|
sociological impact on the State's residents; |
(3) rigorous data collection and research are needed |
to help minimize job loss, maximize high-quality job |
creation and economic development, and facilitate just |
transitions, workforce development programs, and |
activities necessary to meet the increased labor demand in |
the State's clean-energy sector; |
(4) the State finds that an equitable transition to a |
clean-energy economy must be guided by applied research |
that provides detailed, nuanced information about the |
labor, employment, and broader social and economic impacts |
of decarbonizing the State's economy; |
(5) collecting and analyzing labor and employment data |
in the clean-energy sector is essential for creating a |
clean-energy economy that prioritizes local resources, |
improves resiliency, and promotes energy independence; and |
(6) the State has a strong interest in ensuring that |
State residents, especially those from environmental |
justice and historically underserved communities, have |
access to safe, well-paying, clean-energy jobs, supporting |
displaced energy workers in the transition to a |
clean-energy economy; and creating workforce development |
programs to meet the labor demand in the clean-energy |
industry. |
The General Assembly intends that, in order to promote |
those interests in the State's growing clean-energy sector, a |
|
Climate Jobs Institute should be created that will produce |
high-quality data, research, and educational opportunities to |
inform policymakers, industry partners, labor organizations, |
and other relevant stakeholders in the development and |
implementation of innovative and data-supported labor policies |
for the emerging clean-energy economy. |
Section 3-10. The University of Illinois Act is amended by |
adding Section 165 as follows: |
(110 ILCS 305/165 new) |
Sec. 165. Climate Jobs Institute. |
(a) Subject to appropriation and Section 7 of the Board of |
Higher Education Act, the Board of Trustees shall establish |
and operate a Climate Jobs Institute for the purpose of |
producing high-quality, reliable, and accurate research on |
labor, employment, and the broader social and economic impacts |
of decarbonizing the State's economy. The Institute shall be |
under the direction of the School of Labor and Employment |
Relations at the University of Illinois at Urbana-Champaign. |
The Dean of the School of Labor and Employment Relations shall |
select the Executive Director of the Climate Jobs Institute. |
The Executive Director shall submit a budget that includes a |
staff plan to the Board of Trustees for approval. The |
Executive Director shall consider suggestions from the Climate |
Jobs Advisory Council in preparing the budget. |
|
(b) The Climate Jobs Advisory Council is created. The |
Climate Jobs Advisory Council shall consist of stakeholders in |
the clean-energy economy and be composed of the following |
members: |
(1) Four members representing statewide labor |
organizations, appointed by the Governor. |
(2) Three members representing environmental advocacy |
organizations, appointed by the Governor. |
(3) Three members representing the renewable energy |
industry, appointed by the Governor. |
(4) Two members from University of Illinois School of |
Labor and Employment Relations faculty, appointed by the |
Chancellor in consultation with the Dean of the School of |
Labor and Employment Relations. |
(5) Two members appointed by the President of the |
Senate, who may or may not be elected officials. |
(6) Two members appointed by the Speaker of the House |
of Representatives, who may or may not be elected |
officials. |
(7) One member appointed by the Minority Leader of the |
Senate, who may or may not be an elected official. |
(8) One member appointed by the Minority Leader of the |
House of Representatives, who may or may not be an elected |
official. |
(9) One member of the Illinois Senate Latino Caucus, |
appointed by the President of the Senate. |
|
(10) One member of the Illinois Senate Black Caucus, |
appointed by the President of the Senate. |
(11) One member of the Illinois House Latino Caucus, |
appointed by the Speaker of the House of Representatives. |
(12) One member of the Illinois House Black Caucus, |
appointed by the Speaker of the House of Representatives. |
Members appointed to the Council shall serve 2-year terms |
and may be reappointed. If a seat becomes vacant in the middle |
of a term, the Governor shall appoint a replacement, who shall |
serve for the remainder of that term. Members of the Council |
shall serve without compensation. |
(c) The Climate Jobs Institute's Executive Director, with |
input from the Climate Jobs Advisory Council, shall set the |
priorities, work processes, and timeline for implementing the |
Institute's work. The Climate Jobs Institute's Executive |
Director shall serve as Chairperson of the Council, and the |
Council shall meet at the call of the Executive Director. |
(d) The Climate Jobs Institute shall provide high-quality, |
accurate information through research and education that |
addresses key issues and questions to guide the State's |
implementation and transition goals to a strong, equitable, |
decarbonized economy. The Climate Jobs Institute may respond |
to inquiries submitted by State lawmakers and State agencies. |
(e) The Climate Jobs Institute shall do all of the |
following: |
(1) Evaluate how workforce opportunities in the |
|
clean-energy industry can provide just transitions for |
displaced energy workers in the State. This duty shall |
include, but is not limited to, identifying the industries |
and demographics that will be most impacted by the |
transition to a clean-energy economy, finding workforce |
transition opportunities available to workers based on |
level of skill and geographic location, identifying and |
eliminating barriers that may prevent workers from |
entering the clean-energy industry, and defining the |
nature and level of job support that is necessary for a |
successful employment transition to clean-energy jobs. |
(2) Identify opportunities to maximize job creation |
and workforce development in the State's clean-energy |
industry, being particularly mindful of job creation in |
historically underrepresented populations and |
environmental justice communities. This duty shall |
include, but is not limited to, identifying the types of |
workforce development training programs and activities |
that are needed to meet the workforce demand in the |
clean-energy industry, identifying the types of |
clean-energy activities that provide the greatest job |
creation and economic benefits to various regions in the |
State, and classifying the quantity and category of jobs |
needed to meet the State's clean-energy commitment. |
(3) Recommend policies that will create high-quality |
family and community-sustaining jobs in the clean-energy |
|
economy. This duty shall include, but is not limited to, |
identifying how wages, workforce development training, and |
labor standards improve the quality of clean-energy jobs, |
evaluating the economic impact of implementing high labor |
standards, and identifying effective labor-standard |
enforcement measures. |
(4) Develop strategies to address current and future |
supply chain vulnerabilities and challenges in the |
clean-energy manufacturing industry. This duty shall |
include, but is not limited to, identifying how the State |
can incentivize the development of a clean-energy |
manufacturing supply chain, including end-of-life |
recycling for renewable-energy-generation components, |
identifying the types of information and support that are |
needed to help businesses transition to providing products |
and services for the clean-energy economy, and assessing |
what forms of low-interest loans, grants, and technical |
assistance will best support business communities through |
this transition. |
(5) Identify how to expand access to high-quality |
clean-energy jobs for environmental justice communities |
and other frontline communities that have faced historical |
inequities. This duty shall include, but is not limited |
to, identifying best practices for building a pipeline for |
workers participating in on-the-job training programs to |
high quality careers in the clean-energy industry and |
|
identifying how the State can utilize clean-energy jobs |
hubs and United States Department of Labor registered |
apprenticeship programs to advance labor market equity. |
(6) Assess the types of support that local governments |
will need to help communities develop their own community |
energy, climate, and jobs plans. This duty shall include, |
but is not limited to, identifying the sociological, |
ecological, and economic impact on local communities |
resulting from the transition to a clean-energy economy |
and ascertaining the type of financial and technical |
support that local governments may need to navigate the |
transition to a decarbonized economy. |
(7) Evaluate initiatives, including the Public Schools |
Carbon-Free Assessment programs, to retrofit schools for |
energy efficiencies to create a safe, healthy, |
cost-effective school environment, while contributing to |
an environmentally sustainable State. This duty shall |
include, but is not limited to, identifying the type of |
research support that school districts may need to assess |
initiatives to decarbonize public schools, identifying |
best practices to prioritize assistance for school |
districts most impacted by climate change, and |
synthesizing the results of school energy audits to inform |
policy decision making. |
(f) The Climate Jobs Institute's research shall be |
disseminated in ways that maximize the public dissemination of |
|
the Institute's research and recommendations, including public |
policy reports, academic articles, highly interactive |
web-based platforms, and labor, community, legislative, and |
media outreach and education programs. |
(g) The Climate Jobs Institute may coordinate with the |
Department of Labor and the Department of Commerce and |
Economic Opportunity to share data collected for, but not |
limited to, the Bureau on Apprenticeship Programs and Clean |
Energy Jobs and the Energy Community Reinvestment Report. |
ARTICLE 4. |
Section 4-1. Short title. This Article may be cited as the |
Broadband Infrastructure Advancement Act. References in this |
Article to "this Act" mean this Article. |
Section 4-5. Findings. The General Assembly finds:
|
(1) that on November 15, 2021, the Infrastructure |
Investment and Jobs Act was signed into law by President |
Biden, which provides for historic levels of investment in |
the nation's infrastructure;
|
(2) that the United States government has made |
available $550,000,000,000 for new infrastructure |
investment for state and local governments through the |
Infrastructure Investment and Job Act;
|
(3) that it is essential that this State not lose out |
|
on funding made available through the Infrastructure |
Investment and Jobs Infrastructure Investment and Jobs |
Act;
|
(4) that investments in this State's bridges, roads, |
highways, rail system, high-speed internet, and |
electricity are essential to the public safety, economic |
viability, and equity of all citizens in every part of |
this State;
|
(5) that an important component of infrastructure in |
the 21st century is access to affordable, reliable, |
high-speed internet;
|
(6) that the persistent digital divide in this State |
is a barrier to the economic competitiveness in the |
economic distribution of essential public services, |
including health care and education; and
|
(7) that the digital divide disproportionately affects |
communities of color, lower-income areas, and rural areas, |
and the benefits of broadband should be broadly enjoyed by |
all citizens of this State.
|
Section 4-10. Intent. This Act is intended to be construed |
in compliance and consistent with the Infrastructure |
Investment and Jobs Act and all regulations, rules, guidance, |
forms, instructions, and publications issued thereunder. In |
any instance in which this Act conflicts with such |
regulations, rules, guidance, forms, instructions, or |
|
publications, the latter shall prevail. |
Section 4-15. Use of funds. Any plans, responses to |
requests, letters of intent, application materials, or other |
documents prepared describing the State's intended plan for |
distributing broadband grants that must be submitted to the |
federal government pursuant to Division F of the |
Infrastructure Investment and Jobs Act and any associated |
federal rule, regulation, or guidance in order to be eligible |
to receive broadband grants pursuant to the Infrastructure |
Investment and Jobs Act must be, to the extent practical, |
submitted to the Legislative Budget Oversight Commission for |
review and comment at least 30 days prior to submission to the |
federal government. The Governor, or designated State entity |
responsible for administering the grant programs pursuant to |
Division F of the Infrastructure Investment and Jobs Act, must |
consider comments and suggestions provided by the members of |
the Legislative Budget Oversight Commission and members of the |
public. |
Section 4-20. Use of other broadband funds. The Department |
of Commerce and Economic Opportunity, the Office of Broadband, |
or any other State agency, board, office, or commission |
appropriated funding to provide grants for broadband |
deployment, broadband expansion, broadband access, broadband |
affordability, and broadband improvement projects must |
|
establish program eligibility and selection criteria by |
administrative rules. |
Section 4-25. The General Assembly Operations Act is |
amended by changing Section 20 as follows: |
(25 ILCS 10/20) |
(Section scheduled to be repealed on July 1, 2022) |
Sec. 20. Legislative Budget Oversight Commission. |
(a) The General Assembly hereby finds and declares that |
the State is confronted with an unprecedented fiscal crisis. |
In light of this crisis, and the challenges it presents for the |
budgeting process, the General Assembly hereby establishes the |
Legislative Budget Oversight Commission. The purpose of the |
Commission is: to monitor budget management actions taken by |
the Office of the Governor or Governor's Office of Management |
and Budget; and to oversee the distribution and expenditure of |
federal financial relief for State and local governments |
related to the COVID-19 pandemic ; and to advise and review |
planned expenditures of State and federal grants for broadband |
projects . |
(b) At the request of the Commission, units of local |
governments and State agency directors or their respective |
designees shall report to the Commission on the status and |
distribution of federal CARES money and any other federal |
financial relief related to the COVID-19 pandemic. |
|
(c) In anticipation of constantly changing and |
unpredictable economic circumstances, the Commission will |
provide a means for the Governor's Office and the General |
Assembly to maintain open communication about necessary budget |
management actions during these unprecedented times. Beginning |
August 15, 2020, the Governor's Office of Management and |
Budget shall submit a monthly written report to the Commission |
reporting any budget management actions taken by the Office of |
the Governor, Governor's Office of Management and Budget, or |
any State agency. At the call of one of the co-chairs On a |
quarterly basis , the Governor or his or her designee shall |
give a report to the Commission and each member thereof. The |
report shall be given either in person or by telephonic or |
videoconferencing means. The report shall include: |
(1) any budget management actions taken by the Office |
of the Governor, Governor's Office of Management and |
Budget, or any agency or board under the Office of the |
Governor in the prior quarter; |
(2) year-to-date general funds revenues as compared to |
anticipated revenues; |
(3) year-to-date general funds expenditures as |
compared to the Fiscal Year 2021 budget as enacted; |
(4) a list, by program, of the number of grants |
awarded, the aggregate amount of such grant awards, and |
the aggregate amount of awards actually paid with respect |
to all grants awarded from federal funds from the |
|
Coronavirus Relief Fund in accordance with Section 5001 of |
the federal Coronavirus Aid, Relief, and Economic Security |
(CARES) Act or from the Coronavirus State Fiscal Recovery |
Fund in accordance with Section 9901 of the federal |
American Rescue Plan Act of 2021, which shall identify the |
number of grants awarded, the aggregate amount of such |
grant awards, and the aggregate amount of such awards |
actually paid to grantees located in or serving a |
disproportionately impacted area, as defined in the |
program from which the grant is awarded; and |
(5) any additional items reasonably requested by the |
Commission. |
(c-5) Any plans, responses to requests, letters of intent, |
application materials, or other documents prepared on behalf |
of the State describing the State's intended plan for |
distributing grants pursuant to Division F of the |
Infrastructure Investment and Jobs Act must be, to the extent |
practical, provided to the Legislative Budget Oversight |
Commission for review at least 30 days prior to submission to |
the appropriate federal entity. If plans, responses to |
requests, letters of intent, application materials, or other |
documents prepared on behalf of the State describing the |
State's plan or goals for distributing grants pursuant to |
Division F of the Infrastructure Investment and Jobs Act |
cannot practically be given the Legislative Budget Oversight |
Commission 30 days prior to submission to the appropriate |
|
federal entity, the materials shall be provided to the |
Legislative Budget Oversight Commission with as much time for |
review as practical. All documents provided to the Commission |
shall be made available to the public on the General
|
Assembly's website. However, the following information shall |
be redacted from any documents made available to the public: |
(i) information specifically prohibited from disclosure by |
federal or State law or federal or State rules and |
regulations; (ii) trade secrets; (iii) security sensitive |
information; and (iv) proprietary, privileged, or confidential |
commercial or financial information from a privately held |
person or business which, if disclosed, would cause |
competitive harm. Members of the public and interested parties |
may submit written
comments to the Commission for |
consideration. Prior to the State's submission to the
|
appropriate federal entity pursuant to this subsection, the |
Commission shall conduct at least
one public hearing during |
which members of the public and other interested parties may |
file
written comments with and offer testimony before the |
Commission. After completing its review
and consideration of |
any such testimony offered and written public comments |
received, the
Commission shall submit its written comments and |
suggestions to the Governor or designated
State entity |
responsible for administering the grant programs under |
Division F of the
Infrastructure Investment and Jobs Act on |
behalf of the State.
The Governor, or designated State entity |
|
responsible for administering the grant programs pursuant to |
Division F of the Infrastructure Investment and Jobs Act, must |
consider comments and suggestions provided by the members of |
the Legislative Budget Oversight Commission and members of the |
public. |
(c-10) At the request of the Commission, the Governor or |
the designated State entity responsible for administering |
programs under Division F of the Infrastructure Investment and |
Jobs Act on behalf of the State must report on the grants |
issued by the State pursuant to the programs under Division F |
of the Infrastructure Investment and Jobs Act. |
(d) The Legislative Budget Oversight Commission shall |
consist of the following members: |
(1) 7 members of the House of Representatives |
appointed by the Speaker of the House of Representatives; |
(2) 7 members of the Senate appointed by the Senate |
President; |
(3) 4 members of the House of Representatives |
appointed by the Minority Leader of the House of |
Representatives; and |
(4) 4 members of the Senate appointed by the Senate |
Minority Leader. |
(e) The Speaker of the House of Representatives and the |
Senate President shall each appoint one member of the |
Commission to serve as a co-chair. The members of the |
Commission shall serve without compensation. |
|
(f) As used in this Section: |
"Budget management action" means any transfer between |
appropriation lines exceeding 2%, fund transfer directed by |
the Governor or the Governor's Office of Management and |
Budget , designation of appropriation lines as reserve, or any |
other discretionary action taken with regard to the Fiscal |
Year 2021 budget as enacted; |
"State agency" means all officers, boards, commissions, |
departments, and agencies created by the Constitution, by law, |
by Executive Order, or by order of the Governor in the |
Executive Branch, other than the Offices of the Attorney |
General, Secretary of State, Comptroller, or Treasurer. |
(g) This Section is repealed July 1, 2023 2022 .
|
(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.) |
ARTICLE 5. |
Section 5-3. The Illinois Constitutional Amendment Act is |
amended by changing Section 2 as follows:
|
(5 ILCS 20/2) (from Ch. 1, par. 103)
|
Sec. 2.
|
(a) The General Assembly in submitting an amendment to the
|
Constitution to the electors, or the proponents of an |
amendment to Article
IV of the Constitution submitted by |
petition, shall prepare a brief explanation of such
amendment, |
|
a brief argument in favor of the same, and the form in which
|
such amendment will appear on the separate ballot as provided |
by Section
16-6 of the Election Code, as
amended. The minority |
of the General Assembly, or if there is no minority,
anyone |
designated by the General Assembly shall prepare a brief |
argument
against such amendment. The explanation, the |
arguments for and against each constitutional amendment, and |
the form in which the amendment will appear on the separate |
ballot shall be approved by a joint resolution of the General |
Assembly and filed in the office of the Secretary of State with |
the proposed amendment. |
(b) In the case of an
amendment to Article IV of the |
Constitution initiated pursuant to Section
3 of Article XIV of |
the Constitution, the proponents shall be those persons
so |
designated at the time of the filing of the petition as |
provided in Section
10-8 of the Election Code, and the |
opponents shall be those members of the
General Assembly |
opposing such amendment, or if there are none, anyone
|
designated by the General Assembly and such opponents shall |
prepare a brief
argument against such amendment. The |
proponent's explanation and
argument in favor of and the |
opponents argument against an amendment
to Article IV |
initiated by petition must
be submitted to the Attorney |
General, who may rewrite them for accuracy
and fairness. The |
explanation,
the arguments for and against each constitutional |
amendment, and the form in which the
amendment will appear on |
|
the separate ballot shall be filed in the
office of the |
Secretary of State with the proposed amendment. |
(c) At least 2 months one
month before the next election of |
members of the General Assembly,
following the passage of the |
proposed amendment, the Secretary of State
shall publish the |
amendment, in full in 8 point type, or the equivalent
thereto, |
in at least one secular newspaper of general circulation in
|
every county in this State in which a newspaper is published. |
In
counties in which 2 or more newspapers are published, the |
Secretary of
State shall cause such amendment to be published |
in 2 newspapers. In
counties having a population of 500,000 or |
more, such amendment shall be
published in not less than 6 |
newspapers of general circulation. After
the first |
publication, the publication of such amendment shall be
|
repeated once each week for 2 consecutive weeks. In selecting |
newspapers
in which to publish such amendment the Secretary of |
State shall have
regard solely to the circulation of such |
newspapers, selecting secular
newspapers in every case having |
the largest circulation. The proposed
amendment shall have a |
notice prefixed thereto in said publications,
that at such |
election the proposed amendment will be submitted to the
|
electors for adoption or rejection, and at the end of the |
official
publication, he shall also publish the form in which |
the proposed
amendment will appear on the separate ballot. The |
Secretary of State
shall fix the publication fees to be paid |
newspapers for making such
publication, but in no case shall |
|
such publication fee exceed the amount
charged by such |
newspapers to private individuals for a like
publication. |
(d) In addition to the notice hereby required to be |
published,
the Secretary of State shall also cause the |
existing form of the
constitutional provision proposed to be |
amended, the proposed amendment,
the explanation of the same, |
the arguments for and against the same, and
the form in which |
such amendment will appear on the separate ballot, to
be |
published in pamphlet form in 8 point type or the equivalent |
thereto in English, in additional languages as required by |
Section 203 of Title III of the federal Voting Rights Act of |
1965, and in braille. The Secretary of State shall publish the |
pamphlet on the Secretary's website in a downloadable, |
printable format and maintain a reasonable supply of printed |
pamphlets to be available upon request. The Secretary of State |
shall publish an audio version of the pamphlet, which shall be |
available for playback on the Secretary's website and made |
available to any individual or entity upon request. ;
and |
(e) Except as provided in subsection (f), the Secretary of |
State shall mail such pamphlet to every mailing
address in the |
State, addressed to the attention of the Postal Patron. He
|
shall also maintain a reasonable supply of such pamphlets so |
as to make
them available to any person requesting one.
