for private citizens willing to become
3 guardians for individuals with developmental disabilities
4 but who are unable to pay the legal fees associated with
5 becoming a guardian.
6        (9) The Pediatric Cancer Awareness Fund. All money in
7 the Pediatric Cancer Awareness Fund shall be paid as
8 grants to the Cancer Center at Illinois for pediatric
9 cancer treatment and research.
10        (10) The Folds of Honor Foundation Fund. All money in
11 the Folds of Honor Foundation Fund shall be paid as grants
12 to the Folds of Honor Foundation to aid in providing
13 educational scholarships to military families.
14        (11) The Experimental Aircraft Association Fund. All
15 money in the Experimental Aircraft Association Fund shall
16 be paid, subject to appropriation by the General Assembly
17 and distribution by the Secretary, as grants to promote
18 recreational aviation.
19        (12) The Child Abuse Council of the Quad Cities Fund.
20 All money in the Child Abuse Council of the Quad Cities
21 Fund shall be paid as grants to benefit the Child Abuse
22 Council of the Quad Cities.
23        (13) The Illinois Health Care Workers Benefit Fund.
24 All money in the Illinois Health Care Workers Benefit Fund
25 shall be paid as grants to the Trinity Health Foundation
26 for the benefit of health care workers, doctors, nurses,

10400HB1075sam003- 494 -LRB104 03072 JDS 27160 a
1 and others who work in the health care industry in this
2 State.
3        (14) The Future Farmers of America Fund. All money in
4 the Future Farmers of America Fund shall be paid as grants
5 to the Illinois Association of Future Farmers of America.
6        (15) The Tick Research, Education, and Evaluation
7 Fund. All money in the Tick Research, Education, and
8 Evaluation Fund shall be paid as grants to the Illinois
9 Lyme Association.
10        (16) The Navy Club Fund. All money in the Navy Club
11 Fund shall be paid as grants to any local chapter of the
12 Navy Club that is located in this State.
13        (17) (16) The International Brotherhood of Electrical
14 Workers Fund. All money in the International Brotherhood
15 of Electrical Workers Fund shall be paid as grants to any
16 local chapter of the International Brotherhood of
17 Electrical Workers that is located in this State.
18        (18) (16) The 100 Club of Illinois Fund. All money in
19 the 100 Club of Illinois Fund shall be paid as grants to
20 the 100 Club of Illinois for the purpose of giving
21 financial support to children and spouses of first
22 responders killed in the line of duty and mental health
23 resources for active duty first responders.
24        (19) (16) The Illinois USTA/Midwest Youth Tennis
25 Foundation Fund. All money in the Illinois USTA/Midwest
26 Youth Tennis Foundation Fund shall be paid as grants to

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1 Illinois USTA/Midwest Youth Tennis Foundation to aid
2 USTA/Midwest districts in the State with exposing youth to
3 the game of tennis.
4        (20) (16) The Sons of the American Legion Fund. All
5 money in the Sons of the American Legion Fund shall be paid
6 as grants to the Illinois Detachment of the Sons of the
7 American Legion.
8(Source: P.A. 102-383, eff. 1-1-22; 102-422, eff. 8-20-21;
9102-423, eff. 8-20-21; 102-515, eff. 1-1-22; 102-558, eff.
108-20-21; 102-809, eff. 1-1-23; 102-813, eff. 5-13-22; 103-112,
11eff. 1-1-24; 103-163, eff. 1-1-24; 103-349, eff. 1-1-24;
12103-605, eff. 7-1-24; 103-664, eff. 1-1-25; 103-665, eff.
131-1-25; 103-855, eff. 1-1-25; 103-911, eff. 1-1-25; 103-933,
14eff. 1-1-25; revised 11-26-24.)
15    (625 ILCS 5/11-501.01)
16    Sec. 11-501.01. Additional administrative sanctions.
17    (a) After a finding of guilt and prior to any final
18sentencing or an order for supervision, for an offense based
19upon an arrest for a violation of Section 11-501 or a similar
20provision of a local ordinance, individuals shall be required
21to undergo a professional evaluation to determine if an
22alcohol, drug, or intoxicating compound abuse problem exists
23and the extent of the problem, and undergo the imposition of
24treatment as appropriate. Programs conducting these
25evaluations shall be licensed by the Department of Human

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1Services. The cost of any professional evaluation shall be
2paid for by the individual required to undergo the
3professional evaluation.
4    (b) Any person who is found guilty of or pleads guilty to
5violating Section 11-501, including any person receiving a
6disposition of court supervision for violating that Section,
7may be required by the Court to attend a victim impact panel
8offered by, or under contract with, a county State's
9Attorney's office, a probation and court services department,
10Mothers Against Drunk Driving, or the Alliance Against
11Intoxicated Motorists. All costs generated by the victim
12impact panel shall be paid from fees collected from the
13offender or as may be determined by the court.
14    (c) (Blank).
15    (d) The Secretary of State shall revoke the driving
16privileges of any person convicted under Section 11-501 or a
17similar provision of a local ordinance.
18    (e) The Secretary of State shall require the use of
19ignition interlock devices for a period not less than 5 years
20on all vehicles owned by a person who has been convicted of a
21second or subsequent offense of Section 11-501 or a similar
22provision of a local ordinance. The person must pay to the
23Secretary of State DUI Administration Fund an amount not to
24exceed $30 for each month that he or she uses the device. The
25Secretary shall establish by rule and regulation the
26procedures for certification and use of the interlock system,

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1the amount of the fee, and the procedures, terms, and
2conditions relating to these fees. During the time period in
3which a person is required to install an ignition interlock
4device under this subsection (e), that person shall only
5operate vehicles in which ignition interlock devices have been
6installed, except as allowed by subdivision (c)(5) or (d)(5)
7of Section 6-205 of this Code.
8    (f) (Blank).
9    (g) The Secretary of State Police DUI Fund is created as a
10special fund in the State treasury and, subject to
11appropriation, shall be used for enforcement and prevention of
12driving while under the influence of alcohol, other drug or
13drugs, intoxicating compound or compounds or any combination
14thereof, as defined by Section 11-501 of this Code, including,
15but not limited to, the purchase of law enforcement equipment
16and commodities to assist in the prevention of alcohol-related
17criminal violence throughout the State; police officer
18training and education in areas related to alcohol-related
19crime, including, but not limited to, DUI training; and police
20officer salaries, including, but not limited to, salaries for
21hire-back hire back funding for safety checkpoints, saturation
22patrols, and liquor store sting operations. Notwithstanding
23any other provision of law, on July 1, 2025, or as soon
24thereafter as practical, the State Comptroller shall direct
25and the State Treasurer shall transfer the remaining balance
26from the Secretary of State Police DUI Fund into the Secretary

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1of State Police Services Fund. Upon completion of the
2transfers, the Secretary of State Police DUI Fund is
3dissolved, and any future deposits due to that Fund and any
4outstanding obligations or liabilities of that Fund shall pass
5to the Secretary of State Police Services Fund.    
6    (h) Whenever an individual is sentenced for an offense
7based upon an arrest for a violation of Section 11-501 or a
8similar provision of a local ordinance, and the professional
9evaluation recommends remedial or rehabilitative treatment or
10education, neither the treatment nor the education shall be
11the sole disposition and either or both may be imposed only in
12conjunction with another disposition. The court shall monitor
13compliance with any remedial education or treatment
14recommendations contained in the professional evaluation.
15Programs conducting alcohol or other drug evaluation or
16remedial education must be licensed by the Department of Human
17Services. If the individual is not a resident of Illinois,
18however, the court may accept an alcohol or other drug
19evaluation or remedial education program in the individual's
20state of residence. Programs providing treatment must be
21licensed under existing applicable alcoholism and drug
22treatment licensure standards.
23    (i) (Blank).
24    (j) A person that is subject to a chemical test or tests of
25blood under subsection (a) of Section 11-501.1 or subdivision
26(c)(2) of Section 11-501.2 of this Code, whether or not that

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1person consents to testing, shall be liable for the expense up
2to $500 for blood withdrawal by a physician authorized to
3practice medicine, a licensed physician assistant, a licensed
4advanced practice registered nurse, a registered nurse, a
5trained phlebotomist, a licensed paramedic, or a qualified
6person other than a police officer approved by the Illinois
7State Police to withdraw blood, who responds, whether at a law
8enforcement facility or a health care facility, to a police
9department request for the drawing of blood based upon refusal
10of the person to submit to a lawfully requested breath test or
11probable cause exists to believe the test would disclose the
12ingestion, consumption, or use of drugs or intoxicating
13compounds if:
14        (1) the person is found guilty of violating Section
15 11-501 of this Code or a similar provision of a local
16 ordinance; or
17        (2) the person pleads guilty to or stipulates to facts
18 supporting a violation of Section 11-503 of this Code or a
19 similar provision of a local ordinance when the plea or
20 stipulation was the result of a plea agreement in which
21 the person was originally charged with violating Section
22 11-501 of this Code or a similar local ordinance.
23(Source: P.A. 101-81, eff. 7-12-19; 102-538, eff. 8-20-21.)
24    Section 30-170. The Criminal and Traffic Assessment Act is
25amended by changing Sections 10-5, 15-15, 15-35, and 15-70 as

10400HB1075sam003- 500 -LRB104 03072 JDS 27160 a
1follows:
2    (705 ILCS 135/10-5)
3    Sec. 10-5. Funds.
4    (a) All money collected by the Clerk of the Circuit Court
5under Article 15 of this Act shall be remitted as directed in
6Article 15 of this Act to the county treasurer, to the State
7Treasurer, and to the treasurers of the units of local
8government. If an amount payable to any of the treasurers is
9less than $10, the clerk may postpone remitting the money
10until $10 has accrued or by the end of fiscal year. The
11treasurers shall deposit the money as indicated in the
12schedules, except, in a county with a population of over
133,000,000, money remitted to the county treasurer shall be
14subject to appropriation by the county board. Any amount
15retained by the Clerk of the Circuit Court in a county with a
16population of over 3,000,000 shall be subject to appropriation
17by the county board.
18    (b) The county treasurer or the treasurer of the unit of
19local government may create the funds indicated in paragraphs
20(1) through (5), (9), and (16) of subsection (d) of this
21Section, if not already in existence. If a county or unit of
22local government has not instituted, and does not plan to
23institute a program that uses a particular fund, the treasurer
24need not create the fund and may instead deposit the money
25intended for the fund into the general fund of the county or

10400HB1075sam003- 501 -LRB104 03072 JDS 27160 a
1unit of local government for use in financing the court
2system.
3    (c) If the arresting agency is a State agency, the
4arresting agency portion shall be remitted by the clerk of
5court to the State Treasurer who shall deposit the portion as
6follows:
7        (1) if the arresting agency is the Illinois State
8 Police, into the State Police Law Enforcement
9 Administration Fund;
10        (2) if the arresting agency is the Department of
11 Natural Resources, into the Conservation Police Operations
12 Assistance Fund;
13        (3) if the arresting agency is the Secretary of State,
14 into the Secretary of State Police Services Fund; and
15        (4) if the arresting agency is the Illinois Commerce
16 Commission, into the Transportation Regulatory Fund.
17    (d) Fund descriptions and provisions:
18        (1) The Court Automation Fund is to defray the
19 expense, borne by the county, of establishing and
20 maintaining automated record keeping systems in the Office
21 of the Clerk of the Circuit Court. The money shall be
22 remitted monthly by the clerk to the county treasurer and
23 identified as funds for the Circuit Court Clerk. The fund
24 shall be audited by the county auditor, and the board
25 shall make expenditures from the fund in payment of any
26 costs related to the automation of court records including

10400HB1075sam003- 502 -LRB104 03072 JDS 27160 a
1 hardware, software, research and development costs, and
2 personnel costs related to the foregoing, provided that
3 the expenditure is approved by the clerk of the court and
4 by the chief judge of the circuit court or his or her
5 designee.
6        (2) The Document Storage Fund is to defray the
7 expense, borne by the county, of establishing and
8 maintaining a document storage system and converting the
9 records of the circuit court clerk to electronic or
10 micrographic storage. The money shall be remitted monthly
11 by the clerk to the county treasurer and identified as
12 funds for the circuit court clerk. The fund shall be
13 audited by the county auditor, and the board shall make
14 expenditure from the fund in payment of any cost related
15 to the storage of court records, including hardware,
16 software, research and development costs, and personnel
17 costs related to the foregoing, provided that the
18 expenditure is approved by the clerk of the court.
19        (3) The Circuit Clerk Operations and Administration
20 Fund may be used to defray the expenses incurred for
21 collection and disbursement of the various assessment
22 schedules. The money shall be remitted monthly by the
23 clerk to the county treasurer and identified as funds for
24 the circuit court clerk.
25        (4) The State's Attorney Records Automation Fund is to
26 defray the expense of establishing and maintaining

10400HB1075sam003- 503 -LRB104 03072 JDS 27160 a
1 automated record keeping systems in the offices of the
2 State's Attorney. The money shall be remitted monthly by
3 the clerk to the county treasurer for deposit into the
4 State's Attorney Records Automation Fund. Expenditures
5 from this fund may be made by the State's Attorney for
6 hardware, software, and research and development related
7 to automated record keeping systems.
8        (5) The Public Defender Records Automation Fund is to
9 defray the expense of establishing and maintaining
10 automated record keeping systems in the offices of the
11 Public Defender. The money shall be remitted monthly by
12 the clerk to the county treasurer for deposit into the
13 Public Defender Records Automation Fund. Expenditures from
14 this fund may be made by the Public Defender for hardware,
15 software, and research and development related to
16 automated record keeping systems.
17        (6) The DUI Fund shall be used for enforcement and
18 prevention of driving while under the influence of
19 alcohol, other drug or drugs, intoxicating compound or
20 compounds or any combination thereof, as defined by
21 Section 11-501 of the Illinois Vehicle Code, including,
22 but not limited to, the purchase of law enforcement
23 equipment and commodities that will assist in the
24 prevention of alcohol-related criminal violence throughout
25 the State; police officer training and education in areas
26 related to alcohol-related crime, including, but not

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1 limited to, DUI training; and police officer salaries,
2 including, but not limited to, salaries for hire-back
3 funding for safety checkpoints, saturation patrols, and
4 liquor store sting operations. Any moneys shall be used to
5 purchase law enforcement equipment that will assist in the
6 prevention of alcohol-related criminal violence throughout
7 the State. The money shall be remitted monthly by the
8 clerk to the State or local treasurer for deposit as
9 provided by law.
10        (7) The Trauma Center Fund shall be distributed as
11 provided under Section 3.225 of the Emergency Medical
12 Services (EMS) Systems Act.
13        (8) The Probation and Court Services Fund is to be
14 expended as described in Section 15.1 of the Probation and
15 Probation Officers Act.
16        (9) The Circuit Court Clerk Electronic Citation Fund
17 shall have the Circuit Court Clerk as the custodian, ex
18 officio, of the Fund and shall be used to perform the
19 duties required by the office for establishing and
20 maintaining electronic citations. The Fund shall be
21 audited by the county's auditor.
22        (10) The Drug Treatment Fund is a special fund in the
23 State treasury. Moneys in the Fund shall be expended as
24 provided in Section 50-35 of the Substance Use Disorder
25 Act 411.2 of the Illinois Controlled Substances Act.
26        (11) The Violent Crime Victims Assistance Fund is a

10400HB1075sam003- 505 -LRB104 03072 JDS 27160 a
1 special fund in the State treasury to provide moneys for
2 the grants to be awarded under the Violent Crime Victims
3 Assistance Act.
4        (12) The Criminal Justice Information Projects Fund
5 shall be appropriated to and administered by the Illinois
6 Criminal Justice Information Authority for distribution to
7 fund Illinois State Police drug task forces and
8 Metropolitan Enforcement Groups, for the costs associated
9 with making grants under Section 9.3 of the Illinois
10 Criminal Justice Information Act from the Prescription
11 Pill and Drug Disposal Fund, for undertaking criminal
12 justice information projects, and for the operating and
13 other expenses of the Authority incidental to those
14 criminal justice information projects. The moneys
15 deposited into the Criminal Justice Information Projects
16 Fund under Sections 15-15 and 15-35 of this Act shall be
17 appropriated to and administered by the Illinois Criminal
18 Justice Information Authority for distribution to fund
19 Illinois State Police drug task forces and Metropolitan
20 Enforcement Groups by dividing the funds equally by the
21 total number of Illinois State Police drug task forces and
22 Illinois Metropolitan Enforcement Groups.
23        (13) The Sexual Assault Services Fund shall be
24 appropriated to the Department of Human Services Public
25 Health. Upon appropriation of moneys from the Sexual
26 Assault Services Fund, the Department of Human Services    

10400HB1075sam003- 506 -LRB104 03072 JDS 27160 a
1 Public Health shall make grants of these moneys to sexual
2 assault organizations with whom the Department has
3 contracts for the purpose of providing community-based
4 services to victims of sexual assault. Grants are in
5 addition to, and are not substitutes for, other grants
6 authorized and made by the Department.
7        (14) The County Jail Medical Costs Fund is to help
8 defray the costs outlined in Section 17 of the County Jail
9 Act. Moneys in the Fund shall be used solely for
10 reimbursement to the county of costs for medical expenses
11 and administration of the Fund.
12        (15) The Prisoner Review Board Vehicle and Equipment
13 Fund is a special fund in the State treasury. The Prisoner
14 Review Board shall, subject to appropriation by the
15 General Assembly and approval by the Secretary, use all
16 moneys in the Prisoner Review Board Vehicle and Equipment
17 Fund for the purchase and operation of vehicles and
18 equipment.
19        (16) In each county in which a Children's Advocacy
20 Center provides services, a Child Advocacy Center Fund is
21 specifically for the operation and administration of the
22 Children's Advocacy Center, from which the county board
23 shall make grants to support the activities and services
24 of the Children's Advocacy Center within that county.
25(Source: P.A. 101-636, eff. 6-10-20; 102-538, eff. 8-20-21.)

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1    (705 ILCS 135/15-15)
2    Sec. 15-15. SCHEDULE 3; felony drug offenses.
3    SCHEDULE 3: For a felony under the Illinois Controlled
4Substances Act, the Cannabis Control Act, or the
5Methamphetamine Control and Community Protection Act, the
6Clerk of the Circuit Court shall collect $2,215 and remit as
7follows:
8    (1) As the county's portion, $354 to the county treasurer,
9who shall deposit the money as follows:
10        (A) $20 into the Court Automation Fund;
11        (B) $20 into the Court Document Storage Fund;
12        (C) $5 into the Circuit Court Clerk Operation and
13 Administrative Fund;
14        (D) $255 into the county's General Fund;
15        (E) $10 into the Child Advocacy Center Fund;
16        (F) $2 into the State's Attorney Records Automation
17 Fund;
18        (G) $2 into the Public Defender Records Automation
19 Fund;
20        (H) $20 into the County Jail Medical Costs Fund; and
21        (I) $20 into the Probation and Court Services Fund.
22    (2) As the State's portion, $1,861 to the State Treasurer,
23who shall deposit the money as follows:
24        (A) $50 into the State Police Operations Assistance
25 Fund;
26        (B) $100 into the Violent Crime Victims Assistance

10400HB1075sam003- 508 -LRB104 03072 JDS 27160 a
1 Fund;
2        (C) $100 into the Trauma Center Fund; and
3        (D) $5 into the Spinal Cord Injury Paralysis Cure
4 Research Trust Fund;
5        (E) $1,500 into the Drug Treatment Fund;
6        (F) $5 into the State Police Merit Board Public Safety
7 Fund;
8        (G) (Blank); $38 into the Prescription Pill and Drug
9 Disposal Fund;
10        (H) $66 $28 into the Criminal Justice Information
11 Projects Fund; and
12        (I) $35 into the Traffic and Criminal Conviction
13 Surcharge Fund.
14(Source: P.A. 100-987, eff. 7-1-19.)
15    (705 ILCS 135/15-35)
16    Sec. 15-35. SCHEDULE 7; misdemeanor drug offenses.
17    SCHEDULE 7: For a misdemeanor under the Illinois
18Controlled Substances Act, the Cannabis Control Act, or the
19Methamphetamine Control and Community Protection Act, the
20Clerk of the Circuit Court shall collect $905 and remit as
21follows:
22    (1) As the county's portion, $282 to the county treasurer,
23who shall deposit the money as follows:
24        (A) $20 into the Court Automation Fund;
25        (B) $20 into the Court Document Storage Fund;

10400HB1075sam003- 509 -LRB104 03072 JDS 27160 a
1        (C) $5 into the Circuit Court Clerk Operation and
2 Administrative Fund;
3        (D) $8 into the Circuit Court Clerk Electronic
4 Citation Fund;
5        (E) $185 into the county's General Fund;
6        (F) $10 into the Child Advocacy Center Fund;
7        (G) $2 into the State's Attorney Records Automation
8 Fund;
9        (H) $2 into the Public Defenders Records Automation
10 Fund;
11        (I) $10 into the County Jail Medical Costs Fund; and
12        (J) $20 into the Probation and Court Services Fund.
13    (2) As the State's portion, $621 to the State Treasurer,
14who shall deposit the money as follows:
15        (A) $50 into the State Police Operations Assistance
16 Fund;
17        (B) $75 into the Violent Crime Victims Assistance
18 Fund;
19        (C) $100 into the Trauma Center Fund;
20        (D) $5 into the Spinal Cord Injury Paralysis Cure
21 Research Trust Fund;
22        (E) $300 into the Drug Treatment Fund;
23        (F) (Blank); $38 into the Prescription Pill and Drug
24 Disposal Fund;
25        (G) $66 $28 into the Criminal Justice Information
26 Projects Fund;

10400HB1075sam003- 510 -LRB104 03072 JDS 27160 a
1        (H) $5 into the State Police Merit Board Public Safety
2 Fund; and
3        (I) $20 into the Traffic and Criminal Conviction
4 Surcharge Fund.
5    (3) As the arresting agency's portion, $2, to the
6treasurer of the unit of local government of the arresting
7agency, who shall deposit the money into the E-citation Fund
8of that unit of local government or as provided in subsection
9(c) of Section 10-5 of this Act if the arresting agency is a
10State agency, unless more than one agency is responsible for
11the arrest in which case the amount shall be remitted to each
12unit of government equally.
13(Source: P.A. 100-987, eff. 7-1-19.)
14    (705 ILCS 135/15-70)
15    Sec. 15-70. Conditional assessments. In addition to
16payments under one of the Schedule of Assessments 1 through 13
17of this Act, the court shall also order payment of any of the
18following conditional assessment amounts for each sentenced
19violation in the case to which a conditional assessment is
20applicable, which shall be collected and remitted by the Clerk
21of the Circuit Court as provided in this Section:
22        (1) arson, residential arson, or aggravated arson,
23 $500 per conviction to the State Treasurer for deposit
24 into the Fire Prevention Fund;
25        (2) child pornography under Section 11-20.1 of the

10400HB1075sam003- 511 -LRB104 03072 JDS 27160 a
1 Criminal Code of 1961 or the Criminal Code of 2012, $500
2 per conviction, unless more than one agency is responsible
3 for the arrest in which case the amount shall be remitted
4 to each unit of government equally:
5            (A) if the arresting agency is an agency of a unit
6 of local government, $500 to the treasurer of the unit
7 of local government for deposit into the unit of local
8 government's General Fund, except that if the Illinois
9 State Police provides digital or electronic forensic
10 examination assistance, or both, to the arresting
11 agency then $100 to the State Treasurer for deposit
12 into the State Crime Laboratory Fund; or
13            (B) if the arresting agency is the Illinois State
14 Police, $500 to the State Treasurer for deposit into
15 the State Crime Laboratory Fund;
16        (3) crime laboratory drug analysis for a drug-related
17 offense involving possession or delivery of cannabis or
18 possession or delivery of a controlled substance as
19 defined in the Cannabis Control Act, the Illinois
20 Controlled Substances Act, or the Methamphetamine Control
21 and Community Protection Act, $100 reimbursement for
22 laboratory analysis, as set forth in subsection (f) of
23 Section 5-9-1.4 of the Unified Code of Corrections;
24        (4) DNA analysis, $250 on each conviction in which it
25 was used to the State Treasurer for deposit into the State
26 Crime Laboratory Fund as set forth in Section 5-9-1.4 of

10400HB1075sam003- 512 -LRB104 03072 JDS 27160 a
1 the Unified Code of Corrections;
2        (5) DUI analysis, $150 on each sentenced violation in
3 which it was used as set forth in subsection (f) of Section
4 5-9-1.9 of the Unified Code of Corrections;
5        (6) drug-related offense involving possession or
6 delivery of cannabis or possession or delivery of a
7 controlled substance, other than methamphetamine, as
8 defined in the Cannabis Control Act or the Illinois
9 Controlled Substances Act, an amount not less than the
10 full street value of the cannabis or controlled substance
11 seized for each conviction to be disbursed as follows:
12            (A) 12.5% of the street value assessment shall be
13 paid into the Drug Treatment Youth Drug Abuse
14 Prevention Fund, to be used by the Department of Human
15 Services for the funding of programs and services for
16 drug-abuse treatment, and prevention and education
17 services;
18            (B) 37.5% to the county in which the charge was
19 prosecuted, to be deposited into the county General
20 Fund;
21            (C) 50% to the treasurer of the arresting law
22 enforcement agency of the municipality or county, or
23 to the State Treasurer if the arresting agency was a
24 state agency, to be deposited as provided in
25 subsection (c) of Section 10-5;
26            (D) if the arrest was made in combination with

10400HB1075sam003- 513 -LRB104 03072 JDS 27160 a
1 multiple law enforcement agencies, the clerk shall
2 equitably allocate the portion in subparagraph (C) of
3 this paragraph (6) among the law enforcement agencies
4 involved in the arrest;
5        (6.5) Kane County or Will County, in felony,
6 misdemeanor, local or county ordinance, traffic, or
7 conservation cases, up to $30 as set by the county board
8 under Section 5-1101.3 of the Counties Code upon the entry
9 of a judgment of conviction, an order of supervision, or a
10 sentence of probation without entry of judgment under
11 Section 10 of the Cannabis Control Act, Section 410 of the
12 Illinois Controlled Substances Act, Section 70 of the
13 Methamphetamine Control and Community Protection Act,
14 Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
15 the Criminal Code of 1961 or the Criminal Code of 2012,
16 Section 10-102 of the Illinois Alcoholism and Other Drug
17 Dependency Act, or Section 10 of the Steroid Control Act;
18 except in local or county ordinance, traffic, and
19 conservation cases, if fines are paid in full without a
20 court appearance, then the assessment shall not be imposed
21 or collected. Distribution of assessments collected under
22 this paragraph (6.5) shall be as provided in Section
23 5-1101.3 of the Counties Code;
24        (7) methamphetamine-related offense involving
25 possession or delivery of methamphetamine or any salt of
26 an optical isomer of methamphetamine or possession of a

10400HB1075sam003- 514 -LRB104 03072 JDS 27160 a
1 methamphetamine manufacturing material as set forth in
2 Section 10 of the Methamphetamine Control and Community
3 Protection Act with the intent to manufacture a substance
4 containing methamphetamine or salt of an optical isomer of
5 methamphetamine, an amount not less than the full street
6 value of the methamphetamine or salt of an optical isomer
7 of methamphetamine or methamphetamine manufacturing
8 materials seized for each conviction to be disbursed as
9 follows:
10            (A) 12.5% of the street value assessment shall be
11 paid into the Drug Treatment Youth Drug Abuse
12 Prevention Fund, to be used by the Department of Human
13 Services for the funding of programs and services for
14 drug-abuse treatment, and prevention and education
15 services;
16            (B) 37.5% to the county in which the charge was
17 prosecuted, to be deposited into the county General
18 Fund;
19            (C) 50% to the treasurer of the arresting law
20 enforcement agency of the municipality or county, or
21 to the State Treasurer if the arresting agency was a
22 state agency, to be deposited as provided in
23 subsection (c) of Section 10-5;
24            (D) if the arrest was made in combination with
25 multiple law enforcement agencies, the clerk shall
26 equitably allocate the portion in subparagraph (C) of

10400HB1075sam003- 515 -LRB104 03072 JDS 27160 a
1 this paragraph (6) among the law enforcement agencies
2 involved in the arrest;
3        (8) order of protection violation under Section 12-3.4
4 of the Criminal Code of 2012, $200 for each conviction to
5 the county treasurer for deposit into the Probation and
6 Court Services Fund for implementation of a domestic
7 violence surveillance program and any other assessments or
8 fees imposed under Section 5-9-1.16 of the Unified Code of
9 Corrections;
10        (9) order of protection violation, $25 for each
11 violation to the State Treasurer, for deposit into the
12 Domestic Violence Abuser Services Fund;
13        (10) prosecution by the State's Attorney of a:
14            (A) petty or business offense, $4 to the county
15 treasurer of which $2 deposited into the State's
16 Attorney Records Automation Fund and $2 into the
17 Public Defender Records Automation Fund;
18            (B) conservation or traffic offense, $2 to the
19 county treasurer for deposit into the State's Attorney
20 Records Automation Fund;
21        (11) speeding in a construction zone violation, $250
22 to the State Treasurer for deposit into the Transportation
23 Safety Highway Hire-back Fund, unless (i) the violation
24 occurred on a highway other than an interstate highway and
25 (ii) a county police officer wrote the ticket for the
26 violation, in which case to the county treasurer for

10400HB1075sam003- 516 -LRB104 03072 JDS 27160 a
1 deposit into that county's Transportation Safety Highway
2 Hire-back Fund;
3        (12) supervision disposition on an offense under the
4 Illinois Vehicle Code or similar provision of a local
5 ordinance, 50 cents, unless waived by the court, into the
6 Prisoner Review Board Vehicle and Equipment Fund;
7        (13) victim and offender are family or household
8 members as defined in Section 103 of the Illinois Domestic
9 Violence Act of 1986 and offender pleads guilty or no
10 contest to or is convicted of murder, voluntary
11 manslaughter, involuntary manslaughter, burglary,
12 residential burglary, criminal trespass to residence,
13 criminal trespass to vehicle, criminal trespass to land,
14 criminal damage to property, telephone harassment,
15 kidnapping, aggravated kidnaping, unlawful restraint,
16 forcible detention, child abduction, indecent solicitation
17 of a child, sexual relations between siblings,
18 exploitation of a child, child pornography, assault,
19 aggravated assault, battery, aggravated battery, heinous
20 battery, aggravated battery of a child, domestic battery,
21 reckless conduct, intimidation, criminal sexual assault,
22 predatory criminal sexual assault of a child, aggravated
23 criminal sexual assault, criminal sexual abuse, aggravated
24 criminal sexual abuse, violation of an order of
25 protection, disorderly conduct, endangering the life or
26 health of a child, child abandonment, contributing to

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1 dependency or neglect of child, or cruelty to children and
2 others, $200 for each sentenced violation to the State
3 Treasurer for deposit as follows: (i) for sexual assault,
4 as defined in Section 5-9-1.7 of the Unified Code of
5 Corrections, when the offender and victim are family
6 members, one-half to the Domestic Violence Shelter and
7 Service Fund, and one-half to the Sexual Assault Services
8 Fund; (ii) for the remaining offenses to the Domestic
9 Violence Shelter and Service Fund;
10        (14) violation of Section 11-501 of the Illinois
11 Vehicle Code, Section 5-7 of the Snowmobile Registration
12 and Safety Act, Section 5-16 of the Boat Registration and
13 Safety Act, or a similar provision, whose operation of a
14 motor vehicle, snowmobile, or watercraft while in
15 violation of Section 11-501, Section 5-7 of the Snowmobile
16 Registration and Safety Act, Section 5-16 of the Boat
17 Registration and Safety Act, or a similar provision
18 proximately caused an incident resulting in an appropriate
19 emergency response, $1,000 maximum to the public agency
20 that provided an emergency response related to the
21 person's violation, or as provided in subsection (c) of
22 Section 10-5 if the arresting agency was a State agency,
23 unless more than one agency was responsible for the
24 arrest, in which case the amount shall be remitted to each
25 unit of government equally;
26        (15) violation of Section 401, 407, or 407.2 of the

10400HB1075sam003- 518 -LRB104 03072 JDS 27160 a
1 Illinois Controlled Substances Act that proximately caused
2 any incident resulting in an appropriate drug-related
3 emergency response, $1,000 as reimbursement for the
4 emergency response to the law enforcement agency that made
5 the arrest, or as provided in subsection (c) of Section
6 10-5 if the arresting agency was a State agency, unless
7 more than one agency was responsible for the arrest, in
8 which case the amount shall be remitted to each unit of
9 government equally;
10        (16) violation of reckless driving, aggravated
11 reckless driving, or driving 26 miles per hour or more in
12 excess of the speed limit that triggered an emergency
13 response, $1,000 maximum reimbursement for the emergency
14 response to be distributed in its entirety to a public
15 agency that provided an emergency response related to the
16 person's violation, or as provided in subsection (c) of
17 Section 10-5 if the arresting agency was a State agency,
18 unless more than one agency was responsible for the
19 arrest, in which case the amount shall be remitted to each
20 unit of government equally;
21        (17) violation based upon each plea of guilty,
22 stipulation of facts, or finding of guilt resulting in a
23 judgment of conviction or order of supervision for an
24 offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
25 the Criminal Code of 2012 that results in the imposition
26 of a fine, to be distributed as follows:

10400HB1075sam003- 519 -LRB104 03072 JDS 27160 a
1            (A) $50 to the county treasurer for deposit into
2 the Circuit Court Clerk Operation and Administrative
3 Fund to cover the costs in administering this
4 paragraph (17);
5            (B) $300 to the State Treasurer who shall deposit
6 the portion as follows:
7                (i) if the arresting or investigating agency
8 is the Illinois State Police, into the State
9 Police Law Enforcement Administration Fund;
10                (ii) if the arresting or investigating agency
11 is the Department of Natural Resources, into the
12 Conservation Police Operations Assistance Fund;
13                (iii) if the arresting or investigating agency
14 is the Secretary of State, into the Secretary of
15 State Police Services Fund;
16                (iv) if the arresting or investigating agency
17 is the Illinois Commerce Commission, into the
18 Transportation Regulatory Fund; or
19                (v) if more than one of the State agencies in
20 this subparagraph (B) is the arresting or
21 investigating agency, then equal shares with the
22 shares deposited as provided in the applicable
23 items (i) through (iv) of this subparagraph (B);
24 and
25            (C) the remainder for deposit into the Specialized
26 Services for Survivors of Human Trafficking Fund;

10400HB1075sam003- 520 -LRB104 03072 JDS 27160 a
1        (18) weapons violation under Section 24-1.1, 24-1.2,
2 or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
3 of 2012, $100 for each conviction to the State Treasurer
4 for deposit into the Trauma Center Fund; and
5        (19) violation of subsection (c) of Section 11-907 of
6 the Illinois Vehicle Code, $250 to the State Treasurer for
7 deposit into the Scott's Law Fund, unless a county or
8 municipal police officer wrote the ticket for the
9 violation, in which case to the county treasurer for
10 deposit into that county's or municipality's
11 Transportation Safety Highway Hire-back Fund to be used as
12 provided in subsection (j) of Section 11-907 of the
13 Illinois Vehicle Code; and .
14        (20) violation of Section 15-109.1 of the Illinois
15 Vehicle Code, $150 to be distributed as follows:
16            (A) 50% to the county treasurer for deposit into
17 the county general fund; and
18            (B) 50% to the treasurer of the arresting law
19 enforcement agency of the municipality or county or to
20 the State Treasurer, if the arresting agency was a
21 State agency, to be deposited as provided in
22 subsection (c) of Section 10-5.
23    Except for traffic violations, fines, and assessments,
24such as fees or administrative costs authorized in this
25Section, shall not be ordered or imposed on a minor subject to
26Article III, IV, or V of the Juvenile Court Act of 1987, or a

10400HB1075sam003- 521 -LRB104 03072 JDS 27160 a
1minor under the age of 18 transferred to adult court or
2excluded from juvenile court jurisdiction under Article V of
3the Juvenile Court Act of 1987, or the minor's parent,
4guardian, or legal custodian.
5(Source: P.A. 102-145, eff. 7-23-21; 102-505, eff. 8-20-21;
6102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-379, eff.
77-28-23; 103-730, eff. 1-1-25; revised 11-23-24.)
8    Section 30-175. The Cannabis Control Act is amended by
9changing Section 10.2 as follows:
10    (720 ILCS 550/10.2)    (from Ch. 56 1/2, par. 710.2)
11    Sec. 10.2. (a) Twelve and one-half percent of all amounts
12collected as fines pursuant to the provisions of this Act
13shall be paid into the Drug Treatment Youth Drug Abuse
14Prevention Fund, which is hereby created in the State
15treasury, to be used by the Department of Human Services for
16the funding of programs and services for drug-abuse treatment,
17and prevention and education services, for juveniles.
18    (b) Eighty-seven and one-half percent of the proceeds of
19all fines received under the provisions of this Act shall be
20transmitted to and deposited in the treasurer's office at the
21level of government as follows:    
22        (1) If such seizure was made by a combination of law
23 enforcement personnel representing differing units of
24 local government, the court levying the fine shall

10400HB1075sam003- 522 -LRB104 03072 JDS 27160 a
1 equitably allocate 50% of the fine among these units of
2 local government and shall allocate 37 1/2% to the county
3 general corporate fund. In the event that the seizure was
4 made by law enforcement personnel representing a unit of
5 local government from a municipality where the number of
6 inhabitants exceeds 2 million in population, the court
7 levying the fine shall allocate 87 1/2% of the fine to that
8 unit of local government. If the seizure was made by a
9 combination of law enforcement personnel representing
10 differing units of local government, and at least one of
11 those units represents a municipality where the number of
12 inhabitants exceeds 2 million in population, the court
13 shall equitably allocate 87 1/2% of the proceeds of the
14 fines received among the differing units of local
15 government.    
16        (2) If such seizure was made by State law enforcement
17 personnel, then the court shall allocate 37 1/2% to the
18 State treasury and 50% to the county general corporate
19 fund.    
20        (3) If a State law enforcement agency in combination
21 with a law enforcement agency or agencies of a unit or
22 units of local government conducted the seizure, the court
23 shall equitably allocate 37 1/2% of the fines to or among
24 the law enforcement agency or agencies of the unit or
25 units of local government which conducted the seizure and
26 shall allocate 50% to the county general corporate fund.

10400HB1075sam003- 523 -LRB104 03072 JDS 27160 a
1    (c) The proceeds of all fines allocated to the law
2enforcement agency or agencies of the unit or units of local
3government pursuant to subsection (b) shall be made available
4to that law enforcement agency as expendable receipts for use
5in the enforcement of laws regulating controlled substances
6and cannabis. The proceeds of fines awarded to the State
7treasury shall be deposited into in a special fund known as the
8Drug Traffic Prevention Fund, except that amounts distributed
9to the Secretary of State shall be deposited into the
10Secretary of State Evidence Fund to be used as provided in
11Section 2-115 of the Illinois Vehicle Code. Monies from this
12fund may be used by the Illinois State Police for use in the
13enforcement of laws regulating controlled substances and
14cannabis; to satisfy funding provisions of the
15Intergovernmental Drug Laws Enforcement Act; to defray costs
16and expenses associated with returning violators of this Act,
17the Illinois Controlled Substances Act, and the
18Methamphetamine Control and Community Protection Act only, as
19provided in such Acts, when punishment of the crime shall be
20confinement of the criminal in the penitentiary; and all other
21monies shall be paid into the General Revenue Fund general
22revenue fund in the State treasury.
23(Source: P.A. 102-538, eff. 8-20-21.)
24    Section 30-180. The Illinois Controlled Substances Act is
25amended by changing Sections 411.2 and 413 as follows:

10400HB1075sam003- 524 -LRB104 03072 JDS 27160 a
1    (720 ILCS 570/411.2)
2    Sec. 411.2. Drug Treatment Fund; drug treatment grants.
3    (a) (Blank).
4    (b) (Blank).
5    (c) (Blank).
6    (d) (Blank).
7    (e) (Blank).
8    (f) (Blank).
9    (g) (Blank).
10    (h) The Drug Treatment Fund is hereby established as a
11special fund within the State Treasury. The Department of
12Human Services may make grants to persons licensed under
13Section 15-10 of the Substance Use Disorder Act or to
14municipalities or counties from funds appropriated to the
15Department from the Drug Treatment Fund for the treatment of
16pregnant women who have a substance use disorder and for the
17needed care of minor, unemancipated children of women
18undergoing residential drug treatment. If the Department of
19Human Services grants funds to a municipality or a county that
20the Department determines is not experiencing a healthcare
21need of pregnant women with a substance use disorder, or with
22care for minor, unemancipated children of women undergoing
23residential drug treatment, or intervention, the funds shall
24be used for the treatment of any person with a substance use
25disorder. The Department may adopt such rules as it deems

10400HB1075sam003- 525 -LRB104 03072 JDS 27160 a
1appropriate for the administration of such grants.
2    (i) (Blank).
3(Source: P.A. 103-881, eff. 1-1-25.)
4    (720 ILCS 570/413)    (from Ch. 56 1/2, par. 1413)
5    Sec. 413. (a) Twelve and one-half percent of all amounts
6collected as fines pursuant to the provisions of this Article
7shall be paid into the Drug Treatment Youth Drug Abuse
8Prevention Fund, which is hereby created in the State
9treasury, to be used by the Department for the funding of
10programs and services for substance use disorder treatment,
11and prevention and education services, for juveniles.
12    (b) Eighty-seven and one-half percent of the proceeds of
13all fines received under the provisions of this Article shall
14be transmitted to and deposited in the treasurer's office at
15the level of government as follows:
16        (1) If such seizure was made by a combination of law
17 enforcement personnel representing differing units of
18 local government, the court levying the fine shall
19 equitably allocate 50% of the fine among these units of
20 local government and shall allocate 37 1/2% to the county
21 general corporate fund. In the event that the seizure was
22 made by law enforcement personnel representing a unit of
23 local government from a municipality where the number of
24 inhabitants exceeds 2 million in population, the court
25 levying the fine shall allocate 87 1/2% of the fine to that

10400HB1075sam003- 526 -LRB104 03072 JDS 27160 a
1 unit of local government. If the seizure was made by a
2 combination of law enforcement personnel representing
3 differing units of local government, and at least one of
4 those units represents a municipality where the number of
5 inhabitants exceeds 2 million in population, the court
6 shall equitably allocate 87 1/2% of the proceeds of the
7 fines received among the differing units of local
8 government.
9        (2) If such seizure was made by State law enforcement
10 personnel, then the court shall allocate 37 1/2% to the
11 State treasury and 50% to the county general corporate
12 fund.
13        (3) If a State law enforcement agency in combination
14 with a law enforcement agency or agencies of a unit or
15 units of local government conducted the seizure, the court
16 shall equitably allocate 37 1/2% of the fines to or among
17 the law enforcement agency or agencies of the unit or
18 units of local government which conducted the seizure and
19 shall allocate 50% to the county general corporate fund.
20    (c) The proceeds of all fines allocated to the law
21enforcement agency or agencies of the unit or units of local
22government pursuant to subsection (b) shall be made available
23to that law enforcement agency as expendable receipts for use
24in the enforcement of laws regulating cannabis,
25methamphetamine, and other controlled substances. The proceeds
26of fines awarded to the State treasury shall be deposited into    

10400HB1075sam003- 527 -LRB104 03072 JDS 27160 a
1in a special fund known as the Drug Traffic Prevention Fund,
2except that amounts distributed to the Secretary of State
3shall be deposited into the Secretary of State Evidence Fund
4to be used as provided in Section 2-115 of the Illinois Vehicle
5Code. Monies from this fund may be used by the Illinois State
6Police or use in the enforcement of laws regulating cannabis,
7methamphetamine, and other controlled substances; to satisfy
8funding provisions of the Intergovernmental Drug Laws
9Enforcement Act; to defray costs and expenses associated with
10returning violators of the Cannabis Control Act and this Act
11only, as provided in those Acts, when punishment of the crime
12shall be confinement of the criminal in the penitentiary; and
13all other monies shall be paid into the General Revenue Fund    
14general revenue fund in the State treasury.
15(Source: P.A. 103-881, eff. 1-1-25.)
16    Section 30-185. The Methamphetamine Control and Community
17Protection Act is amended by changing Section 95 as follows:
18    (720 ILCS 646/95)
19    Sec. 95. Drug Treatment Youth Drug Abuse Prevention Fund.
20    (a) Twelve and one-half percent of all amounts collected
21as fines pursuant to the provisions of this Article shall be
22paid into the Drug Treatment Youth Drug Abuse Prevention Fund
23created by the Controlled Substances Act in the State
24treasury, to be used by the Department for the funding of

10400HB1075sam003- 528 -LRB104 03072 JDS 27160 a
1programs and services for drug-abuse treatment, and prevention
2and education services, for juveniles.
3    (b) Eighty-seven and one-half percent of the proceeds of
4all fines received under the provisions of this Act shall be
5transmitted to and deposited into the State treasury and
6distributed as follows:
7        (1) If such seizure was made by a combination of law
8 enforcement personnel representing differing units of
9 local government, the court levying the fine shall
10 equitably allocate 50% of the fine among these units of
11 local government and shall allocate 37.5% to the county
12 general corporate fund. If the seizure was made by law
13 enforcement personnel representing a unit of local
14 government from a municipality where the number of
15 inhabitants exceeds 2 million in population, the court
16 levying the fine shall allocate 87.5% of the fine to that
17 unit of local government. If the seizure was made by a
18 combination of law enforcement personnel representing
19 differing units of local government and if at least one of
20 those units represents a municipality where the number of
21 inhabitants exceeds 2 million in population, the court
22 shall equitably allocate 87.5% of the proceeds of the
23 fines received among the differing units of local
24 government.
25        (2) If such seizure was made by State law enforcement
26 personnel, then the court shall allocate 37.5% to the

10400HB1075sam003- 529 -LRB104 03072 JDS 27160 a
1 State treasury and 50% to the county general corporate
2 fund.
3        (3) If a State law enforcement agency in combination
4 with any law enforcement agency or agencies of a unit or
5 units of local government conducted the seizure, the court
6 shall equitably allocate 37.5% of the fines to or among
7 the law enforcement agency or agencies of the unit or
8 units of local government that conducted the seizure and
9 shall allocate 50% to the county general corporate fund.
10    (c) The proceeds of all fines allocated to the law
11enforcement agency or agencies of the unit or units of local
12government pursuant to subsection (b) shall be made available
13to that law enforcement agency as expendable receipts for use
14in the enforcement of laws regulating controlled substances
15and cannabis. The proceeds of fines awarded to the State
16treasury shall be deposited into in a special fund known as the
17Drug Traffic Prevention Fund, except that amounts distributed
18to the Secretary of State shall be deposited into the
19Secretary of State Evidence Fund to be used as provided in
20Section 2-115 of the Illinois Vehicle Code. Moneys from this
21Fund may be used by the Illinois State Police for use in the
22enforcement of laws regulating controlled substances and
23cannabis; to satisfy funding provisions of the
24Intergovernmental Drug Laws Enforcement Act; to defray costs
25and expenses associated with returning violators of the
26Cannabis Control Act and this Act only, as provided in those

10400HB1075sam003- 530 -LRB104 03072 JDS 27160 a
1Acts, when punishment of the crime shall be confinement of the
2criminal in the penitentiary; and all other moneys shall be
3paid into the General Revenue Fund in the State treasury.
4(Source: P.A. 102-538, eff. 8-20-21.)
5    Section 30-190. The Code of Criminal Procedure of 1963 is
6amended by changing Section 119-1 as follows:
7    (725 ILCS 5/119-1)
8    Sec. 119-1. Death penalty abolished.
9    (a) Beginning on July 1, 2011 (the effective date of
10Public Act 96-1543) this amendatory Act of the 96th General
11Assembly, notwithstanding any other law to the contrary, the
12death penalty is abolished and a sentence to death may not be
13imposed.
14    (b) The All unobligated and unexpended moneys remaining in
15the Capital Litigation Trust Fund on the effective date of
16this amendatory Act of the 96th General Assembly shall be
17transferred into the Death Penalty Abolition Fund, a special
18fund in the State treasury, shall to be expended by the
19Illinois Criminal Justice Information Authority, for services
20for families of victims of homicide or murder and for training
21of law enforcement personnel.
22(Source: P.A. 96-1543, eff. 7-1-11.)
23    Section 30-195. The Narcotics Profit Forfeiture Act is

10400HB1075sam003- 531 -LRB104 03072 JDS 27160 a
1amended by changing Section 5.2 as follows:
2    (725 ILCS 175/5.2)    (from Ch. 56 1/2, par. 1655.2)
3    Sec. 5.2. (a) Twelve and one-half percent of all amounts
4collected as fines pursuant to the provisions of this Act
5shall be paid into the Drug Treatment Youth Drug Abuse
6Prevention Fund, which is hereby created in the State
7treasury, to be used by the Department of Human Services for
8the funding of programs and services for drug-abuse treatment,
9and prevention and education services, for juveniles.
10    (b) Eighty-seven and one-half percent of the proceeds of
11all fines received under the provisions of this Act shall be
12transmitted to and deposited in the treasurer's office at the
13level of government as follows:    
14        (1) If such seizure was made by a combination of law
15 enforcement personnel representing differing units of
16 local government, the court levying the fine shall
17 equitably allocate 50% of the fine among these units of
18 local government and shall allocate 37 1/2% to the county
19 general corporate fund. In the event that the seizure was
20 made by law enforcement personnel representing a unit of
21 local government from a municipality where the number of
22 inhabitants exceeds 2 million in population, the court
23 levying the fine shall allocate 87 1/2% of the fine to that
24 unit of local government. If the seizure was made by a
25 combination of law enforcement personnel representing

10400HB1075sam003- 532 -LRB104 03072 JDS 27160 a
1 differing units of local government, and at least one of
2 those units represents a municipality where the number of
3 inhabitants exceeds 2 million in population, the court
4 shall equitably allocate 87 1/2% of the proceeds of the
5 fines received among the differing units of local
6 government.    
7        (2) If such seizure was made by State law enforcement
8 personnel, then the court shall allocate 37 1/2% to the
9 State treasury and 50% to the county general corporate
10 fund.    
11        (3) If a State law enforcement agency in combination
12 with a law enforcement agency or agencies of a unit or
13 units of local government conducted the seizure, the court
14 shall equitably allocate 37 1/2% of the fines to or among
15 the law enforcement agency or agencies of the unit or
16 units of local government which conducted the seizure and
17 shall allocate 50% to the county general corporate fund.
18    (c) The proceeds of all fines allocated to the law
19enforcement agency or agencies of the unit or units of local
20government pursuant to subsection (b) shall be made available
21to that law enforcement agency as expendable receipts for use
22in the enforcement of laws regulating controlled substances
23and cannabis. The proceeds of fines awarded to the State
24treasury shall be deposited into in a special fund known as the
25Drug Traffic Prevention Fund. Monies from this fund may be
26used by the Illinois State Police for use in the enforcement of

10400HB1075sam003- 533 -LRB104 03072 JDS 27160 a
1laws regulating controlled substances and cannabis; to satisfy
2funding provisions of the Intergovernmental Drug Laws
3Enforcement Act; to defray costs and expenses associated with
4returning violators of the Cannabis Control Act and the
5Illinois Controlled Substances Act only, as provided in those
6Acts, when punishment of the crime shall be confinement of the
7criminal in the penitentiary; and all other monies shall be
8paid into the General Revenue Fund general revenue fund in the
9State treasury.
10(Source: P.A. 102-538, eff. 8-20-21.)
11    Section 30-200. The Unified Code of Corrections is amended
12by changing Sections 5-9-1.2, 5-9-1.7, and 5-9-1.8 as follows:
13    (730 ILCS 5/5-9-1.2)    (from Ch. 38, par. 1005-9-1.2)
14    Sec. 5-9-1.2. (a) Twelve and one-half percent of all
15amounts collected as fines pursuant to Section 5-9-1.1 shall
16be paid into the Drug Treatment Youth Drug Abuse Prevention    
17Fund, which is hereby created in the State treasury, to be used
18by the Department of Human Services for the funding of
19programs and services for drug-abuse treatment, and prevention
20and education services, for juveniles.
21    (b) Eighty-seven and one-half percent of the proceeds of
22all fines received pursuant to Section 5-9-1.1 shall be
23transmitted to and deposited in the treasurer's office at the
24level of government as follows:    

10400HB1075sam003- 534 -LRB104 03072 JDS 27160 a
1        (1) If such seizure was made by a combination of law
2 enforcement personnel representing differing units of
3 local government, the court levying the fine shall
4 equitably allocate 50% of the fine among these units of
5 local government and shall allocate 37 1/2% to the county
6 general corporate fund. In the event that the seizure was
7 made by law enforcement personnel representing a unit of
8 local government from a municipality where the number of
9 inhabitants exceeds 2 million in population, the court
10 levying the fine shall allocate 87 1/2% of the fine to that
11 unit of local government. If the seizure was made by a
12 combination of law enforcement personnel representing
13 differing units of local government, and at least one of
14 those units represents a municipality where the number of
15 inhabitants exceeds 2 million in population, the court
16 shall equitably allocate 87 1/2% of the proceeds of the
17 fines received among the differing units of local
18 government.    
19        (2) If such seizure was made by State law enforcement
20 personnel, then the court shall allocate 37 1/2% to the
21 State treasury and 50% to the county general corporate
22 fund.    
23        (3) If a State law enforcement agency in combination
24 with a law enforcement agency or agencies of a unit or
25 units of local government conducted the seizure, the court
26 shall equitably allocate 37 1/2% of the fines to or among

10400HB1075sam003- 535 -LRB104 03072 JDS 27160 a
1 the law enforcement agency or agencies of the unit or
2 units of local government which conducted the seizure and
3 shall allocate 50% to the county general corporate fund.
4    (c) The proceeds of all fines allocated to the law
5enforcement agency or agencies of the unit or units of local
6government pursuant to subsection (b) shall be made available
7to that law enforcement agency as expendable receipts for use
8in the enforcement of laws regulating controlled substances
9and cannabis. The proceeds of fines awarded to the State
10treasury shall be deposited into in a special fund known as the
11Drug Traffic Prevention Fund. Monies from this fund may be
12used by the Illinois State Police for use in the enforcement of
13laws regulating controlled substances and cannabis; to satisfy
14funding provisions of the Intergovernmental Drug Laws
15Enforcement Act; and to defray costs and expenses associated
16with returning violators of the Cannabis Control Act, the
17Illinois Controlled Substances Act, and the Methamphetamine
18Control and Community Protection Act only, as provided in
19those Acts, when punishment of the crime shall be confinement
20of the criminal in the penitentiary. Moneys in the Drug
21Traffic Prevention Fund deposited from fines awarded as a
22direct result of enforcement efforts of the Illinois
23Conservation Police may be used by the Department of Natural
24Resources Office of Law Enforcement for use in enforcing laws
25regulating controlled substances and cannabis on Department of
26Natural Resources regulated lands and waterways. All other

10400HB1075sam003- 536 -LRB104 03072 JDS 27160 a
1monies shall be paid into the General Revenue Fund general
2revenue fund in the State treasury.
3    (d) There is created in the State treasury the
4Methamphetamine Law Enforcement Fund. Moneys in the Fund shall
5be equitably allocated to local law enforcement agencies to:
6(1) reimburse those agencies for the costs of securing and
7cleaning up sites and facilities used for the illegal
8manufacture of methamphetamine; (2) defray the costs of
9employing full-time or part-time peace officers from a
10Metropolitan Enforcement Group or other local drug task force,
11including overtime costs for those officers; and (3) defray
12the costs associated with medical or dental expenses incurred
13by the county resulting from the incarceration of
14methamphetamine addicts in the county jail or County
15Department of Corrections.
16(Source: P.A. 102-538, eff. 8-20-21.)
17    (730 ILCS 5/5-9-1.7)    (from Ch. 38, par. 1005-9-1.7)
18    (Text of Section before amendment by P.A. 103-1071)
19    Sec. 5-9-1.7. Sexual assault fines.
20    (a) Definitions. The terms used in this Section shall have
21the following meanings ascribed to them:
22        (1) "Sexual assault" means the commission or attempted
23 commission of the following: sexual exploitation of a
24 child, criminal sexual assault, predatory criminal sexual
25 assault of a child, aggravated criminal sexual assault,

10400HB1075sam003- 537 -LRB104 03072 JDS 27160 a
1 criminal sexual abuse, aggravated criminal sexual abuse,
2 indecent solicitation of a child, public indecency, sexual
3 relations within families, promoting juvenile
4 prostitution, soliciting for a juvenile prostitute,
5 keeping a place of juvenile prostitution, patronizing a
6 juvenile prostitute, juvenile pimping, exploitation of a
7 child, obscenity, child pornography, aggravated child
8 pornography, harmful material, or ritualized abuse of a
9 child, as those offenses are defined in the Criminal Code
10 of 1961 or the Criminal Code of 2012.
11        (2) (Blank).
12        (3) "Sexual assault organization" means any
13 not-for-profit organization providing comprehensive,
14 community-based services to victims of sexual assault.
15 "Community-based services" include, but are not limited
16 to, direct crisis intervention through a 24-hour response,
17 medical and legal advocacy, counseling, information and
18 referral services, training, and community education.
19    (b) (Blank).
20    (c) Sexual Assault Services Fund; administration. There is
21created a Sexual Assault Services Fund. Moneys deposited into
22the Fund under Section 15-20 and 15-40 of the Criminal and
23Traffic Assessment Act shall be appropriated to the Department
24of Public Health. Upon appropriation of moneys from the Sexual
25Assault Services Fund, the Department of Public Health shall
26make grants of these moneys from the Fund to sexual assault

10400HB1075sam003- 538 -LRB104 03072 JDS 27160 a
1organizations with whom the Department has contracts for the
2purpose of providing community-based services to victims of
3sexual assault. Grants made under this Section are in addition
4to, and are not substitutes for, other grants authorized and
5made by the Department.
6(Source: P.A. 100-987, eff. 7-1-19.)
7    (Text of Section after amendment by P.A. 103-1071)
8    Sec. 5-9-1.7. Sexual assault fines.
9    (a) Definitions. The terms used in this Section shall have
10the following meanings ascribed to them:
11        (1) "Sexual assault" means the commission or attempted
12 commission of the following: sexual exploitation of a
13 child, criminal sexual assault, predatory criminal sexual
14 assault of a child, aggravated criminal sexual assault,
15 criminal sexual abuse, aggravated criminal sexual abuse,
16 indecent solicitation of a child, public indecency, sexual
17 relations within families, promoting commercial sexual
18 exploitation of a child, soliciting for a sexually
19 exploited child, keeping a place of commercial sexual
20 exploitation of a child, patronizing a sexually exploited
21 child, juvenile pimping, exploitation of a child,
22 obscenity, child pornography, aggravated child
23 pornography, harmful material, or ritualized abuse of a
24 child, as those offenses are defined in the Criminal Code
25 of 1961 or the Criminal Code of 2012.

10400HB1075sam003- 539 -LRB104 03072 JDS 27160 a
1        (2) (Blank).
2        (3) "Sexual assault organization" means any
3 not-for-profit organization providing comprehensive,
4 community-based services to victims of sexual assault.
5 "Community-based services" include, but are not limited
6 to, direct crisis intervention through a 24-hour response,
7 medical and legal advocacy, counseling, information and
8 referral services, training, and community education.
9    (b) (Blank).
10    (c) Sexual Assault Services Fund; administration. There is
11created in the State treasury a special fund known as the a    
12Sexual Assault Services Fund. Moneys deposited into the Fund
13under Sections Section 15-20, and 15-40, and 15-70 of the
14Criminal and Traffic Assessment Act and Section 6b-4 of the
15State Finance Act shall be expended as provided in Section
1610-5 of the Criminal and Traffic Assessment Act appropriated
17to the Department of Public Health. Upon appropriation of
18moneys from the Sexual Assault Services Fund, the Department
19of Public Health shall make grants of these moneys from the
20Fund to sexual assault organizations with whom the Department
21has contracts for the purpose of providing community-based
22services to victims of sexual assault. Grants made under this
23Section are in addition to, and are not substitutes for, other
24grants authorized and made by the Department.
25(Source: P.A. 103-1071, eff. 7-1-25.)

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1    (730 ILCS 5/5-9-1.8)
2    Sec. 5-9-1.8. Child pornography fines. Beginning July 1,
32025 2006, 100% of the fines in excess of $10,000 collected for
4violations of Section 11-20.1 of the Criminal Code of 1961 or
5the Criminal Code of 2012 shall be deposited into the DCFS
6Children's Services Child Abuse Prevention Fund. Moneys in the
7Fund resulting from the fines shall be for the use of the
8Department of Children and Family Services for grants to
9private entities giving treatment and counseling to victims of
10child sexual abuse.
11    Notwithstanding any other provision of law to the contrary
12and in addition to any other transfers that may be provided by
13law, on July 1, 2025, or as soon thereafter as practical, the
14State Comptroller shall direct and the State Treasurer shall
15transfer the remaining balance from the Child Abuse Prevention
16Fund into the DCFS Children's Services Fund. Upon completion
17of the transfer, the Child Abuse Prevention Fund is dissolved,
18and any future deposits due to that Fund and any outstanding
19obligations or liabilities of that Fund pass to the DCFS
20Children's Services Fund.    
21(Source: P.A. 102-1071, eff. 6-10-22.)
22    Section 30-205. The Job Opportunities for Qualified
23Applicants Act is amended by changing Section 20 as follows:
24    (820 ILCS 75/20)

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1    Sec. 20. Administration of Act and rulemaking authority.
2    (a) The Illinois Department of Labor shall investigate any
3alleged violations of this Act by an employer or employment
4agency. If the Department finds that a violation has occurred,
5the Director of Labor may impose the following civil
6penalties:
7        (1) For the first violation, the Director shall issue
8 a written warning to the employer or employment agency
9 that includes notice regarding penalties for subsequent
10 violations and the employer shall have 30 days to remedy
11 the violation;
12        (2) For the second violation, or if the first
13 violation is not remedied within 30 days of notice by the
14 Department, the Director may impose a civil penalty of up
15 to $500;
16        (3) For the third violation, or if the first violation
17 is not remedied within 60 days of notice by the
18 Department, the Director may impose an additional civil
19 penalty of up to $1,500;
20        (4) For subsequent violations, or if the first
21 violation is not remedied within 90 days of notice by the
22 Department, the Director may impose an additional civil
23 penalty of up to $1,500 for every 30 days that passes
24 thereafter without compliance.
25    (b) Penalties under this Section may be assessed by the
26Department and recovered in a civil action brought by the

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1Department in any circuit court or in any administrative
2adjudicative proceeding under this Act. In any such civil
3action or administrative adjudicative proceeding under this
4Act, the Department shall be represented by the Attorney
5General.
6    (c) All moneys recovered as civil penalties under this
7Section shall be deposited into the Child Labor and Day and
8Temporary Labor Services Enforcement Fund Job Opportunities
9for Qualified Applicants Enforcement Fund, a special fund
10which is created in the State treasury. Moneys in the Fund may
11be used only to enforce employer violations of this Act.
12    (d) The Department may adopt rules necessary to administer
13this Act and may establish an administrative procedure to
14adjudicate claims and issue final and binding decisions
15subject to the Administrative Review Law.
16(Source: P.A. 98-774, eff. 1-1-15.)
17    Section 30-210. The Family Bereavement Leave Act is
18amended by changing Section 25 as follows:
19    (820 ILCS 154/25)
20    Sec. 25. Department responsibilities.
21    (a) The Department shall administer and enforce this Act
22and adopt rules under the Illinois Administrative Procedure
23Act for the purpose of this Act. The Department shall have the
24powers and the parties shall have the rights provided in the

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1Illinois Administrative Procedure Act for contested cases. The
2Department shall have the power to conduct investigations in
3connection with the administration and enforcement of this
4Act, including the power to conduct depositions and discovery
5and to issue subpoenas. If the Department finds cause to
6believe that this Act has been violated, the Department shall
7notify the parties in writing and the matter shall be referred
8to an Administrative Law Judge to schedule a formal hearing in
9accordance with hearing procedures established by rule.
10    (b) The Department is authorized to impose civil penalties
11prescribed in Section 30 in administrative proceedings that
12comply with the Illinois Administrative Procedure Act and to
13supervise the payment of the unpaid wages and damages owing to
14the employee or employees under this Act. The Department may
15bring any legal action necessary to recover the amount of
16unpaid wages, damages, and penalties, and the employer shall
17be required to pay the costs. Any sums recovered by the
18Department on behalf of an employee under this Act shall be
19paid to the employee or employees affected. However, 20% of
20any penalty collected from the employer for a violation of
21this Act shall be deposited into the Child Labor and Day and
22Temporary Labor Services Enforcement Fund Bereavement Fund, a
23special fund created in the State treasury, and used for the
24enforcement of this Act.
25    (c) The Attorney General may bring an action to enforce
26the collection of any civil penalty imposed under this Act.