|
(f) For any proposed constitutional amendment appearing on |
the ballot for the general election on November 8, 2022, the |
Secretary of State, in lieu of the requirement in subsection |
|
(e) of this Act, shall mail a postcard to every mailing address |
in the State advising that a proposed constitutional amendment |
will be considered at the general election. The postcard shall |
include a URL to the Secretary of State's website that |
contains the information required in subsection (d). |
(Source: P.A. 98-463, eff. 8-16-13.)
|
Section 5-5. The Substance Use Disorder Act is amended by |
changing Section 5-10 as follows:
|
(20 ILCS 301/5-10)
|
Sec. 5-10. Functions of the Department.
|
(a) In addition to the powers, duties and functions vested |
in the Department
by this Act, or by other laws of this State, |
the Department shall carry out the
following activities:
|
(1) Design, coordinate and fund comprehensive
|
community-based and culturally and gender-appropriate |
services
throughout the State. These services must include
|
prevention, early intervention, treatment, and other
|
recovery support services for substance use disorders that
|
are accessible and addresses the needs of at-risk
|
individuals and their families.
|
(2) Act as the exclusive State agency to accept, |
receive and expend,
pursuant to appropriation, any public |
or private monies, grants or services,
including those |
received from the federal government or from other State
|
|
agencies, for the purpose of providing prevention, early
|
intervention, treatment, and other recovery support
|
services for substance use disorders.
|
(2.5) In partnership with the Department of Healthcare |
and Family Services, act as one of the principal State |
agencies for the sole purpose of calculating the |
maintenance of effort requirement under Section 1930 of |
Title XIX, Part B, Subpart II of the Public Health Service |
Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR |
96.134). |
(3) Coordinate a statewide strategy for the
|
prevention, early intervention,
treatment, and recovery |
support of substance use
disorders. This strategy shall |
include the development of a
comprehensive plan, submitted |
annually with the
application for federal substance use |
disorder block grant
funding, for the provision of an |
array of such services. The plan shall be based on local |
community-based needs and upon
data including, but not |
limited to, that which defines the prevalence of and
costs |
associated with substance use
disorders.
This |
comprehensive plan shall include identification of |
problems, needs,
priorities, services and other pertinent |
information, including the needs of
minorities and other |
specific priority populations in the State, and shall |
describe how
the identified problems and needs will be |
addressed. For purposes of this
paragraph, the term |
|
"minorities and other specific priority populations" may |
include,
but shall not be limited to, groups such as |
women, children, intravenous drug
users, persons with AIDS |
or who are HIV infected, veterans, African-Americans, |
Puerto
Ricans, Hispanics, Asian Americans, the elderly, |
persons in the criminal
justice system, persons who are |
clients of services provided by other State
agencies, |
persons with disabilities and such other specific |
populations as the
Department may from time to time |
identify. In developing the plan, the
Department shall |
seek input from providers, parent groups, associations and
|
interested citizens.
|
The plan
developed under this Section shall include an |
explanation of the rationale to
be used in ensuring that |
funding shall be based upon local community needs,
|
including, but not limited to, the incidence and |
prevalence of, and costs
associated with, substance use
|
disorders, as
well as upon demonstrated program |
performance.
|
The plan developed under this Section shall
also |
contain a report detailing the activities of and progress |
made through services for the
care and treatment of |
substance use disorders among
pregnant women and mothers |
and their children established
under subsection (j) of |
Section 35-5.
|
As applicable, the plan developed under this Section
|
|
shall also include information about funding by other |
State
agencies for prevention, early intervention, |
treatment,
and other recovery support services.
|
(4) Lead, foster and develop cooperation, coordination |
and agreements
among federal and State governmental |
agencies and local providers that provide
assistance, |
services, funding or other functions, peripheral or |
direct, in the
prevention, early intervention, treatment,
|
and recovery support for substance use disorders. This |
shall include, but shall not be limited to,
the following:
|
(A) Cooperate with and assist other State
|
agencies, as applicable, in establishing and
|
conducting substance use disorder services among the
|
populations they respectively serve.
|
(B) Cooperate with and assist the Illinois |
Department of Public Health
in the establishment, |
funding and support of programs and services for the
|
promotion of maternal and child health and the |
prevention and treatment of
infectious diseases, |
including but not limited to HIV infection, especially
|
with respect to those persons who are high risk due to
|
intravenous injection of illegal drugs, or who may |
have
been sexual partners of these individuals, or who |
may
have impaired immune systems as a result of a
|
substance use disorder.
|
(C) Supply to the Department of Public Health and |
|
prenatal care
providers a list of all providers who |
are
licensed to provide substance use disorder |
treatment
for pregnant women in this State.
|
(D) Assist in the placement of child abuse or |
neglect perpetrators
(identified by the Illinois |
Department of Children and Family Services (DCFS)) who
|
have been determined to be in need of substance use
|
disorder treatment
pursuant to Section 8.2 of the |
Abused and Neglected Child Reporting Act.
|
(E) Cooperate with and assist DCFS in carrying out |
its mandates to:
|
(i) identify substance use disorders among its |
clients and
their families; and
|
(ii) develop services to deal with such |
disorders.
|
These services may include, but shall not be limited |
to,
programs to prevent or treat substance
use |
disorders with DCFS clients and their families,
|
identifying child care needs within such treatment, |
and assistance with other
issues as required.
|
(F) Cooperate with and assist the Illinois |
Criminal Justice Information
Authority with respect to |
statistical and other information concerning the |
incidence and prevalence of substance use
disorders.
|
(G) Cooperate with and assist the State |
Superintendent of Education,
boards of education, |
|
schools, police departments, the Illinois State |
Police, courts and other public and private agencies |
and individuals in
establishing prevention programs |
statewide and preparing curriculum materials
for use |
at all levels of education.
|
(H) Cooperate with and assist the Illinois |
Department of Healthcare and Family Services in
the |
development and provision of services offered to |
recipients of public
assistance for the treatment and |
prevention of substance use disorders.
|
(I) (Blank).
|
(5) From monies appropriated to the Department from |
the Drunk and Drugged
Driving Prevention Fund, reimburse |
DUI evaluation and risk
education programs licensed by the |
Department for providing
indigent persons with free or |
reduced-cost evaluation and risk education services |
relating to a charge of
driving under the influence of |
alcohol or other drugs.
|
(6) Promulgate regulations to identify and disseminate |
best practice guidelines that can be utilized by publicly
|
and privately funded programs as well as for levels of |
payment to government
funded programs that provide |
prevention,
early intervention, treatment, and other |
recovery support services for substance use disorders and |
those services referenced in Sections 15-10
and 40-5.
|
(7) In consultation with providers and
related trade |
|
associations, specify a uniform
methodology for use by |
funded providers and the
Department for billing
and |
collection and dissemination of statistical information
|
regarding services related to substance use
disorders.
|
(8) Receive data and assistance from federal, State |
and local governmental
agencies, and obtain copies of |
identification and arrest data from all federal,
State and |
local law enforcement agencies for use in carrying out the |
purposes
and functions of the Department.
|
(9) Designate and license providers to conduct |
screening, assessment,
referral and tracking of clients |
identified by the criminal justice system as
having |
indications of substance use
disorders and being
eligible |
to make an election for treatment under Section 40-5 of |
this Act, and
assist in the placement of individuals who |
are under court order to participate
in treatment.
|
(10) Identify and disseminate evidence-based best |
practice guidelines as maintained in administrative rule |
that can be utilized to determine a substance use disorder |
diagnosis.
|
(11) (Blank).
|
(12) Make grants with funds appropriated from the Drug |
Treatment Fund in
accordance with Section 7 of the |
Controlled Substance and Cannabis Nuisance
Act, or in |
accordance with Section 80 of the Methamphetamine Control |
and Community Protection Act, or in accordance with |
|
subsections (h) and (i) of Section 411.2 of the
Illinois |
Controlled Substances Act, or in accordance with Section |
6z-107 of the State Finance Act.
|
(13) Encourage all health and disability insurance |
programs to include
substance use disorder
treatment as a |
covered service and to use evidence-based best practice |
criteria as maintained in administrative rule and as |
required in Public Act 99-0480 in determining the |
necessity for such services and continued stay.
|
(14) Award grants and enter into fixed-rate and |
fee-for-service arrangements
with any other department, |
authority or commission of this State, or any other
state |
or the federal government or with any public or private |
agency, including
the disbursement of funds and furnishing |
of staff, to effectuate the purposes
of this Act.
|
(15) Conduct a public information campaign to inform |
the State's
Hispanic residents regarding the prevention |
and treatment of substance use disorders.
|
(b) In addition to the powers, duties and functions vested |
in it by this
Act, or by other laws of this State, the |
Department may undertake, but shall
not be limited to, the |
following activities:
|
(1) Require all organizations licensed or funded by |
the Department to include an education
component to inform |
participants regarding the causes and means of |
transmission
and methods of reducing the risk of acquiring |
|
or transmitting HIV infection and other infectious
|
diseases,
and to include funding for such education |
component in its support of the
program.
|
(2) Review all State agency applications for federal |
funds that include
provisions relating to the prevention, |
early intervention and treatment of
substance use
|
disorders in order to ensure consistency.
|
(3) Prepare, publish, evaluate, disseminate and serve |
as a central
repository for educational materials dealing |
with the nature and effects of
substance use disorders. |
Such materials may deal with
the educational needs of the |
citizens of Illinois, and may include at least
pamphlets |
that describe the causes and effects of fetal alcohol
|
spectrum disorders.
|
(4) Develop and coordinate, with regional and local |
agencies, education
and training programs for persons |
engaged in providing services
for persons with
substance |
use disorders,
which programs may include specific HIV |
education and training for program
personnel.
|
(5) Cooperate with and assist in the development of |
education, prevention, early intervention,
and treatment |
programs for employees of State and local governments and
|
businesses in the State.
|
(6) Utilize the support and assistance of interested |
persons in the
community, including recovering persons, to |
assist individuals
and communities in understanding the |
|
dynamics of substance use
disorders, and to encourage
|
individuals with substance use disorders to
voluntarily |
undergo treatment.
|
(7) Promote, conduct, assist or sponsor basic |
clinical, epidemiological
and statistical research into |
substance use disorders
and research into the prevention |
of those problems either solely or in
conjunction with any |
public or private agency.
|
(8) Cooperate with public and private agencies, |
organizations and
individuals in the development of |
programs, and to provide technical assistance
and |
consultation services for this purpose.
|
(9) (Blank).
|
(10) (Blank).
|
(11) Fund, promote, or assist entities dealing with
|
substance use disorders.
|
(12) With monies appropriated from the Group Home Loan |
Revolving Fund,
make loans, directly or through |
subcontract, to assist in underwriting the
costs of |
housing in which individuals recovering from substance use
|
disorders may reside, pursuant
to Section 50-40 of this |
Act.
|
(13) Promulgate such regulations as may be necessary |
to carry out the purposes and enforce the
provisions of |
this Act.
|
(14) Provide funding to help parents be effective in |
|
preventing
substance use disorders by building an |
awareness of the family's
role in preventing substance use |
disorders through adjusting expectations, developing new |
skills,
and setting positive family goals. The programs |
shall include, but not be
limited to, the following |
subjects: healthy family communication; establishing
rules |
and limits; how to reduce family conflict; how to build |
self-esteem,
competency, and responsibility in children; |
how to improve motivation and
achievement; effective |
discipline; problem solving techniques; and how to talk
|
about drugs and alcohol. The programs shall be open to all |
parents.
|
(c) There is created within the Department of Human |
Services an Office of Opioid Settlement Administration. The |
Office shall be responsible for implementing and administering |
approved abatement programs as described in Exhibit B of the |
Illinois Opioid Allocation Agreement, effective December 30, |
2021. The Office may also implement and administer other |
opioid-related programs, including but not limited to |
prevention, treatment, and recovery services from other funds |
made available to the Department of Human Services. The |
Secretary of Human Services shall appoint or assign staff as |
necessary to carry out the duties and functions of the Office. |
(Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21.)
|
Section 5-10. The Department of Central Management |
|
Services Law of the
Civil Administrative Code of Illinois is |
amended by changing Section 405-280 as follows:
|
(20 ILCS 405/405-280) (was 20 ILCS 405/67.15)
|
Sec. 405-280. State garages; charging stations; passenger |
cars. |
(a) To supervise and
administer all State garages used for
|
the repair, maintenance, or servicing of State-owned motor |
vehicles
except those operated by any State college or |
university or by the Illinois
Mathematics and Science Academy; |
to supervise and administer the design, purchase, |
installation, operation, and maintenance of electric vehicle |
charging infrastructure and associated improvements on any |
property that is owned or controlled by the State; and to |
acquire, maintain, and administer
the operation of the |
passenger cars reasonably necessary to the operations
of the |
executive department of the State government. To this end, the
|
Department shall adopt regulations setting
forth guidelines |
for the acquisition, use, maintenance, and replacement of
|
motor vehicles, including the use of ethanol blended gasoline |
whenever
feasible, used by the executive department of State |
government;
shall
occupy the space and take possession of the |
personnel, facilities,
equipment, tools, and vehicles that are |
in the possession or
under the
administration of the former |
Department of Administrative Services for these
purposes on |
July 13, 1982 (the effective date of Public Act 82-789); and |
|
shall,
from time to time, acquire any further, additional, and
|
replacement
facilities, space, tools, and vehicles that are |
reasonably
necessary for
the purposes described in this |
Section. |
(a-5) Notwithstanding any State policy or rule to the |
contrary, any State-owned motor vehicle requiring maintenance |
in the form of an oil change shall have such maintenance |
performed according to the applicable Department policy which |
considers the manufacturer's suggested oil change frequency |
for that vehicle's particular make, model, and year. The |
Department shall evaluate the original equipment |
manufacturer's oil change interval recommendations and other |
related impacts periodically and consider policy adjustments |
as is cost and operationally efficient for the State. |
(b) The Department shall evaluate the availability and |
cost of GPS systems that State agencies may be able to use to |
track State-owned motor vehicles. |
(c) The Department shall distribute a spreadsheet or |
otherwise make data entry available to each State agency to |
facilitate the collection of data for publishing on the |
Department's Internet website. Each State agency shall |
cooperate with the Department in furnishing the data necessary |
for the implementation of this subsection within the timeframe |
specified by the Department. Each State agency shall be |
responsible for the validity and accuracy of the data |
provided. Beginning on July 1, 2013, the Department shall make |
|
available to the public on its Internet website the following |
information: |
(1) vehicle cost data, organized by individual vehicle |
and by State agency, and including repair, maintenance, |
fuel, insurance, and other costs, as well as whether |
required vehicle inspections have been performed; and |
(2) an annual vehicle breakeven analysis, organized by |
individual vehicle and by State agency, comparing the |
number of miles a vehicle has been driven with the total |
cost of maintaining the vehicle. |
(d) Beginning on January 1, 2013 ( the effective date of |
Public Act 97-922) this amendatory Act of the 97th General |
Assembly , and notwithstanding any provision of law to the |
contrary, the Department may not make any new motor vehicle |
purchases until the Department sets forth procedures to |
condition the purchase of new motor vehicles on (i) a |
determination of need based on a breakeven analysis, and (ii) |
a determination that no other available means, including car |
sharing or rental agreements, would be more cost-effective to |
the State. However, the Department may purchase motor vehicles |
not meeting or exceeding a breakeven analysis only if there is |
no alternative available to carry out agency work functions |
and the purchase is approved by the Manager of the Division of |
Vehicles upon the receipt of a written explanation from the |
agency head of the operational needs justifying the purchase.
|
(Source: P.A. 100-651, eff. 1-1-19 .)
|
|
Section 5-12. The Children and Family Services Act is |
amended by adding Section 35.11 as follows: |
(20 ILCS 505/35.11 new) |
Sec. 35.11. Rate study. By November 1, 2022, the |
Department of Children and Family Services shall issue a |
request for proposal for a rate consultant to study and |
develop potential new rates and rate methodologies using |
objective, publicly available data sources, standard |
administrative cost reporting, and provider-reported costs in |
order to determine the resources necessary to create and |
maintain a robust continuum of care in Illinois to meet the |
needs of all youth in the Department's care, including, but |
not limited to, therapeutic residential placements, |
evidence-based alternatives to residential care including |
therapeutic foster care, specialized foster care, community |
supports for youth in care who are returned home to parents or |
guardians, and emergency foster care and emergency shelter |
care. |
Section 5-15. The Department of Commerce and Economic |
Opportunity Law of the
Civil Administrative Code of Illinois |
is amended by changing Sections 605-55 and 605-705 and by |
adding Sections 605-1095 and 605-1100 as follows:
|
|
(20 ILCS 605/605-55) (was 20 ILCS 605/46.21)
|
Sec. 605-55. Contracts and other acts to accomplish |
Department's
duties. To make and enter into contracts, |
including but not limited
to making grants and loans to units |
of local government, private
agencies as defined in the |
Illinois State Auditing Act, non-profit
corporations, |
educational institutions, and for-profit businesses as
|
authorized pursuant to appropriations by the General Assembly |
from the
Build Illinois Bond Fund, the Fund for
Illinois' |
Future, the Capital Development Fund, and the General Revenue
|
Fund, and, for Fiscal Year 2023 only, the Chicago Travel |
Industry Promotion Fund, and generally to do all things that, |
in its judgment, may be
necessary, proper, and expedient in |
accomplishing its duties.
|
(Source: P.A. 94-91, eff. 7-1-05.)
|
(20 ILCS 605/605-705) (was 20 ILCS 605/46.6a)
|
Sec. 605-705. Grants to local tourism and convention |
bureaus.
|
(a) To establish a grant program for local tourism and
|
convention bureaus. The Department will develop and implement |
a program
for the use of funds, as authorized under this Act, |
by local tourism and
convention bureaus. For the purposes of |
this Act,
bureaus eligible to receive funds are those local |
tourism and
convention bureaus that are (i) either units of |
local government or
incorporated as not-for-profit |
|
organizations; (ii) in legal existence
for a minimum of 2 |
years before July 1, 2001; (iii) operating with a
paid, |
full-time staff whose sole purpose is to promote tourism in |
the
designated service area; and (iv) affiliated with one or |
more
municipalities or counties that support the bureau with |
local hotel-motel
taxes. After July 1, 2001, bureaus |
requesting certification in
order to receive funds for the |
first time must be local tourism and
convention bureaus that |
are (i) either units of local government or
incorporated as |
not-for-profit organizations; (ii) in legal existence
for a |
minimum of 2 years before the request for certification; (iii)
|
operating with a paid, full-time staff whose sole purpose is |
to promote
tourism in the designated service area; and (iv) |
affiliated with
multiple municipalities or counties that |
support the bureau with local
hotel-motel taxes. Each bureau |
receiving funds under this Act will be
certified by the |
Department as the designated recipient to serve an area of
the |
State.