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1(Source: P.A. 99-703, eff. 7-29-16.)
2    Section 30-215. The Child Labor Law of 2024 is amended by
3changing Section 75 as follows:
4    (820 ILCS 206/75)
5    Sec. 75. Civil penalties.
6    (a) Any person employing, allowing, or permitting a minor
7to work who violates any of the provisions of this Act or any
8rule adopted under the Act shall be subject to civil penalties
9as follows:
10        (1) if a minor dies while working for an employer who
11 is found by the Department to have been employing,
12 allowing, or permitting the minor to work in violation of
13 this Act, the employer is subject to a penalty not to
14 exceed $60,000, payable to the Department;
15        (2) if a minor receives an illness or an injury that is
16 required to be reported to the Department under Section 35
17 while working for an employer who is found by the
18 Department to have been employing, allowing, or permitting
19 the minor to work in violation of this Act, the employer is
20 subject to a penalty not to exceed $30,000, payable to the
21 Department;
22        (3) an employer who employs, allows, or permits a
23 minor to work in violation of Section 40 shall be subject
24 to a penalty not to exceed $15,000, payable to the

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1 Department;
2        (4) an employer who fails to post or provide the
3 required notice under subsection (g) of Section 35 shall
4 be subject to a penalty not to exceed $500, payable to the
5 Department; and
6        (5) an employer who commits any other violation of
7 this Act shall be subject to a penalty not to exceed
8 $10,000, payable to the Department.
9    In determining the amount of the penalty, the
10appropriateness of the penalty to the size of the business of
11the employer charged and the gravity of the violation shall be
12considered.
13    Each day during which any violation of this Act continues
14shall constitute a separate and distinct offense, and the
15employment of any minor in violation of the Act shall, with
16respect to each minor so employed, constitute a separate and
17distinct offense.
18    (b) Any administrative determination by the Department of
19the amount of each penalty shall be final unless reviewed as
20provided in Section 70.
21    (c) The amount of the penalty, when finally determined,
22may be recovered in a civil action brought by the Director in
23any circuit court, in which litigation the Director shall be
24represented by the Attorney General. In an action brought by
25the Department, the Department may request, and the Court may
26impose on a defendant employer, an additional civil penalty of

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1up to an amount equal to the penalties assessed by the
2Department to be distributed to an impacted minor. In an
3action concerning multiple minors, any such penalty imposed by
4the Court shall be distributed equally among the minors
5employed in violation of this Act by the defendant employer.
6    (d) Penalties recovered under this Section shall be paid
7by certified check, money order, or by an electronic payment
8system designated by the Department, and deposited into the
9Child Labor and Day and Temporary Labor Services Enforcement
10Fund, a special fund in the State treasury. Moneys in the Fund
11shall be used, subject to appropriation, for exemplary
12programs, demonstration projects, and other activities or
13purposes related to the enforcement of this Act, or for the
14activities or purposes related to the enforcement of the Day
15and Temporary Labor Services Act, or for the activities or
16purposes related to the enforcement of the Private Employment
17Agency Act, for the activities or purposes related to the
18enforcement of the Job Opportunities for Qualified Applicants
19Act, and for the activities or purposes related to the
20enforcement of the Family Bereavement Leave Act.
21(Source: P.A. 103-721, eff. 1-1-25.)
22
ARTICLE 35.
23    Section 35-5. The Energy Transition Act is amended by
24changing Section 5-55 as follows:

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1    (20 ILCS 730/5-55)
2    (Section scheduled to be repealed on September 15, 2045)
3    Sec. 5-55. Clean Energy Primes Contractor Accelerator
4Program.
5    (a) As used in this Section:
6    "Approved vendor" means the definition of that term used
7and as may be updated by the Illinois Power Agency.
8    "Minority business" means a minority-owned business as
9defined in Section 2 of the Business Enterprise for
10Minorities, Women, and Persons with Disabilities Act.
11    "Minority Business Enterprise certification" means the
12certification or recognition certification affidavit from the
13Commission on Equity and Inclusion's Business Enterprise
14Program or a program with equivalent requirements.
15    "Program" means the Clean Energy Primes Contractor
16Accelerator Program.
17    "Returning resident" has the meaning given to that term in
18Section 5-50 of this Act.
19    (b) Subject to appropriation, the Department shall
20develop, and through a Primes Program Administrator and
21Regional Primes Program Leads described in this Section,
22administer the Clean Energy Primes Contractor Accelerator
23Program. The Program shall be administered in 3 program
24delivery areas: the Northern Illinois Program Delivery Area
25covering Northern Illinois, the Central Illinois Program

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1Delivery Area covering Central Illinois, and the Southern
2Illinois Program Delivery Area covering Southern Illinois.
3Prior to developing the Program, the Department shall solicit
4public comments, with a 30-day comment period, to gather input
5on Program implementation and associated community outreach
6options.
7    (c) The Program shall be available to selected contractors
8who best meet the following criteria:
9        (1) 2 or more years of experience in a clean energy or
10 a related contracting field;
11        (2) at least $5,000 in annual business; and
12        (3) a substantial and demonstrated commitment of
13 investing in and partnering with individuals and
14 institutions in equity investment eligible communities.
15    (c-5) The Department shall develop scoring criteria to
16select contractors for the Program, which shall consider:
17        (1) projected hiring and industry job creation,
18 including wage and benefit expectations;
19        (2) a clear vision of strategic business growth and
20 how increased capitalization would benefit the business;
21        (3) past project work quality and demonstration of
22 technical knowledge;
23        (4) capacity the applicant is anticipated to bring to
24 project development;
25        (5) willingness to assume risk;
26        (6) anticipated revenues from future projects;

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1        (7) history of commitment to advancing equity as
2 demonstrated by, among other things, employment of or
3 ownership by equity investment eligible persons and a
4 history of partnership with equity focused community
5 organizations or government programs; and
6        (8) business models that build wealth in the larger
7 underserved community.
8    Applicants for Program participation shall be allowed to
9reapply for a future cohort if they are not selected, and the
10Primes Program Administrator shall inform each applicant of
11this option.
12    (d) The Department, in consultation with the Primes
13Program Administrator and Regional Primes Program Leads, shall
14select a new cohort of participant contractors from each
15Program Delivery Area every 18 months. Each regional cohort
16shall include between 3 and 5 participants. The Program shall
17cap contractors in the energy efficiency sector at 50% of
18available cohort spots and 50% of available grants and loans,
19if possible.
20    (e) The Department shall hire a Primes Program
21Administrator with relevant experience, including experience    
22in leading a large contractor-based business in Illinois;
23experience coaching and mentoring; experience working in the
24Illinois clean energy industry; or experience and working with
25equity investment eligible community members, organizations,
26and businesses.

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1    (f) The Department shall select 3 Regional Primes Program
2Leads who shall report directly to the Primes Program
3Administrator. The Regional Primes Program Leads shall be
4located within their Program Delivery Area and have experience
5in leading a large contractor-based business in Illinois;
6coaching and mentoring; the Illinois clean energy industry;
7developing relationships with companies in the Program
8Delivery Area; and working with equity investment eligible
9community members, organizations, and businesses.
10    (g) The Department may determine how Program elements will
11be delivered or may contract with organizations with
12experience delivering the Program elements described in
13subsection (h) of this Section.
14    (h) The Clean Energy Primes Contractor Accelerator Program
15shall provide participants with:
16        (1) a 5-year, 6-month progressive course of one-on-one
17 coaching to assist each participant in developing an
18 achievable 5-year business plan, including review of
19 monthly metrics, and advice on achieving participant's
20 goals;
21        (2) operational support grants not to exceed
22 $1,000,000 annually to support the growth of participant
23 contractors with access to capital for upfront project
24 costs and pre-development funding, among others. The
25 amount of the grant shall be based on anticipated project
26 size and scope;

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1        (3) business coaching based on the participant's
2 needs;
3        (4) a mentorship of approximately 2 years provided by
4 a qualified company in the participant's field;
5        (5) access to Clean Energy Contractor Incubator
6 Program services;
7        (6) assistance with applying for Minority Business
8 Enterprise certification and other relevant certifications
9 and approved vendor status for programs offered by
10 utilities or other entities;
11        (7) assistance with preparing bids and Request for
12 Proposal applications;
13        (8) opportunities to be listed in any relevant
14 directories and databases organized by the Commission on
15 Equity and Inclusion;
16        (9) opportunities to connect with participants in
17 other Department programs;
18        (10) assistance connecting with and initiating
19 participation in the Illinois Power Agency's Adjustable
20 Block program, the Illinois Solar for All Program, and
21 utility programs; and
22        (11) financial development assistance programs such as
23 zero-interest or and low-interest loans with the Climate
24 Bank as established by Article 850 of the Illinois Finance
25 Authority Act or a comparable financing mechanism. The
26 Illinois Finance Authority shall retain authority to

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1 determine loan repayment terms and conditions.
2    (i) The Primes Program Administrator shall:
3        (1) collect and report performance metrics as
4 described in this Section;
5        (2) review and assess:
6            (i) participant work plans and annual goals; and
7            (ii) the mentorship program, including approved
8 mentor companies and their stipend awards; and
9        (3) work with the Regional Primes Program Leads to
10 publicize the Program; design and implement a mentorship
11 program; and ensure participants are quickly on-boarded.
12    (j) The Regional Primes Program Leads shall:
13        (1) publicize the Program; the budget shall include
14 funds to pay community-based organizations with a track
15 record of working with equity investment eligible
16 communities to complete this work;
17        (2) recruit qualified Program applicants;
18        (3) assist Program applicants with the application
19 process;
20        (4) introduce participants to the Program offerings;
21        (5) conduct entry and annual assessments with
22 participants to identify training, coaching, and other
23 Program service needs;
24        (6) assist participants in developing goals on entry
25 and annually, and assessing progress toward meeting the
26 goals;

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1        (7) establish a metric reporting system with each
2 participant and track the metrics for progress against the
3 contractor's work plan and Program goals;
4        (8) assist participants in receiving their Minority
5 Business Enterprise certification and any other relevant
6 certifications and approved vendor statuses;
7        (9) match participants with Clean Energy Contractor
8 Incubator Program offerings and individualized expert
9 coaching, including training on working with returning
10 residents and companies that employ them;
11        (10) pair participants with a mentor company;
12        (11) facilitate connections between participants and
13 potential subcontractors and employees;
14        (12) dispense a participant's awarded operational
15 grant funding;
16        (13) connect participants to zero-interest or and    
17 low-interest loans from the Climate Bank as established by
18 Article 850 of the Illinois Finance Authority Act or a
19 comparable financing mechanism;
20        (14) encourage participants to apply for appropriate
21 State and private business opportunities;
22        (15) review a participant's progress and make a
23 recommendation to the Department about whether the
24 participant should continue in the Program, be considered
25 a Program graduate, and whether adjustments should be made
26 to a participant's grant funding, loans, and related

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1 services;
2        (16) solicit information from participants, which
3 participants shall be required to provide, necessary to
4 understand the participant's business, including financial
5 and income information, certifications that the
6 participant is seeking to obtain, and ownership, employee,
7 and subcontractor data, including compensation, length of
8 service, and demographics; and
9        (17) other duties as required.
10    (k) Performance metrics. The Primes Program Administrator
11and Regional Primes Program Leads shall collaborate to collect
12and report the following metrics quarterly to the Department
13and Advisory Council:
14        (1) demographic information on cohort recruiting and
15 formation, including racial, gender, geographic
16 distribution data, and data on the number and percentage
17 of R3 residents, environmental justice community
18 residents, foster care alumni, and formerly convicted
19 persons who are cohort applicants and admitted
20 participants;
21        (2) participant contractor engagement in other
22 Illinois clean energy programs such as the Adjustable
23 Block program, Illinois Solar for All Program, and the
24 utility-run energy efficiency and electric vehicle
25 programs;
26        (3) retention of participants in each cohort;

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1        (4) total projects bid, started, and completed by
2 participants, including information about revenue, hiring,
3 and subcontractor relationships with projects;
4        (5) certifications issued;
5        (6) employment data for contractor hires and industry
6 jobs created, including demographic, salary, length of
7 service, and geographic data;
8        (7) grants and loans distributed; and
9        (8) participant satisfaction with the Program.
10    The metrics in paragraphs (2), (4), and (6) shall be
11collected from Program participants and graduates for 10 years
12from their entrance into the Program to help the Department
13and Program Administrators understand the Program's long-term
14effect.
15    Data should be anonymized where needed to protect
16participant privacy.
17    The Department shall make such reports publicly available
18on its website.
19    (l) Mentorship Program.
20        (1) The Regional Primes Program Leads shall recruit,
21 and the Primes Program Administrator shall select, with
22 approval from the Department, private companies with the
23 following qualifications to mentor participants and assist
24 them in succeeding in the clean energy industry:
25            (i) excellent standing with state clean energy
26 programs;

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1            (ii) 4 or more years of experience in their field;
2 and
3            (iii) a proven track record of success in their
4 field.
5        (2) Mentor companies may receive a stipend, determined
6 by the Department, for their participation. Mentor
7 companies may identify what level of stipend they require.
8        (3) The Primes Program Administrator shall develop
9 guidelines for mentor company-mentee profit sharing or
10 purchased services agreements.
11        (4) The Regional Primes Program Leads shall:
12            (i) collaborate with mentor companies and
13 participants to create a plan for ongoing contact such
14 as on-the-job training, site walkthroughs, business
15 process and structure walkthroughs, quality assurance
16 and quality control reviews, and other relevant
17 activities;
18            (ii) recommend the mentor company-mentee pairings
19 and associated mentor company stipends for approval;
20            (iii) conduct an annual review of each mentor
21 company-mentee pairing and recommend whether the
22 pairing continues for a second year and the level of
23 stipend that is appropriate. The review shall also
24 ensure that any profit sharing and purchased services
25 agreements adhere to the guidelines established by the
26 Primes Program Administrator.

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1        (5) Contractors may request reassignment to a new
2 mentor company.
3    (m) Disparity study. The Program Administrator shall
4cooperate with the Illinois Power Agency in the conduct of a
5disparity study, as described in subsection (c-15) of Section
61-75 of the Illinois Power Agency Act, and in the effectuation
7of appropriate remedies necessary to address any
8discrimination that such study may find. Potential remedies
9shall include, but not be limited to, race-conscious remedies
10to rapidly eliminate discrimination faced by minority
11businesses and works in the industry this Program serves,
12consistent with the law. Remedies shall be developed through
13consultation with individuals, companies, and organizations
14that have expertise on discrimination faced in the market and
15potential legally permissible remedies for addressing it.
16Notwithstanding any other requirement of this Section, the
17Program Administrator shall modify program participation
18criteria or goals as soon as the report has been published, in
19such a way as is consistent with state and federal law, to
20rapidly eliminate discrimination on minority businesses and
21workers in the industry this Program serves by setting
22standards for Program participation. This study will be paid
23for with funds from the Energy Transition Assistance Fund or
24any other lawful source.
25    (n) Program budget.
26        (1) The Department may allocate up to $3,000,000

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1 annually to the Primes Program Administrator for each of
2 the 3 regional budgets from the Energy Transition
3 Assistance Fund.
4        (2) The Department Primes Program Administrator shall
5 work with the Illinois Finance Authority and the Climate
6 Bank as established by Article 850 of the Illinois Finance
7 Authority Act or comparable financing institution so that
8 loan loss reserves or other financial assistance may be
9 sufficient to underwrite up to $7,000,000 in zero-interest
10 or low-interest loans in each of the 3 Program delivery
11 areas. The Department may grant funding to the Illinois
12 Finance Authority from moneys in the Energy Transition
13 Assistance Fund for the financial assistance described in
14 this Section.    
15        (3) Any grant and loan funding shall be made available
16 to participants in a timely fashion.
17(Source: P.A. 102-662, eff. 9-15-21; 103-961, eff. 8-9-24.)
18    Section 35-10. The State Finance Act is amended by
19changing Section 5g as follows:
20    (30 ILCS 105/5g)    (from Ch. 127, par. 141g)
21    Sec. 5g. (a) After July 1, 1991, the General Assembly
22shall direct the transfer from the General Revenue Fund to the
23Road Fund of the sum of $36,000,000, or so much thereof as may
24be necessary, so that after such transfer the total

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1expenditures for the fiscal year beginning July 1, 1990 for
2the Division of State Troopers from the Road Fund do not exceed
3the amount appropriated in fiscal year 1990 for the Division
4of State Troopers. Such transfers shall be completed no later
5than June 30, 1992.
6    (b) If the General Assembly has not completed the
7transfers required under subsection (a) of this Section on or
8before June 30, 1992, and if the General Revenue Fund balance
9is $250 million or greater on June 30, 1992 or June 30th of any
10year thereafter, on July 1 of the fiscal year immediately
11following the fiscal year which has a June 30th balance of $250
12million or greater, the Comptroller shall order the transfer
13and the Treasurer shall transfer from the General Revenue Fund
14to the Road Fund one-twelfth of the amount remaining to be
15transferred on July 15, 1992, with such transfers continuing
16on the first of each month thereafter until the total
17transfers required to be made by this Section have been
18completed.
19    (c) In addition to any other transfers that may be
20provided for by law, on July 1, 2025, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $8,000,000 from the Road
23Fund to the Illinois State Police Federal Projects Fund to be
24used for purposes consistent with Section 11 of Article IX of
25the Illinois Constitution.    
26(Source: P.A. 86-1159; 87-860.)

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1
ARTICLE 40.
2    Section 40-5. The School Code is amended by changing
3Sections 14-7.02 and 18-8.15 as follows:
4    (105 ILCS 5/14-7.02)    (from Ch. 122, par. 14-7.02)
5    Sec. 14-7.02. Children attending private special education
6schools, separate public special education day schools, public
7out-of-state schools, public school residential facilities, or
8private special education facilities.
9    (a) The General Assembly recognizes that non-public
10schools or special education facilities provide an important
11service in the educational system in Illinois.
12    (b) If a student's individualized education program (IEP)
13team determines that because of his or her disability the
14special education program of a district is unable to meet the
15needs of the child and the child attends a non-public school or
16special education facility, a public out-of-state school or a
17special education facility owned and operated by a county
18government unit that provides special educational services
19required by the child and is in compliance with the
20appropriate rules and regulations of the State Superintendent
21of Education, the school district in which the child is a
22resident shall pay the actual cost of tuition for special
23education and related services provided during the regular

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1school term and during the summer school term if the child's
2educational needs so require, excluding room, board and
3transportation costs charged the child by that non-public
4school or special education facility, public out-of-state
5school or county special education facility, or $4,500 per
6year, whichever is less, and shall provide him any necessary
7transportation. "Nonpublic special education facility" shall
8include a residential facility, within or without the State of
9Illinois, which provides special education and related
10services to meet the needs of the child by utilizing private
11schools or public schools, whether located on the site or off
12the site of the residential facility. Resident district
13financial responsibility and reimbursement applies for both
14nonpublic special education facilities that are approved by
15the State Board of Education pursuant to 23 Ill. Adm. Code 401
16or other applicable laws or rules and for emergency
17residential placements in nonpublic special education
18facilities that are not approved by the State Board of
19Education pursuant to 23 Ill. Adm. Code 401 or other
20applicable laws or rules, subject to the requirements of this
21Section.
22    (c) Prior to the placement of a child in an out-of-state
23special education residential facility, the school district
24must refer to the child or the child's parent or guardian the
25option to place the child in a special education residential
26facility located within this State, if any, that provides

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1treatment and services comparable to those provided by the
2out-of-state special education residential facility. The
3school district must review annually the placement of a child
4in an out-of-state special education residential facility. As
5a part of the review, the school district must refer to the
6child or the child's parent or guardian the option to place the
7child in a comparable special education residential facility
8located within this State, if any.
9    (c-5) Before a provider that operates a nonpublic special
10education facility terminates a student's placement in that
11facility, the provider must request an IEP meeting from the
12contracting school district. If the provider elects to
13terminate the student's placement following the IEP meeting,
14the provider must give written notice to this effect to the
15parent or guardian, the contracting public school district,
16and the State Board of Education no later than 20 business days
17before the date of termination, unless the health and safety
18of any student are endangered. The notice must include the
19detailed reasons for the termination and any actions taken to
20address the reason for the termination.
21    (d) Payments shall be made by the resident school district
22to the entity providing the educational services, whether the
23entity is the nonpublic special education facility or the
24school district wherein the facility is located, no less than
25once per quarter, unless otherwise agreed to in writing by the
26parties.

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1    (e) A school district may residentially place a student in
2a nonpublic special education facility providing educational
3services, but not approved by the State Board of Education
4pursuant to 23 Ill. Adm. Code 401 or other applicable laws or
5rules, provided that the State Board of Education provides an
6emergency and student-specific approval for residential
7placement. The State Board of Education shall promptly, within
810 days after the request, approve a request for emergency and
9student-specific approval for residential placement if the
10following have been demonstrated to the State Board of
11Education:
12        (1) the facility demonstrates appropriate licensure of
13 teachers for the student population;
14        (2) the facility demonstrates age-appropriate
15 curriculum;
16        (3) the facility provides enrollment and attendance
17 data;
18        (4) the facility demonstrates the ability to implement
19 the child's IEP; and
20        (5) the school district demonstrates that it made good
21 faith efforts to residentially place the student in an
22 approved facility, but no approved facility has accepted
23 the student or has availability for immediate residential
24 placement of the student.
25A resident school district may also submit such proof to the
26State Board of Education as may be required for its student.

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1The State Board of Education may not unreasonably withhold
2approval once satisfactory proof is provided to the State
3Board.
4    (f) If an impartial due process hearing officer who is
5contracted by the State Board of Education pursuant to this
6Article orders placement of a student with a disability in a
7residential facility that is not approved by the State Board
8of Education, then, for purposes of this Section, the facility
9shall be deemed approved for placement and school district
10payments and State reimbursements shall be made accordingly.
11    (g) Emergency residential placement in a facility approved
12pursuant to subsection (e) or (f) may continue to be utilized
13so long as (i) the student's IEP team determines annually that
14such placement continues to be appropriate to meet the
15student's needs and (ii) at least every 3 years following the
16student's residential placement, the IEP team reviews
17appropriate placements approved by the State Board of
18Education pursuant to 23 Ill. Adm. Code 401 or other
19applicable laws or rules to determine whether there are any
20approved placements that can meet the student's needs, have
21accepted the student, and have availability for placement of
22the student.
23    (h) The State Board of Education shall promulgate rules
24and regulations for determining when placement in a private
25special education facility is appropriate. Such rules and
26regulations shall take into account the various types of

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1services needed by a child and the availability of such
2services to the particular child in the public school. In
3developing these rules and regulations the State Board of
4Education shall consult with the Advisory Council on Education
5of Children with Disabilities and hold public hearings to
6secure recommendations from parents, school personnel, and
7others concerned about this matter.
8    The State Board of Education shall also promulgate rules
9and regulations for transportation to and from a residential
10school. Transportation to and from home to a residential
11school more than once each school term shall be subject to
12prior approval by the State Superintendent in accordance with
13the rules and regulations of the State Board.
14    (i) A school district making tuition payments pursuant to
15this Section is eligible for reimbursement from the State for
16the amount of such payments actually made in excess of the
17district per capita tuition charge for students not receiving
18special education services. Such reimbursement shall be
19approved in accordance with Section 14-12.01 and each district
20shall file its claims, computed in accordance with rules
21prescribed by the State Board of Education, on forms
22prescribed by the State Superintendent of Education. Data used
23as a basis of reimbursement claims shall be for the preceding
24regular school term and summer school term. Each school
25district shall transmit its claims to the State Board of
26Education on or before August 15. However, for claims payable

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1in Fiscal Year 2026, each school district shall transmit its
2claims to the State Board of Education on or before September
315. The State Board of Education, before approving any such
4claims, shall determine their accuracy and whether they are
5based upon services and facilities provided under approved
6programs. Upon approval the State Board shall cause vouchers
7to be prepared showing the amount due for payment of
8reimbursement claims to school districts, for transmittal to
9the State Comptroller on the 30th day of September, December,
10and March, respectively, and the final voucher, no later than
11June 20. However, for vouchers payable in Fiscal Year 2026,
12upon approval the State Board of Education shall cause
13vouchers to be prepared showing the amount due for payment of
14reimbursement claims to school districts, for transmittal to
15the State Comptroller on the 30th day of November, December,
16and March, respectively, and the final voucher, no later than
17June 20. If the money appropriated by the General Assembly for
18such purpose for any year is insufficient, it shall be
19apportioned on the basis of the claims approved.
20    (j) No child shall be placed in a special education
21program pursuant to this Section if the tuition cost for
22special education and related services increases more than 10
23percent over the tuition cost for the previous school year or
24exceeds $4,500 per year unless such costs have been approved
25by the Illinois Purchased Care Review Board. The Illinois
26Purchased Care Review Board shall consist of the following

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1persons, or their designees: the Directors of Children and
2Family Services, Public Health, Public Aid, and the Governor's
3Office of Management and Budget; the Secretary of Human
4Services; the State Superintendent of Education; and such
5other persons as the Governor may designate. The Review Board
6shall also consist of one non-voting member who is an
7administrator of a private, nonpublic, special education
8school, one non-voting member who is an administrator of a
9separate public special education day school, and one
10non-voting member from a State agency that administers and
11provides early childhood education and care programs and
12services to children and families. The Review Board shall
13establish rules and regulations for its determination of
14allowable costs and payments made by local school districts
15for special education, room and board, and other related
16services provided by non-public schools, separate public
17special education day schools, or special education facilities
18and shall establish uniform standards and criteria which it
19shall follow. The Review Board shall approve the usual and
20customary rate or rates of a special education program that
21(i) is offered by an out-of-state, non-public provider of
22integrated autism specific educational and autism specific
23residential services, (ii) offers 2 or more levels of
24residential care, including at least one locked facility, and
25(iii) serves 12 or fewer Illinois students.
26    (k) In determining rates based on allowable costs, the

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1Review Board shall consider any wage increases awarded by the
2General Assembly to front line personnel defined as direct
3support persons, aides, front-line supervisors, qualified
4intellectual disabilities professionals, nurses, and
5non-administrative support staff working in service settings
6in community-based settings within the State and adjust
7customary rates or rates of a special education program to be
8equitable to the wage increase awarded to similar staff
9positions in a community residential setting. Any wage
10increase awarded by the General Assembly to front line
11personnel defined as direct support persons, aides, front-line
12supervisors, qualified intellectual disabilities
13professionals, nurses, and non-administrative support staff
14working in community-based settings within the State,
15including the $0.75 per hour increase contained in Public Act
16100-23 and the $0.50 per hour increase included in Public Act
17100-23, shall also be a basis for any facility covered by this
18Section to appeal its rate before the Review Board under the
19process defined in Title 89, Part 900, Section 340 of the
20Illinois Administrative Code. Illinois Administrative Code
21Title 89, Part 900, Section 342 shall be updated to recognize
22wage increases awarded to community-based settings to be a
23basis for appeal. However, any wage increase that is captured
24upon appeal from a previous year shall not be counted by the
25Review Board as revenue for the purpose of calculating a
26facility's future rate.

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1    (l) Any definition used by the Review Board in
2administrative rule or policy to define "related
3organizations" shall include any and all exceptions contained
4in federal law or regulation as it pertains to the federal
5definition of "related organizations".
6    (m) The Review Board shall establish uniform definitions
7and criteria for accounting separately by special education,
8room and board and other related services costs. The Board
9shall also establish guidelines for the coordination of
10services and financial assistance provided by all State
11agencies to assure that no otherwise qualified child with a
12disability receiving services under Article 14 shall be
13excluded from participation in, be denied the benefits of or
14be subjected to discrimination under any program or activity
15provided by any State agency.
16    (n) The Review Board shall review the costs for special
17education and related services provided by non-public schools,
18separate public special education day schools, or special
19education facilities and shall approve or disapprove such
20facilities in accordance with the rules and regulations
21established by it with respect to allowable costs.
22    (o) The State Board of Education shall provide
23administrative and staff support for the Review Board as
24deemed reasonable by the State Superintendent of Education.
25This support shall not include travel expenses or other
26compensation for any Review Board member other than the State

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1Superintendent of Education.
2    (p) The Review Board shall seek the advice of the Advisory
3Council on Education of Children with Disabilities on the
4rules and regulations to be promulgated by it relative to
5providing special education services.
6    (q) If a child has been placed in a program in which the
7actual per pupil costs of tuition for special education and
8related services based on program enrollment, excluding room,
9board and transportation costs, exceed $4,500 and such costs
10have been approved by the Review Board, the district shall pay
11such total costs which exceed $4,500. A district making such
12tuition payments in excess of $4,500 pursuant to this Section
13shall be responsible for an amount in excess of $4,500 equal to
14the district per capita tuition charge and shall be eligible
15for reimbursement from the State for the amount of such
16payments actually made in excess of the district's per capita
17tuition charge for students not receiving special education
18services. If a child has been placed in a private special
19education school, separate public special education day
20school, or private special education facility, a district
21making tuition payments in excess of $4,500 pursuant to this
22Section shall be responsible for an amount in excess of $4,500
23equal to 2 times the district's per capita tuition charge and
24shall be eligible for reimbursement from the State for the
25amount of such payments actually made in excess of 2 times the
26district's per capita tuition charge for students not

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1receiving special education services.
2    (r) If a child has been placed in an approved individual
3program and the tuition costs including room and board costs
4have been approved by the Review Board, then such room and
5board costs shall be paid by the appropriate State agency
6subject to the provisions of Section 14-8.01 of this Act. Room
7and board costs not provided by a State agency other than the
8State Board of Education shall be provided by the State Board
9of Education on a current basis. In no event, however, shall
10the State's liability for funding of these tuition costs begin
11until after the legal obligations of third party payors have
12been subtracted from such costs. If the money appropriated by
13the General Assembly for such purpose for any year is
14insufficient, it shall be apportioned on the basis of the
15claims approved. Each district shall submit estimated claims
16to the State Superintendent of Education. Upon approval of
17such claims, the State Superintendent of Education shall
18direct the State Comptroller to make payments on a monthly
19basis. The frequency for submitting estimated claims and the
20method of determining payment shall be prescribed in rules and
21regulations adopted by the State Board of Education. Such
22current state reimbursement shall be reduced by an amount
23equal to the proceeds which the child or child's parents are
24eligible to receive under any public or private insurance or
25assistance program. Nothing in this Section shall be construed
26as relieving an insurer or similar third party from an

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1otherwise valid obligation to provide or to pay for services
2provided to a child with a disability.
3    (s) If it otherwise qualifies, a school district is
4eligible for the transportation reimbursement under Section
514-13.01 and for the reimbursement of tuition payments under
6this Section whether the non-public school or special
7education facility, public out-of-state school or county
8special education facility, attended by a child who resides in
9that district and requires special educational services, is
10within or outside of the State of Illinois. However, a
11district is not eligible to claim transportation reimbursement
12under this Section unless the district certifies to the State
13Superintendent of Education that the district is unable to
14provide special educational services required by the child for
15the current school year.
16    (t) Nothing in this Section authorizes the reimbursement
17of a school district for the amount paid for tuition of a child
18attending a non-public school or special education facility, a
19public special education facility, a public out-of-state
20school, or a county special education facility unless the
21school district certifies to the State Superintendent of
22Education that the special education program of that district
23is unable to meet the needs of that child because of the
24child's disability and the State Superintendent of Education
25finds that the school district is in substantial compliance
26with Section 14-4.01. However, if a child is unilaterally

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1placed by a State agency or any court in a non-public school or
2special education facility, public out-of-state school, or
3county special education facility, a school district shall not
4be required to certify to the State Superintendent of
5Education, for the purpose of tuition reimbursement, that the
6special education program of that district is unable to meet
7the needs of a child because of his or her disability.
8    (u) Any educational or related services provided, pursuant
9to this Section in a non-public school or special education
10facility or a special education facility owned and operated by
11a county government unit shall be at no cost to the parent or
12guardian of the child. However, current law and practices
13relative to contributions by parents or guardians for costs
14other than educational or related services are not affected by
15this amendatory Act of 1978.
16    (v) Reimbursement for children attending public school
17residential facilities shall be made in accordance with the
18provisions of this Section.
19    (w) Notwithstanding any other provision of law, any school
20district receiving a payment under this Section or under
21Section 14-7.02b, 14-13.01, or 29-5 of this Code may classify
22all or a portion of the funds that it receives in a particular
23fiscal year or from general State aid pursuant to Section
2418-8.05 of this Code as funds received in connection with any
25funding program for which it is entitled to receive funds from
26the State in that fiscal year (including, without limitation,

10400HB1075sam003- 574 -LRB104 03072 JDS 27160 a
1any funding program referenced in this Section), regardless of
2the source or timing of the receipt. The district may not
3classify more funds as funds received in connection with the
4funding program than the district is entitled to receive in
5that fiscal year for that program. Any classification by a
6district must be made by a resolution of its board of
7education. The resolution must identify the amount of any
8payments or general State aid to be classified under this
9paragraph and must specify the funding program to which the
10funds are to be treated as received in connection therewith.
11This resolution is controlling as to the classification of
12funds referenced therein. A certified copy of the resolution
13must be sent to the State Superintendent of Education. The
14resolution shall still take effect even though a copy of the
15resolution has not been sent to the State Superintendent of
16Education in a timely manner. No classification under this
17paragraph by a district shall affect the total amount or
18timing of money the district is entitled to receive under this
19Code. No classification under this paragraph by a district
20shall in any way relieve the district from or affect any
21requirements that otherwise would apply with respect to that
22funding program, including any accounting of funds by source,
23reporting expenditures by original source and purpose,
24reporting requirements, or requirements of providing services.
25    (x) The State Board of Education may adopt such rules as
26may be necessary to implement this Section.