Notwithstanding the criteria set forth in this |
subsection (a), or any rule
adopted under this subsection (a), |
the Director of the Department may
provide for the award of |
grant funds to one or more entities if in the
Department's |
judgment that action is necessary in order to prevent a loss of
|
funding critical to promoting tourism in a designated |
geographic area of the
State.
|
(b) To distribute grants to local tourism and convention |
bureaus from
appropriations made from the Local Tourism Fund |
|
for that purpose. Of the
amounts appropriated annually to the |
Department for expenditure under this
Section prior to July 1, |
2011, one-third of those monies shall be used for grants to |
convention and
tourism bureaus in cities with a population |
greater than 500,000. The
remaining two-thirds of the annual |
appropriation prior to July 1, 2011 shall be used for grants to
|
convention and tourism bureaus in the
remainder of the State, |
in accordance with a formula based upon the
population served. |
Of the amounts appropriated annually to the Department for |
expenditure under this Section beginning July 1, 2011, 18% of |
such moneys shall be used for grants to convention and tourism |
bureaus in cities with a population greater than 500,000. Of |
the amounts appropriated annually to the Department for |
expenditure under this Section beginning July 1, 2011, 82% of |
such moneys shall be used for grants to convention bureaus in |
the remainder of the State, in accordance with a formula based |
upon the population served. The Department may reserve up to |
3% of total
local tourism funds available for costs of |
administering the program to conduct audits of grants, to |
provide incentive funds to
those
bureaus that will conduct |
promotional activities designed to further the
Department's |
statewide advertising campaign, to fund special statewide
|
promotional activities, and to fund promotional activities |
that support an
increased use of the State's parks or historic |
sites. The Department shall require that any convention and |
tourism bureau receiving a grant under this Section that |
|
requires matching funds shall provide matching funds equal to |
no less than 50% of the grant amount except that in Fiscal |
Years 2021 through 2023 and 2022 only, the Department shall |
require that any convention and tourism bureau receiving a |
grant under this Section that requires matching funds shall |
provide matching funds equal to no less than 25% of the grant |
amount. During fiscal year 2013, the Department shall reserve |
$2,000,000 of the available local tourism funds for |
appropriation to the Historic Preservation Agency for the |
operation of the Abraham Lincoln Presidential Library and |
Museum and State historic sites. |
To provide for the expeditious and timely implementation |
of the changes made by Public Act 101-636 this amendatory Act |
of the 101st General Assembly , emergency rules to implement |
the changes made by Public Act 101-636 this amendatory Act of |
the 101st General Assembly may be adopted by the Department |
subject to the provisions of Section 5-45 of the Illinois |
Administrative Procedure Act.
|
(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
|
(20 ILCS 605/605-1095 new) |
Sec. 605-1095. Hotel Jobs Recovery Grant Program. |
(a) In 2019, the hotel industry in the State of Illinois |
directly employed more than 60,000 people and generated |
$4,000,000,000 in State and local taxes. During the first year |
of the COVID-19 pandemic, one in three hotel workers were laid |
|
off or furloughed, and hotels lost $3,600,000,000 in economic |
activity. Unlike other segments of the hospitality industry, |
the hotel industry has not received any direct hotel-specific |
support from the federal government. Funds awarded under this |
Section will be used by hotels to support their workforce and |
recover from the COVID-19 pandemic. |
(b) As used in this Section: |
"Hotel" means any building or buildings in which the |
public may, for a consideration, obtain living quarters, |
sleeping or housekeeping accommodations. The term includes, |
but is not limited to, inns, motels, tourist homes or courts, |
lodging houses, rooming houses, retreat centers, conference |
centers, and hunting lodges. "Hotel" does not include a |
short-term rental. |
"Short-term rental" means a single-family dwelling, or a |
residential dwelling unit in a multi-unit structure, |
condominium, cooperative, timeshare, or similar joint property |
ownership arrangement, that is rented for a fee for less than |
30 consecutive days. "Short-term rental" includes a vacation |
rental. |
"Operator" and "room" have the meanings given to those |
terms in the Hotel Operators' Occupation Tax Act. |
(c) The Department may receive State funds and, directly |
or indirectly, federal funds under the authority of |
legislation passed in response to the Coronavirus epidemic |
including, but not limited to, the American Rescue Plan Act of |
|
2021, (Public Law 117-2) ("ARPA"); such funds shall be used in |
accordance with the ARPA legislation and other State and |
federal law. Upon receipt or availability of such State or |
federal funds, and subject to appropriations for their use, |
the Department shall establish the Hotel Jobs Recovery Grant |
Program for the purpose of providing direct relief to hotels |
impacted by the COVID-19 pandemic. Based on an application |
filed by the hotel operator, the Department shall award a |
one-time grant in an amount of up to $1,500 for each room in |
the hotel. Every hotel in operation in the state prior to March |
12, 2020 that remains in operation shall be eligible to apply |
for the grant. Grant awards shall be scaled based on a process |
determined by the Department, including reducing the grant |
amount by previous state and local relief provided to the |
business during the COVID-19 pandemic. |
(d) Any operator who receives grant funds under this |
Section shall use a minimum of 80% of the funds on payroll |
costs, to the extent permitted by Section 9901 of ARPA, |
including, but not limited to, wages, benefits, and employer |
contributions to employee healthcare costs. The remaining |
funds shall be used on any other costs and losses permitted by |
ARPA. |
(e) Within 12 months after receiving grant funds under |
this Section, the operator shall submit a written attestation |
to the Department acknowledging compliance with subsection |
(d). |
|
(f) The Department may establish by rule administrative |
procedures for the grant program, including any application |
procedures, grant agreements, certifications, payment |
methodologies, and other accountability measures that may be |
imposed upon participants in the program. The emergency |
rulemaking process may be used to promulgate the initial rules |
of the program following the effective date of this amendatory |
Act of the 102nd General Assembly. |
(g) The Department has the power to issue grants and enter |
into agreements with eligible hotels to carry out the purposes |
of this program. |
(h) This Section is repealed on December 31, 2024. |
(20 ILCS 605/605-1100 new) |
Sec. 605-1100. Restaurant Employment and Stabilization |
Grant Program. |
(a) As used in this Section, "eligible entity" means a |
restaurant or tavern that meets all of the following criteria: |
(1) the restaurant or tavern is located in the State |
of Illinois; |
(2) the restaurant or tavern is eligible to receive |
federal grant funds under Section 5003 of the American |
Rescue Plan Act of 2021 ("ARPA"); |
(3) the restaurant or tavern employs 50 or fewer |
employees; |
(4) the restaurant or tavern was in operation as of |
|
March 12, 2020 and remains in operation; and |
(5) the restaurant or tavern has not received |
financial assistance pursuant to the federal Restaurant |
Revitalization Grant Program; the State Back to Business |
Grant Program or the Business Interruption Grant program; |
or any other local or State program providing more than |
$10,000 in grants or forgiven loans since April 1, 2020. |
(b) The Department may receive State funds and, directly |
or indirectly, federal funds under the authority of |
legislation passed in response to the Coronavirus epidemic |
including, but not limited to, ARPA; such funds shall be used |
in accordance with the ARPA legislation and other State and |
federal law. Upon receipt or availability of such State or |
federal funds, and subject to appropriations for their use, |
the Department shall establish the Restaurant Employment and |
Stabilization Grant Program for the purpose of providing |
direct economic relief to eligible entities that continue to |
be impacted by COVID-19 economic pandemic conditions. The |
Department shall award a one-time grant in an amount of up to |
$50,000 to each eligible entity. Grant award amounts will be |
determined, based on the eligible entity's reported losses |
during a timeframe determined by the Department. |
(c) Eligible entities receiving grant funds under this |
Section shall use those grant funds only for the following |
purposes, to the extent permitted by Section 9901 of ARPA and |
related federal guidance, including but not limited to the |
|
following: payroll costs; paid sick leave; employer |
contributions to employee health care costs; payments of |
principal or interest on any mortgage obligation; rent |
payments, including rent under a lease agreement; utilities; |
maintenance; and operational expenses. |
(d) Within one year after receiving grant funds under this |
Section, the eligible entity shall submit a written |
attestation to the Department acknowledging compliance with |
subsection (c). The Department shall establish additional |
reporting requirements based on reporting guidelines |
established by the U.S. Department of Treasury for Section |
9901 of ARPA by administrative rule. |
(e) If an eligible entity that receives a grant under this |
Section fails to use all of those grant funds within one year |
after receiving the grant, the eligible entity shall return to |
the Department any grant funds that the eligible entity |
received under this Section and did not use for allowable |
expenses under subsection (c). |
(f) The Department may establish by rule administrative |
procedures for the grant program, including any application |
procedures, grant agreements, certifications, payment |
methodologies, and other accountability measures that may be |
imposed upon participants in the program. The emergency |
rulemaking process may be used to promulgate the initial rules |
of the program following the effective date of this amendatory |
Act of the 102nd General Assembly. |
|
(g) The Department has the power to issue grants and enter |
into agreements with eligible entities to carry out the |
purposes of this program. |
(h) This Section is repealed on December 31, 2024. |
Section 5-16. The Electric Vehicle Act is amended by |
changing Section 15 as follows: |
(20 ILCS 627/15) |
Sec. 15. Electric Vehicle Coordinator. The Governor, with |
the advice and consent of the Senate, shall appoint a person |
within the Illinois Environmental Protection Agency to serve |
as the Electric Vehicle Coordinator for the State of Illinois. |
The Electric Vehicle Coordinator shall receive an annual |
salary as set by the Governor and beginning July 1, 2022 shall |
be compensated from appropriations made to the Comptroller for |
this purpose. This person may be an existing employee with |
other duties. The Coordinator shall act as a point person for |
electric vehicle-related and electric vehicle charging-related |
policies and activities in Illinois, including, but not |
limited to, the issuance of electric vehicle rebates for |
consumers and electric vehicle charging rebates for |
organizations and companies.
|
(Source: P.A. 102-444, eff. 8-20-21; 102-662, eff. 9-15-21.) |
Section 5-17. The Department of Natural Resources Act is |
|
amended by changing Section 1-15 as follows:
|
(20 ILCS 801/1-15)
|
Sec. 1-15. General powers and duties.
|
(a) It shall be the duty of the Department to investigate |
practical
problems, implement studies, conduct research and |
provide assistance,
information and data relating to the |
technology and administration of
the natural history, |
entomology, zoology, and botany of this State; the geology
and |
natural resources of this State; the water and atmospheric |
resources of
this State; and the archeological and cultural |
history of this State.
|
(b) The Department (i) shall obtain, store, and process |
relevant
data; recommend technological, administrative, and |
legislative changes and
developments; cooperate with other |
federal, state, and local governmental
research agencies, |
facilities, or institutes in the selection of projects
for |
study; cooperate with the Board of Higher Education and with |
the public
and private colleges and universities in this State |
in developing relevant
interdisciplinary approaches to |
problems; and evaluate curricula at all
levels
of education |
and provide assistance to instructors and (ii) may
sponsor an
|
annual
conference of leaders in government, industry, health, |
and education to
evaluate the state of this State's |
environment and natural resources.
|
(c) The Director, in accordance with the Personnel Code, |
|
shall employ
such personnel, provide such facilities, and |
contract for such outside services
as may be necessary to |
carry out the purposes of the Department. Maximum use
shall be |
made of existing federal and state agencies, facilities, and |
personnel
in conducting research under this Act.
|
(c-5) The Department may use the services of, and enter |
into necessary agreements with, outside entities for the |
purpose of evaluating grant applications and for the purpose |
of administering or monitoring compliance with grant |
agreements. Contracts under this subsection shall not exceed 2 |
years in length. |
(d) In addition to its other powers, the Department has |
the following
powers:
|
(1) To obtain, store, process, and provide data and |
information
related to the powers and duties of the |
Department under this Act.
This subdivision (d)(1) does |
not give authority to the Department to
require reports |
from nongovernmental sources or entities.
|
(2) To cooperate with and support the Illinois Science
|
and Technology Advisory
Committee and the Illinois |
Coalition for the purpose of facilitating the
effective |
operations and activities of such entities. Support may |
include,
but need not be limited to, providing space for |
the operations of the
Committee and the Illinois |
Coalition.
|
(e) The Department is authorized to make grants to local |
|
not-for-profit
organizations for the purposes of development, |
maintenance and study of
wetland areas.
|
(f) The Department has the authority to accept, receive |
and administer
on behalf of the State any gifts, bequests, |
donations, income from property
rental and endowments. Any |
such funds received by the Department shall be
deposited into |
the Natural Resources Fund, a special fund which is hereby
|
created in the State treasury, and used for the purposes of |
this Act or,
when appropriate, for such purposes and under |
such restrictions, terms and
conditions as are predetermined |
by the donor or grantor of such funds or
property. Any accrued |
interest from money deposited into the Natural
Resources Fund |
shall be reinvested into the Fund and used in the same
manner |
as the principal. The Director shall maintain records which |
account
for and assure that restricted funds or property are |
disbursed or used
pursuant to the restrictions, terms or |
conditions of the donor.
|
(g) The Department shall recognize, preserve, and promote |
our special
heritage of recreational hunting and trapping by |
providing opportunities to
hunt and trap in accordance with |
the Wildlife Code.
|
(h) Within 5 years after the effective date of this |
amendatory Act of the 102nd General Assembly, the Department |
shall fly a United States Flag, an Illinois flag, and a POW/MIA |
flag at all State parks. Donations may be made by groups and |
individuals to the Department's Special Projects Fund for |
|
costs related to the implementation of this subsection. |
(Source: P.A. 102-388, eff. 1-1-22 .)
|
Section 5-18. The Department of Human Services Act is |
amended by changing Section 1-20 as follows:
|
(20 ILCS 1305/1-20)
|
Sec. 1-20. General powers and duties.
|
(a) The Department shall exercise the rights, powers, |
duties, and functions
provided by law, including (but not |
limited to) the rights, powers, duties, and
functions |
transferred to the Department under Article 80 and Article 90 |
of this
Act.
|
(b) The Department may employ personnel (in accordance |
with the Personnel
Code), provide facilities, contract for |
goods and services, and adopt rules as
necessary to carry out |
its functions and purposes, all in accordance with
applicable |
State and federal law.
|
(c) On and after the date 6 months after the effective date |
of this amendatory Act of the 98th General Assembly, as |
provided in the Executive Order 1 (2012) Implementation Act, |
all of the powers, duties, rights, and responsibilities |
related to State healthcare purchasing under this Act that |
were transferred from the Department to the Department of |
Healthcare and Family Services by Executive Order 3 (2005) are |
transferred back to the Department. |
|
(d) The Department may utilize the services of, and enter |
into necessary agreements with, outside entities for the |
purpose of evaluating grant applications and administration of |
or monitoring compliance with grant agreements. Contracts |
pursuant to this subsection shall not exceed 2 years in |
length. |
(Source: P.A. 98-488, eff. 8-16-13.)
|
Section 5-20. The Illinois Commission on Volunteerism and |
Community Service Act is amended by adding Section 4.5 as |
follows: |
(20 ILCS 1345/4.5 new) |
Sec. 4.5. Serve Illinois Commission Fund; creation. The |
Serve Illinois Commission Fund is created as a special fund in |
the State treasury. All federal grant moneys awarded in |
support of the activities authorized under this Act to the |
Department of Human Services or the Commission may be |
deposited into the Serve Illinois Commission Fund. In addition |
to federal grant moneys, the Department and the Commission may |
accept and deposit into the Serve Illinois Commission Fund any |
other funds, grants, gifts, and bequests from any source, |
public or private, in support of the activities authorized |
under this Act. Appropriations from the Serve Illinois |
Commission Fund shall be used for operations, grants, and |
other purposes as authorized by this Act. Upon written |
|
notification by the Secretary of Human Services, the State |
Comptroller shall direct and the State Treasurer shall |
transfer any remaining balance in the Federal National |
Community Services Grant Fund to the Serve Illinois Commission |
Fund. |
Section 5-25. The Illinois Lottery Law is amended by |
changing Sections 2, 7.12, and 9.1 and by adding Sections 9.2 |
and 9.3 as follows:
|
(20 ILCS 1605/2) (from Ch. 120, par. 1152)
|
Sec. 2. This Act is enacted to implement and establish |
within the State
a lottery to be conducted by the State through |
the Department. The entire net proceeds of the Lottery
are to |
be used for the support of the State's Common School Fund,
|
except as otherwise provided in this Act subsection (o) of |
Section 9.1 and Sections 21.5, 21.6, 21.7, 21.8, 21.9, 21.10, |
21.11, 21.12, and 21.13 . The General Assembly finds that it is |
in the public interest for the Department to conduct the |
functions of the Lottery with the assistance of a private |
manager under a management agreement overseen by the |
Department. The Department shall be accountable to the General |
Assembly and the people of the State through a comprehensive |
system of regulation, audits, reports, and enduring |
operational oversight. The Department's ongoing conduct of the |
Lottery through a management agreement with a private manager |
|
shall act to promote and ensure the integrity, security, |
honesty, and fairness of the Lottery's operation and |
administration. It is the intent of the General Assembly that |
the Department shall conduct the Lottery with the assistance |
of a private manager under a management agreement at all times |
in a manner consistent with 18 U.S.C. 1307(a)(1), 1307(b)(1), |
1953(b)(4).
|
Beginning with Fiscal Year 2018 and every year thereafter, |
any moneys transferred from the State Lottery Fund to the |
Common School Fund shall be supplemental to, and not in lieu |
of, any other money due to be transferred to the Common School |
Fund by law or appropriation. |
(Source: P.A. 101-81, eff. 7-12-19; 101-561, eff. 8-23-19; |
102-558, eff. 8-20-21.)
|
(20 ILCS 1605/7.12) |
(Section scheduled to be repealed on July 1, 2022) |
Sec. 7.12. Internet program. |
(a) The General Assembly finds that: |
(1) the consumer market in Illinois has changed since |
the creation of the Illinois State Lottery in 1974; |
(2) the Internet has become an integral part of |
everyday life for a significant number of Illinois |
residents not only in regards to their professional life, |
but also in regards to personal business and |
communication; and |
|
(3) the current practices of selling lottery tickets |
does not appeal to the new form of market participants who |
prefer to make purchases on the Internet at their own |
convenience. |
It is the intent of the General Assembly to create an |
Internet program for the sale of lottery tickets to capture |
this new form of market participant. |
(b) The Department shall create a program that allows an |
individual 18 years of age or older to purchase lottery |
tickets or shares on the Internet without using a Lottery |
retailer with on-line status, as those terms are defined by |
rule. The Department shall restrict the sale of lottery |
tickets on the Internet to transactions initiated and received |
or otherwise made exclusively within the State of Illinois. |
The Department shall adopt rules necessary for the |
administration of this program. These rules shall include, |
among other things, requirements for marketing of the Lottery |
to infrequent players, as well as limitations on the purchases |
that may be made through any one individual's lottery account. |
The provisions of this Act and the rules adopted under this Act |
shall apply to the sale of lottery tickets or shares under this |
program. |
The Department is obligated to implement the program set |
forth in this Section and Sections 7.15 and 7.16. The |
Department may offer Lotto, Lucky Day Lotto, Mega Millions, |
Powerball, Pick 3, Pick 4, and other draw games that are |
|
offered at retail locations through the Internet program. The |
private manager shall obtain the Director's approval before |
providing any draw games. Any draw game tickets that are |
approved for sale by lottery licensees are automatically |
approved for sale through the Internet program. The Department |
shall maintain responsible gaming controls in its policies. |
The Department shall authorize the private manager to |
implement and administer the program pursuant to the |
management agreement entered into under Section 9.1 and in a |
manner consistent with the provisions of this Section. If a |
private manager has not been selected pursuant to Section 9.1 |
at the time the Department is obligated to implement the |
program, then the Department shall not proceed with the |
program until after the selection of the private manager, at |
which time the Department shall authorize the private manager |
to implement and administer the program pursuant to the |
management agreement entered into under Section 9.1 and in a |
manner consistent with the provisions of this Section. |
Nothing in this Section shall be construed as prohibiting |
the Department from implementing and operating a website |
portal whereby individuals who are 18 years of age or older |
with an Illinois mailing address may apply to purchase lottery |
tickets via subscription. Nothing in this Section shall also |
be construed as prohibiting the Lottery draw game tickets |
authorized for sale through the Internet program under this |
Section from also continuing to be sold at retail locations by |
|
a lottery licensee pursuant to the Department's rules. |
(c) (Blank). |
(d) This Section is repealed on July 1, 2025 2022 . |
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; |
101-35, eff. 6-28-19.) |
(20 ILCS 1605/9.1) |
Sec. 9.1. Private manager and management agreement. |
(a) As used in this Section: |
"Offeror" means a person or group of persons that responds |
to a request for qualifications under this Section. |
"Request for qualifications" means all materials and |
documents prepared by the Department to solicit the following |
from offerors: |
(1) Statements of qualifications. |
(2) Proposals to enter into a management agreement, |
including the identity of any prospective vendor or |
vendors that the offeror intends to initially engage to |
assist the offeror in performing its obligations under the |
management agreement. |
"Final offer" means the last proposal submitted by an |
offeror in response to the request for qualifications, |
including the identity of any prospective vendor or vendors |
that the offeror intends to initially engage to assist the |
offeror in performing its obligations under the management |
agreement. |
|
"Final offeror" means the offeror ultimately selected by |
the Governor to be the private manager for the Lottery under |
subsection (h) of this Section. |
(b) By September 15, 2010, the Governor shall select a |
private manager for the total management of the Lottery with |
integrated functions, such as lottery game design, supply of |
goods and services, and advertising and as specified in this |
Section. |
(c) Pursuant to the terms of this subsection, the |
Department shall endeavor to expeditiously terminate the |
existing contracts in support of the Lottery in effect on July |
13, 2009 (the effective date of Public Act 96-37) in |
connection with the selection of the private manager. As part |
of its obligation to terminate these contracts and select the |
private manager, the Department shall establish a mutually |
agreeable timetable to transfer the functions of existing |
contractors to the private manager so that existing Lottery |
operations are not materially diminished or impaired during |
the transition. To that end, the Department shall do the |
following: |
(1) where such contracts contain a provision |
authorizing termination upon notice, the Department shall |
provide notice of termination to occur upon the mutually |
agreed timetable for transfer of functions; |
(2) upon the expiration of any initial term or renewal |
term of the current Lottery contracts, the Department |
|
shall not renew such contract for a term extending beyond |
the mutually agreed timetable for transfer of functions; |
or |
(3) in the event any current contract provides for |
termination of that contract upon the implementation of a |
contract with the private manager, the Department shall |
perform all necessary actions to terminate the contract on |
the date that coincides with the mutually agreed timetable |
for transfer of functions. |
If the contracts to support the current operation of the |
Lottery in effect on July 13, 2009 (the effective date of |
Public Act 96-34) are not subject to termination as provided |
for in this subsection (c), then the Department may include a |
provision in the contract with the private manager specifying |
a mutually agreeable methodology for incorporation. |
(c-5) The Department shall include provisions in the |
management agreement whereby the private manager shall, for a |
fee, and pursuant to a contract negotiated with the Department |
(the "Employee Use Contract"), utilize the services of current |
Department employees to assist in the administration and |
operation of the Lottery. The Department shall be the employer |
of all such bargaining unit employees assigned to perform such |
work for the private manager, and such employees shall be |
State employees, as defined by the Personnel Code. Department |
employees shall operate under the same employment policies, |
rules, regulations, and procedures, as other employees of the |
|
Department. In addition, neither historical representation |
rights under the Illinois Public Labor Relations Act, nor |
existing collective bargaining agreements, shall be disturbed |
by the management agreement with the private manager for the |
management of the Lottery. |
(d) The management agreement with the private manager |
shall include all of the following: |
(1) A term not to exceed 10 years, including any |
renewals. |
(2) A provision specifying that the Department: |
(A) shall exercise actual control over all |
significant business decisions; |
(A-5) has the authority to direct or countermand |
operating decisions by the private manager at any |
time; |
(B) has ready access at any time to information |
regarding Lottery operations; |
(C) has the right to demand and receive |
information from the private manager concerning any |
aspect of the Lottery operations at any time; and |
(D) retains ownership of all trade names, |
trademarks, and intellectual property associated with |
the Lottery. |
(3) A provision imposing an affirmative duty on the |
private manager to provide the Department with material |
information and with any information the private manager |
|
reasonably believes the Department would want to know to |
enable the Department to conduct the Lottery. |
(4) A provision requiring the private manager to |
provide the Department with advance notice of any |
operating decision that bears significantly on the public |
interest, including, but not limited to, decisions on the |
kinds of games to be offered to the public and decisions |
affecting the relative risk and reward of the games being |
offered, so the Department has a reasonable opportunity to |
evaluate and countermand that decision. |
(5) A provision providing for compensation of the |
private manager that may consist of, among other things, a |
fee for services and a performance based bonus as |
consideration for managing the Lottery, including terms |
that may provide the private manager with an increase in |
compensation if Lottery revenues grow by a specified |
percentage in a given year. |
(6) (Blank). |
(7) A provision requiring the deposit of all Lottery |
proceeds to be deposited into the State Lottery Fund |
except as otherwise provided in Section 20 of this Act. |
(8) A provision requiring the private manager to |
locate its principal office within the State. |
(8-5) A provision encouraging that at least 20% of the |
cost of contracts entered into for goods and services by |
the private manager in connection with its management of |
|
the Lottery, other than contracts with sales agents or |
technical advisors, be awarded to businesses that are a |
minority-owned business, a women-owned business, or a |
business owned by a person with disability, as those terms |
are defined in the Business Enterprise for Minorities, |
Women, and Persons with Disabilities Act. |
(9) A requirement that so long as the private manager |
complies with all the conditions of the agreement under |
the oversight of the Department, the private manager shall |
have the following duties and obligations with respect to |
the management of the Lottery: |
(A) The right to use equipment and other assets |
used in the operation of the Lottery. |
(B) The rights and obligations under contracts |
with retailers and vendors. |
(C) The implementation of a comprehensive security |
program by the private manager. |
(D) The implementation of a comprehensive system |
of internal audits. |
(E) The implementation of a program by the private |
manager to curb compulsive gambling by persons playing |
the Lottery. |
(F) A system for determining (i) the type of |
Lottery games, (ii) the method of selecting winning |
tickets, (iii) the manner of payment of prizes to |
holders of winning tickets, (iv) the frequency of |
|
drawings of winning tickets, (v) the method to be used |
in selling tickets, (vi) a system for verifying the |
validity of tickets claimed to be winning tickets, |
(vii) the basis upon which retailer commissions are |
established by the manager, and (viii) minimum |
payouts. |
(10) A requirement that advertising and promotion must |
be consistent with Section 7.8a of this Act. |
(11) A requirement that the private manager market the |
Lottery to those residents who are new, infrequent, or |
lapsed players of the Lottery, especially those who are |
most likely to make regular purchases on the Internet as |
permitted by law. |
(12) A code of ethics for the private manager's |
officers and employees. |
(13) A requirement that the Department monitor and |
oversee the private manager's practices and take action |
that the Department considers appropriate to ensure that |
the private manager is in compliance with the terms of the |
management agreement, while allowing the manager, unless |
specifically prohibited by law or the management |
agreement, to negotiate and sign its own contracts with |
vendors. |
(14) A provision requiring the private manager to |
periodically file, at least on an annual basis, |
appropriate financial statements in a form and manner |
|
acceptable to the Department. |
(15) Cash reserves requirements. |
(16) Procedural requirements for obtaining the prior |
approval of the Department when a management agreement or |
an interest in a management agreement is sold, assigned, |
transferred, or pledged as collateral to secure financing. |
(17) Grounds for the termination of the management |
agreement by the Department or the private manager. |
(18) Procedures for amendment of the agreement. |
(19) A provision requiring the private manager to |
engage in an open and competitive bidding process for any |
procurement having a cost in excess of $50,000 that is not |
a part of the private manager's final offer. The process |
shall favor the selection of a vendor deemed to have |
submitted a proposal that provides the Lottery with the |
best overall value. The process shall not be subject to |
the provisions of the Illinois Procurement Code, unless |
specifically required by the management agreement. |
(20) The transition of rights and obligations, |
including any associated equipment or other assets used in |
the operation of the Lottery, from the manager to any |
successor manager of the lottery, including the |
Department, following the termination of or foreclosure |
upon the management agreement. |
(21) Right of use of copyrights, trademarks, and |
service marks held by the Department in the name of the |
|
State. The agreement must provide that any use of them by |
the manager shall only be for the purpose of fulfilling |
its obligations under the management agreement during the |
term of the agreement. |
(22) The disclosure of any information requested by |
the Department to enable it to comply with the reporting |
requirements and information requests provided for under |
subsection (p) of this Section. |
(e) Notwithstanding any other law to the contrary, the |
Department shall select a private manager through a |
competitive request for qualifications process consistent with |
Section 20-35 of the Illinois Procurement Code, which shall |
take into account: |
(1) the offeror's ability to market the Lottery to |
those residents who are new, infrequent, or lapsed players |
of the Lottery, especially those who are most likely to |
make regular purchases on the Internet; |
(2) the offeror's ability to address the State's |
concern with the social effects of gambling on those who |
can least afford to do so; |
(3) the offeror's ability to provide the most |
successful management of the Lottery for the benefit of |
the people of the State based on current and past business |
practices or plans of the offeror; and |
(4) the offeror's poor or inadequate past performance |
in servicing, equipping, operating or managing a lottery |
|
on behalf of Illinois, another State or foreign government |
and attracting persons who are not currently regular |
players of a lottery. |
(f) The Department may retain the services of an advisor |
or advisors with significant experience in financial services |
or the management, operation, and procurement of goods, |
services, and equipment for a government-run lottery to assist |
in the preparation of the terms of the request for |
qualifications and selection of the private manager. Any |
prospective advisor seeking to provide services under this |
subsection (f) shall disclose any material business or |
financial relationship during the past 3 years with any |
potential offeror, or with a contractor or subcontractor |
presently providing goods, services, or equipment to the |
Department to support the Lottery. The Department shall |
evaluate the material business or financial relationship of |
each prospective advisor. The Department shall not select any |
prospective advisor with a substantial business or financial |
relationship that the Department deems to impair the |
objectivity of the services to be provided by the prospective |
advisor. During the course of the advisor's engagement by the |
Department, and for a period of one year thereafter, the |
advisor shall not enter into any business or financial |
relationship with any offeror or any vendor identified to |
assist an offeror in performing its obligations under the |
management agreement. Any advisor retained by the Department |
|
shall be disqualified from being an offeror.
The Department |
shall not include terms in the request for qualifications that |
provide a material advantage whether directly or indirectly to |
any potential offeror, or any contractor or subcontractor |
presently providing goods, services, or equipment to the |
Department to support the Lottery, including terms contained |
in previous responses to requests for proposals or |
qualifications submitted to Illinois, another State or foreign |
government when those terms are uniquely associated with a |
particular potential offeror, contractor, or subcontractor. |
The request for proposals offered by the Department on |
December 22, 2008 as "LOT08GAMESYS" and reference number |
"22016176" is declared void. |
(g) The Department shall select at least 2 offerors as |
finalists to potentially serve as the private manager no later |
than August 9, 2010. Upon making preliminary selections, the |
Department shall schedule a public hearing on the finalists' |
proposals and provide public notice of the hearing at least 7 |
calendar days before the hearing. The notice must include all |
of the following: |
(1) The date, time, and place of the hearing. |
(2) The subject matter of the hearing. |
(3) A brief description of the management agreement to |
be awarded. |
(4) The identity of the offerors that have been |
selected as finalists to serve as the private manager. |
|
(5) The address and telephone number of the |
Department. |
(h) At the public hearing, the Department shall (i) |
provide sufficient time for each finalist to present and |
explain its proposal to the Department and the Governor or the |
Governor's designee, including an opportunity to respond to |
questions posed by the Department, Governor, or designee and |
(ii) allow the public and non-selected offerors to comment on |
the presentations. The Governor or a designee shall attend the |
public hearing. After the public hearing, the Department shall |
have 14 calendar days to recommend to the Governor whether a |
management agreement should be entered into with a particular |
finalist. After reviewing the Department's recommendation, the |
Governor may accept or reject the Department's recommendation, |
and shall select a final offeror as the private manager by |
publication of a notice in the Illinois Procurement Bulletin |
on or before September 15, 2010. The Governor shall include in |
the notice a detailed explanation and the reasons why the |
final offeror is superior to other offerors and will provide |
management services in a manner that best achieves the |
objectives of this Section. The Governor shall also sign the |
management agreement with the private manager. |
(i) Any action to contest the private manager selected by |
the Governor under this Section must be brought within 7 |
calendar days after the publication of the notice of the |
designation of the private manager as provided in subsection |
|
(h) of this Section. |
(j) The Lottery shall remain, for so long as a private |
manager manages the Lottery in accordance with provisions of |
this Act, a Lottery conducted by the State, and the State shall |
not be authorized to sell or transfer the Lottery to a third |
party. |
(k) Any tangible personal property used exclusively in |
connection with the lottery that is owned by the Department |
and leased to the private manager shall be owned by the |
Department in the name of the State and shall be considered to |
be public property devoted to an essential public and |
governmental function. |
(l) The Department may exercise any of its powers under |
this Section or any other law as necessary or desirable for the |
execution of the Department's powers under this Section. |
(m) Neither this Section nor any management agreement |
entered into under this Section prohibits the General Assembly |
from authorizing forms of gambling that are not in direct |
competition with the Lottery. The forms of gambling authorized |
by Public Act 101-31 constitute authorized forms of gambling |
that are not in direct competition with the Lottery. |
(n) The private manager shall be subject to a complete |
investigation in the third, seventh, and tenth years of the |
agreement (if the agreement is for a 10-year term) by the |
Department in cooperation with the Auditor General to |
determine whether the private manager has complied with this |
|
Section and the management agreement. The private manager |
shall bear the cost of an investigation or reinvestigation of |
the private manager under this subsection. |
(o) The powers conferred by this Section are in addition |
and supplemental to the powers conferred by any other law. If |
any other law or rule is inconsistent with this Section, |
including, but not limited to, provisions of the Illinois |
Procurement Code, then this Section controls as to any |
management agreement entered into under this Section. This |
Section and any rules adopted under this Section contain full |
and complete authority for a management agreement between the |
Department and a private manager. No law, procedure, |
proceeding, publication, notice, consent, approval, order, or |
act by the Department or any other officer, Department, |
agency, or instrumentality of the State or any political |
subdivision is required for the Department to enter into a |
management agreement under this Section. This Section contains |
full and complete authority for the Department to approve any |
contracts entered into by a private manager with a vendor |
providing goods, services, or both goods and services to the |
private manager under the terms of the management agreement, |
including subcontractors of such vendors. |
Upon receipt of a written request from the Chief |
Procurement Officer, the Department shall provide to the Chief |
Procurement Officer a complete and un-redacted copy of the |
management agreement or any contract that is subject to the |
|
Department's approval authority under this subsection (o). The |
Department shall provide a copy of the agreement or contract |
to the Chief Procurement Officer in the time specified by the |
Chief Procurement Officer in his or her written request, but |
no later than 5 business days after the request is received by |
the Department. The Chief Procurement Officer must retain any |
portions of the management agreement or of any contract |
designated by the Department as confidential, proprietary, or |
trade secret information in complete confidence pursuant to |
subsection (g) of Section 7 of the Freedom of Information Act. |
The Department shall also provide the Chief Procurement |
Officer with reasonable advance written notice of any contract |
that is pending Department approval. |
Notwithstanding any other provision of this Section to the |
contrary, the Chief Procurement Officer shall adopt |
administrative rules, including emergency rules, to establish |