10400HB1075sam003- 575 -LRB104 03072 JDS 27160 a
1(Source: P.A. 102-254, eff. 8-6-21; 102-703, eff. 4-22-22;
2103-175, eff. 6-30-23; 103-546, eff. 8-11-23; 103-605, eff.
37-1-24; 103-644, eff. 7-1-24.)
4    (105 ILCS 5/18-8.15)
5    Sec. 18-8.15. Evidence-Based Funding for student success
6for the 2017-2018 and subsequent school years.
7    (a) General provisions.
8        (1) The purpose of this Section is to ensure that, by
9 June 30, 2027 and beyond, this State has a kindergarten
10 through grade 12 public education system with the capacity
11 to ensure the educational development of all persons to
12 the limits of their capacities in accordance with Section
13 1 of Article X of the Constitution of the State of
14 Illinois. To accomplish that objective, this Section
15 creates a method of funding public education that is
16 evidence-based; is sufficient to ensure every student
17 receives a meaningful opportunity to learn irrespective of
18 race, ethnicity, sexual orientation, gender, or
19 community-income level; and is sustainable and
20 predictable. When fully funded under this Section, every
21 school shall have the resources, based on what the
22 evidence indicates is needed, to:
23            (A) provide all students with a high quality
24 education that offers the academic, enrichment, social
25 and emotional support, technical, and career-focused

10400HB1075sam003- 576 -LRB104 03072 JDS 27160 a
1 programs that will allow them to become competitive
2 workers, responsible parents, productive citizens of
3 this State, and active members of our national
4 democracy;
5            (B) ensure all students receive the education they
6 need to graduate from high school with the skills
7 required to pursue post-secondary education and
8 training for a rewarding career;
9            (C) reduce, with a goal of eliminating, the
10 achievement gap between at-risk and non-at-risk
11 students by raising the performance of at-risk
12 students and not by reducing standards; and
13            (D) ensure this State satisfies its obligation to
14 assume the primary responsibility to fund public
15 education and simultaneously relieve the
16 disproportionate burden placed on local property taxes
17 to fund schools.
18        (2) The Evidence-Based Funding formula under this
19 Section shall be applied to all Organizational Units in
20 this State. The Evidence-Based Funding formula outlined in
21 this Act is based on the formula outlined in Senate Bill 1
22 of the 100th General Assembly, as passed by both
23 legislative chambers. As further defined and described in
24 this Section, there are 4 major components of the
25 Evidence-Based Funding model:
26            (A) First, the model calculates a unique Adequacy

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1 Target for each Organizational Unit in this State that
2 considers the costs to implement research-based
3 activities, the unit's student demographics, and
4 regional wage differences.
5            (B) Second, the model calculates each
6 Organizational Unit's Local Capacity, or the amount
7 each Organizational Unit is assumed to contribute
8 toward its Adequacy Target from local resources.
9            (C) Third, the model calculates how much funding
10 the State currently contributes to the Organizational
11 Unit and adds that to the unit's Local Capacity to
12 determine the unit's overall current adequacy of
13 funding.
14            (D) Finally, the model's distribution method
15 allocates new State funding to those Organizational
16 Units that are least well-funded, considering both
17 Local Capacity and State funding, in relation to their
18 Adequacy Target.
19        (3) An Organizational Unit receiving any funding under
20 this Section may apply those funds to any fund so received
21 for which that Organizational Unit is authorized to make
22 expenditures by law.
23        (4) As used in this Section, the following terms shall
24 have the meanings ascribed in this paragraph (4):
25        "Adequacy Target" is defined in paragraph (1) of
26 subsection (b) of this Section.

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1        "Adjusted EAV" is defined in paragraph (4) of
2 subsection (d) of this Section.
3        "Adjusted Local Capacity Target" is defined in
4 paragraph (3) of subsection (c) of this Section.
5        "Adjusted Operating Tax Rate" means a tax rate for all
6 Organizational Units, for which the State Superintendent
7 shall calculate and subtract for the Operating Tax Rate a
8 transportation rate based on total expenses for
9 transportation services under this Code, as reported on
10 the most recent Annual Financial Report in Pupil
11 Transportation Services, function 2550 in both the
12 Education and Transportation funds and functions 4110 and
13 4120 in the Transportation fund, less any corresponding
14 fiscal year State of Illinois scheduled payments excluding
15 net adjustments for prior years for regular, vocational,
16 or special education transportation reimbursement pursuant
17 to Section 29-5 or subsection (b) of Section 14-13.01 of
18 this Code divided by the Adjusted EAV. If an
19 Organizational Unit's corresponding fiscal year State of
20 Illinois scheduled payments excluding net adjustments for
21 prior years for regular, vocational, or special education
22 transportation reimbursement pursuant to Section 29-5 or
23 subsection (b) of Section 14-13.01 of this Code exceed the
24 total transportation expenses, as defined in this
25 paragraph, no transportation rate shall be subtracted from
26 the Operating Tax Rate.

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1        "Allocation Rate" is defined in paragraph (3) of
2 subsection (g) of this Section.
3        "Alternative School" means a public school that is
4 created and operated by a regional superintendent of
5 schools and approved by the State Board.
6        "Applicable Tax Rate" is defined in paragraph (1) of
7 subsection (d) of this Section.
8        "Assessment" means any of those benchmark, progress
9 monitoring, formative, diagnostic, and other assessments,
10 in addition to the State accountability assessment, that
11 assist teachers' needs in understanding the skills and
12 meeting the needs of the students they serve.
13        "Assistant principal" means a school administrator
14 duly endorsed to be employed as an assistant principal in
15 this State.
16        "At-risk student" means a student who is at risk of
17 not meeting the Illinois Learning Standards or not
18 graduating from elementary or high school and who
19 demonstrates a need for vocational support or social
20 services beyond that provided by the regular school
21 program. All students included in an Organizational Unit's
22 Low-Income Count, as well as all English learner and
23 disabled students attending the Organizational Unit, shall
24 be considered at-risk students under this Section.
25        "Average Student Enrollment" or "ASE" for fiscal year
26 2018 means, for an Organizational Unit, the greater of the

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1 average number of students (grades K through 12) reported
2 to the State Board as enrolled in the Organizational Unit
3 on October 1 in the immediately preceding school year,
4 plus the pre-kindergarten students who receive special
5 education services of 2 or more hours a day as reported to
6 the State Board on December 1 in the immediately preceding
7 school year, or the average number of students (grades K
8 through 12) reported to the State Board as enrolled in the
9 Organizational Unit on October 1, plus the
10 pre-kindergarten students who receive special education
11 services of 2 or more hours a day as reported to the State
12 Board on December 1, for each of the immediately preceding
13 3 school years. For fiscal year 2019 and each subsequent
14 fiscal year, "Average Student Enrollment" or "ASE" means,
15 for an Organizational Unit, the greater of the average
16 number of students (grades K through 12) reported to the
17 State Board as enrolled in the Organizational Unit on
18 October 1 and March 1 in the immediately preceding school
19 year, plus the pre-kindergarten students who receive
20 special education services as reported to the State Board
21 on October 1 and March 1 in the immediately preceding
22 school year, or the average number of students (grades K
23 through 12) reported to the State Board as enrolled in the
24 Organizational Unit on October 1 and March 1, plus the
25 pre-kindergarten students who receive special education
26 services as reported to the State Board on October 1 and

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1 March 1, for each of the immediately preceding 3 school
2 years. For the purposes of this definition, "enrolled in
3 the Organizational Unit" means the number of students
4 reported to the State Board who are enrolled in schools
5 within the Organizational Unit that the student attends or
6 would attend if not placed or transferred to another
7 school or program to receive needed services. For the
8 purposes of calculating "ASE", all students, grades K
9 through 12, excluding those attending kindergarten for a
10 half day and students attending an alternative education
11 program operated by a regional office of education or
12 intermediate service center, shall be counted as 1.0. All
13 students attending kindergarten for a half day shall be
14 counted as 0.5, unless in 2017 by June 15 or by March 1 in
15 subsequent years, the school district reports to the State
16 Board of Education the intent to implement full-day
17 kindergarten district-wide for all students, then all
18 students attending kindergarten shall be counted as 1.0.
19 Special education pre-kindergarten students shall be
20 counted as 0.5 each. If the State Board does not collect or
21 has not collected both an October 1 and March 1 enrollment
22 count by grade or a December 1 collection of special
23 education pre-kindergarten students as of August 31, 2017
24 (the effective date of Public Act 100-465), it shall
25 establish such collection for all future years. For any
26 year in which a count by grade level was collected only

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1 once, that count shall be used as the single count
2 available for computing a 3-year average ASE. Funding for
3 programs operated by a regional office of education or an
4 intermediate service center must be calculated using the
5 Evidence-Based Funding formula under this Section for the
6 2019-2020 school year and each subsequent school year
7 until separate adequacy formulas are developed and adopted
8 for each type of program. ASE for a program operated by a
9 regional office of education or an intermediate service
10 center must be determined by the March 1 enrollment for
11 the program. For the 2019-2020 school year, the ASE used
12 in the calculation must be the first-year ASE and, in that
13 year only, the assignment of students served by a regional
14 office of education or intermediate service center shall
15 not result in a reduction of the March enrollment for any
16 school district. For the 2020-2021 school year, the ASE
17 must be the greater of the current-year ASE or the 2-year
18 average ASE. Beginning with the 2021-2022 school year, the
19 ASE must be the greater of the current-year ASE or the
20 3-year average ASE. School districts shall submit the data
21 for the ASE calculation to the State Board within 45 days
22 of the dates required in this Section for submission of
23 enrollment data in order for it to be included in the ASE
24 calculation. For fiscal year 2018 only, the ASE
25 calculation shall include only enrollment taken on October
26 1. In recognition of the impact of COVID-19, the

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1 definition of "Average Student Enrollment" or "ASE" shall
2 be adjusted for calculations under this Section for fiscal
3 years 2022 through 2024. For fiscal years 2022 through
4 2024, the enrollment used in the calculation of ASE
5 representing the 2020-2021 school year shall be the
6 greater of the enrollment for the 2020-2021 school year or
7 the 2019-2020 school year.
8        "Base Funding Guarantee" is defined in paragraph (10)
9 of subsection (g) of this Section.
10        "Base Funding Minimum" is defined in subsection (e) of
11 this Section.
12        "Base Tax Year" means the property tax levy year used
13 to calculate the Budget Year allocation of primary State
14 aid.
15        "Base Tax Year's Extension" means the product of the
16 equalized assessed valuation utilized by the county clerk
17 in the Base Tax Year multiplied by the limiting rate as
18 calculated by the county clerk and defined in PTELL.
19        "Bilingual Education Allocation" means the amount of
20 an Organizational Unit's final Adequacy Target
21 attributable to bilingual education divided by the
22 Organizational Unit's final Adequacy Target, the product
23 of which shall be multiplied by the amount of new funding
24 received pursuant to this Section. An Organizational
25 Unit's final Adequacy Target attributable to bilingual
26 education shall include all additional investments in

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1 English learner students' adequacy elements.
2        "Budget Year" means the school year for which primary
3 State aid is calculated and awarded under this Section.
4        "Central office" means individual administrators and
5 support service personnel charged with managing the
6 instructional programs, business and operations, and
7 security of the Organizational Unit.
8        "Comparable Wage Index" or "CWI" means a regional cost
9 differentiation metric that measures systemic, regional
10 variations in the salaries of college graduates who are
11 not educators. The CWI utilized for this Section shall,
12 for the first 3 years of Evidence-Based Funding
13 implementation, be the CWI initially developed by the
14 National Center for Education Statistics, as most recently
15 updated by Texas A & M University. In the fourth and
16 subsequent years of Evidence-Based Funding implementation,
17 the State Superintendent shall re-determine the CWI using
18 the a similar methodology to that identified in a
19 comparable wage index the Texas A & M University study
20 developed by the University of Illinois, with adjustments
21 made no less frequently than once every 5 years.
22        "Computer technology and equipment" means computers
23 servers, notebooks, network equipment, copiers, printers,
24 instructional software, security software, curriculum
25 management courseware, and other similar materials and
26 equipment.

10400HB1075sam003- 585 -LRB104 03072 JDS 27160 a
1        "Computer technology and equipment investment
2 allocation" means the final Adequacy Target amount of an
3 Organizational Unit assigned to Tier 1 or Tier 2 in the
4 prior school year attributable to the additional $285.50
5 per student computer technology and equipment investment
6 grant divided by the Organizational Unit's final Adequacy
7 Target, the result of which shall be multiplied by the
8 amount of new funding received pursuant to this Section.
9 An Organizational Unit assigned to a Tier 1 or Tier 2 final
10 Adequacy Target attributable to the received computer
11 technology and equipment investment grant shall include
12 all additional investments in computer technology and
13 equipment adequacy elements.
14        "Core subject" means mathematics; science; reading,
15 English, writing, and language arts; history and social
16 studies; world languages; and subjects taught as Advanced
17 Placement in high schools.
18        "Core teacher" means a regular classroom teacher in
19 elementary schools and teachers of a core subject in
20 middle and high schools.
21        "Core Intervention teacher (tutor)" means a licensed
22 teacher providing one-on-one or small group tutoring to
23 students struggling to meet proficiency in core subjects.
24        "CPPRT" means corporate personal property replacement
25 tax funds paid to an Organizational Unit during the
26 calendar year one year before the calendar year in which a

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1 school year begins, pursuant to "An Act in relation to the
2 abolition of ad valorem personal property tax and the
3 replacement of revenues lost thereby, and amending and
4 repealing certain Acts and parts of Acts in connection
5 therewith", certified August 14, 1979, as amended (Public
6 Act 81-1st S.S.-1).
7        "EAV" means equalized assessed valuation as defined in
8 paragraph (2) of subsection (d) of this Section and
9 calculated in accordance with paragraph (3) of subsection
10 (d) of this Section.
11        "ECI" means the Bureau of Labor Statistics' national
12 employment cost index for civilian workers in educational
13 services in elementary and secondary schools on a
14 cumulative basis for the 12-month calendar year preceding
15 the fiscal year of the Evidence-Based Funding calculation.
16        "EIS Data" means the employment information system
17 data maintained by the State Board on educators within
18 Organizational Units.
19        "Employee benefits" means health, dental, and vision
20 insurance offered to employees of an Organizational Unit,
21 the costs associated with the statutorily required payment
22 of the normal cost of the Organizational Unit's teacher
23 pensions, Social Security employer contributions, and
24 Illinois Municipal Retirement Fund employer contributions.
25        "English learner" or "EL" means a child included in
26 the definition of "English learners" under Section 14C-2

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1 of this Code participating in a program of transitional
2 bilingual education or a transitional program of
3 instruction meeting the requirements and program
4 application procedures of Article 14C of this Code. For
5 the purposes of collecting the number of EL students
6 enrolled, the same collection and calculation methodology
7 as defined above for "ASE" shall apply to English
8 learners, with the exception that EL student enrollment
9 shall include students in grades pre-kindergarten through
10 12.
11        "Essential Elements" means those elements, resources,
12 and educational programs that have been identified through
13 academic research as necessary to improve student success,
14 improve academic performance, close achievement gaps, and
15 provide for other per student costs related to the
16 delivery and leadership of the Organizational Unit, as
17 well as the maintenance and operations of the unit, and
18 which are specified in paragraph (2) of subsection (b) of
19 this Section.
20        "Evidence-Based Funding" means State funding provided
21 to an Organizational Unit pursuant to this Section.
22        "Extended day" means academic and enrichment programs
23 provided to students outside the regular school day before
24 and after school or during non-instructional times during
25 the school day.
26        "Extension Limitation Ratio" means a numerical ratio

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1 in which the numerator is the Base Tax Year's Extension
2 and the denominator is the Preceding Tax Year's Extension.
3        "Final Percent of Adequacy" is defined in paragraph
4 (4) of subsection (f) of this Section.
5        "Final Resources" is defined in paragraph (3) of
6 subsection (f) of this Section.
7        "Full-time equivalent" or "FTE" means the full-time
8 equivalency compensation for staffing the relevant
9 position at an Organizational Unit.
10        "Funding Gap" is defined in paragraph (1) of
11 subsection (g).
12        "Hybrid District" means a partial elementary unit
13 district created pursuant to Article 11E of this Code.
14        "Instructional assistant" means a core or special
15 education, non-licensed employee who assists a teacher in
16 the classroom and provides academic support to students.
17        "Instructional facilitator" means a qualified teacher
18 or licensed teacher leader who facilitates and coaches
19 continuous improvement in classroom instruction; provides
20 instructional support to teachers in the elements of
21 research-based instruction or demonstrates the alignment
22 of instruction with curriculum standards and assessment
23 tools; develops or coordinates instructional programs or
24 strategies; develops and implements training; chooses
25 standards-based instructional materials; provides
26 teachers with an understanding of current research; serves

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1 as a mentor, site coach, curriculum specialist, or lead
2 teacher; or otherwise works with fellow teachers, in
3 collaboration, to use data to improve instructional
4 practice or develop model lessons.
5        "Instructional materials" means relevant
6 instructional materials for student instruction,
7 including, but not limited to, textbooks, consumable
8 workbooks, laboratory equipment, library books, and other
9 similar materials.
10        "Laboratory School" means a public school that is
11 created and operated by a public university and approved
12 by the State Board.
13        "Librarian" means a teacher with an endorsement as a
14 library information specialist or another individual whose
15 primary responsibility is overseeing library resources
16 within an Organizational Unit.
17        "Limiting rate for Hybrid Districts" means the
18 combined elementary school and high school limiting rates.
19        "Local Capacity" is defined in paragraph (1) of
20 subsection (c) of this Section.
21        "Local Capacity Percentage" is defined in subparagraph
22 (A) of paragraph (2) of subsection (c) of this Section.
23        "Local Capacity Ratio" is defined in subparagraph (B)
24 of paragraph (2) of subsection (c) of this Section.
25        "Local Capacity Target" is defined in paragraph (2) of
26 subsection (c) of this Section.

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1        "Low-Income Count" means, for an Organizational Unit
2 in a fiscal year, the higher of the average number of
3 students for the prior school year or the immediately
4 preceding 3 school years who, as of July 1 of the
5 immediately preceding fiscal year (as determined by the
6 Department of Human Services), are eligible for at least
7 one of the following low-income programs: Medicaid, the
8 Children's Health Insurance Program, Temporary Assistance
9 for Needy Families (TANF), or the Supplemental Nutrition
10 Assistance Program, excluding pupils who are eligible for
11 services provided by the Department of Children and Family
12 Services. Until such time that grade level low-income
13 populations become available, grade level low-income
14 populations shall be determined by applying the low-income
15 percentage to total student enrollments by grade level.
16 The low-income percentage is determined by dividing the
17 Low-Income Count by the Average Student Enrollment. The
18 low-income percentage for a regional office of education
19 or an intermediate service center operating one or more
20 alternative education programs must be set to the weighted
21 average of the low-income percentages of all of the school
22 districts in the service region. The weighted low-income
23 percentage is the result of multiplying the low-income
24 percentage of each school district served by the regional
25 office of education or intermediate service center by each
26 school district's Average Student Enrollment, summarizing

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1 those products and dividing the total by the total Average
2 Student Enrollment for the service region.
3        "Maintenance and operations" means custodial services,
4 facility and ground maintenance, facility operations,
5 facility security, routine facility repairs, and other
6 similar services and functions.
7        "Minimum Funding Level" is defined in paragraph (9) of
8 subsection (g) of this Section.
9        "New Property Tax Relief Pool Funds" means, for any
10 given fiscal year, all State funds appropriated under
11 Section 2-3.170 of this Code.
12        "New State Funds" means, for a given school year, all
13 State funds appropriated for Evidence-Based Funding in
14 excess of the amount needed to fund the Base Funding
15 Minimum for all Organizational Units in that school year.
16        "Nurse" means an individual licensed as a certified
17 school nurse, in accordance with the rules established for
18 nursing services by the State Board, who is an employee of
19 and is available to provide health care-related services
20 for students of an Organizational Unit.
21        "Operating Tax Rate" means the rate utilized in the
22 previous year to extend property taxes for all purposes,
23 except Bond and Interest, Summer School, Rent, Capital
24 Improvement, and Vocational Education Building purposes.
25 For Hybrid Districts, the Operating Tax Rate shall be the
26 combined elementary and high school rates utilized in the

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1 previous year to extend property taxes for all purposes,
2 except Bond and Interest, Summer School, Rent, Capital
3 Improvement, and Vocational Education Building purposes.
4        "Organizational Unit" means a Laboratory School or any
5 public school district that is recognized as such by the
6 State Board and that contains elementary schools typically
7 serving kindergarten through 5th grades, middle schools
8 typically serving 6th through 8th grades, high schools
9 typically serving 9th through 12th grades, a program
10 established under Section 2-3.66 or 2-3.41, or a program
11 operated by a regional office of education or an
12 intermediate service center under Article 13A or 13B. The
13 General Assembly acknowledges that the actual grade levels
14 served by a particular Organizational Unit may vary
15 slightly from what is typical.
16        "Organizational Unit CWI" is determined by calculating
17 the CWI in the region and original county in which an
18 Organizational Unit's primary administrative office is
19 located as set forth in this paragraph, provided that if
20 the Organizational Unit CWI as calculated in accordance
21 with this paragraph is less than 0.9, the Organizational
22 Unit CWI shall be increased to 0.9. Each county's current
23 CWI value shall be adjusted based on the CWI value of that
24 county's neighboring Illinois counties, to create a
25 "weighted adjusted index value". This shall be calculated
26 by summing the CWI values of all of a county's adjacent

10400HB1075sam003- 593 -LRB104 03072 JDS 27160 a
1 Illinois counties and dividing by the number of adjacent
2 Illinois counties, then taking the weighted value of the
3 original county's CWI value and the adjacent Illinois
4 county average. To calculate this weighted value, if the
5 number of adjacent Illinois counties is greater than 2,
6 the original county's CWI value will be weighted at 0.25
7 and the adjacent Illinois county average will be weighted
8 at 0.75. If the number of adjacent Illinois counties is 2,
9 the original county's CWI value will be weighted at 0.33
10 and the adjacent Illinois county average will be weighted
11 at 0.66. The greater of the county's current CWI value and
12 its weighted adjusted index value shall be used as the
13 Organizational Unit CWI.
14        "Preceding Tax Year" means the property tax levy year
15 immediately preceding the Base Tax Year.
16        "Preceding Tax Year's Extension" means the product of
17 the equalized assessed valuation utilized by the county
18 clerk in the Preceding Tax Year multiplied by the
19 Operating Tax Rate.
20        "Preliminary Percent of Adequacy" is defined in
21 paragraph (2) of subsection (f) of this Section.
22        "Preliminary Resources" is defined in paragraph (2) of
23 subsection (f) of this Section.
24        "Principal" means a school administrator duly endorsed
25 to be employed as a principal in this State.
26        "Professional development" means training programs for

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1 licensed staff in schools, including, but not limited to,
2 programs that assist in implementing new curriculum
3 programs, provide data focused or academic assessment data
4 training to help staff identify a student's weaknesses and
5 strengths, target interventions, improve instruction,
6 encompass instructional strategies for English learner,
7 gifted, or at-risk students, address inclusivity, cultural
8 sensitivity, or implicit bias, or otherwise provide
9 professional support for licensed staff.
10        "Prototypical" means 450 special education
11 pre-kindergarten and kindergarten through grade 5 students
12 for an elementary school, 450 grade 6 through 8 students
13 for a middle school, and 600 grade 9 through 12 students
14 for a high school.
15        "PTELL" means the Property Tax Extension Limitation
16 Law.
17        "PTELL EAV" is defined in paragraph (4) of subsection
18 (d) of this Section.
19        "Pupil support staff" means a nurse, psychologist,
20 social worker, family liaison personnel, or other staff
21 member who provides support to at-risk or struggling
22 students.
23        "Real Receipts" is defined in paragraph (1) of
24 subsection (d) of this Section.
25        "Regionalization Factor" means, for a particular
26 Organizational Unit, the figure derived by dividing the

10400HB1075sam003- 595 -LRB104 03072 JDS 27160 a
1 Organizational Unit CWI by the Statewide Weighted CWI.
2        "School counselor" means a licensed school counselor
3 who provides guidance and counseling support for students
4 within an Organizational Unit.
5        "School site staff" means the primary school secretary
6 and any additional clerical personnel assigned to a
7 school.
8        "Special education" means special educational
9 facilities and services, as defined in Section 14-1.08 of
10 this Code.
11        "Special Education Allocation" means the amount of an
12 Organizational Unit's final Adequacy Target attributable
13 to special education divided by the Organizational Unit's
14 final Adequacy Target, the product of which shall be
15 multiplied by the amount of new funding received pursuant
16 to this Section. An Organizational Unit's final Adequacy
17 Target attributable to special education shall include all
18 special education investment adequacy elements.
19        "Specialist teacher" means a teacher who provides
20 instruction in subject areas not included in core
21 subjects, including, but not limited to, art, music,
22 physical education, health, driver education,
23 career-technical education, and such other subject areas
24 as may be mandated by State law or provided by an
25 Organizational Unit.
26        "Specially Funded Unit" means an Alternative School,

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1 safe school, Department of Juvenile Justice school,
2 special education cooperative or entity recognized by the
3 State Board as a special education cooperative,
4 State-approved charter school, or alternative learning
5 opportunities program that received direct funding from
6 the State Board during the 2016-2017 school year through
7 any of the funding sources included within the calculation
8 of the Base Funding Minimum or Glenwood Academy.
9        "Supplemental Grant Funding" means supplemental
10 general State aid funding received by an Organizational
11 Unit during the 2016-2017 school year pursuant to
12 subsection (H) of Section 18-8.05 of this Code (now
13 repealed).
14        "State Adequacy Level" is the sum of the Adequacy
15 Targets of all Organizational Units.
16        "State Board" means the State Board of Education.
17        "State Superintendent" means the State Superintendent
18 of Education.
19        "Statewide Weighted CWI" means a figure determined by
20 multiplying each Organizational Unit CWI times the ASE for
21 that Organizational Unit creating a weighted value,
22 summing all Organizational Units' weighted values, and
23 dividing by the total ASE of all Organizational Units,
24 thereby creating an average weighted index.
25        "Student activities" means non-credit producing
26 after-school programs, including, but not limited to,

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1 clubs, bands, sports, and other activities authorized by
2 the school board of the Organizational Unit.
3        "Substitute teacher" means an individual teacher or
4 teaching assistant who is employed by an Organizational
5 Unit and is temporarily serving the Organizational Unit on
6 a per diem or per period-assignment basis to replace
7 another staff member.
8        "Summer school" means academic and enrichment programs
9 provided to students during the summer months outside of
10 the regular school year.
11        "Supervisory aide" means a non-licensed staff member
12 who helps in supervising students of an Organizational
13 Unit, but does so outside of the classroom, in situations
14 such as, but not limited to, monitoring hallways and
15 playgrounds, supervising lunchrooms, or supervising
16 students when being transported in buses serving the
17 Organizational Unit.
18        "Target Ratio" is defined in paragraph (4) of
19 subsection (g).
20        "Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined
21 in paragraph (3) of subsection (g).
22        "Tier 1 Aggregate Funding", "Tier 2 Aggregate
23 Funding", "Tier 3 Aggregate Funding", and "Tier 4
24 Aggregate Funding" are defined in paragraph (1) of
25 subsection (g).
26    (b) Adequacy Target calculation.