a procurement process to select a successor private manager if |
a private management agreement has been terminated. The |
selection process shall at a minimum take into account the |
criteria set forth in items (1) through (4) of subsection (e) |
of this Section and may include provisions consistent with |
subsections (f), (g), (h), and (i) of this Section. The Chief |
Procurement Officer shall also implement and administer the |
adopted selection process upon the termination of a private |
management agreement. The Department, after the Chief |
Procurement Officer certifies that the procurement process has |
|
been followed in accordance with the rules adopted under this |
subsection (o), shall select a final offeror as the private |
manager and sign the management agreement with the private |
manager. |
Through June 30, 2022, except Except as provided in |
Sections 21.5, 21.6, 21.7, 21.8, 21.9, 21.10, 21.11, 21.12, |
and 21.13 of this Act and Section 25-70 of the Sports Wagering |
Act , the Department shall distribute all proceeds of lottery |
tickets and shares sold in the following priority and manner: |
(1) The payment of prizes and retailer bonuses. |
(2) The payment of costs incurred in the operation and |
administration of the Lottery, including the payment of |
sums due to the private manager under the management |
agreement with the Department. |
(3) On the last day of each month or as soon thereafter |
as possible, the State Comptroller shall direct and the |
State Treasurer shall transfer from the State Lottery Fund |
to the Common School Fund an amount that is equal to the |
proceeds transferred in the corresponding month of fiscal |
year 2009, as adjusted for inflation, to the Common School |
Fund. |
(4) On or before September 30 of each fiscal year, |
deposit any estimated remaining proceeds from the prior |
fiscal year , subject to payments under items (1), (2), and |
(3), into the Capital Projects Fund . Beginning in fiscal |
year 2019, the amount deposited shall be increased or |
|
decreased each year by the amount the estimated payment |
differs from the amount determined from each year-end |
financial audit. Only remaining net deficits from prior |
fiscal years may reduce the requirement to deposit these |
funds, as determined by the annual financial audit. |
Beginning July 1, 2022, the Department shall distribute |
all proceeds of lottery tickets and shares sold in the manner |
and priority described in Section 9.3 of this Act. |
(p) The Department shall be subject to the following |
reporting and information request requirements: |
(1) the Department shall submit written quarterly |
reports to the Governor and the General Assembly on the |
activities and actions of the private manager selected |
under this Section; |
(2) upon request of the Chief Procurement Officer, the |
Department shall promptly produce information related to |
the procurement activities of the Department and the |
private manager requested by the Chief Procurement |
Officer; the Chief Procurement Officer must retain |
confidential, proprietary, or trade secret information |
designated by the Department in complete confidence |
pursuant to subsection (g) of Section 7 of the Freedom of |
Information Act; and |
(3) at least 30 days prior to the beginning of the |
Department's fiscal year, the Department shall prepare an |
annual written report on the activities of the private |
|
manager selected under this Section and deliver that |
report to the Governor and General Assembly. |
(Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19; |
101-561, eff. 8-23-19; 102-558, eff. 8-20-21.) |
(20 ILCS 1605/9.2 new) |
Sec. 9.2. Reconciliation of Fiscal Year 2017 through |
Fiscal Year 2022 annual net lottery proceeds. |
(a) The Office of the Auditor General concluded in the |
Department's annual fiscal year audits for Fiscal Year 2017, |
Fiscal Year 2018, Fiscal Year 2019, Fiscal Year 2020, and |
Fiscal Year 2021 that annual net lottery proceeds from the |
State Lottery Fund to the Common School Fund exceeded the |
annual net lottery proceeds available to transfer as described |
in subsection (o) of Section 9.1. The excess transfers to the |
Common School Fund during those fiscal years resulted in |
transfers of annual net lottery proceeds to the Capital |
Projects Fund as required by paragraph (4) of subsection (o) |
of Section 9.1 not being sent. The Department had no statutory |
authority to offset future transfers as described in paragraph |
(4) of subsection (a) of Section 9.3 during Fiscal Year 2017, |
Fiscal Year 2018, Fiscal Year 2019, Fiscal Year 2020, or |
Fiscal Year 2021 to reconcile the discrepancies. |
(b) The Department is hereby authorized to reconcile the |
discrepancies occurring in Fiscal Year 2017, Fiscal Year 2018, |
Fiscal Year 2019, Fiscal Year 2020, and Fiscal Year 2021 as |
|
reported by the Office of the Auditor General. The Department |
shall accomplish this reconciliation by offsetting its monthly |
transfers to the Common School Fund to recover the resulting |
cash deficit in the State Lottery Fund and separately |
transferring the deficient amounts owed to the Capital |
Projects Fund. All offsets and transfers shall be done in |
accordance with Generally Accepted Accounting Principles for |
government entities. The Department shall determine, in |
coordination with the Governor's Office of Management and |
Budget, an appropriate schedule for the offsets and transfers. |
All offsets and transfers shall be completed no later than |
June 30, 2023. |
(c) The Department is also authorized to reconcile any |
discrepancies that may occur in Fiscal Year 2022, if the |
annual net lottery proceeds transferred from the State Lottery |
Fund to the Common School Fund exceed the annual net lottery |
proceeds available to transfer. The Department shall determine |
whether there were any excess transfers by June 30, 2023. The |
Department shall reconcile any discrepancies by offsetting its |
monthly transfers to the Common School Fund to recover the |
resulting cash deficit in the State Lottery Fund and |
separately transferring the deficient amounts owed to the |
Capital Projects Fund. All offsets and transfers shall be done |
in accordance with Generally Accepted Accounting principles. |
All offsets and transfers for Fiscal Year 2022 discrepancies |
shall be completed no later than June 30, 2024. |
|
(d) This Section is repealed on January 1, 2025. |
(20 ILCS 1605/9.3 new) |
Sec. 9.3. Expenditure and distribution of lottery |
proceeds. |
(a) Beginning July 1, 2022, except as provided in Sections |
21.5, 21.6, 21.7, 21.8, 21.9, 21.10, 21.11, 21.12, and 21.13 |
of this Act and Section 25-70 of the Sports Wagering Act, the |
Department shall distribute all proceeds of lottery tickets |
and shares sold in the following priority and manner: |
(1) The payment of prizes and retailer bonuses. |
(2) The payment of costs incurred in the operation and |
administration of the Lottery, including the payment of |
sums due to the private manager under the management |
agreement with the Department and including costs of |
administering the Lottery sports wagering program pursuant |
to Section 25-70 of the Sports Wagering Act. |
(3) On the last day of each month or as soon thereafter |
as possible, the State Comptroller shall direct and the |
State Treasurer shall transfer from the State Lottery Fund |
to the Common School Fund the Department's estimate of net |
lottery proceeds. |
(4) If an amount in excess of the annual net lottery |
proceeds is transferred for a fiscal year, then the |
Department shall offset the monthly transfers of estimated |
net lottery proceeds during the following fiscal year by |
|
that excess amount. If an amount less than the annual net |
lottery proceeds is transferred for a fiscal year, then |
after the related annual fiscal year audit is completed |
following such fiscal year, the Department shall direct |
the deposit of any remaining annual net lottery proceeds |
from such fiscal year, subject to payments under |
paragraphs (1) and (2), into the Common School Fund as |
soon thereafter as possible. |
(b) The net lottery proceeds shall be determined by |
deducting from total annual lottery proceeds the expenditures |
required by paragraphs (1) and (2) of subsection (a). The |
total annual lottery proceeds and annual net lottery proceeds |
shall be determined according to generally accepted accounting |
principles for governmental entities and verified by an annual |
fiscal year audit. |
Section 5-27. The Department of Public Health Powers and |
Duties Law of the
Civil Administrative Code of Illinois is |
amended by adding Section 2310-50.10 as follows: |
(20 ILCS 2310/2310-50.10 new) |
Sec. 2310-50.10. Coordination with outside entities for |
grants management. To utilize the services of, and enter into |
necessary agreements with, outside entities for the purpose of |
evaluating grant applications and administration of or |
monitoring compliance with grant agreements. Contracts |
|
pursuant to this subsection shall not exceed 2 years in |
length. |
Section 5-30. The Illinois Council on Developmental |
Disabilities Law is amended by changing Section 2003 as |
follows:
|
(20 ILCS 4010/2003) (from Ch. 91 1/2, par. 1953)
|
Sec. 2003. Council. The Illinois Council on
Developmental |
Disabilities is hereby created as an executive agency of
State |
government.
The Council shall be composed of 29 members,
|
governed by a chairperson, and headed by a director.
The |
functions of the council
shall be as prescribed in Chapter 75 |
of Title 42 of the United States Code
(42 U.S.C. 6000, et |
seq.), as now or hereafter amended, and in Section 2006
of this |
Article.
|
The Council shall receive and disburse funds authorized |
under Chapter 75
of Title 42 of the United States Code (42 |
U.S.C. 6000, et seq.), as now or
hereafter amended. The |
Council may also receive funds from any source, public or |
private, to be used for the purposes authorized by this Act or |
otherwise authorized by law.
|
(Source: P.A. 91-798, eff. 7-9-00.)
|
Section 5-33. The General Assembly Compensation Act is |
amended by changing Section 4 as follows: |
|
(25 ILCS 115/4) (from Ch. 63, par. 15.1)
|
Sec. 4. Office allowance. Beginning July 1, 2001 and |
through July 1, 2020, each member
of the House
of |
Representatives is authorized to approve the expenditure of |
not more than
$61,000 per year and each member of the
Senate is |
authorized to approve the
expenditure of not more than $73,000 |
per
year to pay for "personal services",
"contractual |
services", "commodities", "printing", "travel",
"operation of |
automotive equipment", "telecommunications services", as
|
defined in the State Finance Act, and the compensation of one |
or more
legislative assistants authorized pursuant to this |
Section, in connection
with his or her legislative duties and |
not in connection with any political
campaign.
On July 1, 2002 |
and on July 1 of each year thereafter, the amount authorized
|
per year under this Section for each member of the Senate and |
each member of
the House of Representatives shall be increased |
by a percentage increase
equivalent to the lesser of (i) the |
increase in the designated cost of living
index or (ii) 5%. The |
designated cost of living index is the index known as
the |
"Employment Cost Index, Wages and Salaries, By
Occupation and |
Industry Groups: State and Local Government Workers: Public
|
Administration" as published by the Bureau of Labor Statistics |
of the U.S.
Department of Labor for the calendar year |
immediately preceding the year of the
respective July 1st |
increase date. The increase shall be added to the then
current |
|
amount, and the adjusted amount so determined shall be the |
annual
amount beginning July 1 of the increase year until July |
1 of the next year. No
increase under this provision shall be |
less than zero.
|
Beginning July 1, 2021, each member of the House of |
Representatives is authorized to approve the expenditure of |
not more than $179,000 per year and each member of the Senate |
is authorized to approve the expenditure of not more than |
$214,000 per year to pay for "personal services", "contractual |
services", "commodities", "printing", "travel", "operation of |
automotive equipment", "telecommunications services", as |
defined in the State Finance Act, and the compensation of one |
or more legislative assistants authorized pursuant to this |
Section, in connection with his or her legislative duties and |
not in connection with any political campaign. On July 1, 2022 |
and on July 1 of each year thereafter, the amount authorized |
per year under this Section for each member of the Senate and |
each member of the House of Representatives shall be increased |
by a percentage increase equivalent to the lesser of (i) the |
increase in the designated cost of living index or (ii) 5%. The |
designated cost of living index is the index known as the |
"Employment Cost Index, Wages and Salaries, By Occupation and |
Industry Groups: State and Local Government Workers: Public |
Administration" as published by the Bureau of Labor Statistics |
of the U.S. Department of Labor for the calendar year |
immediately preceding the year of the respective July 1st |
|
increase date. The increase shall be added to the then current |
amount, and the adjusted amount so determined shall be the |
annual amount beginning July 1 of the increase year until July |
1 of the next year. No increase under this provision shall be |
less than zero.
|
A member may purchase office equipment if the member |
certifies
to the Secretary of the Senate or the Clerk of the |
House, as applicable,
that the purchase price, whether paid in |
lump sum or installments, amounts
to less than would be |
charged for renting or leasing the equipment over
its |
anticipated useful life. All such equipment must be purchased |
through
the Secretary of the Senate or the Clerk of the House, |
as applicable, for
proper identification and verification of |
purchase.
|
Each member of the General Assembly is authorized to |
employ one or more
legislative assistants, who shall be solely |
under the direction and control
of that member, for the |
purpose of assisting the member in the performance
of his or |
her official duties. A legislative assistant may be employed
|
pursuant to this Section as a full-time employee, part-time |
employee, or
contractual employee, at
the discretion of the |
member. If employed as a State employee, a
legislative |
assistant shall receive employment benefits on the same terms
|
and conditions that apply to other employees of the General |
Assembly.
Each member shall adopt and implement personnel |
policies
for legislative assistants under his or her direction |
|
and
control relating to work time requirements, documentation |
for reimbursement for
travel on official State business, |
compensation, and the earning and accrual of
State benefits |
for those legislative assistants who may be eligible to |
receive
those benefits.
The policies shall also require |
legislative assistants to
periodically submit time sheets |
documenting, in quarter-hour increments, the
time
spent each |
day on official State business.
The
policies shall require the |
time sheets to be submitted on paper,
electronically, or both |
and to be maintained in either paper or electronic
format by |
the applicable fiscal office
for a period of at least 2 years.
|
Contractual employees may satisfy
the time sheets requirement |
by complying with the terms of their contract,
which shall |
provide for a means of compliance with this requirement.
A |
member may
satisfy the requirements of this paragraph by |
adopting and implementing the
personnel policies promulgated |
by that
member's legislative leader under the State Officials |
and Employees Ethics
Act
with respect to that member's |
legislative
assistants.
|
As used in this Section the term "personal services" shall |
include
contributions of the State under the Federal Insurance |
Contribution Act and
under Article 14 of the Illinois Pension |
Code. As used in this Section the
term "contractual services" |
shall not include improvements to real property
unless those |
improvements are the obligation of the lessee under the lease
|
agreement. Beginning July 1, 1989, as used in the Section, the |
|
term "travel"
shall be limited to travel in connection with a |
member's legislative duties and
not in connection with any |
political campaign. Beginning on the effective
date of this |
amendatory Act of the 93rd General Assembly, as
used
in this |
Section, the term "printing" includes, but is not limited to,
|
newsletters,
brochures, certificates,
congratulatory
|
mailings,
greeting or welcome messages, anniversary or
|
birthday cards, and congratulations for prominent achievement |
cards. As used
in this Section, the term "printing" includes |
fees for non-substantive
resolutions charged by the Clerk of |
the House of Representatives under
subsection (c-5) of Section |
1 of the Legislative Materials Act.
No newsletter or brochure |
that is paid for, in whole or in part, with
funds
provided |
under this Section may be printed or mailed during a period
|
beginning February 1 of the year of a general primary
|
election , except that in 2022 the period shall begin on May 15, |
2022, and ending the day after the general primary election |
and during a
period beginning September 1 of the year of a |
general election and ending the
day after the general |
election, except that such a newsletter or brochure may
be |
mailed during
those times if it is mailed to a constituent in |
response to that constituent's
inquiry concerning the needs of |
that constituent or questions raised by that
constituent.
The |
printing or mailing of any newsletter or brochure paid for, in |
whole or in part, with funds under this Section between |
February 1, 2022 and the effective date of this amendatory Act |
|
of the 102nd General Assembly shall not be considered a |
violation of this Section. Nothing in
this Section shall be |
construed to authorize expenditures for lodging and meals
|
while a member is in attendance at sessions of the General |
Assembly.
|
Any utility bill for service provided to a member's |
district office for
a period including portions of 2 |
consecutive fiscal years may be paid from
funds appropriated |
for such expenditure in either fiscal year.
|
If a vacancy occurs in the office of Senator or |
Representative in the General
Assembly, any office equipment |
in the possession of the vacating member
shall transfer to the |
member's successor; if the successor does not want
such |
equipment, it shall be transferred to the Secretary of the |
Senate or
Clerk of the House of Representatives, as the case |
may be, and if not
wanted by other members of the General |
Assembly then to the Department of
Central Management Services |
for treatment as surplus property under the
State Property |
Control Act. Each member, on or before June 30th of each
year, |
shall conduct an inventory of all equipment purchased pursuant |
to
this Act. Such inventory shall be filed with the Secretary |
of the Senate
or the Clerk of the House, as the case may be. |
Whenever a vacancy occurs,
the Secretary of the Senate or the |
Clerk of the House, as the case may be,
shall conduct an |
inventory of equipment purchased.
|
In the event that a member leaves office during his or her |
|
term, any
unexpended or unobligated portion of the allowance |
granted under this Section
shall lapse. The vacating member's |
successor shall be granted an allowance
in an amount, rounded |
to the nearest dollar, computed by dividing the annual
|
allowance by 365 and multiplying the quotient by the number of |
days remaining
in the fiscal year.
|
From any appropriation for the purposes of this Section |
for a
fiscal year which overlaps 2 General Assemblies, no more |
than 1/2 of the
annual allowance per member may be spent or |
encumbered by any member of
either the outgoing or incoming |
General Assembly, except that any member
of the incoming |
General Assembly who was a member of the outgoing General
|
Assembly may encumber or spend any portion of his annual |
allowance within
the fiscal year.
|
The appropriation for the annual allowances permitted by |
this Section
shall be included in an appropriation to the |
President of the Senate and to
the Speaker of the House of |
Representatives for their respective members.
The President of |
the Senate and the Speaker of the House shall voucher for
|
payment individual members' expenditures from their annual |
office
allowances to the State Comptroller, subject to the |
authority of the
Comptroller under Section 9 of the State |
Comptroller Act.
|
Nothing in this Section prohibits the expenditure of |
personal funds or the funds of a political committee |
controlled by an officeholder to defray the customary and |
|
reasonable expenses of an officeholder in connection with the |
performance of governmental and public service functions. |
(Source: P.A. 102-16, eff. 6-17-21.)
|
Section 5-34. The Legislative Commission Reorganization |
Act of 1984 is amended by changing Sections 8A-15, 8A-20, and |
8A-30 and by adding Section 8A-37 as follows: |
(25 ILCS 130/8A-15)
|
Sec. 8A-15. Master plan. |
(a) The term "legislative complex" means (i) the buildings |
and facilities
located in Springfield, Illinois, and occupied |
in whole or in part by the
General Assembly or any of its |
support service agencies, (ii) the grounds,
walkways, and |
pedestrian or utility tunnels surrounding or connected to |
those buildings and
facilities, and (iii) the off-street |
parking areas serving those buildings and
facilities , |
including parking lots D, DD, E, F, G, H, O, M, N, R, S, and |
the legislative parking garage located under parking lot O .
|
(b) The Architect of the Capitol shall prepare and |
implement a long-range
master plan of development for the |
State Capitol Building, the remaining
portions of the |
legislative complex, and the land and State buildings and |
facilities within the area bounded by Washington, Third, Cook, |
and Walnut Pasfield Streets and the land and State buildings |
and facilities within the area bounded by Madison, Klein, |
|
Mason, and Rutledge Streets that addresses the
improvement, |
construction, historic preservation, restoration, |
maintenance,
repair, and landscaping needs of these State |
buildings and facilities and the land. The Architect of the
|
Capitol shall submit the master plan to the Capitol Historic |
Preservation Board
for its review and comment. The Board must |
confine its review and comment to
those portions of the master |
plan that relate to areas other than the State Capitol |
Building. The Architect may incorporate
suggestions of the
|
Board into the master plan. The master plan must be submitted |
to and approved
by the Board of the Office of the Architect of |
the Capitol before its
implementation.
|
The Architect of the Capitol may change the master plan |
and shall submit
changes in the master plan that relate to |
areas
other than the State Capitol Building to the Capitol |
Historic Preservation
Board for its
review and comment. All |
changes in the master plan must be submitted to and
approved by |
the Board of the Office of the Architect of the Capitol
before |
implementation.
|
(c) The Architect of the Capitol must review the master |
plan every 5 years
or at the direction of the Board of the |
Office of the Architect of the Capitol.
Changes in the master |
plan resulting from this review must be made in
accordance |
with the procedure provided in subsection (b).
|
(d) Notwithstanding any other law to the contrary, the |
Architect of the
Capitol has the sole authority to contract |
|
for all
materials and services necessary for the |
implementation of the master plan.
The
Architect (i) may |
comply with the procedures established by the Joint Committee
|
on Legislative Support Services under Section 1-4 or (ii) upon |
approval of the
Board of the Office of the Architect of the |
Capitol, may, but is not required
to,
comply with a portion or |
all of the Illinois Procurement Code when entering
into |
contracts under this subsection. The Architect's compliance |
with the
Illinois Procurement Code shall not be construed to |
subject the Architect or
any other entity of the legislative |
branch to the Illinois Procurement Code
with respect to any |
other contract.
|
The Architect may enter into agreements with other State |
agencies for the
provision of materials or performance of |
services necessary for the
implementation of the master plan.
|
State officers and agencies providing normal, day-to-day |
repair,
maintenance, or
landscaping or providing security, |
commissary, utility, parking, banking, tour
guide, event |
scheduling, or other operational services for buildings and
|
facilities within the legislative complex
immediately prior
to |
the effective date of this amendatory Act of the 93rd General |
Assembly shall
continue
to provide that normal, day-to-day |
repair, maintenance, or landscaping or those
services on the
|
same
basis, whether by contract or employees, that the repair, |
maintenance,
landscaping, or services were
provided |
immediately prior to the effective date of this amendatory Act |
|
of the
93rd
General Assembly, subject to the provisions of the |
master plan and with the approval of or as otherwise
directed |
by the Architect of the Capitol.
|
(e) The Architect of the Capitol shall monitor and approve |
all construction, preservation,
restoration, maintenance, |
repair, and landscaping work in the legislative
complex and |
implementation of the master plan, as well as activities that |
alter the historic integrity of the
legislative complex and |
the other land and State buildings and facilities in the |
master plan.
|
(f) The Architect of the Capitol shall be given notice of |
any bid for or contract of services related to the legislative |
complex. Prior to final execution of any contract for |
services, the Architect of the Capitol shall be given an |
opportunity to review and approve the contract and give any |
necessary input. As used in this subsection, "services" means |
any maintenance, removal of refuse, or delivery of utilities |
to the legislative complex. |
(Source: P.A. 98-692, eff. 7-1-14.) |
(25 ILCS 130/8A-20)
|
Sec. 8A-20. Legislative complex space Space allocation. |
The Architect of the Capitol has the power
and duty, subject to |
direction by the Board of the Office of the Architect of
the |
Capitol,
to make space allocations for the use of the General |
Assembly and its related
agencies , except the Supreme Court |
|
Building and the Fourth District Appellate Court Building .
|
This allocation of space includes, but is not limited to, |
office, conference, committee, and parking space.
|
(Source: P.A. 93-632, eff. 2-1-04.) |
(25 ILCS 130/8A-30)
|
Sec. 8A-30. Acquisition of land; contract review. The |
Architect of the
Capitol, upon the approval of the Board of the |
Office of the Architect of the
Capitol, may acquire
land in |
Springfield, Illinois, within the area bounded by Washington, |
Third,
Cook, and Walnut Pasfield Streets and the land and |
State buildings and facilities within the area bounded by |
Madison, Klein, Mason, and Rutledge Streets for the purpose of |
providing space for the operation
and expansion of the |
legislative complex or other State facilities. The
Architect |
of the Capitol must review and either approve or disapprove |
all
contracts for the repair, rehabilitation, construction, or |
alteration of all
State buildings within the bounded area, |
except the Supreme Court Building and
the Fourth District |
Appellate Court Building.
|
(Source: P.A. 93-632, eff. 2-1-04.) |
(25 ILCS 130/8A-37 new) |
Sec. 8A-37. General Assembly Technology Fund; |
appropriations. |
(a) The General Assembly Technology Fund is hereby |
|
established as a special fund in the State treasury. The Fund |
may accept deposits from the General Revenue Fund and any |
other source, whether private or public. Moneys in the fund |
may be used, subject to appropriation, by the President of the |
Senate, the Speaker of the House of Representatives, the |
Minority Leader of the Senate, and the Minority Leader of the |
House of Representatives for the purpose of meeting the |
technology-related needs of their respective offices and the |
General Assembly. |
(b) On July 1, 2022, the State Comptroller shall order |
transferred and the State Treasurer shall transfer $3,000,000 |
from the General Revenue Fund to the General Assembly |
Technology Fund. |
Section 5-35. The State Finance Act is amended by changing |
Sections 5.857, 6z-21, 6z-27, 6z-30, 6z-32, 6z-51, 6z-70, |
6z-77, 6z-81, 6z-100, 6z-121, 8.3, 8.6, 8.12, 8g-1, 13.2, |
24.2, and 25 and by adding Sections 5.970, 5.971, 5.972, |
5.973, 5.974, 5.975, 5.976, 6z-130, 6z-131, 6z-132, and 6z-133 |
as follows: |
(30 ILCS 105/5.857) |
(Section scheduled to be repealed on July 1, 2022) |
Sec. 5.857. The Capital Development Board Revolving Fund. |
This Section is repealed July 1, 2023 2022 .
|
(Source: P.A. 101-10, eff. 6-5-19; 101-645, eff. 6-26-20; |
|
Sec. 6z-21. Education Assistance Fund; transfers to and |
from the Education Assistance Fund. All monies deposited into |
the Education Assistance Fund, a
special fund in the State |
treasury which is hereby created, shall be
appropriated to |
provide financial assistance for elementary and secondary
|
education programs including, among others, distributions |
under Sections Section
18-19 and 29-5 of the The School Code, |
and for higher education programs , including, among others, |
the Monetary Award Program under Section 35 of the Higher |
Education Student Assistance Act . During fiscal years 2012 and |
2013 only, the State Comptroller may order transferred and the |
State Treasurer may transfer from the General Revenue Fund to |
the Education Assistance Fund, or the State Comptroller may |
order transferred and the State Treasurer may transfer from |
the Education Assistance Fund to the General Revenue Fund, |
such amounts as may be required to honor the vouchers |
presented by the State Universities Retirement System, by a |
public institution of higher education, as defined in Section |
1 of the Board of Higher Education Act, or by the State Board |
of Education pursuant to Sections 18-3, 18-4.3, 18-5, 18-6, |
and 18-7 of the School Code.
|
(Source: P.A. 97-732, eff. 6-30-12.)
|
(30 ILCS 105/6z-27)
|
Sec. 6z-27. All moneys in the Audit Expense Fund shall be
|
transferred, appropriated and used only for the purposes |
|
authorized by, and
subject to the limitations and conditions |
prescribed by, the State Auditing
Act. |
Within 30 days after July 1, 2022, or as soon thereafter as |
practical the effective date of this amendatory Act of the |
102nd General Assembly ,
the State Comptroller shall order |
transferred and the State Treasurer shall transfer from the
|
following funds moneys in the specified amounts for deposit |
into the Audit Expense Fund: |
Attorney General Court Ordered and Voluntary Compliance |
Payment Projects Fund .............................$38,974 |
Attorney General Sex Offender Awareness, |
Training, and Education Fund .........................$539 |
Aggregate Operations Regulatory Fund .....................$711 |
Agricultural Premium Fund .............................$25,265 |
Attorney General's State Projects and Court |
Ordered Distribution Fund .........................$43,667 |
Anna Veterans Home Fund ...............................$15,792 |
Appraisal Administration Fund ..........................$4,017 |
Attorney General Whistleblower Reward |
and Protection Fund ...............................$22,896 |
Bank and Trust Company Fund ...........................$78,017 |
Cannabis Expungement Fund ..............................$4,501 |
Capital Development Board Revolving Fund ...............$2,494 |
Care Provider Fund for Persons with |
a Developmental Disability .........................$5,707 |
CDLIS/AAMVAnet/NMVTIS Trust Fund .......................$1,702 |
|
Cemetery Oversight Licensing and Disciplinary Fund .....$5,002 |
Chicago State University Education |
Improvement Fund ..................................$16,218 |
Child Support Administrative Fund ......................$2,657 |
Clean Air Act Permit Fund .............................$10,108 |
Coal Technology Development Assistance Fund ...........$12,943 |
Commitment to Human Services Fund ....................$111,465 |
Common School Fund ...................................$445,997 |
Community Mental Health Medicaid Trust Fund ............$9,599 |
Community Water Supply Laboratory Fund ...................$637 |
Credit Union Fund .....................................$16,048 |
DCFS Children's Services Fund ........................$287,247 |
Department of Business Services |
Special Operations Fund ............................$4,402 |
Department of Corrections Reimbursement |
and Education Fund ................................$60,429 |
Design Professionals Administration |
and Investigation Fund .............................$3,362 |
Department of Human Services Community Services Fund ...$5,239 |
Downstate Public Transportation Fund ..................$30,625 |
Driver Services Administration Fund ......................$639 |
Drivers Education Fund .................................$1,202 |
Drug Rebate Fund ......................................$22,702 |
Drug Treatment Fund ......................................$571 |
Drycleaner Environmental Response Trust Fund .............$846 |
Education Assistance Fund ..........................$1,969,661 |
|
Environmental Protection Permit and |
Inspection Fund ....................................$7,079 |
Facilities Management Revolving Fund ..................$16,163 |
Federal High Speed Rail Trust Fund .....................$1,264 |
Federal Workforce Training Fund .......................$91,791 |
Feed Control Fund ......................................$1,701 |
Fertilizer Control Fund ................................$1,791 |
Fire Prevention Fund ...................................$3,507 |
Firearm Dealer License Certification Fund ................$648 |
Fund for the Advancement of Education .................$44,609 |
General Professions Dedicated Fund ....................$31,353 |
General Revenue Fund ..............................$17,663,958 |
Grade Crossing Protection Fund .........................$1,856 |
Hazardous Waste Fund ...................................$8,446 |
Health and Human Services Medicaid Trust Fund ..........$6,134 |
Healthcare Provider Relief Fund ......................$185,164 |
Horse Racing Fund ....................................$169,632 |
Hospital Provider Fund ................................$63,346 |
ICCB Federal Trust Fund ...............................$10,805 |
Illinois Affordable Housing Trust Fund .................$5,414 |
Illinois Charity Bureau Fund ...........................$3,298 |
Illinois Clean Water Fund .............................$11,951 |
Illinois Forestry Development Fund ....................$11,004 |
Illinois Gaming Law Enforcement Fund ...................$1,869 |
IMSA Income Fund .......................................$2,188 |
Illinois Military Family Relief Fund ...................$6,986 |
|
Illinois Power Agency Operations Fund .................$41,229 |
Illinois State Dental Disciplinary Fund ................$6,127 |
Illinois State Fair Fund .................................$660 |
Illinois State Medical Disciplinary Fund ..............$23,384 |
Illinois State Pharmacy Disciplinary Fund .............$10,308 |
Illinois Veterans Assistance Fund ......................$2,016 |
Illinois Veterans' Rehabilitation Fund ...................$862 |
Illinois Wildlife Preservation Fund ....................$1,742 |
Illinois Workers' Compensation Commission |
Operations Fund ....................................$4,476 |
Income Tax Refund Fund ...............................$239,691 |
Insurance Financial Regulation Fund ..................$104,462 |
Insurance Premium Tax Refund Fund .....................$23,121 |
Insurance Producer Administration Fund ...............$104,566 |
International Tourism Fund .............................$1,985 |
LaSalle Veterans Home Fund ............................$46,145 |
LEADS Maintenance Fund ...................................$681 |
Live and Learn Fund ....................................$8,120 |
Local Government Distributive Fund ...................$154,289 |
Long-Term Care Provider Fund ...........................$6,468 |
Manteno Veterans Home Fund ............................$93,493 |
Mental Health Fund ....................................$12,227 |
Mental Health Reporting Fund .............................$611 |
Monitoring Device Driving Permit |
Administration Fee Fund ..............................$617 |
Motor Carrier Safety Inspection Fund ...................$1,823 |
|
Motor Fuel Tax Fund ..................................$103,497 |
Motor Vehicle License Plate Fund .......................$5,656 |
Motor Vehicle Theft Prevention and Insurance |
Verification Trust Fund ............................$2,618 |
Nursing Dedicated and Professional Fund ...............$11,973 |
Off-Highway Vehicle Trails Fund ........................$1,994 |
Open Space Lands Acquisition and Development Fund .....$45,493 |
Optometric Licensing and Disciplinary Board Fund .......$1,169 |
Partners For Conservation Fund ........................$19,950 |
Pawnbroker Regulation Fund .............................$1,053 |
Personal Property Tax Replacement Fund ...............$203,036 |
Pesticide Control Fund .................................$6,845 |
Professional Services Fund .............................$2,778 |
Professions Indirect Cost Fund .......................$172,106 |
Public Pension Regulation Fund .........................$6,919 |
Public Transportation Fund ............................$77,303 |
Quincy Veterans Home Fund .............................$91,704 |
Real Estate License Administration Fund ...............$33,329 |
Registered Certified Public Accountants' |
Administration and Disciplinary Fund ...............$3,617 |
Renewable Energy Resources Trust Fund ..................$1,591 |
Rental Housing Support Program Fund ....................$1,539 |
Residential Finance Regulatory Fund ...................$20,510 |
Road Fund ............................................$399,062 |
Regional Transportation Authority Occupation and |
Use Tax Replacement Fund ...........................$5,205 |
|
Salmon Fund ..............................................$655 |
School Infrastructure Fund ............................$14,015 |
Secretary of State DUI Administration Fund .............$1,025 |
Secretary of State Identification Security |
and Theft Prevention Fund ..........................$4,502 |
Secretary of State Special License Plate Fund ..........$1,384 |
Secretary of State Special Services Fund ...............$8,114 |
Securities Audit and Enforcement Fund ..................$2,824 |
State Small Business Credit Initiative Fund ............$4,331 |
Solid Waste Management Fund ...........................$10,397 |
Special Education Medicaid Matching Fund ...............$2,924 |
Sports Wagering Fund ...................................$8,572 |
State Police Law Enforcement Administration Fund .......$6,822 |
State and Local Sales Tax Reform Fund .................$10,355 |
State Asset Forfeiture Fund ............................$1,740 |
State Aviation Program Fund ..............................$557 |
State Construction Account Fund ......................$195,722 |
State Crime Laboratory Fund ............................$7,743 |
State Gaming Fund ....................................$204,660 |
State Garage Revolving Fund ............................$3,731 |
State Lottery Fund ...................................$129,814 |
State Offender DNA Identification System Fund ..........$1,405 |
State Pensions Fund ..................................$500,000 |
State Police Firearm Services Fund ....................$16,122 |
State Police Services Fund ............................$21,151 |
State Police Vehicle Fund ..............................$3,013 |
|
State Police Whistleblower Reward |
and Protection Fund ................................$2,452 |
Subtitle D Management Fund .............................$1,431 |
Supplemental Low-Income Energy Assistance Fund ........$68,591 |
Tax Compliance and Administration Fund .................$5,259 |
Technology Management Revolving Fund .................$244,294 |
Tobacco Settlement Recovery Fund .......................$4,653 |
Tourism Promotion Fund ................................$35,322 |
Traffic and Criminal Conviction Surcharge Fund .......$136,332 |
Underground Storage Tank Fund .........................$20,429 |
University of Illinois Hospital Services Fund ..........$3,664 |
Vehicle Inspection Fund ...............................$11,203 |
Violent Crime Victims Assistance Fund .................$14,202 |
Weights and Measures Fund ..............................$6,127 |
Working Capital Revolving Fund ........................$18,120
|
Agricultural Premium Fund .............................145,477
|
Amusement Ride and Patron Safety Fund ..................10,067 |
Assisted Living and Shared Housing Regulatory Fund ......2,696 |
Capital Development Board Revolving Fund ................1,807 |
Care Provider Fund for Persons with a Developmental |
Disability .........................................15,438 |
CDLIS/AAMVAnet/NMVTIS Trust Fund ........................5,148
|
Chicago State University Education Improvement Fund .....4,748 |
Child Labor and Day and Temporary Labor Services |
Enforcement Fund ...................................18,662 |
Child Support Administrative Fund .......................5,832 |
|
Clean Air Act Permit Fund ...............................1,410 |
Common School Fund ....................................259,307 |
Community Mental Health Medicaid Trust Fund ............23,472 |
Death Certificate Surcharge Fund ........................4,161 |
Death Penalty Abolition Fund ............................4,095 |
Department of Business Services Special Operations Fund .12,790 |
Department of Human Services Community Services Fund ....8,744 |
Downstate Public Transportation Fund ...................12,100 |
Dram Shop Fund ........................................155,250 |
Driver Services Administration Fund .....................1,920 |
Drug Rebate Fund .......................................39,351 |
Drug Treatment Fund .......................................896 |
Education Assistance Fund ...........................1,818,170 |
Emergency Public Health Fund ............................7,450 |
Employee Classification Fund ............................1,518 |
EMS Assistance Fund .....................................1,286 |
Environmental Protection Permit and Inspection Fund .......671 |
Estate Tax Refund Fund . 2,150 |
Facilities Management Revolving Fund ...................33,930 |
Facility Licensing Fund .................................3,894 |
Fair and Exposition Fund ................................5,904 |
Federal Financing Cost Reimbursement Fund ...............1,579 |
Federal High Speed Rail Trust Fund ........................517 |
Feed Control Fund .......................................9,601 |
Fertilizer Control Fund .................................8,941
|
Fire Prevention Fund ....................................4,456
|
|
Fund for the Advancement of Education ..................17,988
|
General Revenue Fund ...............................17,653,153
|
General Professions Dedicated Fund ......................3,567 |
Governor's Administrative Fund ..........................4,052 |
Governor's Grant Fund ..................................16,687 |
Grade Crossing Protection Fund ............................629 |
Grant Accountability and Transparency Fund ................910
|
Hazardous Waste Fund ......................................849
|
Hazardous Waste Research Fund .............................528
|
Health and Human Services Medicaid Trust Fund ..........10,635 |
Health Facility Plan Review Fund ........................3,190 |
Healthcare Provider Relief Fund .......................360,142
|
Healthy Smiles Fund .......................................745 |
Home Care Services Agency Licensure Fund ................2,824 |
Hospital Licensure Fund .................................1,313 |
Hospital Provider Fund ................................128,466 |
ICJIA Violence Prevention Fund ............................742
|
Illinois Affordable Housing Trust Fund ..................7,829
|
Illinois Clean Water Fund ...............................1,915
|
IMSA Income Fund .......................................12,557 |
Illinois Health Facilities Planning Fund ................2,704
|
Illinois Power Agency Operations Fund ..................36,874 |
Illinois School Asbestos Abatement Fund .................1,556 |
Illinois State Fair Fund ...............................41,374
|
Illinois Veterans' Rehabilitation Fund ..................1,008 |
Illinois Workers' Compensation Commission Operations |
|
Fund ..............................................189,581
|
Income Tax Refund Fund .................................53,295 |
Lead Poisoning Screening, Prevention, and Abatement |
Fund ...............................................14,747 |
Live and Learn Fund ....................................23,420 |
Lobbyist Registration Administration Fund ...............1,178 |
Local Government Distributive Fund .....................36,680 |
Long Term Care Monitor/Receiver Fund ...................40,812 |
Long-Term Care Provider Fund ...........................18,266 |
Mandatory Arbitration Fund ..............................1,618 |
Medical Interagency Program Fund ..........................890 |
Mental Health Fund .....................................10,924 |
Metabolic Screening and Treatment Fund .................35,159 |
Monitoring Device Driving Permit Administration Fee Fund .2,355 |
Motor Fuel Tax Fund ....................................36,804 |
Motor Vehicle License Plate Fund .......................13,274 |
Motor Vehicle Theft Prevention and Insurance Verification |
Trust Fund ..........................................8,773 |
Multiple Sclerosis Research Fund ..........................670 |
Nuclear Safety Emergency Preparedness Fund .............17,663 |
Nursing Dedicated and Professional Fund .................2,667 |
Open Space Lands Acquisition and Development Fund .......1,463 |
Partners for Conservation Fund .........................75,235 |
Personal Property Tax Replacement Fund .................85,166 |
Pesticide Control Fund .................................44,745 |
Plumbing Licensure and Program Fund .....................5,297 |
|
Professional Services Fund ..............................6,549 |
Public Health Laboratory Services Revolving Fund ........9,044 |
Public Transportation Fund .............................47,744 |
Radiation Protection Fund ...............................6,575 |
Renewable Energy Resources Trust Fund ...................8,169 |
Road Fund .............................................284,307
|
Regional Transportation Authority Occupation and Use Tax |
Replacement Fund ....................................1,278
|
School Infrastructure Fund ..............................8,938 |
Secretary of State DUI Administration Fund ..............2,044 |
Secretary of State Identification Security and Theft |
Prevention Fund ....................................15,122 |
Secretary of State Police Services Fund ...................815 |
Secretary of State Special License Plate Fund ...........4,441 |
Secretary of State Special Services Fund ...............21,797 |
Securities Audit and Enforcement Fund ...................8,480
|
Solid Waste Management Fund .............................1,427 |
Special Education Medicaid Matching Fund ................5,854
|
State and Local Sales Tax Reform Fund ...................2,742 |
State Construction Account Fund ........................69,387
|
State Gaming Fund ......................................89,997 |
State Garage Revolving Fund ............................10,788 |
State Lottery Fund ....................................343,580 |
State Pensions Fund ...................................500,000 |
State Treasurer's Bank Services Trust Fund ................913 |
Supreme Court Special Purposes Fund .....................1,704 |
|
Tattoo and Body Piercing Establishment Registration Fund ..724 |
Tax Compliance and Administration Fund ..................1,847 |
Tobacco Settlement Recovery Fund .......................27,854 |
Tourism Promotion Fund .................................42,180 |
Trauma Center Fund ......................................5,128 |
Underground Storage Tank Fund ...........................3,473 |
University of Illinois Hospital Services Fund ...........7,505 |
Vehicle Inspection Fund .................................4,863 |
Weights and Measures Fund ..............................25,431 |
Youth Alcoholism and Substance Abuse Prevention Fund .....857.