10400HB1075sam003- 598 -LRB104 03072 JDS 27160 a
1        (1) Each Organizational Unit's Adequacy Target is the
2 sum of the Organizational Unit's cost of providing
3 Essential Elements, as calculated in accordance with this
4 subsection (b), with the salary amounts in the Essential
5 Elements multiplied by a Regionalization Factor calculated
6 pursuant to paragraph (3) of this subsection (b).
7        (2) The Essential Elements are attributable on a pro
8 rata basis related to defined subgroups of the ASE of each
9 Organizational Unit as specified in this paragraph (2),
10 with investments and FTE positions pro rata funded based
11 on ASE counts in excess of or less than the thresholds set
12 forth in this paragraph (2). The method for calculating
13 attributable pro rata costs and the defined subgroups
14 thereto are as follows:
15            (A) Core class size investments. Each
16 Organizational Unit shall receive the funding required
17 to support that number of FTE core teacher positions
18 as is needed to keep the respective class sizes of the
19 Organizational Unit to the following maximum numbers:
20                (i) For grades kindergarten through 3, the
21 Organizational Unit shall receive funding required
22 to support one FTE core teacher position for every
23 15 Low-Income Count students in those grades and
24 one FTE core teacher position for every 20
25 non-Low-Income Count students in those grades.
26                (ii) For grades 4 through 12, the

10400HB1075sam003- 599 -LRB104 03072 JDS 27160 a
1 Organizational Unit shall receive funding required
2 to support one FTE core teacher position for every
3 20 Low-Income Count students in those grades and
4 one FTE core teacher position for every 25
5 non-Low-Income Count students in those grades.
6            The number of non-Low-Income Count students in a
7 grade shall be determined by subtracting the
8 Low-Income students in that grade from the ASE of the
9 Organizational Unit for that grade.
10            (B) Specialist teacher investments. Each
11 Organizational Unit shall receive the funding needed
12 to cover that number of FTE specialist teacher
13 positions that correspond to the following
14 percentages:
15                (i) if the Organizational Unit operates an
16 elementary or middle school, then 20.00% of the
17 number of the Organizational Unit's core teachers,
18 as determined under subparagraph (A) of this
19 paragraph (2); and
20                (ii) if such Organizational Unit operates a
21 high school, then 33.33% of the number of the
22 Organizational Unit's core teachers.
23            (C) Instructional facilitator investments. Each
24 Organizational Unit shall receive the funding needed
25 to cover one FTE instructional facilitator position
26 for every 200 combined ASE of pre-kindergarten

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1 children with disabilities and all kindergarten
2 through grade 12 students of the Organizational Unit.
3            (D) Core intervention teacher (tutor) investments.
4 Each Organizational Unit shall receive the funding
5 needed to cover one FTE teacher position for each
6 prototypical elementary, middle, and high school.
7            (E) Substitute teacher investments. Each
8 Organizational Unit shall receive the funding needed
9 to cover substitute teacher costs that is equal to
10 5.70% of the minimum pupil attendance days required
11 under Section 10-19 of this Code for all full-time
12 equivalent core, specialist, and intervention
13 teachers, school nurses, special education teachers
14 and instructional assistants, instructional
15 facilitators, and summer school and extended day
16 teacher positions, as determined under this paragraph
17 (2), at a salary rate of 33.33% of the average salary
18 for grade K through 12 teachers and 33.33% of the
19 average salary of each instructional assistant
20 position.
21            (F) Core school counselor investments. Each
22 Organizational Unit shall receive the funding needed
23 to cover one FTE school counselor for each 450
24 combined ASE of pre-kindergarten children with
25 disabilities and all kindergarten through grade 5
26 students, plus one FTE school counselor for each 250

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1 grades 6 through 8 ASE middle school students, plus
2 one FTE school counselor for each 250 grades 9 through
3 12 ASE high school students.
4            (G) Nurse investments. Each Organizational Unit
5 shall receive the funding needed to cover one FTE
6 nurse for each 750 combined ASE of pre-kindergarten
7 children with disabilities and all kindergarten
8 through grade 12 students across all grade levels it
9 serves.
10            (H) Supervisory aide investments. Each
11 Organizational Unit shall receive the funding needed
12 to cover one FTE for each 225 combined ASE of
13 pre-kindergarten children with disabilities and all
14 kindergarten through grade 5 students, plus one FTE
15 for each 225 ASE middle school students, plus one FTE
16 for each 200 ASE high school students.
17            (I) Librarian investments. Each Organizational
18 Unit shall receive the funding needed to cover one FTE
19 librarian for each prototypical elementary school,
20 middle school, and high school and one FTE aide or
21 media technician for every 300 combined ASE of
22 pre-kindergarten children with disabilities and all
23 kindergarten through grade 12 students.
24            (J) Principal investments. Each Organizational
25 Unit shall receive the funding needed to cover one FTE
26 principal position for each prototypical elementary

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1 school, plus one FTE principal position for each
2 prototypical middle school, plus one FTE principal
3 position for each prototypical high school.
4            (K) Assistant principal investments. Each
5 Organizational Unit shall receive the funding needed
6 to cover one FTE assistant principal position for each
7 prototypical elementary school, plus one FTE assistant
8 principal position for each prototypical middle
9 school, plus one FTE assistant principal position for
10 each prototypical high school.
11            (L) School site staff investments. Each
12 Organizational Unit shall receive the funding needed
13 for one FTE position for each 225 ASE of
14 pre-kindergarten children with disabilities and all
15 kindergarten through grade 5 students, plus one FTE
16 position for each 225 ASE middle school students, plus
17 one FTE position for each 200 ASE high school
18 students.
19            (M) Gifted investments. Each Organizational Unit
20 shall receive $40 per kindergarten through grade 12
21 ASE.
22            (N) Professional development investments. Each
23 Organizational Unit shall receive $125 per student of
24 the combined ASE of pre-kindergarten children with
25 disabilities and all kindergarten through grade 12
26 students for trainers and other professional

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1 development-related expenses for supplies and
2 materials.
3            (O) Instructional material investments. Each
4 Organizational Unit shall receive $190 per student of
5 the combined ASE of pre-kindergarten children with
6 disabilities and all kindergarten through grade 12
7 students to cover instructional material costs.
8            (P) Assessment investments. Each Organizational
9 Unit shall receive $25 per student of the combined ASE
10 of pre-kindergarten children with disabilities and all
11 kindergarten through grade 12 students to cover
12 assessment costs.
13            (Q) Computer technology and equipment investments.
14 Each Organizational Unit shall receive $285.50 per
15 student of the combined ASE of pre-kindergarten
16 children with disabilities and all kindergarten
17 through grade 12 students to cover computer technology
18 and equipment costs. For the 2018-2019 school year and
19 subsequent school years, Organizational Units assigned
20 to Tier 1 and Tier 2 in the prior school year shall
21 receive an additional $285.50 per student of the
22 combined ASE of pre-kindergarten children with
23 disabilities and all kindergarten through grade 12
24 students to cover computer technology and equipment
25 costs in the Organizational Unit's Adequacy Target.
26 The State Board may establish additional requirements

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1 for Organizational Unit expenditures of funds received
2 pursuant to this subparagraph (Q), including a
3 requirement that funds received pursuant to this
4 subparagraph (Q) may be used only for serving the
5 technology needs of the district. It is the intent of
6 Public Act 100-465 that all Tier 1 and Tier 2 districts
7 receive the addition to their Adequacy Target in the
8 following year, subject to compliance with the
9 requirements of the State Board.
10            (R) Student activities investments. Each
11 Organizational Unit shall receive the following
12 funding amounts to cover student activities: $100 per
13 kindergarten through grade 5 ASE student in elementary
14 school, plus $200 per ASE student in middle school,
15 plus $675 per ASE student in high school.
16            (S) Maintenance and operations investments. Each
17 Organizational Unit shall receive $1,038 per student
18 of the combined ASE of pre-kindergarten children with
19 disabilities and all kindergarten through grade 12
20 students for day-to-day maintenance and operations
21 expenditures, including salary, supplies, and
22 materials, as well as purchased services, but
23 excluding employee benefits. The proportion of salary
24 for the application of a Regionalization Factor and
25 the calculation of benefits is equal to $352.92.
26            (T) Central office investments. Each

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1 Organizational Unit shall receive $742 per student of
2 the combined ASE of pre-kindergarten children with
3 disabilities and all kindergarten through grade 12
4 students to cover central office operations, including
5 administrators and classified personnel charged with
6 managing the instructional programs, business and
7 operations of the school district, and security
8 personnel. The proportion of salary for the
9 application of a Regionalization Factor and the
10 calculation of benefits is equal to $368.48.
11            (U) Employee benefit investments. Each
12 Organizational Unit shall receive 30% of the total of
13 all salary-calculated elements of the Adequacy Target,
14 excluding substitute teachers and student activities
15 investments, to cover benefit costs. For central
16 office and maintenance and operations investments, the
17 benefit calculation shall be based upon the salary
18 proportion of each investment. If at any time the
19 responsibility for funding the employer normal cost of
20 teacher pensions is assigned to school districts, then
21 that amount certified by the Teachers' Retirement
22 System of the State of Illinois to be paid by the
23 Organizational Unit for the preceding school year
24 shall be added to the benefit investment. For any
25 fiscal year in which a school district organized under
26 Article 34 of this Code is responsible for paying the

10400HB1075sam003- 606 -LRB104 03072 JDS 27160 a
1 employer normal cost of teacher pensions, then that
2 amount of its employer normal cost plus the amount for
3 retiree health insurance as certified by the Public
4 School Teachers' Pension and Retirement Fund of
5 Chicago to be paid by the school district for the
6 preceding school year that is statutorily required to
7 cover employer normal costs and the amount for retiree
8 health insurance shall be added to the 30% specified
9 in this subparagraph (U). The Teachers' Retirement
10 System of the State of Illinois and the Public School
11 Teachers' Pension and Retirement Fund of Chicago shall
12 submit such information as the State Superintendent
13 may require for the calculations set forth in this
14 subparagraph (U).
15            (V) Additional investments in low-income students.
16 In addition to and not in lieu of all other funding
17 under this paragraph (2), each Organizational Unit
18 shall receive funding based on the average teacher
19 salary for grades K through 12 to cover the costs of:
20                (i) one FTE intervention teacher (tutor)
21 position for every 125 Low-Income Count students;
22                (ii) one FTE pupil support staff position for
23 every 125 Low-Income Count students;
24                (iii) one FTE extended day teacher position
25 for every 120 Low-Income Count students; and
26                (iv) one FTE summer school teacher position

10400HB1075sam003- 607 -LRB104 03072 JDS 27160 a
1 for every 120 Low-Income Count students.
2            (W) Additional investments in English learner
3 students. In addition to and not in lieu of all other
4 funding under this paragraph (2), each Organizational
5 Unit shall receive funding based on the average
6 teacher salary for grades K through 12 to cover the
7 costs of:
8                (i) one FTE intervention teacher (tutor)
9 position for every 125 English learner students;
10                (ii) one FTE pupil support staff position for
11 every 125 English learner students;
12                (iii) one FTE extended day teacher position
13 for every 120 English learner students;
14                (iv) one FTE summer school teacher position
15 for every 120 English learner students; and
16                (v) one FTE core teacher position for every
17 100 English learner students.
18            (X) Special education investments. Each
19 Organizational Unit shall receive funding based on the
20 average teacher salary for grades K through 12 to
21 cover special education as follows:
22                (i) one FTE teacher position for every 141
23 combined ASE of pre-kindergarten children with
24 disabilities and all kindergarten through grade 12
25 students;
26                (ii) one FTE instructional assistant for every

10400HB1075sam003- 608 -LRB104 03072 JDS 27160 a
1 141 combined ASE of pre-kindergarten children with
2 disabilities and all kindergarten through grade 12
3 students; and
4                (iii) one FTE psychologist position for every
5 1,000 combined ASE of pre-kindergarten children
6 with disabilities and all kindergarten through
7 grade 12 students.
8        (3) For calculating the salaries included within the
9 Essential Elements, the State Superintendent shall
10 annually calculate average salaries to the nearest dollar
11 using the employment information system data maintained by
12 the State Board, limited to public schools only and
13 excluding special education and vocational cooperatives,
14 schools operated by the Department of Juvenile Justice,
15 and charter schools, for the following positions:
16            (A) Teacher for grades K through 8.
17            (B) Teacher for grades 9 through 12.
18            (C) Teacher for grades K through 12.
19            (D) School counselor for grades K through 8.
20            (E) School counselor for grades 9 through 12.
21            (F) School counselor for grades K through 12.
22            (G) Social worker.
23            (H) Psychologist.
24            (I) Librarian.
25            (J) Nurse.
26            (K) Principal.

10400HB1075sam003- 609 -LRB104 03072 JDS 27160 a
1            (L) Assistant principal.
2        For the purposes of this paragraph (3), "teacher"
3 includes core teachers, specialist and elective teachers,
4 instructional facilitators, tutors, special education
5 teachers, pupil support staff teachers, English learner
6 teachers, extended day teachers, and summer school
7 teachers. Where specific grade data is not required for
8 the Essential Elements, the average salary for
9 corresponding positions shall apply. For substitute
10 teachers, the average teacher salary for grades K through
11 12 shall apply.
12        For calculating the salaries included within the
13 Essential Elements for positions not included within EIS
14 Data, the following salaries shall be used in the first
15 year of implementation of Evidence-Based Funding:
16            (i) school site staff, $30,000; and
17            (ii) non-instructional assistant, instructional
18 assistant, library aide, library media tech, or
19 supervisory aide: $25,000.
20        In the second and subsequent years of implementation
21 of Evidence-Based Funding, the amounts in items (i) and
22 (ii) of this paragraph (3) shall annually increase by the
23 ECI.
24        The salary amounts for the Essential Elements
25 determined pursuant to subparagraphs (A) through (L), (S)
26 and (T), and (V) through (X) of paragraph (2) of

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1 subsection (b) of this Section shall be multiplied by a
2 Regionalization Factor.
3    (c) Local Capacity calculation.
4        (1) Each Organizational Unit's Local Capacity
5 represents an amount of funding it is assumed to
6 contribute toward its Adequacy Target for purposes of the
7 Evidence-Based Funding formula calculation. "Local
8 Capacity" means either (i) the Organizational Unit's Local
9 Capacity Target as calculated in accordance with paragraph
10 (2) of this subsection (c) if its Real Receipts are equal
11 to or less than its Local Capacity Target or (ii) the
12 Organizational Unit's Adjusted Local Capacity, as
13 calculated in accordance with paragraph (3) of this
14 subsection (c) if Real Receipts are more than its Local
15 Capacity Target.
16        (2) "Local Capacity Target" means, for an
17 Organizational Unit, that dollar amount that is obtained
18 by multiplying its Adequacy Target by its Local Capacity
19 Ratio.
20            (A) An Organizational Unit's Local Capacity
21 Percentage is the conversion of the Organizational
22 Unit's Local Capacity Ratio, as such ratio is
23 determined in accordance with subparagraph (B) of this
24 paragraph (2), into a cumulative distribution
25 resulting in a percentile ranking to determine each
26 Organizational Unit's relative position to all other

10400HB1075sam003- 611 -LRB104 03072 JDS 27160 a
1 Organizational Units in this State. The calculation of
2 Local Capacity Percentage is described in subparagraph
3 (C) of this paragraph (2).
4            (B) An Organizational Unit's Local Capacity Ratio
5 in a given year is the percentage obtained by dividing
6 its Adjusted EAV or PTELL EAV, whichever is less, by
7 its Adequacy Target, with the resulting ratio further
8 adjusted as follows:
9                (i) for Organizational Units serving grades
10 kindergarten through 12 and Hybrid Districts, no
11 further adjustments shall be made;
12                (ii) for Organizational Units serving grades
13 kindergarten through 8, the ratio shall be
14 multiplied by 9/13;
15                (iii) for Organizational Units serving grades
16 9 through 12, the Local Capacity Ratio shall be
17 multiplied by 4/13; and
18                (iv) for an Organizational Unit with a
19 different grade configuration than those specified
20 in items (i) through (iii) of this subparagraph
21 (B), the State Superintendent shall determine a
22 comparable adjustment based on the grades served.
23            (C) The Local Capacity Percentage is equal to the
24 percentile ranking of the district. Local Capacity
25 Percentage converts each Organizational Unit's Local
26 Capacity Ratio to a cumulative distribution resulting

10400HB1075sam003- 612 -LRB104 03072 JDS 27160 a
1 in a percentile ranking to determine each
2 Organizational Unit's relative position to all other
3 Organizational Units in this State. The Local Capacity
4 Percentage cumulative distribution resulting in a
5 percentile ranking for each Organizational Unit shall
6 be calculated using the standard normal distribution
7 of the score in relation to the weighted mean and
8 weighted standard deviation and Local Capacity Ratios
9 of all Organizational Units. If the value assigned to
10 any Organizational Unit is in excess of 90%, the value
11 shall be adjusted to 90%. For Laboratory Schools, the
12 Local Capacity Percentage shall be set at 10% in
13 recognition of the absence of EAV and resources from
14 the public university that are allocated to the
15 Laboratory School. For a regional office of education
16 or an intermediate service center operating one or
17 more alternative education programs, the Local
18 Capacity Percentage must be set at 10% in recognition
19 of the absence of EAV and resources from school
20 districts that are allocated to the regional office of
21 education or intermediate service center. The weighted
22 mean for the Local Capacity Percentage shall be
23 determined by multiplying each Organizational Unit's
24 Local Capacity Ratio times the ASE for the unit
25 creating a weighted value, summing the weighted values
26 of all Organizational Units, and dividing by the total

10400HB1075sam003- 613 -LRB104 03072 JDS 27160 a
1 ASE of all Organizational Units. The weighted standard
2 deviation shall be determined by taking the square
3 root of the weighted variance of all Organizational
4 Units' Local Capacity Ratio, where the variance is
5 calculated by squaring the difference between each
6 unit's Local Capacity Ratio and the weighted mean,
7 then multiplying the variance for each unit times the
8 ASE for the unit to create a weighted variance for each
9 unit, then summing all units' weighted variance and
10 dividing by the total ASE of all units.
11            (D) For any Organizational Unit, the
12 Organizational Unit's Adjusted Local Capacity Target
13 shall be reduced by either (i) the school board's
14 remaining contribution pursuant to paragraph (ii) of
15 subsection (b-4) of Section 16-158 of the Illinois
16 Pension Code in a given year or (ii) the board of
17 education's remaining contribution pursuant to
18 paragraph (iv) of subsection (b) of Section 17-129 of
19 the Illinois Pension Code absent the employer normal
20 cost portion of the required contribution and amount
21 allowed pursuant to subdivision (3) of Section
22 17-142.1 of the Illinois Pension Code in a given year.
23 In the preceding sentence, item (i) shall be certified
24 to the State Board of Education by the Teachers'
25 Retirement System of the State of Illinois and item
26 (ii) shall be certified to the State Board of

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1 Education by the Public School Teachers' Pension and
2 Retirement Fund of the City of Chicago.
3        (3) If an Organizational Unit's Real Receipts are more
4 than its Local Capacity Target, then its Local Capacity
5 shall equal an Adjusted Local Capacity Target as
6 calculated in accordance with this paragraph (3). The
7 Adjusted Local Capacity Target is calculated as the sum of
8 the Organizational Unit's Local Capacity Target and its
9 Real Receipts Adjustment. The Real Receipts Adjustment
10 equals the Organizational Unit's Real Receipts less its
11 Local Capacity Target, with the resulting figure
12 multiplied by the Local Capacity Percentage.
13        As used in this paragraph (3), "Real Percent of
14 Adequacy" means the sum of an Organizational Unit's Real
15 Receipts, CPPRT, and Base Funding Minimum, with the
16 resulting figure divided by the Organizational Unit's
17 Adequacy Target.
18    (d) Calculation of Real Receipts, EAV, and Adjusted EAV
19for purposes of the Local Capacity calculation.
20        (1) An Organizational Unit's Real Receipts are the
21 product of its Applicable Tax Rate and its Adjusted EAV.
22 An Organizational Unit's Applicable Tax Rate is its
23 Adjusted Operating Tax Rate for property within the
24 Organizational Unit.
25        (2) The State Superintendent shall calculate the
26 equalized assessed valuation, or EAV, of all taxable

10400HB1075sam003- 615 -LRB104 03072 JDS 27160 a
1 property of each Organizational Unit as of September 30 of
2 the previous year in accordance with paragraph (3) of this
3 subsection (d). The State Superintendent shall then
4 determine the Adjusted EAV of each Organizational Unit in
5 accordance with paragraph (4) of this subsection (d),
6 which Adjusted EAV figure shall be used for the purposes
7 of calculating Local Capacity.
8        (3) To calculate Real Receipts and EAV, the Department
9 of Revenue shall supply to the State Superintendent the
10 value as equalized or assessed by the Department of
11 Revenue of all taxable property of every Organizational
12 Unit, together with (i) the applicable tax rate used in
13 extending taxes for the funds of the Organizational Unit
14 as of September 30 of the previous year and (ii) the
15 limiting rate for all Organizational Units subject to
16 property tax extension limitations as imposed under PTELL.
17            (A) The Department of Revenue shall add to the
18 equalized assessed value of all taxable property of
19 each Organizational Unit situated entirely or
20 partially within a county that is or was subject to the
21 provisions of Section 15-176 or 15-177 of the Property
22 Tax Code (i) an amount equal to the total amount by
23 which the homestead exemption allowed under Section
24 15-176 or 15-177 of the Property Tax Code for real
25 property situated in that Organizational Unit exceeds
26 the total amount that would have been allowed in that

10400HB1075sam003- 616 -LRB104 03072 JDS 27160 a
1 Organizational Unit if the maximum reduction under
2 Section 15-176 was (I) $4,500 in Cook County or $3,500
3 in all other counties in tax year 2003 or (II) $5,000
4 in all counties in tax year 2004 and thereafter and
5 (ii) an amount equal to the aggregate amount for the
6 taxable year of all additional exemptions under
7 Section 15-175 of the Property Tax Code for owners
8 with a household income of $30,000 or less. The county
9 clerk of any county that is or was subject to the
10 provisions of Section 15-176 or 15-177 of the Property
11 Tax Code shall annually calculate and certify to the
12 Department of Revenue for each Organizational Unit all
13 homestead exemption amounts under Section 15-176 or
14 15-177 of the Property Tax Code and all amounts of
15 additional exemptions under Section 15-175 of the
16 Property Tax Code for owners with a household income
17 of $30,000 or less. It is the intent of this
18 subparagraph (A) that if the general homestead
19 exemption for a parcel of property is determined under
20 Section 15-176 or 15-177 of the Property Tax Code
21 rather than Section 15-175, then the calculation of
22 EAV shall not be affected by the difference, if any,
23 between the amount of the general homestead exemption
24 allowed for that parcel of property under Section
25 15-176 or 15-177 of the Property Tax Code and the
26 amount that would have been allowed had the general

10400HB1075sam003- 617 -LRB104 03072 JDS 27160 a
1 homestead exemption for that parcel of property been
2 determined under Section 15-175 of the Property Tax
3 Code. It is further the intent of this subparagraph
4 (A) that if additional exemptions are allowed under
5 Section 15-175 of the Property Tax Code for owners
6 with a household income of less than $30,000, then the
7 calculation of EAV shall not be affected by the
8 difference, if any, because of those additional
9 exemptions.
10            (B) With respect to any part of an Organizational
11 Unit within a redevelopment project area in respect to
12 which a municipality has adopted tax increment
13 allocation financing pursuant to the Tax Increment
14 Allocation Redevelopment Act, Division 74.4 of Article
15 11 of the Illinois Municipal Code, or the Industrial
16 Jobs Recovery Law, Division 74.6 of Article 11 of the
17 Illinois Municipal Code, no part of the current EAV of
18 real property located in any such project area that is
19 attributable to an increase above the total initial
20 EAV of such property shall be used as part of the EAV
21 of the Organizational Unit, until such time as all
22 redevelopment project costs have been paid, as
23 provided in Section 11-74.4-8 of the Tax Increment
24 Allocation Redevelopment Act or in Section 11-74.6-35
25 of the Industrial Jobs Recovery Law. For the purpose
26 of the EAV of the Organizational Unit, the total

10400HB1075sam003- 618 -LRB104 03072 JDS 27160 a
1 initial EAV or the current EAV, whichever is lower,
2 shall be used until such time as all redevelopment
3 project costs have been paid.
4            (B-5) The real property equalized assessed
5 valuation for a school district shall be adjusted by
6 subtracting from the real property value, as equalized
7 or assessed by the Department of Revenue, for the
8 district an amount computed by dividing the amount of
9 any abatement of taxes under Section 18-170 of the
10 Property Tax Code by 3.00% for a district maintaining
11 grades kindergarten through 12, by 2.30% for a
12 district maintaining grades kindergarten through 8, or
13 by 1.05% for a district maintaining grades 9 through
14 12 and adjusted by an amount computed by dividing the
15 amount of any abatement of taxes under subsection (a)
16 of Section 18-165 of the Property Tax Code by the same
17 percentage rates for district type as specified in
18 this subparagraph (B-5).
19            (C) For Organizational Units that are Hybrid
20 Districts, the State Superintendent shall use the
21 lesser of the adjusted equalized assessed valuation
22 for property within the partial elementary unit
23 district for elementary purposes, as defined in
24 Article 11E of this Code, or the adjusted equalized
25 assessed valuation for property within the partial
26 elementary unit district for high school purposes, as

10400HB1075sam003- 619 -LRB104 03072 JDS 27160 a
1 defined in Article 11E of this Code.
2            (D) If a school district's boundaries span
3 multiple counties, then the Department of Revenue
4 shall send to the State Board, for the purposes of
5 calculating Evidence-Based Funding, the limiting rate
6 and individual rates by purpose for the county that
7 contains the majority of the school district's
8 equalized assessed valuation.
9        (4) An Organizational Unit's Adjusted EAV shall be the
10 average of its EAV over the immediately preceding 3 years
11 or the lesser of its EAV in the immediately preceding year
12 or the average of its EAV over the immediately preceding 3
13 years if the EAV in the immediately preceding year has
14 declined by 10% or more when comparing the 2 most recent
15 years. In the event of Organizational Unit reorganization,
16 consolidation, or annexation, the Organizational Unit's
17 Adjusted EAV for the first 3 years after such change shall
18 be as follows: the most current EAV shall be used in the
19 first year, the average of a 2-year EAV or its EAV in the
20 immediately preceding year if the EAV declines by 10% or
21 more when comparing the 2 most recent years for the second
22 year, and the lesser of a 3-year average EAV or its EAV in
23 the immediately preceding year if the Adjusted EAV
24 declines by 10% or more when comparing the 2 most recent
25 years for the third year. For any school district whose
26 EAV in the immediately preceding year is used in

10400HB1075sam003- 620 -LRB104 03072 JDS 27160 a
1 calculations, in the following year, the Adjusted EAV
2 shall be the average of its EAV over the immediately
3 preceding 2 years or the immediately preceding year if
4 that year represents a decline of 10% or more when
5 comparing the 2 most recent years.
6        "PTELL EAV" means a figure calculated by the State
7 Board for Organizational Units subject to PTELL as
8 described in this paragraph (4) for the purposes of
9 calculating an Organizational Unit's Local Capacity Ratio.
10 Except as otherwise provided in this paragraph (4), the
11 PTELL EAV of an Organizational Unit shall be equal to the
12 product of the equalized assessed valuation last used in
13 the calculation of general State aid under Section 18-8.05
14 of this Code (now repealed) or Evidence-Based Funding
15 under this Section and the Organizational Unit's Extension
16 Limitation Ratio. If an Organizational Unit has approved
17 or does approve an increase in its limiting rate, pursuant
18 to Section 18-190 of the Property Tax Code, affecting the
19 Base Tax Year, the PTELL EAV shall be equal to the product
20 of the equalized assessed valuation last used in the
21 calculation of general State aid under Section 18-8.05 of
22 this Code (now repealed) or Evidence-Based Funding under
23 this Section multiplied by an amount equal to one plus the
24 percentage increase, if any, in the Consumer Price Index
25 for All Urban Consumers for all items published by the
26 United States Department of Labor for the 12-month

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1 calendar year preceding the Base Tax Year, plus the
2 equalized assessed valuation of new property, annexed
3 property, and recovered tax increment value and minus the
4 equalized assessed valuation of disconnected property.
5        As used in this paragraph (4), "new property" and
6 "recovered tax increment value" shall have the meanings
7 set forth in the Property Tax Extension Limitation Law.
8    (e) Base Funding Minimum calculation.
9        (1) For the 2017-2018 school year, the Base Funding
10 Minimum of an Organizational Unit or a Specially Funded
11 Unit shall be the amount of State funds distributed to the
12 Organizational Unit or Specially Funded Unit during the
13 2016-2017 school year prior to any adjustments and
14 specified appropriation amounts described in this
15 paragraph (1) from the following Sections, as calculated
16 by the State Superintendent: Section 18-8.05 of this Code
17 (now repealed); Section 5 of Article 224 of Public Act
18 99-524 (equity grants); Section 14-7.02b of this Code
19 (funding for children requiring special education
20 services); Section 14-13.01 of this Code (special
21 education facilities and staffing), except for
22 reimbursement of the cost of transportation pursuant to
23 Section 14-13.01; Section 14C-12 of this Code (English
24 learners); and Section 18-4.3 of this Code (summer
25 school), based on an appropriation level of $13,121,600.
26 For a school district organized under Article 34 of this

10400HB1075sam003- 622 -LRB104 03072 JDS 27160 a
1 Code, the Base Funding Minimum also includes (i) the funds
2 allocated to the school district pursuant to Section 1D-1
3 of this Code attributable to funding programs authorized
4 by the Sections of this Code listed in the preceding
5 sentence and (ii) the difference between (I) the funds
6 allocated to the school district pursuant to Section 1D-1
7 of this Code attributable to the funding programs
8 authorized by Section 14-7.02 (non-public special
9 education reimbursement), subsection (b) of Section
10 14-13.01 (special education transportation), Section 29-5
11 (transportation), Section 2-3.80 (agricultural
12 education), Section 2-3.66 (truants' alternative
13 education), Section 2-3.62 (educational service centers),
14 and Section 14-7.03 (special education - orphanage) of
15 this Code and Section 15 of the Childhood Hunger Relief
16 Act (free breakfast program) and (II) the school
17 district's actual expenditures for its non-public special
18 education, special education transportation,
19 transportation programs, agricultural education, truants'
20 alternative education, services that would otherwise be
21 performed by a regional office of education, special
22 education orphanage expenditures, and free breakfast, as
23 most recently calculated and reported pursuant to
24 subsection (f) of Section 1D-1 of this Code. The Base
25 Funding Minimum for Glenwood Academy shall be $952,014.
26 For programs operated by a regional office of education or

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1 an intermediate service center, the Base Funding Minimum
2 must be the total amount of State funds allocated to those
3 programs in the 2018-2019 school year and amounts provided
4 pursuant to Article 34 of Public Act 100-586 and Section
5 3-16 of this Code. All programs established after June 5,
6 2019 (the effective date of Public Act 101-10) and
7 administered by a regional office of education or an
8 intermediate service center must have an initial Base
9 Funding Minimum set to an amount equal to the first-year
10 ASE multiplied by the amount of per pupil funding received
11 in the previous school year by the lowest funded similar
12 existing program type. If the enrollment for a program
13 operated by a regional office of education or an
14 intermediate service center is zero, then it may not
15 receive Base Funding Minimum funds for that program in the
16 next fiscal year, and those funds must be distributed to
17 Organizational Units under subsection (g).
18        (2) For the 2018-2019 and subsequent school years, the
19 Base Funding Minimum of Organizational Units and Specially
20 Funded Units shall be the sum of (i) the amount of
21 Evidence-Based Funding for the prior school year, (ii) the
22 Base Funding Minimum for the prior school year, and (iii)
23 any amount received by a school district pursuant to
24 Section 7 of Article 97 of Public Act 100-21.
25        For the 2022-2023 school year, the Base Funding
26 Minimum of Organizational Units shall be the amounts

10400HB1075sam003- 624 -LRB104 03072 JDS 27160 a
1 recalculated by the State Board of Education for Fiscal
2 Year 2019 through Fiscal Year 2022 that were necessary due
3 to average student enrollment errors for districts
4 organized under Article 34 of this Code, plus the Fiscal
5 Year 2022 property tax relief grants provided under
6 Section 2-3.170 of this Code, ensuring each Organizational
7 Unit has the correct amount of resources for Fiscal Year
8 2023 Evidence-Based Funding calculations and that Fiscal
9 Year 2023 Evidence-Based Funding Distributions are made in
10 accordance with this Section.
11        (3) Subject to approval by the General Assembly as
12 provided in this paragraph (3), an Organizational Unit
13 that meets all of the following criteria, as determined by
14 the State Board, shall have District Intervention Money
15 added to its Base Funding Minimum at the time the Base
16 Funding Minimum is calculated by the State Board:
17            (A) The Organizational Unit is operating under an
18 Independent Authority under Section 2-3.25f-5 of this
19 Code for a minimum of 4 school years or is subject to
20 the control of the State Board pursuant to a court
21 order for a minimum of 4 school years.
22            (B) The Organizational Unit was designated as a
23 Tier 1 or Tier 2 Organizational Unit in the previous
24 school year under paragraph (3) of subsection (g) of
25 this Section.
26            (C) The Organizational Unit demonstrates

10400HB1075sam003- 625 -LRB104 03072 JDS 27160 a
1 sustainability through a 5-year financial and
2 strategic plan.
3            (D) The Organizational Unit has made sufficient
4 progress and achieved sufficient stability in the
5 areas of governance, academic growth, and finances.
6        As part of its determination under this paragraph (3),
7 the State Board may consider the Organizational Unit's
8 summative designation, any accreditations of the
9 Organizational Unit, or the Organizational Unit's
10 financial profile, as calculated by the State Board.
11        If the State Board determines that an Organizational
12 Unit has met the criteria set forth in this paragraph (3),
13 it must submit a report to the General Assembly, no later
14 than January 2 of the fiscal year in which the State Board
15 makes it determination, on the amount of District
16 Intervention Money to add to the Organizational Unit's
17 Base Funding Minimum. The General Assembly must review the
18 State Board's report and may approve or disapprove, by
19 joint resolution, the addition of District Intervention
20 Money. If the General Assembly fails to act on the report
21 within 40 calendar days from the receipt of the report,
22 the addition of District Intervention Money is deemed
23 approved. If the General Assembly approves the amount of
24 District Intervention Money to be added to the
25 Organizational Unit's Base Funding Minimum, the District
26 Intervention Money must be added to the Base Funding

10400HB1075sam003- 626 -LRB104 03072 JDS 27160 a
1 Minimum annually thereafter.
2        For the first 4 years following the initial year that
3 the State Board determines that an Organizational Unit has
4 met the criteria set forth in this paragraph (3) and has
5 received funding under this Section, the Organizational
6 Unit must annually submit to the State Board, on or before
7 November 30, a progress report regarding its financial and
8 strategic plan under subparagraph (C) of this paragraph
9 (3). The plan shall include the financial data from the
10 past 4 annual financial reports or financial audits that
11 must be presented to the State Board by November 15 of each
12 year and the approved budget financial data for the
13 current year. The plan shall be developed according to the
14 guidelines presented to the Organizational Unit by the
15 State Board. The plan shall further include financial
16 projections for the next 3 fiscal years and include a
17 discussion and financial summary of the Organizational
18 Unit's facility needs. If the Organizational Unit does not
19 demonstrate sufficient progress toward its 5-year plan or
20 if it has failed to file an annual financial report, an
21 annual budget, a financial plan, a deficit reduction plan,
22 or other financial information as required by law, the
23 State Board may establish a Financial Oversight Panel
24 under Article 1H of this Code. However, if the
25 Organizational Unit already has a Financial Oversight
26 Panel, the State Board may extend the duration of the

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1 Panel.
2    (f) Percent of Adequacy and Final Resources calculation.
3        (1) The Evidence-Based Funding formula establishes a
4 Percent of Adequacy for each Organizational Unit in order
5 to place such units into tiers for the purposes of the
6 funding distribution system described in subsection (g) of
7 this Section. Initially, an Organizational Unit's
8 Preliminary Resources and Preliminary Percent of Adequacy
9 are calculated pursuant to paragraph (2) of this
10 subsection (f). Then, an Organizational Unit's Final
11 Resources and Final Percent of Adequacy are calculated to
12 account for the Organizational Unit's poverty
13 concentration levels pursuant to paragraphs (3) and (4) of
14 this subsection (f).
15        (2) An Organizational Unit's Preliminary Resources are
16 equal to the sum of its Local Capacity Target, CPPRT, and
17 Base Funding Minimum. An Organizational Unit's Preliminary
18 Percent of Adequacy is the lesser of (i) its Preliminary
19 Resources divided by its Adequacy Target or (ii) 100%.
20        (3) Except for Specially Funded Units, an
21 Organizational Unit's Final Resources are equal to the sum
22 of its Local Capacity, CPPRT, and Adjusted Base Funding
23 Minimum. The Base Funding Minimum of each Specially Funded
24 Unit shall serve as its Final Resources, except that the
25 Base Funding Minimum for State-approved charter schools
26 shall not include any portion of general State aid

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1 allocated in the prior year based on the per capita
2 tuition charge times the charter school enrollment.
3        (4) An Organizational Unit's Final Percent of Adequacy
4 is its Final Resources divided by its Adequacy Target. An
5 Organizational Unit's Adjusted Base Funding Minimum is
6 equal to its Base Funding Minimum less its Supplemental
7 Grant Funding, with the resulting figure added to the
8 product of its Supplemental Grant Funding and Preliminary
9 Percent of Adequacy.
10    (g) Evidence-Based Funding formula distribution system.
11        (1) In each school year under the Evidence-Based
12 Funding formula, each Organizational Unit receives funding
13 equal to the sum of its Base Funding Minimum and the unit's
14 allocation of New State Funds determined pursuant to this
15 subsection (g). To allocate New State Funds, the
16 Evidence-Based Funding formula distribution system first
17 places all Organizational Units into one of 4 tiers in
18 accordance with paragraph (3) of this subsection (g),
19 based on the Organizational Unit's Final Percent of
20 Adequacy. New State Funds are allocated to each of the 4
21 tiers as follows: Tier 1 Aggregate Funding equals 50% of
22 all New State Funds, Tier 2 Aggregate Funding equals 49%
23 of all New State Funds, Tier 3 Aggregate Funding equals
24 0.9% of all New State Funds, and Tier 4 Aggregate Funding
25 equals 0.1% of all New State Funds. Each Organizational
26 Unit within Tier 1 or Tier 2 receives an allocation of New

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1 State Funds equal to its tier Funding Gap, as defined in
2 the following sentence, multiplied by the tier's
3 Allocation Rate determined pursuant to paragraph (4) of
4 this subsection (g). For Tier 1, an Organizational Unit's
5 Funding Gap equals the tier's Target Ratio, as specified
6 in paragraph (5) of this subsection (g), multiplied by the
7 Organizational Unit's Adequacy Target, with the resulting
8 amount reduced by the Organizational Unit's Final
9 Resources. For Tier 2, an Organizational Unit's Funding
10 Gap equals the tier's Target Ratio, as described in
11 paragraph (5) of this subsection (g), multiplied by the
12 Organizational Unit's Adequacy Target, with the resulting
13 amount reduced by the Organizational Unit's Final
14 Resources and its Tier 1 funding allocation. To determine
15 the Organizational Unit's Funding Gap, the resulting
16 amount is then multiplied by a factor equal to one minus
17 the Organizational Unit's Local Capacity Target
18 percentage. Each Organizational Unit within Tier 3 or Tier
19 4 receives an allocation of New State Funds equal to the
20 product of its Adequacy Target and the tier's Allocation
21 Rate, as specified in paragraph (4) of this subsection
22 (g).
23        (2) To ensure equitable distribution of dollars for
24 all Tier 2 Organizational Units, no Tier 2 Organizational
25 Unit shall receive fewer dollars per ASE than any Tier 3
26 Organizational Unit. Each Tier 2 and Tier 3 Organizational

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1 Unit shall have its funding allocation divided by its ASE.
2 Any Tier 2 Organizational Unit with a funding allocation
3 per ASE below the greatest Tier 3 allocation per ASE shall
4 get a funding allocation equal to the greatest Tier 3
5 funding allocation per ASE multiplied by the
6 Organizational Unit's ASE. Each Tier 2 Organizational
7 Unit's Tier 2 funding allocation shall be multiplied by
8 the percentage calculated by dividing the original Tier 2
9 Aggregate Funding by the sum of all Tier 2 Organizational
10 Units' Tier 2 funding allocation after adjusting
11 districts' funding below Tier 3 levels.
12        (3) Organizational Units are placed into one of 4
13 tiers as follows:
14            (A) Tier 1 consists of all Organizational Units,
15 except for Specially Funded Units, with a Percent of
16 Adequacy less than the Tier 1 Target Ratio. The Tier 1
17 Target Ratio is the ratio level that allows for Tier 1
18 Aggregate Funding to be distributed, with the Tier 1
19 Allocation Rate determined pursuant to paragraph (4)
20 of this subsection (g).
21            (B) Tier 2 consists of all Tier 1 Units and all
22 other Organizational Units, except for Specially
23 Funded Units, with a Percent of Adequacy of less than
24 0.90.
25            (C) Tier 3 consists of all Organizational Units,
26 except for Specially Funded Units, with a Percent of

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1 Adequacy of at least 0.90 and less than 1.0.
2            (D) Tier 4 consists of all Organizational Units
3 with a Percent of Adequacy of at least 1.0.
4        (4) The Allocation Rates for Tiers 1 through 4 are
5 determined as follows:
6            (A) The Tier 1 Allocation Rate is 30%.
7            (B) The Tier 2 Allocation Rate is the result of the
8 following equation: Tier 2 Aggregate Funding, divided
9 by the sum of the Funding Gaps for all Tier 2
10 Organizational Units, unless the result of such
11 equation is higher than 1.0. If the result of such
12 equation is higher than 1.0, then the Tier 2
13 Allocation Rate is 1.0.
14            (C) The Tier 3 Allocation Rate is the result of the
15 following equation: Tier 3 Aggregate Funding, divided
16 by the sum of the Adequacy Targets of all Tier 3
17 Organizational Units.
18            (D) The Tier 4 Allocation Rate is the result of the
19 following equation: Tier 4 Aggregate Funding, divided
20 by the sum of the Adequacy Targets of all Tier 4
21 Organizational Units.
22        (5) A tier's Target Ratio is determined as follows:
23            (A) The Tier 1 Target Ratio is the ratio level that
24 allows for Tier 1 Aggregate Funding to be distributed
25 with the Tier 1 Allocation Rate.
26            (B) The Tier 2 Target Ratio is 0.90.

10400HB1075sam003- 632 -LRB104 03072 JDS 27160 a
1            (C) The Tier 3 Target Ratio is 1.0.
2        (6) If, at any point, the Tier 1 Target Ratio is
3 greater than 90%, then all Tier 1 funding shall be
4 allocated to Tier 2 and no Tier 1 Organizational Unit's
5 funding may be identified.
6        (7) In the event that all Tier 2 Organizational Units
7 receive funding at the Tier 2 Target Ratio level, any
8 remaining New State Funds shall be allocated to Tier 3 and
9 Tier 4 Organizational Units.
10        (8) If any Specially Funded Units, excluding Glenwood
11 Academy, recognized by the State Board do not qualify for
12 direct funding following the implementation of Public Act
13 100-465 from any of the funding sources included within
14 the definition of Base Funding Minimum, the unqualified
15 portion of the Base Funding Minimum shall be transferred
16 to one or more appropriate Organizational Units as
17 determined by the State Superintendent based on the prior
18 year ASE of the Organizational Units.
19        (8.5) If a school district withdraws from a special
20 education cooperative, the portion of the Base Funding
21 Minimum that is attributable to the school district may be
22 redistributed to the school district upon withdrawal. The
23 school district and the cooperative must include the
24 amount of the Base Funding Minimum that is to be
25 reapportioned in their withdrawal agreement and notify the
26 State Board of the change with a copy of the agreement upon

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1 withdrawal.
2        (9) The Minimum Funding Level is intended to establish
3 a target for State funding that will keep pace with
4 inflation and continue to advance equity through the
5 Evidence-Based Funding formula. The target for State
6 funding of New Property Tax Relief Pool Funds is
7 $50,000,000 for State fiscal year 2019 and subsequent
8 State fiscal years. The Minimum Funding Level is equal to
9 $350,000,000. In addition to any New State Funds, no more
10 than $50,000,000 New Property Tax Relief Pool Funds may be
11 counted toward the Minimum Funding Level. If the sum of
12 New State Funds and applicable New Property Tax Relief
13 Pool Funds are less than the Minimum Funding Level, than
14 funding for tiers shall be reduced in the following
15 manner:
16            (A) First, Tier 4 funding shall be reduced by an
17 amount equal to the difference between the Minimum
18 Funding Level and New State Funds until such time as
19 Tier 4 funding is exhausted.
20            (B) Next, Tier 3 funding shall be reduced by an
21 amount equal to the difference between the Minimum
22 Funding Level and New State Funds and the reduction in
23 Tier 4 funding until such time as Tier 3 funding is
24 exhausted.
25            (C) Next, Tier 2 funding shall be reduced by an
26 amount equal to the difference between the Minimum

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1 Funding Level and New State Funds and the reduction in
2 Tier 4 and Tier 3.
3            (D) Finally, Tier 1 funding shall be reduced by an
4 amount equal to the difference between the Minimum
5 Funding level and New State Funds and the reduction in
6 Tier 2, 3, and 4 funding. In addition, the Allocation
7 Rate for Tier 1 shall be reduced to a percentage equal
8 to the Tier 1 Allocation Rate set by paragraph (4) of
9 this subsection (g), multiplied by the result of New
10 State Funds divided by the Minimum Funding Level.
11        (9.5) For State fiscal year 2019 and subsequent State
12 fiscal years, except State fiscal year 2026, if New State
13 Funds exceed $300,000,000, then any amount in excess of
14 $300,000,000 shall be dedicated for purposes of Section
15 2-3.170 of this Code up to a maximum of $50,000,000.
16        (10) In the event of a decrease in the amount of the
17 appropriation for this Section in any fiscal year after
18 implementation of this Section, the Organizational Units
19 receiving Tier 1 and Tier 2 funding, as determined under
20 paragraph (3) of this subsection (g), shall be held
21 harmless by establishing a Base Funding Guarantee equal to
22 the per pupil kindergarten through grade 12 funding
23 received in accordance with this Section in the prior
24 fiscal year. Reductions shall be made to the Base Funding
25 Minimum of Organizational Units in Tier 3 and Tier 4 on a
26 per pupil basis equivalent to the total number of the ASE

10400HB1075sam003- 635 -LRB104 03072 JDS 27160 a
1 in Tier 3-funded and Tier 4-funded Organizational Units
2 divided by the total reduction in State funding. The Base
3 Funding Minimum as reduced shall continue to be applied to
4 Tier 3 and Tier 4 Organizational Units and adjusted by the
5 relative formula when increases in appropriations for this
6 Section resume. In no event may State funding reductions
7 to Organizational Units in Tier 3 or Tier 4 exceed an
8 amount that would be less than the Base Funding Minimum
9 established in the first year of implementation of this
10 Section. If additional reductions are required, all school
11 districts shall receive a reduction by a per pupil amount
12 equal to the aggregate additional appropriation reduction
13 divided by the total ASE of all Organizational Units.
14        (11) The State Superintendent shall make minor
15 adjustments to the distribution formula set forth in this
16 subsection (g) to account for the rounding of percentages
17 to the nearest tenth of a percentage and dollar amounts to
18 the nearest whole dollar.
19    (h) State Superintendent administration of funding and
20district submission requirements.
21        (1) The State Superintendent shall, in accordance with
22 appropriations made by the General Assembly, meet the
23 funding obligations created under this Section.
24        (2) The State Superintendent shall calculate the
25 Adequacy Target for each Organizational Unit under this
26 Section. No Evidence-Based Funding shall be distributed

10400HB1075sam003- 636 -LRB104 03072 JDS 27160 a
1 within an Organizational Unit without the approval of the
2 unit's school board.
3        (3) Annually, the State Superintendent shall calculate
4 and report to each Organizational Unit the unit's
5 aggregate financial adequacy amount, which shall be the
6 sum of the Adequacy Target for each Organizational Unit.
7 The State Superintendent shall calculate and report
8 separately for each Organizational Unit the unit's total
9 State funds allocated for its students with disabilities.
10 The State Superintendent shall calculate and report
11 separately for each Organizational Unit the amount of
12 funding and applicable FTE calculated for each Essential
13 Element of the unit's Adequacy Target.
14        (4) Annually, the State Superintendent shall calculate
15 and report to each Organizational Unit the amount the unit
16 must expend on special education and bilingual education
17 and computer technology and equipment for Organizational
18 Units assigned to Tier 1 or Tier 2 that received an
19 additional $285.50 per student computer technology and
20 equipment investment grant to their Adequacy Target
21 pursuant to the unit's Base Funding Minimum, Special
22 Education Allocation, Bilingual Education Allocation, and
23 computer technology and equipment investment allocation.
24        (5) Moneys distributed under this Section shall be
25 calculated on a school year basis, but paid on a fiscal
26 year basis, with payments beginning in August and

10400HB1075sam003- 637 -LRB104 03072 JDS 27160 a
1 extending through June. Unless otherwise provided, the
2 moneys appropriated for each fiscal year shall be
3 distributed in 22 equal payments at least 2 times monthly
4 to each Organizational Unit. If moneys appropriated for
5 any fiscal year are distributed other than monthly, the
6 distribution shall be on the same basis for each
7 Organizational Unit.
8        (6) Any school district that fails, for any given
9 school year, to maintain school as required by law or to
10 maintain a recognized school is not eligible to receive
11 Evidence-Based Funding. In case of non-recognition of one
12 or more attendance centers in a school district otherwise
13 operating recognized schools, the claim of the district
14 shall be reduced in the proportion that the enrollment in
15 the attendance center or centers bears to the enrollment
16 of the school district. "Recognized school" means any
17 public school that meets the standards for recognition by
18 the State Board. A school district or attendance center
19 not having recognition status at the end of a school term
20 is entitled to receive State aid payments due upon a legal
21 claim that was filed while it was recognized.
22        (7) School district claims filed under this Section
23 are subject to Sections 18-9 and 18-12 of this Code,
24 except as otherwise provided in this Section.
25        (8) Each fiscal year, the State Superintendent shall
26 calculate for each Organizational Unit an amount of its

10400HB1075sam003- 638 -LRB104 03072 JDS 27160 a
1 Base Funding Minimum and Evidence-Based Funding that shall
2 be deemed attributable to the provision of special
3 educational facilities and services, as defined in Section
4 14-1.08 of this Code, in a manner that ensures compliance
5 with maintenance of State financial support requirements
6 under the federal Individuals with Disabilities Education
7 Act. An Organizational Unit must use such funds only for
8 the provision of special educational facilities and
9 services, as defined in Section 14-1.08 of this Code, and
10 must comply with any expenditure verification procedures
11 adopted by the State Board.
12        (9) All Organizational Units in this State must submit
13 annual spending plans, as part of the budget submission
14 process, no later than October 31 of each year to the State
15 Board. The spending plan shall describe how each
16 Organizational Unit will utilize the Base Funding Minimum
17 and Evidence-Based Funding it receives from this State
18 under this Section with specific identification of the
19 intended utilization of Low-Income, English learner, and
20 special education resources. Additionally, the annual
21 spending plans of each Organizational Unit shall describe
22 how the Organizational Unit expects to achieve student
23 growth and how the Organizational Unit will achieve State
24 education goals, as defined by the State Board, and shall
25 indicate which stakeholder groups the Organizational Unit
26 engaged with to inform its annual spending plans. The

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1 State Superintendent may, from time to time, identify
2 additional requisites for Organizational Units to satisfy
3 when compiling the annual spending plans required under
4 this subsection (h). The format and scope of annual
5 spending plans shall be developed by the State
6 Superintendent and the State Board of Education. School
7 districts that serve students under Article 14C of this
8 Code shall continue to submit information as required
9 under Section 14C-12 of this Code. Annual spending plans
10 required under this subsection (h) shall be integrated
11 into annual school district budgets completed pursuant to
12 Section 17-1 or Section 34-43. Organizational Units that
13 do not submit a budget to the State Board shall be provided
14 with a separate planning template developed by the State
15 Board. The State Board shall create an Evidence-Based
16 Funding spending plan tool to make Evidence-Based Funding
17 spending plan data for each Organizational Unit available
18 on the State Board's website no later than December 31,
19 2025, with annual updates thereafter. The tool shall allow
20 for the selection and review of each Organizational Unit's
21 planned use of Evidence-Based Funding.
22        (10) No later than January 1, 2018, the State
23 Superintendent shall develop a 5-year strategic plan for
24 all Organizational Units to help in planning for adequacy
25 funding under this Section. The State Superintendent shall
26 submit the plan to the Governor and the General Assembly,

10400HB1075sam003- 640 -LRB104 03072 JDS 27160 a
1 as provided in Section 3.1 of the General Assembly
2 Organization Act. The plan shall include recommendations
3 for:
4            (A) a framework for collaborative, professional,
5 innovative, and 21st century learning environments
6 using the Evidence-Based Funding model;
7            (B) ways to prepare and support this State's
8 educators for successful instructional careers;
9            (C) application and enhancement of the current
10 financial accountability measures, the approved State
11 plan to comply with the federal Every Student Succeeds
12 Act, and the Illinois Balanced Accountability Measures
13 in relation to student growth and elements of the
14 Evidence-Based Funding model; and
15            (D) implementation of an effective school adequacy
16 funding system based on projected and recommended
17 funding levels from the General Assembly.
18        (11) On an annual basis, the State Superintendent must
19 recalibrate all of the following per pupil elements of the
20 Adequacy Target and applied to the formulas, based on the
21 study of average expenses and as reported in the most
22 recent annual financial report:
23            (A) Gifted under subparagraph (M) of paragraph (2)
24 of subsection (b).
25            (B) Instructional materials under subparagraph (O)
26 of paragraph (2) of subsection (b).

10400HB1075sam003- 641 -LRB104 03072 JDS 27160 a
1            (C) Assessment under subparagraph (P) of paragraph
2 (2) of subsection (b).
3            (D) Student activities under subparagraph (R) of
4 paragraph (2) of subsection (b).
5            (E) Maintenance and operations under subparagraph
6 (S) of paragraph (2) of subsection (b).
7            (F) Central office under subparagraph (T) of
8 paragraph (2) of subsection (b).
9    (i) Professional Review Panel.
10        (1) A Professional Review Panel is created to study
11 and review topics related to the implementation and effect
12 of Evidence-Based Funding, as assigned by a joint
13 resolution or Public Act of the General Assembly or a
14 motion passed by the State Board of Education. The Panel
15 must provide recommendations to and serve the Governor,
16 the General Assembly, and the State Board. The State
17 Superintendent or his or her designee must serve as a
18 voting member and chairperson of the Panel. The State
19 Superintendent must appoint a vice chairperson from the
20 membership of the Panel. The Panel must advance
21 recommendations based on a three-fifths majority vote of
22 Panel members present and voting. A minority opinion may
23 also accompany any recommendation of the Panel. The Panel
24 shall be appointed by the State Superintendent, except as
25 otherwise provided in paragraph (2) of this subsection (i)
26 and include the following members:

10400HB1075sam003- 642 -LRB104 03072 JDS 27160 a
1            (A) Two appointees that represent district
2 superintendents, recommended by a statewide
3 organization that represents district superintendents.
4            (B) Two appointees that represent school boards,
5 recommended by a statewide organization that
6 represents school boards.
7            (C) Two appointees from districts that represent
8 school business officials, recommended by a statewide
9 organization that represents school business
10 officials.
11            (D) Two appointees that represent school
12 principals, recommended by a statewide organization
13 that represents school principals.
14            (E) Two appointees that represent teachers,
15 recommended by a statewide organization that
16 represents teachers.
17            (F) Two appointees that represent teachers,
18 recommended by another statewide organization that
19 represents teachers.
20            (G) Two appointees that represent regional
21 superintendents of schools, recommended by
22 organizations that represent regional superintendents.
23            (H) Two independent experts selected solely by the
24 State Superintendent.
25            (I) Two independent experts recommended by public
26 universities in this State.

10400HB1075sam003- 643 -LRB104 03072 JDS 27160 a
1            (J) One member recommended by a statewide
2 organization that represents parents.
3            (K) Two representatives recommended by collective
4 impact organizations that represent major metropolitan
5 areas or geographic areas in Illinois.
6            (L) One member from a statewide organization
7 focused on research-based education policy to support
8 a school system that prepares all students for
9 college, a career, and democratic citizenship.
10            (M) One representative from a school district
11 organized under Article 34 of this Code.
12        The State Superintendent shall ensure that the
13 membership of the Panel includes representatives from
14 school districts and communities reflecting the
15 geographic, socio-economic, racial, and ethnic diversity
16 of this State. The State Superintendent shall additionally
17 ensure that the membership of the Panel includes
18 representatives with expertise in bilingual education and
19 special education. Staff from the State Board shall staff
20 the Panel.
21        (2) In addition to those Panel members appointed by
22 the State Superintendent, 4 members of the General
23 Assembly shall be appointed as follows: one member of the
24 House of Representatives appointed by the Speaker of the
25 House of Representatives, one member of the Senate
26 appointed by the President of the Senate, one member of

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1 the House of Representatives appointed by the Minority
2 Leader of the House of Representatives, and one member of
3 the Senate appointed by the Minority Leader of the Senate.
4 There shall be one additional member appointed by the
5 Governor. All members appointed by legislative leaders or
6 the Governor shall be non-voting, ex officio members.
7        (3) The Panel must study topics at the direction of
8 the General Assembly or State Board of Education, as
9 provided under paragraph (1). The Panel may also study the
10 following topics at the direction of the chairperson:
11            (A) The format and scope of annual spending plans
12 referenced in paragraph (9) of subsection (h) of this
13 Section.
14            (B) The Comparable Wage Index under this Section.
15            (C) Maintenance and operations, including capital
16 maintenance and construction costs.
17            (D) "At-risk student" definition.
18            (E) Benefits.
19            (F) Technology.
20            (G) Local Capacity Target.
21            (H) Funding for Alternative Schools, Laboratory
22 Schools, safe schools, and alternative learning
23 opportunities programs.
24            (I) Funding for college and career acceleration
25 strategies.
26            (J) Special education investments.

10400HB1075sam003- 645 -LRB104 03072 JDS 27160 a
1            (K) Early childhood investments, in collaboration
2 with the Illinois Early Learning Council.
3        (4) (Blank).
4        (5) Within 5 years after the implementation of this
5 Section, and every 5 years thereafter, the Panel shall
6 complete an evaluative study of the entire Evidence-Based
7 Funding model, including an assessment of whether or not
8 the formula is achieving State goals. The Panel shall
9 report to the State Board, the General Assembly, and the
10 Governor on the findings of the study.
11        (6) (Blank).
12        (7) To ensure that (i) the Adequacy Target calculation
13 under subsection (b) accurately reflects the needs of
14 students living in poverty or attending schools located in
15 areas of high poverty, (ii) racial equity within the
16 Evidence-Based Funding formula is explicitly explored and
17 advanced, and (iii) the funding goals of the formula
18 distribution system established under this Section are
19 sufficient to provide adequate funding for every student
20 and to fully fund every school in this State, the Panel
21 shall review the Essential Elements under paragraph (2) of
22 subsection (b). The Panel shall consider all of the
23 following in its review:
24            (A) The financial ability of school districts to
25 provide instruction in a foreign language to every
26 student and whether an additional Essential Element

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1 should be added to the formula to ensure that every
2 student has access to instruction in a foreign
3 language.
4            (B) The adult-to-student ratio for each Essential
5 Element in which a ratio is identified. The Panel
6 shall consider whether the ratio accurately reflects
7 the staffing needed to support students living in
8 poverty or who have traumatic backgrounds.
9            (C) Changes to the Essential Elements that may be
10 required to better promote racial equity and eliminate
11 structural racism within schools.
12            (D) The impact of investing $350,000,000 in
13 additional funds each year under this Section and an
14 estimate of when the school system will become fully
15 funded under this level of appropriation.
16            (E) Provide an overview of alternative funding
17 structures that would enable the State to become fully
18 funded at an earlier date.
19            (F) The potential to increase efficiency and to
20 find cost savings within the school system to expedite
21 the journey to a fully funded system.
22            (G) The appropriate levels for reenrolling and
23 graduating high-risk high school students who have
24 been previously out of school. These outcomes shall
25 include enrollment, attendance, skill gains, credit
26 gains, graduation or promotion to the next grade

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1 level, and the transition to college, training, or
2 employment, with an emphasis on progressively
3 increasing the overall attendance.
4            (H) The evidence-based or research-based practices
5 that are shown to reduce the gaps and disparities
6 experienced by African American students in academic
7 achievement and educational performance, including
8 practices that have been shown to reduce disparities
9 in disciplinary rates, drop-out rates, graduation
10 rates, college matriculation rates, and college
11 completion rates.
12        On or before December 31, 2021, the Panel shall report
13 to the State Board, the General Assembly, and the Governor
14 on the findings of its review. This paragraph (7) is
15 inoperative on and after July 1, 2022.
16        (8) On or before April 1, 2024, the Panel must submit a
17 report to the General Assembly on annual adjustments to
18 Glenwood Academy's base-funding minimum in a similar
19 fashion to school districts under this Section.
20    (j) References. Beginning July 1, 2017, references in
21other laws to general State aid funds or calculations under
22Section 18-8.05 of this Code (now repealed) shall be deemed to
23be references to evidence-based model formula funds or
24calculations under this Section.
25(Source: P.A. 102-33, eff. 6-25-21; 102-197, eff. 7-30-21;
26102-558, eff. 8-20-21; 102-699, eff. 4-19-22; 102-782, eff.