|
Notwithstanding any provision of the law to the contrary, |
the General
Assembly hereby authorizes the use of such funds |
for the purposes set forth
in this Section.
|
These provisions do not apply to funds classified by the |
Comptroller
as federal trust funds or State trust funds. The |
Audit Expense Fund may
receive transfers from those trust |
funds only as directed herein, except
where prohibited by the |
terms of the trust fund agreement. The Auditor
General shall |
notify the trustees of those funds of the estimated cost of
the |
audit to be incurred under the Illinois State Auditing Act for |
the
fund. The trustees of those funds shall direct the State |
Comptroller and
Treasurer to transfer the estimated amount to |
the Audit Expense Fund.
|
The Auditor General may bill entities that are not subject |
to the above
transfer provisions, including private entities, |
related organizations and
entities whose funds are |
|
locally-held, for the cost of audits, studies, and
|
investigations incurred on their behalf. Any revenues received |
under this
provision shall be deposited into the Audit Expense |
Fund.
|
In the event that moneys on deposit in any fund are |
unavailable, by
reason of deficiency or any other reason |
preventing their lawful
transfer, the State Comptroller shall |
order transferred
and the State Treasurer shall transfer the |
amount deficient or otherwise
unavailable from the General |
Revenue Fund for deposit into the Audit Expense
Fund.
|
On or before December 1, 1992, and each December 1 |
thereafter, the
Auditor General shall notify the Governor's |
Office of Management
and Budget (formerly Bureau of the |
Budget)
of the amount
estimated to be necessary to pay for |
audits, studies, and investigations in
accordance with the |
Illinois State Auditing Act during the next succeeding
fiscal |
year for each State fund for which a transfer or reimbursement |
is
anticipated.
|
Beginning with fiscal year 1994 and during each fiscal |
year thereafter,
the Auditor General may direct the State |
Comptroller and Treasurer to
transfer moneys from funds |
authorized by the General Assembly for that
fund. In the event |
funds, including federal and State trust funds but
excluding |
the General Revenue Fund, are transferred, during fiscal year |
1994
and during each fiscal year thereafter, in excess of the |
amount to pay actual
costs attributable to audits, studies, |
|
and investigations as permitted or
required by the Illinois |
State Auditing Act or specific action of the General
Assembly, |
the Auditor General shall, on September 30, or as soon |
thereafter as
is practicable, direct the State Comptroller and |
Treasurer to transfer the
excess amount back to the fund from |
which it was originally transferred.
|
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
102-16, eff. 6-17-21.)
|
(30 ILCS 105/6z-30) |
Sec. 6z-30. University of Illinois Hospital Services Fund. |
(a) The University of Illinois Hospital Services Fund is |
created as a
special fund in the State Treasury. The following |
moneys shall be deposited
into the Fund: |
(1) (Blank). As soon as possible after the beginning |
of fiscal year 2010, and in no event later than July 30, |
the State
Comptroller and the State Treasurer shall |
automatically transfer $30,000,000
from the General |
Revenue Fund to the University of Illinois Hospital |
Services
Fund. |
(1.5) (Blank). Starting in fiscal year 2011, and |
continuing through fiscal year 2017, as soon as
possible |
after the beginning of each fiscal year, and in no event |
later than July 30, the State Comptroller and the State |
Treasurer shall automatically transfer $45,000,000 from |
the General Revenue Fund to the University of Illinois |
|
Hospital Services Fund; except that, in fiscal year 2012 |
only, the State Comptroller and the State Treasurer shall |
transfer $90,000,000 from the General Revenue Fund to the |
University of Illinois Hospital Services Fund under this |
paragraph, and, in fiscal year 2013 only, the State |
Comptroller and the State Treasurer shall transfer no |
amounts from the General Revenue Fund to the University of |
Illinois Hospital Services Fund under this paragraph. |
(1.7) (Blank). Starting in fiscal year 2018, at the |
direction of and upon notification from the Director of |
Healthcare and Family Services, the State Comptroller |
shall direct and the State Treasurer shall transfer an |
amount of at least $20,000,000 but not exceeding a total |
of $45,000,000 from the General Revenue Fund to the |
University of Illinois Hospital Services Fund in each |
fiscal year. |
(1.8) Starting in fiscal year 2022, at the direction
|
of and upon notification from the Director of Healthcare |
and Family Services, the State Comptroller shall direct |
and the State Treasurer shall transfer an amount of at |
least $20,000,000 but not exceeding a total of $55,000,000 |
from the General Revenue Fund to the University of |
Illinois Hospital Services Fund in each fiscal year. |
(2) All intergovernmental transfer payments to the |
Department of Healthcare and Family Services by the |
University of Illinois made pursuant to an
|
|
intergovernmental agreement under subsection (b) or (c) of |
Section 5A-3 of
the Illinois Public Aid Code. |
(3) All federal matching funds received by the |
Department of Healthcare and Family Services (formerly
|
Illinois Department of
Public Aid) as a result of |
expenditures made by the Department that are
attributable |
to moneys that were deposited in the Fund. |
(4) All other moneys received for the Fund from any
|
other source, including interest earned thereon. |
(b) Moneys in the fund may be used by the Department of |
Healthcare and Family Services,
subject to appropriation and |
to an interagency agreement between that Department and the |
Board of Trustees of the University of Illinois, to reimburse |
the University of Illinois Hospital for
hospital and pharmacy |
services, to reimburse practitioners who are employed by the |
University of Illinois, to reimburse other health care |
facilities and health plans operated by the University of |
Illinois, and to pass through to the University of Illinois |
federal financial participation earned by the State as a |
result of expenditures made by the University of Illinois. |
(c) (Blank). |
(Source: P.A. 100-23, eff. 7-6-17.)
|
(30 ILCS 105/6z-32)
|
Sec. 6z-32. Partners for Planning and Conservation.
|
(a) The Partners for Conservation Fund (formerly known as |
|
the Conservation 2000 Fund) and the Partners for
Conservation |
Projects Fund (formerly known as the Conservation 2000 |
Projects Fund) are
created as special funds in the State |
Treasury. These funds
shall be used to establish a |
comprehensive program to protect Illinois' natural
resources |
through cooperative partnerships between State government and |
public
and private landowners. Moneys in these Funds may be
|
used, subject to appropriation, by the Department of Natural |
Resources, Environmental Protection Agency, and the
Department |
of Agriculture for purposes relating to natural resource |
protection,
planning, recreation, tourism, climate resilience, |
and compatible agricultural and economic development
|
activities. Without limiting these general purposes, moneys in |
these Funds may
be used, subject to appropriation, for the |
following specific purposes:
|
(1) To foster sustainable agriculture practices and |
control soil erosion,
sedimentation, and nutrient loss |
from farmland, including grants to Soil and Water |
Conservation Districts
for conservation practice |
cost-share grants and for personnel, educational, and
|
administrative expenses.
|
(2) To establish and protect a system of ecosystems in |
public and private
ownership through conservation |
easements, incentives to public and private
landowners, |
natural resource restoration and preservation, water |
quality protection and improvement, land use and watershed |
|
planning, technical assistance and grants, and
land |
acquisition provided these mechanisms are all voluntary on |
the part of the
landowner and do not involve the use of |
eminent domain.
|
(3) To develop a systematic and long-term program to |
effectively measure
and monitor natural resources and |
ecological conditions through investments in
technology |
and involvement of scientific experts.
|
(4) To initiate strategies to enhance, use, and |
maintain Illinois' inland
lakes through education, |
technical assistance, research, and financial
incentives.
|
(5) To partner with private landowners and with units |
of State, federal, and local government and with |
not-for-profit organizations in order to integrate State |
and federal programs with Illinois' natural resource |
protection and restoration efforts and to meet |
requirements to obtain federal and other funds for |
conservation or protection of natural resources. |
(6) To implement the State's Nutrient Loss Reduction |
Strategy, including, but not limited to, funding the |
resources needed to support the Strategy's Policy Working |
Group, cover water quality monitoring in support of |
Strategy implementation, prepare a biennial report on the |
progress made on the Strategy every 2 years, and provide |
cost share funding for nutrient capture projects. |
(7) To provide capacity grants to support soil and |
|
water conservation districts, including, but not limited |
to, developing soil health plans, conducting soil health |
assessments, peer-to-peer training, convening |
producer-led dialogues, professional development and |
travel stipends for meetings and educational events.
|
(b) The State Comptroller and State Treasurer shall |
automatically transfer
on the last day of each month, |
beginning on September 30, 1995 and ending on
June 30, 2023 |
2022 ,
from the General Revenue Fund to the Partners for |
Conservation
Fund,
an
amount equal to 1/10 of the amount set |
forth below in fiscal year 1996 and
an amount equal to 1/12 of |
the amount set forth below in each of the other
specified |
fiscal years:
|
|
Fiscal Year |
Amount |
|
1996 |
$ 3,500,000 |
|
1997 |
$ 9,000,000 |
|
1998 |
$10,000,000 |
|
1999 |
$11,000,000 |
|
2000 |
$12,500,000 |
|
2001 through 2004 |
$14,000,000 |
|
2005
| $7,000,000 | |
2006
| $11,000,000
| |
2007
| $0
| |
2008 through 2011
| $14,000,000
| |
2012 | $12,200,000 | |
2013 through 2017 | $14,000,000 | |
|
|
2018 | $1,500,000 | |
2019 | $14,000,000 | |
2020 | $7,500,000 | |
2021 through 2023 2022 | $14,000,000 |
|
(c) The State Comptroller and State Treasurer shall |
automatically transfer on the last day of each month beginning |
on July 31, 2021 and ending June 30, 2022, from the |
Environmental Protection Permit and Inspection Fund to the |
Partners for Conservation Fund, an amount equal to 1/12 of |
$4,135,000.
|
(c-1) The State Comptroller and State Treasurer shall |
automatically transfer on the last day of each month beginning |
on July 31, 2022 and ending June 30, 2023, from the |
Environmental Protection Permit and Inspection Fund to the |
Partners for Conservation Fund, an amount equal to 1/12 of |
$5,900,000. |
(d) There shall be deposited into the Partners for
|
Conservation Projects Fund such
bond proceeds and other moneys |
as may, from time to time, be provided by law.
|
(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21.)
|
(30 ILCS 105/6z-51)
|
Sec. 6z-51. Budget Stabilization Fund.
|
(a) The Budget Stabilization Fund, a special fund in the |
State Treasury,
shall consist of moneys appropriated or |
transferred to that Fund, as provided
in Section 6z-43 and as |
|
otherwise provided by law.
All earnings on Budget |
Stabilization Fund investments shall be deposited into
that |
Fund.
|
(b) The State Comptroller may direct the State Treasurer |
to transfer moneys
from the Budget Stabilization Fund to the |
General Revenue Fund in order to meet
cash flow deficits |
resulting from timing variations between disbursements
and the |
receipt
of funds within a fiscal year. Any moneys so borrowed |
in any fiscal year other than Fiscal Year 2011 shall be repaid |
by June
30 of the fiscal year in which they were borrowed.
Any |
moneys so borrowed in Fiscal Year 2011 shall be repaid no later |
than July 15, 2011.
|
(c) During Fiscal Year 2017 only, amounts may be expended |
from the Budget Stabilization Fund only pursuant to specific |
authorization by appropriation. Any moneys expended pursuant |
to appropriation shall not be subject to repayment. |
(d) For Fiscal Years Year 2020 through 2022 , and beyond , |
any transfers into the Fund pursuant to the Cannabis |
Regulation and Tax Act may be transferred to the General |
Revenue Fund in order for the Comptroller to address |
outstanding vouchers and shall not be subject to repayment |
back into the Budget Stabilization Fund. |
(e) Beginning July 1, 2023, on the first day of each month, |
or as soon thereafter as practical, the State Comptroller |
shall direct and the State Treasurer shall transfer $3,750,000 |
from the General Revenue Fund to the Budget Stabilization |
|
Fund. |
(Source: P.A. 101-10, eff. 6-5-19.)
|
(30 ILCS 105/6z-70) |
Sec. 6z-70. The Secretary of State Identification Security |
and Theft Prevention Fund. |
(a) The Secretary of State Identification Security and |
Theft Prevention Fund is created as a special fund in the State |
treasury. The Fund shall consist of any fund transfers, |
grants, fees, or moneys from other sources received for the |
purpose of funding identification security and theft |
prevention measures. |
(b) All moneys in the Secretary of State Identification |
Security and Theft Prevention Fund shall be used, subject to |
appropriation, for any costs related to implementing |
identification security and theft prevention measures. |
(c) (Blank).
|
(d) (Blank). |
(e) (Blank). |
(f) (Blank). |
(g) (Blank). |
(h) (Blank). |
(i) (Blank). |
(j) (Blank). |
(k) (Blank). |
(l) (Blank). |
|
(m) (Blank). Notwithstanding any other provision of State |
law to the contrary, on or after July 1, 2020, and until June |
30, 2021, in addition to any other transfers that may be |
provided for by law, at the direction of and upon notification |
of the Secretary of State, the State Comptroller shall direct |
and the State Treasurer shall transfer amounts into the |
Secretary of State Identification Security and Theft |
Prevention Fund from the designated funds not exceeding the |
following totals: |
Division of Corporations Registered Limited |
Liability Partnership Fund ...................$287,000 |
Securities Investors Education Fund ............$1,500,000 |
Department of Business Services Special |
Operations Fund ............................$4,500,000 |
Securities Audit and Enforcement Fund ..........$5,000,000 |
Corporate Franchise Tax Refund Fund ............$3,000,000 |
(n) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2021, and until June 30, |
2022, in addition to any other transfers that may be provided |
for by law, at the direction of and upon notification of the |
Secretary of State, the State Comptroller shall direct and the |
State Treasurer shall transfer amounts into the Secretary of |
State Identification Security and Theft Prevention Fund from |
the designated funds not exceeding the following totals: |
Division of Corporations Registered Limited |
Liability Partnership Fund ..................$287,000 |
|
Securities Investors Education Fund ...........$1,500,000 |
Department of Business Services Special |
Operations Fund ...........................$4,500,000 |
Securities Audit and Enforcement Fund .........$5,000,000 |
Corporate Franchise Tax Refund Fund ...........$3,000,000 |
(o) Notwithstanding any other provision of State law to |
the contrary, on or after July 1, 2022, and until June 30, |
2023, in addition to any other transfers that may be provided |
for by law, at the direction of and upon notification of the |
Secretary of State, the State Comptroller shall direct and the |
State Treasurer shall transfer amounts into the Secretary of |
State Identification Security and Theft Prevention Fund from |
the designated funds not exceeding the following totals: |
Division of Corporations Registered Limited |
Liability Partnership Fund ...................$400,000 |
Department of Business Services Special |
Operations Fund ............................$5,500,000 |
Securities Audit and Enforcement Fund ..........$4,000,000 |
Corporate Franchise Tax Refund Fund ............$4,000,000 |
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
102-16, eff. 6-17-21.) |
(30 ILCS 105/6z-77) |
Sec. 6z-77. The Capital Projects Fund. The Capital |
Projects Fund is created as a special fund in the State |
Treasury. The State Comptroller and State Treasurer shall |
|
transfer from the Capital Projects Fund to the General Revenue |
Fund $61,294,550 on October 1, 2009, $122,589,100 on January |
1, 2010, and $61,294,550 on April 1, 2010. Beginning on July 1, |
2010, and on July 1 and January 1 of each year thereafter, the |
State Comptroller and State Treasurer shall transfer the sum |
of $122,589,100 from the Capital Projects Fund to the General |
Revenue Fund. In Fiscal Year 2022 only, the State Comptroller |
and State Treasurer shall transfer up to $80,000,000 |
$40,000,000 of sports wagering revenues from the Capital |
Projects Fund to the Rebuild Illinois Projects Fund in one or |
more transfers as directed by the Governor. Subject to |
appropriation, the Capital Projects Fund may be used only for |
capital projects and the payment of debt service on bonds |
issued for capital projects. All interest earned on moneys in |
the Fund shall be deposited into the Fund. The Fund shall not |
be subject to administrative charges or chargebacks, such as |
but not limited to those authorized under Section 8h.
|
(Source: P.A. 102-16, eff. 6-17-21.) |
(30 ILCS 105/6z-81) |
Sec. 6z-81. Healthcare Provider Relief Fund. |
(a) There is created in the State treasury a special fund |
to be known as the Healthcare Provider Relief Fund. |
(b) The Fund is created for the purpose of receiving and |
disbursing moneys in accordance with this Section. |
Disbursements from the Fund shall be made only as follows: |
|
(1) Subject to appropriation, for payment by the |
Department of Healthcare and
Family Services or by the |
Department of Human Services of medical bills and related |
expenses, including administrative expenses, for which the |
State is responsible under Titles XIX and XXI of the |
Social Security Act, the Illinois Public Aid Code, the |
Children's Health Insurance Program Act, the Covering ALL |
KIDS Health Insurance Act, and the Long Term Acute Care |
Hospital Quality Improvement Transfer Program Act. |
(2) For repayment of funds borrowed from other State
|
funds or from outside sources, including interest thereon. |
(3) For making payments to the human poison control |
center pursuant to Section 12-4.105 of the Illinois Public |
Aid Code. |
(4) For making necessary transfers to other State
|
funds to deposit Home and Community-Based Services federal |
matching revenue received as a result of the enhancement |
to the federal medical assistance percentage authorized by |
Section 9817 of the federal American Rescue Plan Act of |
2021. |
(c) The Fund shall consist of the following: |
(1) Moneys received by the State from short-term
|
borrowing pursuant to the Short Term Borrowing Act on or |
after the effective date of Public Act 96-820. |
(2) All federal matching funds received by the
|
Illinois Department of Healthcare and Family Services as a |
|
result of expenditures made by the Department that are |
attributable to moneys deposited in the Fund. |
(3) All federal matching funds received by the
|
Illinois Department of Healthcare and Family Services as a |
result of federal approval of Title XIX State plan |
amendment transmittal number 07-09. |
(3.5) Proceeds from the assessment authorized under |
Article V-H of the Illinois Public Aid Code. |
(4) All other moneys received for the Fund from any
|
other source, including interest earned thereon. |
(5) All federal matching funds received by the
|
Illinois Department of Healthcare and Family Services as a |
result of expenditures made by the Department for Medical |
Assistance from the General Revenue Fund, the Tobacco |
Settlement Recovery Fund, the Long-Term Care Provider |
Fund, and the Drug Rebate Fund related to individuals |
eligible for medical assistance pursuant to the Patient |
Protection and Affordable Care Act (P.L. 111-148) and |
Section 5-2 of the Illinois Public Aid Code. |
(d) In addition to any other transfers that may be |
provided for by law, on the effective date of Public Act 97-44, |
or as soon thereafter as practical, the State Comptroller |
shall direct and the State Treasurer shall transfer the sum of |
$365,000,000 from the General Revenue Fund into the Healthcare |
Provider Relief Fund.