10400HB1075sam003- 648 -LRB104 03072 JDS 27160 a
11-1-23; 102-813, eff. 5-13-22; 102-894, eff. 5-20-22; 103-8,
2eff. 6-7-23; 103-154, eff. 6-30-23; 103-175, eff. 6-30-23;
3103-605, eff. 7-1-24; 103-780, eff. 8-2-24; 103-802, eff.
41-1-25; revised 11-26-24.)
5
ARTICLE 45.
6    Section 45-5. The Illinois Public Aid Code is amended by
7changing Sections 5-5.7a and 5H-1 and by adding Sections 5-61
8and 5A-18 as follows:
9    (305 ILCS 5/5-5.7a)
10    Sec. 5-5.7a. Pandemic related stability payments for
11health care providers. Notwithstanding other provisions of
12law, and in accordance with the Illinois Emergency Management
13Agency, the Department of Healthcare and Family Services shall
14develop a process to distribute pandemic related stability
15payments, from federal sources dedicated for such purposes, to
16health care providers that are providing care to recipients
17under the Medical Assistance Program. For provider types
18serving residents who are recipients of medical assistance
19under this Code and are funded by other State agencies, the
20Department will coordinate the distribution process of the
21pandemic related stability payments. Federal sources dedicated
22to pandemic related payments include, but are not limited to,
23funds distributed to the State of Illinois from the

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1Coronavirus Relief Fund pursuant to the Coronavirus Aid,
2Relief, and Economic Security Act ("CARES Act") and from the
3Coronavirus State Fiscal Recovery Fund pursuant to Section
49901 of the American Rescue Plan Act of 2021, that are
5appropriated to the Department during Fiscal Years 2020, 2021,
6and 2022 for purposes permitted by those federal laws and
7related federal guidance.
8        (1) Pandemic related stability payments for these
9 providers shall be separate and apart from any rate
10 methodology otherwise defined in this Code to the extent
11 permitted in accordance with Section 5001 of the CARES Act
12 and Section 9901 of the American Rescue Plan Act of 2021
13 and any related federal guidance.
14        (2) Payments made from moneys received from the
15 Coronavirus Relief Fund shall be used exclusively for
16 expenses incurred by the providers that are eligible for
17 reimbursement from the Coronavirus Relief Fund in
18 accordance with Section 5001 of the CARES Act and related
19 federal guidance. Payments made from moneys received from
20 the Coronavirus State Fiscal Recovery Fund shall be used
21 exclusively for purposes permitted by Section 9901 of the
22 American Rescue Plan Act of 2021 and related federal
23 guidance.
24        (3) All providers receiving pandemic related stability
25 payments shall attest in a format to be created by the
26 Department and be able to demonstrate that their expenses

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1 are pandemic related, were not part of their annual
2 budgets established before March 1, 2020.
3        (4) Pandemic related stability payments will be
4 distributed based on a schedule and framework to be
5 established by the Department with recognition of the
6 pandemic related acuity of the situation for each
7 provider, taking into account the factors including, but
8 not limited to, the following:
9            (A) the impact of the pandemic on patients served,
10 impact on staff, and shortages of the personal
11 protective equipment necessary for infection control
12 efforts for all providers;
13            (B) COVID-19 positivity rates among staff, or
14 patients, or both;
15            (C) pandemic related workforce challenges and
16 costs associated with temporary wage increases
17 associated with pandemic related hazard pay programs,
18 or costs associated with which providers do not have
19 enough staff to adequately provide care and protection
20 to the residents and other staff;
21            (D) providers with significant reductions in
22 utilization that result in corresponding reductions in
23 revenue as a result of the pandemic, including, but
24 not limited to, the cancellation or postponement of
25 elective procedures and visits;
26            (E) pandemic related payments received directly by

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1 the providers through other federal resources;
2            (F) current efforts to respond to and provide
3 services to communities disproportionately impacted by
4 the COVID-19 public health emergency, including
5 low-income and socially vulnerable communities that
6 have seen the most severe health impacts and
7 exacerbated health inequities along racial, ethnic,
8 and socioeconomic lines; and
9            (G) provider needs for capital improvements to
10 existing facilities, including upgrades to HVAC and
11 ventilation systems and capital improvements for
12 enhancing infection control or reducing crowding,
13 which may include bed-buybacks.
14        (5) Pandemic related stability payments made from
15 moneys received from the Coronavirus Relief Fund will be
16 distributed to providers based on a methodology to be
17 administered by the Department with amounts determined by
18 a calculation of total federal pandemic related funds
19 appropriated by the Illinois General Assembly for this
20 purpose. Providers receiving the pandemic related
21 stability payments will attest to their increased costs,
22 declining revenues, and receipt of additional pandemic
23 related funds directly from the federal government.
24        (6) Of the payments provided for by this Section made
25 from moneys received from the Coronavirus Relief Fund, a
26 minimum of 30% shall be allotted for health care providers

10400HB1075sam003- 652 -LRB104 03072 JDS 27160 a
1 that serve the ZIP codes located in the most
2 disproportionately impacted areas of Illinois, based on
3 positive COVID-19 cases based on data collected by the
4 Department of Public Health and provided to the Department
5 of Healthcare and Family Services.
6        (7) From funds appropriated, directly or indirectly,
7 from moneys received by the State from the Coronavirus
8 State Fiscal Recovery Fund for Fiscal Years 2021 and 2022,
9 the Department shall expend such funds only for purposes
10 permitted by Section 9901 of the American Rescue Plan Act
11 of 2021 and related federal guidance. Such expenditures
12 may include, but are not limited to: payments to providers
13 for costs incurred due to the COVID-19 public health
14 emergency; unreimbursed costs for testing and treatment of
15 uninsured Illinois residents; costs of COVID-19 mitigation
16 and prevention; medical expenses related to aftercare or
17 extended care for COVID-19 patients with longer term
18 symptoms and effects; costs of behavioral health care;
19 costs of public health and safety staff; and expenditures
20 permitted in order to address (i) disparities in public
21 health outcomes, (ii) nursing and other essential health
22 care workforce investments, (iii) exacerbation of
23 pre-existing disparities, and (iv) promoting healthy
24 childhood environments.
25        (8) From funds appropriated, directly or indirectly,
26 from moneys received by the State from the Coronavirus

10400HB1075sam003- 653 -LRB104 03072 JDS 27160 a
1 State Fiscal Recovery Fund for Fiscal Years 2022 and 2023,
2 the Department shall establish a program for making
3 payments to long term care service providers and
4 facilities, for purposes related to financial support for
5 workers in the long term care industry, but only as
6 permitted by either the CARES Act or Section 9901 of the
7 American Rescue Plan Act of 2021 and related federal
8 guidance, including, but not limited to the following:
9 monthly amounts of $25,000,000 per month for July 2021,
10 August 2021, and September 2021 where at least 50% of the
11 funds in July shall be passed directly to front line
12 workers and an additional 12.5% more in each of the next 2
13 months; financial support programs for providers enhancing
14 direct care staff recruitment efforts through the payment
15 of education expenses; and financial support programs for
16 providers offering enhanced and expanded training for all
17 levels of the long term care healthcare workforce to
18 achieve better patient outcomes, such as training on
19 infection control, proper personal protective equipment,
20 best practices in quality of care, and culturally
21 competent patient communications. The Department shall
22 have the authority to audit and potentially recoup funds
23 not utilized as outlined and attested. Subject to
24 appropriation from the State Coronavirus Urgent
25 Remediation Emergency Fund, during Fiscal Year 2026, the
26 Department may make expenditures as provided in this

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1 paragraph to eligible providers that did not receive
2 payments in prior fiscal years.    
3        (8.5) From funds appropriated, directly or indirectly,
4 from moneys received by the State from the Coronavirus
5 State Fiscal Recovery Fund, the Department shall establish
6 a grant program to provide premium pay and retention
7 incentives to front line workers at facilities licensed by
8 the Department of Public Health under the Nursing Home
9 Care Act as skilled nursing facilities or intermediate
10 care facilities.
11            (A) Awards pursuant to this program shall comply
12 with the requirements of Section 9901 of the American
13 Rescue Plan Act of 2021 and all related federal
14 guidance. Awards shall be scaled based on a process
15 determined by the Department. The amount awarded to
16 each recipient shall not exceed $3.17 per nursing
17 hour. Awards shall be for eligible expenditures
18 incurred no earlier than May 1, 2022 and no later than
19 June 30, 2023.
20            (B) Financial assistance under this paragraph
21 (8.5) shall be expended for:
22                (i) premium pay for eligible workers, which
23 must be in addition to any wages or remuneration
24 the eligible worker has already received and shall
25 be subject to the other requirements and
26 limitations set forth in the American Rescue Plan

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1 Act of 2021 and related federal guidance; and
2                (ii) retention incentives paid to eligible
3 workers that are necessary for the facility to
4 respond to the impacts of the public health
5 emergency.
6            (C) Upon receipt of funds, recipients shall
7 distribute funds such that eligible workers receive an
8 amount up to $13 per hour but no more than $25,000 for
9 the duration of the program. Recipients shall provide
10 a written certification to the Department
11 acknowledging compliance with this paragraph.
12            (D) No portion of these funds shall be spent on
13 volunteer or temporary staff, and these funds shall
14 not be used to make retroactive premium payments
15 before April 19, 2022, (the effective date of Public
16 Act 102-699) this amendatory Act of the 102nd General
17 Assembly.
18            (E) The Department shall require each recipient
19 under this paragraph to submit appropriate
20 documentation acknowledging compliance with State and
21 federal law. For purposes of this paragraph, "eligible
22 worker" means a permanent staff member, regardless of
23 union affiliation, of a facility licensed by the
24 Department of Public Health under the Nursing Home
25 Care Act as a skilled nursing facility or intermediate
26 care facility engaged in "essential work", as defined

10400HB1075sam003- 656 -LRB104 03072 JDS 27160 a
1 by Section 9901 of the American Rescue Plan Act of 2021
2 and related federal guidance, and (1) whose total pay
3 is below 150% of the average annual wage for all
4 occupations in the worker's county of residence, as
5 defined by the Bureau of Labor Statistics Occupational
6 Employment and Wage Statistics, or (2) is not exempt
7 from the federal Fair Labor Standards Act overtime
8 provisions.
9        (9) From funds appropriated, directly or indirectly,
10 from moneys received by the State from the Coronavirus
11 State Fiscal Recovery Fund for Fiscal Years 2022 through
12 2024 the Department shall establish programs for making
13 payments to facilities licensed under the Nursing Home
14 Care Act and facilities licensed under the Specialized
15 Mental Health Rehabilitation Act of 2013. Subject to
16 appropriation from the State Coronavirus Urgent
17 Remediation Emergency Fund, during Fiscal Year 2026 only,
18 the Department may make expenditures as provided in this
19 paragraph to eligible facilities that did not receive
20 payments in prior fiscal years. To the extent permitted by
21 Section 9901 of the American Rescue Plan Act of 2021 and
22 related federal guidance, the programs shall provide:
23            (A) Payments for making permanent improvements to
24 resident rooms in order to improve resident outcomes
25 and infection control. Funds may be used to reduce bed
26 capacity and room occupancy. To be eligible for

10400HB1075sam003- 657 -LRB104 03072 JDS 27160 a
1 funding, a facility must submit an application to the
2 Department as prescribed by the Department and as
3 published on its website. A facility may need to
4 receive approval from the Health Facilities and
5 Services Review Board for the permanent improvements
6 or the removal of the beds before it can receive
7 payment under this paragraph.
8            (B) Payments to reimburse facilities licensed by
9 the Department of Public Health under the Nursing Home
10 Care Act as skilled nursing facilities or intermediate
11 care facilities for eligible expenses related to the
12 public health impacts of the COVID-19 public health
13 emergency, including, but not limited to, costs
14 related to COVID-19 testing for residents, COVID-19
15 prevention and treatment equipment, medical supplies,
16 and personal protective equipment.
17                (i) Awards made pursuant to this program shall
18 comply with the requirements of Section 9901 of
19 the American Rescue Plan Act of 2021 and all
20 related federal guidance. The amount awarded to
21 each recipient shall not exceed $1.71 per nursing
22 hour. Permissible expenditures must be made no
23 earlier than May 1, 2022 and no later than June 30,
24 2023.
25                (ii) Financial assistance pursuant to this
26 paragraph shall not be expended for premium pay.

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1                (iii) The Department shall require each
2 recipient under this paragraph to submit
3 appropriate documentation acknowledging
4 compliance with State and federal law.
5(Source: P.A. 102-16, eff. 6-17-21; 102-687, eff. 12-17-21;
6102-699, eff. 4-19-22; 103-8, eff. 6-7-23.)
7    (305 ILCS 5/5-61 new)
8    Sec. 5-61. Advance payment reporting. Notwithstanding any
9provision of State law to the contrary, the Department of
10Healthcare and Family Services shall provide notice to the
11Director of the Governor's Office of Management and Budget, or
12the Director's designee, prior to making, causing to be made,
13or agreeing to make, pursuant to the rules of the Department of
14Healthcare and Family Services, any advance payment to any
15hospital pursuant to this Article.
16    By July 31, 2025, the Department of Healthcare and Family
17Services shall provide to the Director of the Governor's
18Office of Management and Budget, or the Director's designee, a
19report of advance payments made to hospitals during State
20fiscal year 2025. By August 29, 2025, and by the last business
21day of each month thereafter, the Department of Healthcare and
22Family Services shall provide to the Director of the
23Governor's Office of Management and Budget, or the Director's
24designee, a report of advance payments made to hospitals
25during the preceding calendar month. Reports of advance

10400HB1075sam003- 659 -LRB104 03072 JDS 27160 a
1payments shall identify the following:
2        (1) name of the hospital;
3        (2) date of the advance payment;
4        (3) advance payment amount requested;
5        (4) advance payment amount approved;
6        (5) basis for the advance payment request and basis of
7 approval; and
8        (6) repayment date, if applicable.
9    (305 ILCS 5/5A-18 new)
10    Sec. 5A-18. Advance payment reporting. Notwithstanding any
11provision of State law to the contrary, the Department of
12Healthcare and Family Services shall provide notice to the
13Director of the Governor's Office of Management and Budget, or
14the Director's designee, prior to making, causing to be made,
15or agreeing to make, pursuant to the rules of the Department of
16Healthcare and Family Services, any advance payment to any
17hospital pursuant to this Article.
18    By July 31, 2025, the Department of Healthcare and Family
19Services shall provide to the Director of the Governor's
20Office of Management and Budget, or the Director's designee, a
21report of advance payments made to hospitals during State
22fiscal year 2025. By August 29, 2025, and by the last business
23day of each month thereafter, the Department of Healthcare and
24Family Services shall provide to the Director of the
25Governor's Office of Management and Budget, or the Director's

10400HB1075sam003- 660 -LRB104 03072 JDS 27160 a
1designee, a report of advance payments made to hospitals
2during the preceding calendar month. Reports of advance
3payments shall identify the following:
4        (1) name of the hospital;
5        (2) date of the advance payment;
6        (3) advance payment amount requested;
7        (4) advance payment amount approved;
8        (5) basis for the advance payment request and basis of
9 approval; and
10        (6) repayment date, if applicable.
11    (305 ILCS 5/5H-1)
12    Sec. 5H-1. Definitions. As used in this Article:
13    "Base year" means the 12-month period from January 1, 2023
14to December 31, 2023.
15    "Department" means the Department of Healthcare and Family
16Services.
17    "Federal employee health benefit" means the program of
18health benefits plans, as defined in 5 U.S.C. 8901, available
19to federal employees under 5 U.S.C. 8901 to 8914.
20    "Fund" means the Healthcare Provider Relief Fund.
21    "Managed care organization" means an entity operating
22under a certificate of authority issued pursuant to the Health
23Maintenance Organization Act or as a Managed Care Community
24Network pursuant to Section 5-11 of this Code.
25    "Medicaid managed care organization" means a managed care

10400HB1075sam003- 661 -LRB104 03072 JDS 27160 a
1organization under contract with the Department to provide
2services to recipients of benefits in the medical assistance
3program pursuant to Article V of this Code, the Children's
4Health Insurance Program Act, or the Covering ALL KIDS Health
5Insurance Act. It does not include contracts the same entity
6or an affiliated entity has for other business.
7    "Medicare" means the federal Medicare program established
8under Title XVIII of the federal Social Security Act.
9    "Member months" means the aggregate total number of months
10all individuals are enrolled for coverage in a Managed Care
11Organization during the base year. Member months are
12determined by the Department for Medicaid Managed Care
13Organizations based on enrollment data in its Medicaid
14Management Information System and by the Department of
15Insurance for other Managed Care Organizations based on
16required filings with the Department of Insurance. Member
17months do not include months individuals are enrolled in a
18Limited Health Services Organization, including stand-alone
19dental or vision plans, a Medicare Advantage Plan, a Medicare
20Supplement Plan, a Medicaid Medicare Alignment Initiate Plan
21pursuant to a Memorandum of Understanding between the
22Department and the Federal Centers for Medicare and Medicaid
23Services or a Federal Employee Health Benefits Plan.
24(Source: P.A. 102-558, eff. 8-20-21; 103-593, eff. 6-7-24.)
25
Article 50.

10400HB1075sam003- 662 -LRB104 03072 JDS 27160 a
1    Section 50-5. The Deposit of State Moneys Act is amended
2by changing Section 22.5 as follows:
3    (15 ILCS 520/22.5)    (from Ch. 130, par. 41a)
4    (For force and effect of certain provisions, see Section
590 of P.A. 94-79)
6    Sec. 22.5. Permitted investments. The State Treasurer may
7invest and reinvest any State money in the State Treasury
8which is not needed for current expenditures due or about to
9become due, in obligations of the United States government or
10its agencies or of National Mortgage Associations established
11by or under the National Housing Act, 12 U.S.C. 1701 et seq.,
12or in mortgage participation certificates representing
13undivided interests in specified, first-lien conventional
14residential Illinois mortgages that are underwritten, insured,
15guaranteed, or purchased by the Federal Home Loan Mortgage
16Corporation or in Affordable Housing Program Trust Fund Bonds
17or Notes as defined in and issued pursuant to the Illinois
18Housing Development Act. All such obligations shall be
19considered as cash and may be delivered over as cash by a State
20Treasurer to his successor.
21    The State Treasurer may purchase any state bonds with any
22money in the State Treasury that has been set aside and held
23for the payment of the principal of and interest on the bonds.
24The bonds shall be considered as cash and may be delivered over

10400HB1075sam003- 663 -LRB104 03072 JDS 27160 a
1as cash by the State Treasurer to his successor.
2    The State Treasurer may invest or reinvest any State money
3in the State Treasury that is not needed for current
4expenditures due or about to become due, or any money in the
5State Treasury that has been set aside and held for the payment
6of the principal of and interest on any State bonds, in bonds
7issued by counties or municipal corporations of the State of
8Illinois.
9    The State Treasurer may invest or reinvest up to 5% of the
10College Savings Pool Administrative Trust Fund, the Illinois
11Public Treasurer Investment Pool (IPTIP) Administrative Trust
12Fund, and the State Treasurer's Administrative Fund that is
13not needed for current expenditures due or about to become
14due, in common or preferred stocks of publicly traded
15corporations, partnerships, or limited liability companies,
16organized in the United States, with assets exceeding
17$500,000,000 if: (i) the purchases do not exceed 1% of the
18corporation's or the limited liability company's outstanding
19common and preferred stock; (ii) no more than 10% of the total
20funds are invested in any one publicly traded corporation,
21partnership, or limited liability company; and (iii) the
22corporation or the limited liability company has not been
23placed on the list of restricted companies by the Illinois
24Investment Policy Board under Section 1-110.16 of the Illinois
25Pension Code.
26    Whenever the total amount of vouchers presented to the

10400HB1075sam003- 664 -LRB104 03072 JDS 27160 a
1Comptroller under Section 9 of the State Comptroller Act
2exceeds the funds available in the General Revenue Fund by
3$500,000,000 $1,000,000,000 or more, then the State Treasurer
4may invest any State money in the State Treasury, other than
5money in the General Revenue Fund, Health Insurance Reserve
6Fund, Attorney General Court Ordered and Voluntary Compliance
7Payment Projects Fund, Attorney General Whistleblower Reward
8and Protection Fund, and Attorney General's State Projects and
9Court Ordered Distribution Fund, which is not needed for
10current expenditures, due or about to become due, or any money
11in the State Treasury which has been set aside and held for the
12payment of the principal of and the interest on any State bonds
13with the Office of the Comptroller in order to enable the
14Comptroller to pay outstanding vouchers. At any time, and from
15time to time outstanding, such investment shall not be greater
16than $2,000,000,000. Such investment shall be deposited into
17the General Revenue Fund or Health Insurance Reserve Fund as
18determined by the Comptroller. On or after July 1, 2025, and
19through June 30, 2026, at the request of the Governor and with
20the approval of the Treasurer, the Comptroller may make
21deposits into other funds in the State Treasury to pay
22outstanding vouchers or in anticipation of vouchers that may
23be submitted to the Comptroller for payment. Such investment
24shall be repaid by the Comptroller with an interest rate tied
25to the Secured Overnight Financing Rate (SOFR) London
26Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an

10400HB1075sam003- 665 -LRB104 03072 JDS 27160 a
1equivalent market established variable rate, but in no case
2shall such interest rate exceed the lesser of the penalty rate
3established under the State Prompt Payment Act or the timely
4pay interest rate under Section 368a of the Illinois Insurance
5Code. The State Treasurer and the Comptroller shall enter into
6an intergovernmental agreement to establish procedures for
7such investments, which market established variable rate to
8which the interest rate for the investments should be tied,
9and other terms which the State Treasurer and Comptroller
10reasonably believe to be mutually beneficial concerning these
11investments by the State Treasurer. The State Treasurer and
12Comptroller shall also enter into a written agreement for each
13such investment that specifies the period of the investment,
14the payment interval, the interest rate to be paid, the funds
15in the State Treasury from which the State Treasurer will draw
16the investment, and other terms upon which the State Treasurer
17and Comptroller mutually agree. Such investment agreements
18shall be public records and the State Treasurer shall post the
19terms of all such investment agreements on the State
20Treasurer's official website. In compliance with the
21intergovernmental agreement, the Comptroller shall order and
22the State Treasurer shall transfer amounts sufficient for the
23payment of principal and interest invested by the State
24Treasurer with the Office of the Comptroller under this
25paragraph from the General Revenue Fund or the Health
26Insurance Reserve Fund or, from July 1, 2025 through June 30,

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12026, the fund identified by the Governor, to the respective
2funds in the State Treasury from which the State Treasurer
3drew the investment. Public Act 100-1107 shall constitute an
4irrevocable and continuing authority for all amounts necessary
5for the payment of principal and interest on the investments
6made with the Office of the Comptroller by the State Treasurer
7under this paragraph, and the irrevocable and continuing
8authority for and direction to the Comptroller and State
9Treasurer to make the necessary transfers.
10    The State Treasurer may invest or reinvest any State money
11in the State Treasury that is not needed for current
12expenditure, due or about to become due, or any money in the
13State Treasury that has been set aside and held for the payment
14of the principal of and the interest on any State bonds, in any
15of the following:
16        (1) Bonds, notes, certificates of indebtedness,
17 Treasury bills, or other securities now or hereafter
18 issued that are guaranteed by the full faith and credit of
19 the United States of America as to principal and interest.
20        (2) Bonds, notes, debentures, or other similar
21 obligations of the United States of America, its agencies,
22 and instrumentalities, or other obligations that are
23 issued or guaranteed by supranational entities; provided,
24 that at the time of investment, the entity has the United
25 States government as a shareholder.
26        (2.5) Bonds, notes, debentures, or other similar

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1 obligations of a foreign government, other than the
2 Republic of the Sudan, that are guaranteed by the full
3 faith and credit of that government as to principal and
4 interest, but only if the foreign government has not
5 defaulted and has met its payment obligations in a timely
6 manner on all similar obligations for a period of at least
7 25 years immediately before the time of acquiring those
8 obligations.
9        (3) Interest-bearing savings accounts,
10 interest-bearing certificates of deposit,
11 interest-bearing time deposits, or any other investments
12 constituting direct obligations of any bank as defined by
13 the Illinois Banking Act.
14        (4) Interest-bearing accounts, certificates of
15 deposit, or any other investments constituting direct
16 obligations of any savings and loan associations
17 incorporated under the laws of this State or any other
18 state or under the laws of the United States.
19        (5) Dividend-bearing share accounts, share certificate
20 accounts, or class of share accounts of a credit union
21 chartered under the laws of this State or the laws of the
22 United States; provided, however, the principal office of
23 the credit union must be located within the State of
24 Illinois.
25        (6) Bankers' acceptances of banks whose senior
26 obligations are rated in the top 2 rating categories by 2

10400HB1075sam003- 668 -LRB104 03072 JDS 27160 a
1 national rating agencies and maintain that rating during
2 the term of the investment and the bank has not been placed
3 on the list of restricted companies by the Illinois
4 Investment Policy Board under Section 1-110.16 of the
5 Illinois Pension Code.
6        (7) Short-term obligations of either corporations or
7 limited liability companies organized in the United States
8 with assets exceeding $500,000,000 if (i) the obligations
9 are rated at the time of purchase at one of the 3 highest
10 classifications established by at least 2 standard rating
11 services and mature not later than 270 days from the date
12 of purchase, (ii) the purchases do not exceed 10% of the
13 corporation's or the limited liability company's
14 outstanding obligations, (iii) no more than one-third of
15 the public agency's funds are invested in short-term
16 obligations of either corporations or limited liability
17 companies, and (iv) the corporation or the limited
18 liability company has not been placed on the list of
19 restricted companies by the Illinois Investment Policy
20 Board under Section 1-110.16 of the Illinois Pension Code.
21        (7.5) Obligations of either corporations or limited
22 liability companies organized in the United States, that
23 have a significant presence in this State, with assets
24 exceeding $500,000,000 if: (i) the obligations are rated
25 at the time of purchase at one of the 3 highest
26 classifications established by at least 2 standard rating

10400HB1075sam003- 669 -LRB104 03072 JDS 27160 a
1 services and mature more than 270 days, but less than 10
2 years, from the date of purchase; (ii) the purchases do
3 not exceed 10% of the corporation's or the limited
4 liability company's outstanding obligations; (iii) no more
5 than one-third of the public agency's funds are invested
6 in such obligations of corporations or limited liability
7 companies; and (iv) the corporation or the limited
8 liability company has not been placed on the list of
9 restricted companies by the Illinois Investment Policy
10 Board under Section 1-110.16 of the Illinois Pension Code.
11        (8) Money market mutual funds registered under the
12 Investment Company Act of 1940.
13        (9) The Public Treasurers' Investment Pool created
14 under Section 17 of the State Treasurer Act or in a fund
15 managed, operated, and administered by a bank.
16        (10) Repurchase agreements of government securities
17 having the meaning set out in the Government Securities
18 Act of 1986, as now or hereafter amended or succeeded,
19 subject to the provisions of that Act and the regulations
20 issued thereunder.
21        (11) Investments made in accordance with the
22 Technology Development Act.
23        (12) Investments made in accordance with the Student
24 Investment Account Act.
25        (13) Investments constituting direct obligations of a
26 community development financial institution, which is

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1 certified by the United States Treasury Community
2 Development Financial Institutions Fund and is operating
3 in the State of Illinois.
4        (14) Investments constituting direct obligations of a
5 minority depository institution, as designated by the
6 Federal Deposit Insurance Corporation, that is operating
7 in the State of Illinois.
8        (15) Investments made in accordance with any other law
9 that authorizes the State Treasurer to invest or deposit
10 funds.
11    For purposes of this Section, "agencies" of the United
12States Government includes:
13        (i) the federal land banks, federal intermediate
14 credit banks, banks for cooperatives, federal farm credit
15 banks, or any other entity authorized to issue debt
16 obligations under the Farm Credit Act of 1971 (12 U.S.C.
17 2001 et seq.) and Acts amendatory thereto;
18        (ii) the federal home loan banks and the federal home
19 loan mortgage corporation;
20        (iii) the Commodity Credit Corporation; and
21        (iv) any other agency created by Act of Congress.
22    The State Treasurer may lend any securities acquired under
23this Act. However, securities may be lent under this Section
24only in accordance with Federal Financial Institution
25Examination Council guidelines and only if the securities are
26collateralized at a level sufficient to assure the safety of

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1the securities, taking into account market value fluctuation.
2The securities may be collateralized by cash or collateral
3acceptable under Sections 11 and 11.1.
4(Source: P.A. 101-81, eff. 7-12-19; 101-206, eff. 8-2-19;
5101-586, eff. 8-26-19; 101-657, eff. 3-23-21; 102-297, eff.
68-6-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.)
7
Article 55.
8    Section 55-5. The Governor's Office of Management and
9Budget Act is amended by changing Section 2 and by adding
10Section 10 as follows:
11    (20 ILCS 3005/2)    (from Ch. 127, par. 412)
12    Sec. 2. There is created in the executive office of the
13Governor an Office to be known as the Governor's Office of
14Management and Budget. The Office shall be headed by a
15Director, who shall be appointed by the Governor. The
16functions of the Office shall be as prescribed in Sections 2.1
17through 2.14 2.10 of this Act.
18(Source: P.A. 98-706, eff. 7-16-14.)
19    (20 ILCS 3005/10 new)
20    Sec. 10. Budget Reserve for Immediate Disbursements and
21Governmental Emergencies Fund.    
22    (a) There is created in the State Treasury as a special

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1fund the Budget Reserve for Immediate Disbursements and
2Governmental Emergencies (BRIDGE) Fund. The Fund may receive
3revenue from any authorized source, including, but not limited
4to, gifts, grants, awards, transfers, and appropriated
5deposits. Moneys in the fund shall be used to provide
6supplemental moneys for other funds held in the State Treasury
7in the event of unanticipated delays in or failures of
8revenues when supplemental moneys are required to effectuate
9appropriations enacted by the General Assembly.
10    (b) Upon the written direction of the Governor, the State
11Comptroller shall direct, and the State Treasurer shall
12transfer, specified amounts held in the BRIDGE Fund to
13specified funds in the State Treasury for expenditure pursuant
14to appropriations from funds so specified. Upon the written
15direction of the Governor, the State Comptroller shall direct,
16and the State Treasurer shall transfer, specified amounts from
17funds in the State Treasury that have received transfers from
18the BRIDGE Fund to repay, in whole or in part, amounts
19previously transferred pursuant to this subsection (b).
20    Section 55-10. The State Finance Act is amended by adding
21Sections 5.1030 and 8.57 as follows:
22    (30 ILCS 105/5.1030 new)
23    Sec. 5.1030. The Budget Reserve for Immediate
24Disbursements and Governmental Emergencies Fund.

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1    (30 ILCS 105/8.57 new)
2    Sec. 8.57. Transfers to the BRIDGE Fund. Notwithstanding
3any other State law to the contrary, on the effective date this
4amendatory Act of the 104th General Assembly or as soon
5thereafter as is practical, but in no circumstance later than
6July 31, 2025, the State Comptroller shall direct and the
7State Treasurer shall transfer the following amounts from the
8funds specified to the Budget Reserve for Immediate
9Disbursements and Governmental Emergencies Fund:
10FUND NAME    AMOUNT    
11Open Space Lands Acquisition and
12    Development Fund..............................$10,000,000
13DHS Community Services Fund.......................$10,000,000
14Insurance Producer Administration Fund.............$3,100,000
15Criminal Justice Information Projects Fund.........$5,000,000
16Compassionate Use of Medical Cannabis Fund........$15,000,000
17Law Enforcement Training Fund......................$2,000,000
18Tourism Promotion Fund.............................$2,000,000
19Cannabis Business Development Fund.................$5,000,000
20Insurance Financial Regulation Fund................$3,000,000
21Illinois Works Fund..................................$500,000
22Bank and Trust Company Fund..........................$900,000
23DNR Special Projects Fund............................$830,000
24Public Health Special State Projects Fund..........$5,000,000

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1State Police Services Fund...........................$700,000
2Illinois State Medical Disciplinary Fund.............$670,000
3Senior Citizen Real Estate Deferred Tax
4    Revolving Fund.................................$5,000,000
5Nursing Dedicated and Professional Fund..............$630,000
6Fire Prevention Fund...............................$8,000,000
7Energy Efficiency Trust Fund.......................$2,000,000
8Natural Areas Acquisition Fund.....................$2,000,000
9Dram Shop Fund.....................................$7,500,000
10Local Tourism Fund...................................$370,000
11Clean Air Act Permit Fund............................$360,000
12State Police Law Enforcement Administration Fund.....$310,000
13Metabolic Screening and Treatment Fund...............$280,000
14State Rail Freight Loan Repayment Fund...............$280,000
15Illinois State Fair Fund.............................$270,000
16Hazardous Waste Fund.................................$270,000
17Hospital Licensure Fund............................$1,000,000
18International Tourism Fund...........................$220,000
19Real Estate License Administration Fund..............$210,000
20Used Tire Management Fund............................$210,000
21Public Pension Regulation Fund.....................$2,400,000
22Cemetery Oversight Licensing and
23    Disciplinary Fund................................$150,000
24Subtitle D Management Fund...........................$140,000
25State Pheasant Fund................................$1,000,000
26Horse Racing Fund..................................$2,000,000

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1Emergency Public Health Fund.........................$120,000
2Feed Control Fund....................................$120,000
3Consumer Intervenor Compensation Fund................$120,000
4Grant Accountability and Transparency Fund...........$100,000
5Public Health Laboratory Services Revolving Fund.....$110,000
6State Police Merit Board Public Safety Fund...........$97,000
7Environmental Protection Trust Fund...................$86,000
8Illinois State Pharmacy Disciplinary Fund.............$86,000
9Fertilizer Control Fund...............................$85,000
10State Migratory Waterfowl Stamp Fund..................$85,000
11Illinois Health Facilities Planning Fund..............$83,000
12Fish and Wildlife Endowment Fund......................$83,000
13Illinois Habitat Fund.................................$75,000
14Natural Resources Restoration Fund....................$62,000
15Savings Bank Regulatory Fund..........................$58,000
16Illinois Equity Fund..................................$52,000
17Historic Property Administrative Fund.................$50,000
18Illinois Capital Revolving Loan Fund..................$48,000
19Optometric Licensing and Disciplinary Board Fund......$47,000
20Low-Level Radioactive Waste Facility
21    Development and Operation Fund....................$43,000
22
Article 60.
23    Section 60-5. The State Finance Act is amended by changing
24Section 5.826 as follows:

10400HB1075sam003- 676 -LRB104 03072 JDS 27160 a
1    (30 ILCS 105/5.826)
2    Sec. 5.826. The DMV Transformation Driver Services
3Administration Fund.
4(Source: P.A. 97-1157, eff. 11-28-13; 98-756, eff. 7-16-14.)
5    Section 60-10. The Illinois Vehicle Code is amended by
6changing Sections 6-105.1 and 6-107.5 as follows:
7    (625 ILCS 5/6-105.1)
8    Sec. 6-105.1. Temporary visitor's driver's license.
9    (a) The Secretary of State may issue a temporary visitor's
10driver's license to a foreign national who (i) resides in this
11State, (ii) is ineligible to obtain a social security number,
12and (iii) presents to the Secretary documentation, issued by
13United States Citizenship and Immigration Services,
14authorizing the person's presence in this country.
15    (a-5) The Secretary of State may issue a temporary
16visitor's driver's license to an applicant who (i) has resided
17in this State for a period in excess of one year, (ii) is
18ineligible to obtain a social security number, and (iii) is
19unable to present documentation issued by the United States
20Citizenship and Immigration Services authorizing the person's
21presence in this country. The applicant shall submit a valid
22unexpired passport from the applicant's country of citizenship
23or a valid unexpired consular identification document issued

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1by a consulate of that country as defined in Section 5 of the
2Consular Identification Document Act (5 ILCS 230/5).
3    (a-10) Applicants for a temporary visitor's driver's
4license who are under 18 years of age at the time of
5application shall be subject to the provisions of Sections
66-107 and 6-108 of this Code.
7    (b) A temporary visitor's driver's license issued under
8subsection (a) is valid for 3 years, or for the period of time
9the individual is authorized to remain in this country,
10whichever ends sooner. A temporary visitor's driver's license
11issued under subsection (a-5) shall be valid for a period of 3
12years.
13    (b-5) A temporary visitor's driver's license issued under
14this Section may not be accepted for proof of the holder's
15identity. A temporary visitor's driver's license issued under
16this Section shall contain a notice on its face, in
17capitalized letters, stating that the temporary visitor's
18driver's license may not be accepted for proof of identity.
19    (c) The Secretary shall adopt rules for implementing this
20Section, including rules:
21        (1) regarding the design and content of the temporary
22 visitor's driver's license;
23        (2) establishing criteria for proof of identification
24 and residency of an individual applying under subsection
25 (a-5);
26        (3) designating acceptable evidence that an applicant

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1 is not eligible for a social security number; and
2        (4) regarding the issuance of temporary visitor's
3 instruction permits.
4    (d) Any person to whom the Secretary of State may issue a
5temporary visitor's driver's license shall be subject to any
6and all provisions of this Code and any and all implementing
7regulations issued by the Secretary of State to the same
8extent as any person issued a driver's license, unless
9otherwise provided in this Code or by administrative rule,
10including but not limited to the examination requirements in
11Section 6-109 as well as the mandatory insurance requirements
12and penalties set forth in Article VI of Chapter 7 of this
13Code.
14    (d-5) A temporary visitor's driver's license is invalid if
15the holder is unable to provide proof of liability insurance
16as required by Section 7-601 of this Code upon the request of a
17law enforcement officer, in which case the holder commits a
18violation of Section 6-101 of this Code.
19    (e) Temporary visitor's driver's licenses shall be issued
20from a central location after the Secretary of State has
21verified the information provided by the applicant.
22    (f) There is created in the State treasury a special fund
23to be known as the DMV Transformation Driver Services
24Administration Fund. All fees collected for the issuance of
25temporary visitor's driver's licenses shall be deposited into
26the Fund. These funds shall, subject to appropriation, be used

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1by the Office of the Secretary of State for costs related to
2the issuance of temporary visitor's driver's licenses, and
3other operational costs, including, but not limited to,    
4personnel, facilities, computer programming, and data
5transmission.
6    (g) No temporary visitor's driver's licenses shall be
7issued after the effective date of this amendatory Act of the
8103rd General Assembly.
9(Source: P.A. 103-210, eff. 7-1-24.)
10    (625 ILCS 5/6-107.5)
11    Sec. 6-107.5. Adult Driver Education Course.
12    (a) The Secretary shall establish by rule the curriculum
13and designate the materials to be used in an adult driver
14education course. The course shall be at least 6 hours in
15length and shall include instruction on traffic laws; highway
16signs, signals, and markings that regulate, warn, or direct
17traffic; issues commonly associated with motor vehicle crashes
18including poor decision-making, risk taking, impaired driving,
19distraction, speed, failure to use a safety belt, driving at
20night, failure to yield the right-of-way, texting while
21driving, using wireless communication devices, and alcohol and
22drug awareness; and instruction on law enforcement procedures
23during traffic stops, including actions that a motorist should
24take during a traffic stop and appropriate interactions with
25law enforcement officers. The curriculum shall not require the

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1operation of a motor vehicle.
2    (b) The Secretary shall certify course providers. The
3requirements to be a certified course provider, the process
4for applying for certification, and the procedure for
5decertifying a course provider shall be established by rule.
6    (b-5) In order to qualify for certification as an adult
7driver education course provider, each applicant must
8authorize an investigation that includes a fingerprint-based
9background check to determine if the applicant has ever been
10convicted of a criminal offense and, if so, the disposition of
11any conviction. This authorization shall indicate the scope of
12the inquiry and the agencies that may be contacted. Upon
13receiving this authorization, the Secretary of State may
14request and receive information and assistance from any
15federal, State, or local governmental agency as part of the
16authorized investigation. Each applicant shall submit his or
17her fingerprints to the Illinois State Police in the form and
18manner prescribed by the Illinois State Police. These
19fingerprints shall be checked against fingerprint records now
20and hereafter filed in the Illinois State Police and Federal
21Bureau of Investigation criminal history record databases. The
22Illinois State Police shall charge applicants a fee for
23conducting the criminal history record check, which shall be
24deposited into the State Police Services Fund and shall not
25exceed the actual cost of the State and national criminal
26history record check. The Illinois State Police shall furnish,

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1pursuant to positive identification, records of Illinois
2criminal convictions to the Secretary and shall forward the
3national criminal history record information to the Secretary.
4Applicants shall pay any other fingerprint-related fees.
5Unless otherwise prohibited by law, the information derived
6from the investigation, including the source of the
7information and any conclusions or recommendations derived
8from the information by the Secretary of State, shall be
9provided to the applicant upon request to the Secretary of
10State prior to any final action by the Secretary of State on
11the application. Any criminal conviction information obtained
12by the Secretary of State shall be confidential and may not be
13transmitted outside the Office of the Secretary of State,
14except as required by this subsection (b-5), and may not be
15transmitted to anyone within the Office of the Secretary of
16State except as needed for the purpose of evaluating the
17applicant. At any administrative hearing held under Section
182-118 of this Code relating to the denial, cancellation,
19suspension, or revocation of certification of an adult driver
20education course provider, the Secretary of State may utilize
21at that hearing any criminal history, criminal conviction, and
22disposition information obtained under this subsection (b-5).
23The information obtained from the investigation may be
24maintained by the Secretary of State or any agency to which the
25information was transmitted. Only information and standards
26which bear a reasonable and rational relation to the

10400HB1075sam003- 682 -LRB104 03072 JDS 27160 a
1performance of providing adult driver education shall be used
2by the Secretary of State. Any employee of the Secretary of
3State who gives or causes to be given away any confidential
4information concerning any criminal convictions or disposition
5of criminal convictions of an applicant shall be guilty of a
6Class A misdemeanor unless release of the information is
7authorized by this Section.
8    (c) The Secretary may permit a course provider to offer
9the course online, if the Secretary is satisfied the course
10provider has established adequate procedures for verifying:
11        (1) the identity of the person taking the course
12 online; and
13        (2) the person completes the entire course.
14    (d) The Secretary shall establish a method of electronic
15verification of a student's successful completion of the
16course.
17    (e) The fee charged by the course provider must bear a
18reasonable relationship to the cost of the course. The
19Secretary shall post on the Secretary of State's website a
20list of approved course providers, the fees charged by the
21providers, and contact information for each provider.
22    (f) In addition to any other fee charged by the course
23provider, the course provider shall collect a fee of $5 from
24each student to offset the costs incurred by the Secretary in
25administering this program. The $5 shall be submitted to the
26Secretary within 14 days of the day on which it was collected.

10400HB1075sam003- 683 -LRB104 03072 JDS 27160 a
1All such fees received by the Secretary shall be deposited in
2the DMV Transformation Secretary of State Driver Services
3Administration Fund.
4(Source: P.A. 102-455, eff. 1-1-22; 102-538, eff. 8-20-21;
5102-813, eff. 5-13-22; 102-982, eff. 7-1-23.)
6
Article 62.
7    Section 62-5. The State Finance Act is amended by changing
8Section 6z-129 as follows:
9    (30 ILCS 105/6z-129)
10    Sec. 6z-129. Horse Racing Purse Equity Fund. The Horse
11Racing Purse Equity Fund is a nonappropriated trust fund held
12outside of the State treasury. Within 30 calendar days after
13funds are deposited in the Horse Racing Purse Equity Fund and
14the applicable grant agreement is executed, whichever is
15later, the Department of Agriculture shall transfer the entire
16balance in the Fund to the organization licensees that hold
17purse moneys that support each of the legally recognized
18horsemen's associations that have contracted with an
19organization licensee over the immediately preceding 3
20calendar years under subsection (d) of Section 29 of the
21Illinois Horse Racing Act of 1975. The 2024 and 2025 division
22of such fund balance among the qualifying purse accounts shall
23be pursuant to the 2021 agreement of the involved horsemen

10400HB1075sam003- 684 -LRB104 03072 JDS 27160 a
1associations with 45% being allocated to the thoroughbred
2purse account at a racetrack located in Stickney Township in
3Cook County, 30% being allocated to the harness purse account
4at a racetrack located in Stickney Township in Cook County,
5and 25% being allocated to the thoroughbred purse account at a
6racetrack located in Madison County. Transfers may be made to
7an organization licensee that has one or more executed grant
8agreements while the other organization licensee awaits
9finalization and execution of its grant agreement or
10agreements. All funds transferred to purse accounts pursuant
11to this Section shall be for the sole purpose of augmenting
12future purses during State fiscal years year 2025 and 2026.
13For purposes of this Section, a legally recognized horsemen
14association is that horsemen association representing the
15largest number of owners, trainers, jockeys or Standardbred
16drivers who race horses at an Illinois organization licensee
17and that enter into agreements with Illinois organization
18licenses to govern the racing meet and that also provide
19required consents pursuant to the Illinois Horse Racing Act of
201975.
21(Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23;
22103-588, eff. 7-1-24.)
23    Section 62-10. The Illinois Horse Racing Act of 1975 is
24amended by changing Section 28.1 as follows:

10400HB1075sam003- 685 -LRB104 03072 JDS 27160 a
1    (230 ILCS 5/28.1)
2    Sec. 28.1. Payments.
3    (a) Beginning on January 1, 2000, moneys collected by the
4Department of Revenue and the Racing Board pursuant to Section
526 or Section 27 of this Act shall be deposited into the Horse
6Racing Fund, which is hereby created as a special fund in the
7State Treasury.
8    (b) Appropriations, as approved by the General Assembly,
9may be made from the Horse Racing Fund to the Board to pay the
10salaries of the Board members, secretary, stewards, directors
11of mutuels, veterinarians, representatives, accountants,
12clerks, stenographers, inspectors and other employees of the
13Board, and all expenses of the Board incident to the
14administration of this Act, including, but not limited to, all
15expenses and salaries incident to the taking of saliva and
16urine samples in accordance with the rules and regulations of
17the Board.
18    (c) (Blank).
19    (d) Beginning January 1, 2000, payments to all programs in
20existence on the effective date of this amendatory Act of 1999
21that are identified in Sections 26(c), 26(f), 26(h)(11)(C),
22and 28, subsections (a), (b), (c), (d), (e), (f), (g), and (h)
23of Section 30, and subsections (a), (b), (c), (d), (e), (f),
24(g), and (h) of Section 31 shall be made from the General
25Revenue Fund at the funding levels determined by amounts paid
26under this Act in calendar year 1998. Beginning on the

10400HB1075sam003- 686 -LRB104 03072 JDS 27160 a
1effective date of this amendatory Act of the 93rd General
2Assembly, payments to the Peoria Park District shall be made
3from the General Revenue Fund at the funding level determined
4by amounts paid to that park district for museum purposes
5under this Act in calendar year 1994.
6    If an inter-track wagering location licensee's facility
7changes its location, then the payments associated with that
8facility under this subsection (d) for museum purposes shall
9be paid to the park district in the area where the facility
10relocates, and the payments shall be used for museum purposes.
11If the facility does not relocate to a park district, then the
12payments shall be paid to the taxing district that is
13responsible for park or museum expenditures.
14    (e) Beginning July 1, 2006, the payment authorized under
15subsection (d) to museums and aquariums located in park
16districts of over 500,000 population shall be paid to museums,
17aquariums, and zoos in amounts determined by Museums in the
18Park, an association of museums, aquariums, and zoos located
19on Chicago Park District property.
20    (f) Beginning July 1, 2007, the Children's Discovery
21Museum in Normal, Illinois shall receive payments from the
22General Revenue Fund at the funding level determined by the
23amounts paid to the Miller Park Zoo in Bloomington, Illinois
24under this Section in calendar year 2006.
25    (g) On July 3, 2024, the Comptroller shall order
26transferred and the Treasurer shall transfer $3,200,000 from

10400HB1075sam003- 687 -LRB104 03072 JDS 27160 a
1the Horse Racing Fund to the Horse Racing Purse Equity Fund.
2    (h) On July 3, 2025, the Comptroller shall order
3transferred and the Treasurer shall transfer $2,000,000 from
4the Horse Racing Fund to the Horse Racing Purse Equity Fund.    
5(Source: P.A. 102-16, eff. 6-17-21; 103-8, eff. 7-1-23;
6103-588, eff. 7-1-24.)
7
Article 63.
8    Section 63-5. The Department of Human Services Act is
9amended by changing Section 1-85 as follows:
10    (20 ILCS 1305/1-85)
11    Sec. 1-85. Home Illinois Program.     
12    (a) Subject to appropriation, the Department of Human
13Services shall establish the Home Illinois Program. The Home
14Illinois Program shall focus on preventing and ending
15homelessness in Illinois and may include, but not be limited
16to, homeless prevention, emergency and transitional housing,
17rapid rehousing, outreach, capital investment, and related
18services and supports for individuals at risk or experiencing
19homelessness. The Department may establish program eligibility
20criteria and other program requirements by rule. The
21Department of Human Services may consult with the Capital
22Development Board, the Department of Commerce and Economic
23Opportunity, and the Illinois Housing Development Authority in

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1the management and disbursement of funds for capital related
2projects. The Capital Development Board, the Department of
3Commerce and Economic Opportunity, and the Illinois Housing
4Development Authority shall act in a consulting role only for
5the evaluation of applicants, scoring of applicants, or
6administration of the grant program.
7    (b) Unless otherwise required by State law or federal
8requirements, a service provider shall not be subject to a
9matching funds requirement in order to be eligible to receive
10funds from the Department for the Emergency and Transitional
11Housing Program or the Supportive Housing Program. When making
12funding determinations, the Department retains discretion to
13take into consideration the ability of a service provider to
14leverage other funding sources, as well as other factors that
15may demonstrate fiscal solvency of the service provider and
16that the service provider is not solely reliant on State funds
17for the provision of services.    
18(Source: P.A. 103-8, eff. 6-7-23.)
19
Article 64.
20    Section 64-5. The Illinois Public Aid Code is amended by
21changing Section 16-2 as follows:
22    (305 ILCS 5/16-2)
23    Sec. 16-2. Eligibility. Subject to available funding, a

10400HB1075sam003- 689 -LRB104 03072 JDS 27160 a
1foreign-born victim of trafficking, torture, or other serious
2crimes and the individual's derivative family members, but not
3a single adult without derivative family members, are eligible
4for cash assistance or SNAP benefits under this Article if the
5individual:
6        (a) has filed and is awaiting final determination
7 regarding:
8            (1) a formal an application for T Nonimmigrant
9 status with the appropriate federal agency pursuant to
10 Section 1101(a)(15)(T) of Title 8 of the United States
11 Code, or is otherwise taking steps to meet the
12 conditions for federal benefits eligibility under
13 Section 7105 of Title 22 of the United States Code;
14            (2) a formal application with the appropriate
15 federal agency for status pursuant to Section
16 1101(a)(15)(U) of Title 8 of the United States Code;
17 or
18            (3) a formal application with the appropriate
19 federal agency for status under Section 1158 of Title
20 8 of the United States Code; and
21        (b) is otherwise eligible for cash assistance or SNAP
22 benefits, as applicable.
23    Beginning January 1, 2026, a single adult without
24derivative family members shall be eligible for cash
25assistance or SNAP benefits under this Article, provided that
26the individual has filed and is awaiting final determination

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1regarding either (1) a formal application for T Nonimmigrant
2status with the appropriate federal agency pursuant to Section
31101(a)(15)(T) of Title 8 of the United States Code or is
4otherwise taking steps to meet the conditions for federal
5benefits eligibility under Section 7105 of Title 22 of the
6United States Code; or (2) a formal application with the
7appropriate federal agency for status pursuant to Section
81101(a)(15)(U) of Title 8 of the United States Code.    
9    Any An individual, including any derivative family
10members, residing in an institution or other setting that
11provides the majority of the individual's daily meals is not
12eligible for SNAP benefits.
13(Source: P.A. 103-588, eff. 6-5-24.)
14
Article 65.
15    Section 65-5. If and only if House Bill 2771 of the 104th
16General Assembly becomes law, then the Illinois Public Aid
17Code is amended by changing Section 5A-7 as follows:
18    (305 ILCS 5/5A-7)    (from Ch. 23, par. 5A-7)
19    Sec. 5A-7. Administration; enforcement provisions.
20    (a) The Illinois Department shall establish and maintain a
21listing of all hospital providers appearing in the licensing
22records of the Illinois Department of Public Health, which
23shall show each provider's name and principal place of

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1business and the name and address of each hospital operated,
2conducted, or maintained by the provider in this State. The
3listing shall also include the monthly assessment amounts owed
4for each hospital and any unpaid assessment liability greater
5than 90 days delinquent. The Illinois Department shall
6administer and enforce this Article and collect the
7assessments and penalty assessments imposed under this Article
8using procedures employed in its administration of this Code
9generally. The Illinois Department, its Director, and every
10hospital provider subject to assessment under this Article
11shall have the following powers, duties, and rights:
12        (1) The Illinois Department may initiate either
13 administrative or judicial proceedings, or both, to
14 enforce provisions of this Article. Administrative
15 enforcement proceedings initiated hereunder shall be
16 governed by the Illinois Department's administrative
17 rules. Judicial enforcement proceedings initiated
18 hereunder shall be governed by the rules of procedure
19 applicable in the courts of this State.
20        (2) (Blank).
21        (3) Any unpaid assessment under this Article shall
22 become a lien upon the assets of the hospital upon which it
23 was assessed. If any hospital provider, outside the usual
24 course of its business, sells or transfers the major part
25 of any one or more of (A) the real property and
26 improvements, (B) the machinery and equipment, or (C) the

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1 furniture or fixtures, of any hospital that is subject to
2 the provisions of this Article, the seller or transferor
3 shall pay the Illinois Department the amount of any
4 assessment, assessment penalty, and interest (if any) due
5 from it under this Article up to the date of the sale or
6 transfer. The Illinois Department may, in its discretion,
7 foreclose on such a lien, but shall do so in a manner that
8 is consistent with Section 5e of the Retailers' Occupation
9 Tax Act. If the seller or transferor fails to pay any
10 assessment, assessment penalty, and interest (if any) due,
11 the purchaser or transferee of such asset shall be liable
12 for the amount of the assessment, penalties, and interest
13 (if any) up to the amount of the reasonable value of the
14 property acquired by the purchaser or transferee. The
15 purchaser or transferee shall continue to be liable until
16 the purchaser or transferee pays the full amount of the
17 assessment, penalties, and interest (if any) up to the
18 amount of the reasonable value of the property acquired by
19 the purchaser or transferee or until the purchaser or
20 transferee receives from the Illinois Department a
21 certificate showing that such assessment, penalty, and
22 interest have been paid or a certificate from the Illinois
23 Department showing that no assessment, penalty, or
24 interest is due from the seller or transferor under this
25 Article.
26        (4) Payments under this Article are not subject to the

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1 Illinois Prompt Payment Act. Credits or refunds shall not
2 bear interest.
3    (b) In addition to any other remedy provided for and
4without sending a notice of assessment liability, the Illinois
5Department shall collect an unpaid assessment by withholding,
6as payment of the assessment, reimbursements or other amounts
7otherwise payable by the Illinois Department to the hospital
8provider, including, but not limited to, payment amounts
9otherwise payable from a managed care organization performing
10duties under contract with the Illinois Department.
11        (1) The requirements of this subsection may be waived
12 in instances when a disaster proclamation has been
13 declared by the Governor. In such circumstances, a
14 hospital must demonstrate temporary financial distress and
15 establish an agreement with the Illinois Department
16 specifying when repayment in full of all taxes owed will
17 occur.
18        (2) The requirements of this subsection may be waived
19 by the Illinois Department in instances when a hospital
20 has entered into and remains in compliance with a
21 repayment plan or a tax deferral plan. A repayment plan or
22 tax deferral plan must be entered into no later than 30
23 days after notice of an unpaid assessment payment. No
24 repayment plan may exceed a period of 36 months. No tax
25 deferral plan may exceed a period of 6 months, and
26 repayment after the end of a tax deferral plan shall not

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1 exceed 36 months. Failure to remain in compliance with a
2 repayment plan or tax deferral plan shall cause immediate
3 termination of such plan unless there is prior written
4 consent from the Illinois Department for a period of
5 non-compliance.
6        (3) Beginning September 1, 2025, the Illinois
7 Department shall immediately collect all overdue unpaid
8 assessments and penalties through the collection methods
9 authorized under this Section, unless a repayment plan or
10 tax deferral plan has already been agreed to by September
11 1, 2025.
12        (4) For any unpaid assessments and penalties that are
13 overdue as of the effective date of House Bill 2771 of the
14 104th General Assembly, upon receipt of payment the
15 Department may, at its discretion, transfer funds from the
16 Hospital Provider Fund to the Healthcare Provider Relief
17 Fund, provided that, at the time of each transfer, there
18 are no outstanding assessment-related payments owed to
19 hospitals that cannot be paid from resources remaining in
20 the Hospital Provider Fund after the transfer.    
21    (c) To provide for the expeditious and timely
22implementation of the changes made to this Section by this
23amendatory Act of the 104th General Assembly, the Department
24may adopt emergency rules as authorized by Section 5-45 of the
25Illinois Administrative Procedure Act. The adoption of
26emergency rules is deemed to be necessary for the public

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1interest, safety, and welfare.
2(Source: P.A. 93-659, eff. 2-3-04; 93-841, eff. 7-30-04;
394-242, eff. 7-18-05; 104HB2771sam002.)
4
Article 66.
5    Section 66-5. The Illinois Pension Code is amended by
6changing Section 15-202 as follows:
7    (40 ILCS 5/15-202)
8    Sec. 15-202. Optional deferred compensation plan.
9    (a) As soon as practicable after August 10, 2018 (the
10effective date of Public Act 100-769), the System shall offer
11a deferred compensation plan that is eligible under Section
12457(b) of the Internal Revenue Code of 1986, as amended, to
13participating employees of the System employed by employers
14described in Section 15-106 of this Code that qualify as
15eligible employers under Section 457(e)(1)(A) of the Internal
16Revenue Code of 1986, as amended. Such eligible employers
17shall adopt the plan with an effective date no later than
18September 1, 2021. Participating employees may voluntarily
19elect to make elective deferrals to the eligible deferred
20compensation plan. Eligible employers may make optional
21employer contributions to the plan on behalf of participating
22employees, which contributions may be maintained, increased,
23reduced, or eliminated at the discretion of the employer from

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1plan year to plan year. The plan shall collect voluntary
2employee and optional employer contributions into an account
3for each participant and shall offer investment options to the
4participant. The plan under this Section shall be operated in
5full compliance with any applicable State and federal laws,
6and the System shall utilize generally accepted practices in
7creating and maintaining the plan for the best interest of the
8participants. In administering the deferred compensation plan,
9the System shall require that the deferred compensation plan
10recordkeeper agree that, in performing services with respect
11to the deferred compensation plan, the recordkeeper: (i) will
12not use information received as a result of providing services
13with respect to the deferred compensation plan or the
14participants in the deferred compensation plan to solicit the
15participants in the deferred compensation plan for the purpose
16of cross-selling nonplan products and services, unless in
17response to a request by a participant in the deferred
18compensation plan or a request by the System; and (ii) will not
19promote, recommend, endorse, or solicit participants in the
20deferred compensation plan to purchase any financial products
21or services outside of the deferred compensation plan, except
22that links to parts of the recordkeeper's or the
23recordkeeper's affiliate's website that are generally
24available to the public, are about commercial products, and
25may be encountered by a participant in the regular course of
26navigating the recordkeeper's or the recordkeeper's

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1affiliate's website will not constitute a violation of this
2item (ii). The System may use funds from the employee and
3employer contributions to defray any and all costs of creating
4and maintaining the plan. The System shall produce an annual
5report on the participation in the plan and shall make the
6report public.
7    (b) The System shall automatically enroll in the eligible
8deferred compensation plan any employee of an eligible
9employer who first becomes a participating employee of the
10System on or after July 1, 2023 under an eligible automatic
11contribution arrangement that is subject to Section 414(w) of
12the Internal Revenue Code of 1986, as amended, and the United
13States Department of Treasury regulations promulgated
14thereunder. An employee who is automatically enrolled under
15this subsection (b) shall have 3% of his or her compensation,
16as defined by the plan, for each pay period deferred on a
17pre-tax basis into his or her account, subject to any
18contribution limits applicable to the plan. The Board may
19increase the default percentage of compensation deferred under
20this subsection (b).
21    An employee shall have 30 days from the date on which the
22System provides the notice required under Section 414(w) of
23the Internal Revenue Code of 1986, as amended, to elect to not
24participate in the eligible deferred compensation plan or to
25elect to increase or reduce the initial amount of elective
26deferrals made to the plan. In the absence of such affirmative

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1election, the employee shall be automatically enrolled in the
2plan on the first day of the calendar month, or as soon as
3administratively practicable thereafter, following the 30th
4day from the date on which the System provides the required
5notice. An employee who has been automatically enrolled in the
6plan under this subsection (b) may elect, within 90 days of
7enrollment, to withdraw from the plan and receive a refund of
8amounts deferred, adjusted by applicable earnings and fees. An
9employee making such an election shall forfeit all employer
10matching contributions, if any, made with respect to such
11refunded elective deferrals and such forfeited amounts shall
12be used to defray plan expenses. Any refunded elective
13deferrals shall be included in the employee's gross income for
14the taxable year in which the refund is issued.
15    (c) The System may provide for one or more automatic
16contribution arrangements, which shall comply with all
17applicable Internal Revenue Service rules and regulations, in
18conjunction with or in lieu of the eligible automatic
19contribution arrangement under subsection (b), for
20participating employees of eligible employers whose annual
21earnings are limited by application of subsection (b) of
22Section 15-111 of this Code. The amount of elective deferrals
23made for the employee each pay period under an automatic
24contribution arrangement shall equal the default percentage
25specified by resolution of the Board multiplied by the
26employee's compensation as defined by the plan, subject to any

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1contribution limits applicable to the plan, and shall be made
2on a pre-tax basis. An employee subject to this subsection (c)
3shall have 30 days from the date on which the System provides
4written notice to the employee to elect to not participate in
5the eligible deferred compensation plan or to elect to
6increase or reduce the amount of initial elective deferrals
7made to the plan. In the absence of such affirmative election,
8the employee shall be automatically enrolled in the plan
9beginning the first day of the calendar month, or as soon as
10administratively practicable thereafter, following the 30th
11day from the date on which the System provides the required
12notice.
13    (d) The System may provide that the default percentage for
14any employee automatically enrolled in the eligible deferred
15compensation plan under subsection (b) or (c) be increased by
16a specified percentage each plan year after the plan year in
17which the employee is automatically enrolled in the plan. The
18amount of automatic annual increases in any plan year shall
19not exceed 1% of compensation as defined by the plan.
20    (e) The changes made to this Section by this amendatory
21Act of the 102nd General Assembly are corrections of existing
22law and are intended to be retroactive to the effective date of
23Public Act 100-769, notwithstanding Section 1-103.1 of this
24Code.
25(Source: P.A. 102-540, eff. 8-20-21; 103-552, eff. 8-11-23.)

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1    Section 66-10. The University Employees Custodial Accounts
2Act is amended by changing Section 2 as follows:
3    (110 ILCS 95/2)    (from Ch. 144, par. 1702)
4    Sec. 2. The governing board of any public institution of
5higher education has the power to establish a defined
6contribution plan to make payments to custodial accounts for
7investment in regulated investment company stock to provide
8retirement benefits as described in Section 403(b)(7) of the
9Internal Revenue Code for eligible employees of such
10institutions. Such payments shall be made with funds made
11available by deductions from or reductions in salary or wages
12of eligible employees who authorize in writing deductions or
13reductions for such purpose. Such stock shall be purchased
14only from persons authorized to sell such stock in this State.
15    In administering the defined contribution plan, the
16governing board of any public institution of higher education
17shall require that the defined contribution plan recordkeeper
18agree that, in performing services with respect to the defined
19contribution plan, the recordkeeper: (i) will not use
20information received as a result of providing services with
21respect to the defined contribution plan or the participants
22in the defined contribution plan to solicit the participants
23in the defined contribution plan for the purpose of
24cross-selling nonplan products and services, unless in
25response to a request by a participant in the defined

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1contribution plan or a request by the governing board of the
2public institution of higher education or its authorized
3delegate; and (ii) will not promote, recommend, endorse, or
4solicit participants in the defined contribution plan to
5purchase any financial products or services outside of the
6defined contribution plan, except that links to parts of the
7recordkeeper's or the recordkeeper's affiliate's website that
8are generally available to the public, are about commercial
9products, and may be encountered by a participant in the
10regular course of navigating the recordkeeper's or the
11recordkeeper's affiliate's website will not constitute a
12violation of this item (ii). However, a public institution of
13higher education may allow promotion of limited services if
14the public institution of higher education receives no
15compensation from the recordkeeper for promoting or providing
16such services. Such limited services may include educational,
17counseling, debt reduction, student loan repayment or
18forgiveness, or other services intended to enhance retirement
19savings opportunities. Such limited services may not include
20credit cards, life insurance, or banking products, unless a
21request to provide those products is made by the governing
22board of the public institution of higher education or its
23authorized delegate.
24(Source: P.A. 103-552, eff. 8-11-23.)
25
Article 99.

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1    Section 99-95. No acceleration or delay. Where this Act
2makes changes in a statute that is represented in this Act by
3text that is not yet or no longer in effect (for example, a
4Section represented by multiple versions), the use of that
5text does not accelerate or delay the taking effect of (i) the
6changes made by this Act or (ii) provisions derived from any
7other Public Act.
8    Section 99-99. Effective date. This Act takes effect upon
9becoming law, except that:
10        (1) Article 25 takes effect upon becoming law or on
11 the date that changes to Section 513b2 of the Illinois
12 Insurance Code contained in House Bill 1697 of the 104th
13 General Assembly take effect, whichever is later;
14        (2) Article 65 takes effect upon becoming law or on
15 the date that House Bill 2771 of the 104th General
16 Assembly takes effect, whichever is later;
17        (3) Articles 15, 20, and 60 take effect on July 1,
18 2025;
19        (4) Article 12 takes effect on January 1, 2026; and
20        (5) Article 11 takes effect on March 1, 2026.".