|
(e) In addition to any other transfers that may be |
|
provided for by law, on July 1, 2011, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $160,000,000 from the |
General Revenue Fund to the Healthcare Provider Relief Fund. |
(f) Notwithstanding any other State law to the contrary, |
and in addition to any other transfers that may be provided for |
by law, the State Comptroller shall order transferred and the |
State Treasurer shall transfer $500,000,000 to the Healthcare |
Provider Relief Fund from the General Revenue Fund in equal |
monthly installments of $100,000,000, with the first transfer |
to be made on July 1, 2012, or as soon thereafter as practical, |
and with each of the remaining transfers to be made on August |
1, 2012, September 1, 2012, October 1, 2012, and November 1, |
2012, or as soon thereafter as practical. This transfer may |
assist the Department of Healthcare and Family Services in |
improving Medical Assistance bill processing timeframes or in |
meeting the possible requirements of Senate Bill 3397, or |
other similar legislation, of the 97th General Assembly should |
it become law. |
(g) Notwithstanding any other State law to the contrary, |
and in addition to any other transfers that may be provided for |
by law, on July 1, 2013, or as soon thereafter as may be |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $601,000,000 from the |
General Revenue Fund to the Healthcare Provider Relief Fund. |
(Source: P.A. 100-587, eff. 6-4-18; 101-9, eff. 6-5-19; |
|
101-650, eff. 7-7-20.) |
(30 ILCS 105/6z-100) |
(Section scheduled to be repealed on July 1, 2022) |
Sec. 6z-100. Capital Development Board Revolving Fund; |
payments into and use. All monies received by the Capital |
Development Board for publications or copies issued by the |
Board, and all monies received for contract administration |
fees, charges, or reimbursements owing to the Board shall be |
deposited into a special fund known as the Capital Development |
Board Revolving Fund, which is hereby created in the State |
treasury. The monies in this Fund shall be used by the Capital |
Development Board, as appropriated, for expenditures for |
personal services, retirement, social security, contractual |
services, legal services, travel, commodities, printing, |
equipment, electronic data processing, or telecommunications. |
For fiscal year 2021 and thereafter, the monies in this Fund |
may also be appropriated to and used by the Executive Ethics |
Commission for oversight and administration of the Chief |
Procurement Officer appointed under paragraph (1) of |
subsection (a) of Section 10-20 of the Illinois Procurement |
Code. Unexpended moneys in the Fund shall not be transferred |
or allocated by the Comptroller or Treasurer to any other |
fund, nor shall the Governor authorize the transfer or |
allocation of those moneys to any other fund. This Section is |
repealed July 1, 2023 2022 .
|
|
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
101-645, eff. 6-26-20; 102-16, eff. 6-17-21.) |
(30 ILCS 105/6z-121) |
Sec. 6z-121. State Coronavirus Urgent Remediation |
Emergency Fund. |
(a) The State Coronavirus Urgent Remediation Emergency |
(State CURE) Fund is created as a federal trust fund within the |
State treasury. The State CURE Fund shall be held separate and |
apart from all other funds in the State treasury. The State |
CURE Fund is established: (1) to receive, directly or |
indirectly, federal funds from the Coronavirus Relief Fund in |
accordance with Section 5001 of the federal Coronavirus Aid, |
Relief, and Economic Security (CARES) Act, the Coronavirus |
State Fiscal Recovery Fund in accordance with Section 9901 of |
the American Rescue Plan Act of 2021, or from any other federal |
fund pursuant to any other provision of the American Rescue |
Plan Act of 2021 or any other federal law; and (2) to provide |
for the transfer, distribution and expenditure of such federal |
funds as permitted in the federal Coronavirus Aid, Relief, and |
Economic Security (CARES) Act, the American Rescue Plan Act of |
2021, and related federal guidance or any other federal law, |
and as authorized by this Section. |
(b) Federal funds received by the State from the |
Coronavirus Relief Fund in accordance with Section 5001 of the |
federal Coronavirus Aid, Relief, and Economic Security (CARES) |
|
Act, the Coronavirus State Fiscal Recovery Fund in accordance |
with Section 9901 of the American Rescue Plan Act of 2021, or |
any other federal funds received pursuant to the American |
Rescue Plan Act of 2021 or any other federal law, may be |
deposited, directly or indirectly, into the State CURE Fund. |
(c) Funds in the State CURE Fund may be expended, subject |
to appropriation, directly for purposes permitted under the |
federal law and related federal guidance governing the use of |
such funds, which may include without limitation purposes |
permitted in Section 5001 of the CARES Act and Sections 3201, |
3206, and 9901 of the American Rescue Plan Act of 2021. All |
federal funds received into the State CURE Fund from the |
Coronavirus Relief Fund, the Coronavirus State Fiscal Recovery |
Fund, or any other source under the American Rescue Plan Act of |
2021, may be transferred , or expended , or returned by the |
Illinois Emergency Management Agency at the direction of the |
Governor for the specific purposes permitted by the federal |
Coronavirus Aid, Relief, and Economic Security (CARES) Act, |
the American Rescue Plan Act of 2021, any related regulations |
or federal guidance, and any terms and conditions of the |
federal awards received by the State thereunder. The State |
Comptroller shall direct and the State Treasurer shall |
transfer, as directed by the Governor in writing, a portion of |
the federal funds received from the Coronavirus Relief Fund or |
from any other federal fund pursuant to any other provision of |
federal law to the Local Coronavirus Urgent Remediation |
|
Emergency (Local CURE) Fund from time to time for the |
provision and administration of grants to units of local |
government as permitted by the federal Coronavirus Aid, |
Relief, and Economic Security (CARES) Act, any related federal |
guidance, and any other additional federal law that may |
provide authorization. The State Comptroller shall direct and |
the State Treasurer shall transfer amounts, as directed by the |
Governor in writing, from the State CURE Fund to the Essential |
Government Services Support Fund to be used for the provision |
of government services as permitted under Section 602(c)(1)(C) |
of the Social Security Act as enacted by Section 9901 of the |
American Rescue Plan Act and related federal guidance. Funds |
in the State CURE Fund also may be transferred to other funds |
in the State treasury as reimbursement for expenditures made |
from such other funds if the expenditures are eligible for |
federal reimbursement under Section 5001 of the federal |
Coronavirus Aid, Relief, and Economic Security (CARES) Act, |
the relevant provisions of the American Rescue Plan Act of |
2021, or any related federal guidance. |
(d) Once the General Assembly has enacted appropriations |
from the State CURE Fund, the expenditure of funds from the |
State CURE Fund shall be subject to appropriation by the |
General Assembly, and shall be administered by the Illinois |
Emergency Management Agency at the direction of the Governor. |
The Illinois Emergency Management Agency, and other agencies |
as named in appropriations, shall transfer, distribute or |
|
expend the funds. The State Comptroller shall direct and the |
State Treasurer shall transfer funds in the State CURE Fund to |
other funds in the State treasury as reimbursement for |
expenditures made from such other funds if the expenditures |
are eligible for federal reimbursement under Section 5001 of |
the federal Coronavirus Aid, Relief, and Economic Security |
(CARES) Act, the relevant provisions of the American Rescue |
Plan Act of 2021, or any related federal guidance, as directed |
in writing by the Governor. Additional funds that may be |
received from the federal government from legislation enacted |
in response to the impact of Coronavirus Disease 2019, |
including fiscal stabilization payments that replace revenues |
lost due to Coronavirus Disease 2019, The State Comptroller |
may direct and the State Treasurer shall transfer in the |
manner authorized or required by any related federal guidance, |
as directed in writing by the Governor. |
(e) The Illinois Emergency Management Agency, in |
coordination with the Governor's Office of Management and |
Budget, shall identify amounts derived from the State's |
Coronavirus Relief Fund allocation and transferred from the |
State CURE Fund as directed by the Governor under this Section |
that remain unobligated and unexpended for the period that |
ended on December 31, 2021. The Agency shall certify to the |
State Comptroller and the State Treasurer the amounts |
identified as unobligated and unexpended. The State |
Comptroller shall direct and the State Treasurer shall |
|
transfer the unobligated and unexpended funds identified by |
the Agency and held in other funds of the State Treasury under |
this Section to the State CURE Fund. Unexpended funds in the |
State CURE Fund shall be paid back to the federal government at |
the direction of the Governor.
|
(f) In addition to any other transfers that may be |
provided for by law, at the direction of the Governor, the |
State Comptroller shall direct and the State Treasurer shall |
transfer the sum of $24,523,000 from the State CURE Fund to the |
Chicago Travel Industry Promotion Fund. |
(g) In addition to any other transfers that may be |
provided for by law, at the direction of the Governor, the |
State Comptroller shall direct and the State Treasurer shall |
transfer the sum of $30,000,000 from the State CURE Fund to the |
Metropolitan Pier and Exposition Authority Incentive Fund. |
(h) In addition to any other transfers that may be |
provided for by law, at the direction of the Governor, the |
State Comptroller shall direct and the State Treasurer shall |
transfer the sum of $45,180,000 from the State CURE Fund to the |
Local Tourism Fund. |
(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.) |
(30 ILCS 105/6z-130 new) |
Sec. 6z-130. Statewide 9-8-8 Trust Fund. |
(a) The Statewide 9-8-8 Trust Fund is created as a special |
fund in the State treasury. Moneys in the Fund shall be used by |
|
the Department of Human Services for the purposes of |
establishing and maintaining a statewide 9-8-8 suicide |
prevention and mental health crisis system pursuant to the |
National Suicide Hotline Designation Act of 2020, the Federal |
Communication Commission's rules adopted on July 16, 2020, and |
national guidelines for crisis care. The Fund shall consist |
of: |
(1) appropriations by the General Assembly; |
(2) grants and gifts intended for deposit in the Fund; |
(3) interest, premiums, gains, or other earnings on
|
the Fund; |
(4) moneys received from any other source that are
|
deposited in or transferred into the Fund. |
(b) Moneys in the Fund: |
(1) do not revert at the end of any State fiscal year
|
but remain available for the purposes of the Fund in |
subsequent State fiscal years; and |
(2) are not subject to transfer to any other Fund or
to |
transfer, assignment, or reassignment for any other use or |
purpose outside of those specified in this Section. |
(c) An annual report of Fund deposits and expenditures |
shall be made to the General Assembly and the Federal |
Communications Commission. |
(d) In addition to any other transfers that may be |
provided for by law, on July 1, 2022, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
|
Treasurer shall transfer the sum of $5,000,000 from the |
Statewide 9-1-1 Fund to the Statewide 9-8-8 Trust Fund. |
(30 ILCS 105/6z-131 new) |
Sec. 6z-131. Agriculture Federal Projects Fund. The |
Agriculture Federal Projects Fund is established as a federal |
trust fund in the State treasury. This Fund is established to |
receive funds from all federal departments and agencies, |
including grants and awards. In addition, the Fund may also |
receive interagency receipts from other State agencies and |
funds from other public and private sources. Moneys in the |
Agriculture Federal Projects Fund shall be held by the State |
Treasurer as ex officio custodian and shall be used for the |
specific purposes established by the terms and conditions of |
the federal grant or award and for other authorized expenses |
in accordance with federal requirements. Other moneys |
deposited into the Fund may be used for purposes associated |
with the federally financed projects. |
(30 ILCS 105/6z-132 new) |
Sec. 6z-132. DNR Federal Projects Fund. The DNR Federal |
Projects Fund is established as a federal trust fund in the |
State treasury. This Fund is established to receive funds from |
all federal departments and agencies, including grants and |
awards. In addition, the Fund may also receive interagency |
receipts from other State agencies and agencies from other |
|
states. Moneys in the DNR Federal Projects Fund shall be held |
by the State Treasurer as ex officio custodian and shall be |
used for the specific purposes established by the terms and |
conditions of the federal grant or award and for other |
authorized expenses in accordance with federal requirements. |
Other moneys deposited into the Fund may be used for purposes |
associated with the federally financed projects. |
(30 ILCS 105/6z-133 new) |
Sec. 6z-133. Illinois Opioid Remediation State Trust Fund. |
(a) As used in this Section: |
(1) "Approved abatement programs" means the list of |
programs included in Exhibit B of the Illinois Opioid |
Allocation Agreement, effective December 30, 2021. |
(2) "National multistate opioid settlement" has the |
meaning provided in Section 13-226 of the Code of Civil |
Procedure. |
(3) "Opioid-related settlement" means current or |
future settlements reached by the Attorney General, |
including judgments entered that are subject to the |
Illinois Opioid Allocation Agreement, effective December |
30, 2021. |
(b) The Illinois Opioid Remediation State Trust Fund is |
created as a trust fund in the State treasury to receive |
proceeds from opioid-related settlements and judgments that |
are directed by the Attorney General into the fund pursuant to |
|
Section 3 of the Illinois Opioid Allocation Agreement, |
effective December 30, 2021. The fund shall be administered by |
the Department of Human Services. |
(c) The Illinois Opioid Remediation State Trust Fund may |
also receive gifts, grants, bequests, donations and monies |
from any other source, public or private, to be used for the |
purposes of such gifts, grants, bequests, donations or awards. |
(d) All funds directed into the Illinois Opioid |
Remediation State Trust Fund shall be used in accordance with |
the Illinois Opioid Allocation Agreement, effective December |
30, 2021, and exclusively for approved abatement programs. |
(e) The Attorney General may use a portion of the proceeds |
in the Illinois Opioid Remediation State Trust Fund for |
administrative costs associated with opioid-related |
litigation, demands, or settlements. |
(f) In addition to proceeds directed by the Attorney |
General into the Illinois Opioid Remediation State Trust Fund, |
the Attorney General may, at his or her discretion, direct |
additional funds received from any opioid-related settlement |
into the DHS State Projects Fund. |
(30 ILCS 105/8.3) (from Ch. 127, par. 144.3) |
Sec. 8.3. Money in the Road Fund shall, if and when the |
State of
Illinois incurs any bonded indebtedness for the |
construction of
permanent highways, be set aside and used for |
the purpose of paying and
discharging annually the principal |
|
and interest on that bonded
indebtedness then due and payable, |
and for no other purpose. The
surplus, if any, in the Road Fund |
after the payment of principal and
interest on that bonded |
indebtedness then annually due shall be used as
follows: |
first -- to pay the cost of administration of Chapters |
2 through 10 of
the Illinois Vehicle Code, except the cost |
of administration of Articles I and
II of Chapter 3 of that |
Code, and to pay the costs of the Executive Ethics |
Commission for oversight and administration of the Chief |
Procurement Officer appointed under paragraph (2) of |
subsection (a) of Section 10-20 of the Illinois |
Procurement Code for transportation; and |
secondly -- for expenses of the Department of |
Transportation for
construction, reconstruction, |
improvement, repair, maintenance,
operation, and |
administration of highways in accordance with the
|
provisions of laws relating thereto, or for any purpose |
related or
incident to and connected therewith, including |
the separation of grades
of those highways with railroads |
and with highways and including the
payment of awards made |
by the Illinois Workers' Compensation Commission under the |
terms of
the Workers' Compensation Act or Workers' |
Occupational Diseases Act for
injury or death of an |
employee of the Division of Highways in the
Department of |
Transportation; or for the acquisition of land and the
|
erection of buildings for highway purposes, including the |
|
acquisition of
highway right-of-way or for investigations |
to determine the reasonably
anticipated future highway |
needs; or for making of surveys, plans,
specifications and |
estimates for and in the construction and maintenance
of |
flight strips and of highways necessary to provide access |
to military
and naval reservations, to defense industries |
and defense-industry
sites, and to the sources of raw |
materials and for replacing existing
highways and highway |
connections shut off from general public use at
military |
and naval reservations and defense-industry sites, or for |
the
purchase of right-of-way, except that the State shall |
be reimbursed in
full for any expense incurred in building |
the flight strips; or for the
operating and maintaining of |
highway garages; or for patrolling and
policing the public |
highways and conserving the peace; or for the operating |
expenses of the Department relating to the administration |
of public transportation programs; or, during fiscal year |
2021 only, for the purposes of a grant not to exceed |
$8,394,800 to the Regional Transportation Authority on |
behalf of PACE for the purpose of ADA/Para-transit |
expenses; or, during fiscal year 2022 only , for the |
purposes of a grant not to exceed $8,394,800 to the |
Regional Transportation Authority on behalf of PACE for |
the purpose of ADA/Para-transit expenses; or, during |
fiscal year 2023, for the purposes of a grant not to exceed |
$8,394,800 to the Regional Transportation Authority on |
|
behalf of PACE for the purpose of ADA/Para-transit |
expenses; or for any of
those purposes or any other |
purpose that may be provided by law. |
Appropriations for any of those purposes are payable from |
the Road
Fund. Appropriations may also be made from the Road |
Fund for the
administrative expenses of any State agency that |
are related to motor
vehicles or arise from the use of motor |
vehicles. |
Beginning with fiscal year 1980 and thereafter, no Road |
Fund monies
shall be appropriated to the following Departments |
or agencies of State
government for administration, grants, or |
operations; but this
limitation is not a restriction upon |
appropriating for those purposes any
Road Fund monies that are |
eligible for federal reimbursement: |
1. Department of Public Health; |
2. Department of Transportation, only with respect to |
subsidies for
one-half fare Student Transportation and |
Reduced Fare for Elderly, except fiscal year 2021 only |
when no more than $17,570,000 may be expended and except |
fiscal year 2022 only when no more than $17,570,000 may be |
expended and except fiscal year 2023 when no more than |
$17,570,000 may be expended ; |
3. Department of Central Management
Services, except |
for expenditures
incurred for group insurance premiums of |
appropriate personnel; |
4. Judicial Systems and Agencies. |
|
Beginning with fiscal year 1981 and thereafter, no Road |
Fund monies
shall be appropriated to the following Departments |
or agencies of State
government for administration, grants, or |
operations; but this
limitation is not a restriction upon |
appropriating for those purposes any
Road Fund monies that are |
eligible for federal reimbursement: |
1. Illinois State Police, except for expenditures with
|
respect to the Division of Patrol Operations and Division |
of Criminal Investigation; |
2. Department of Transportation, only with respect to |
Intercity Rail
Subsidies, except fiscal year 2021 only |
when no more than $50,000,000 may be expended and except |
fiscal year 2022 only when no more than $50,000,000 may be |
expended and except fiscal year 2023 when no more than |
$55,000,000 may be expended , and Rail Freight Services. |
Beginning with fiscal year 1982 and thereafter, no Road |
Fund monies
shall be appropriated to the following Departments |
or agencies of State
government for administration, grants, or |
operations; but this
limitation is not a restriction upon |
appropriating for those purposes any
Road Fund monies that are |
eligible for federal reimbursement: Department
of Central |
Management Services, except for awards made by
the Illinois |
Workers' Compensation Commission under the terms of the |
Workers' Compensation Act
or Workers' Occupational Diseases |
Act for injury or death of an employee of
the Division of |
Highways in the Department of Transportation. |
|
Beginning with fiscal year 1984 and thereafter, no Road |
Fund monies
shall be appropriated to the following Departments |
or agencies of State
government for administration, grants, or |
operations; but this
limitation is not a restriction upon |
appropriating for those purposes any
Road Fund monies that are |
eligible for federal reimbursement: |
1. Illinois State Police, except not more than 40% of |
the
funds appropriated for the Division of Patrol |
Operations and Division of Criminal Investigation; |
2. State Officers. |
Beginning with fiscal year 1984 and thereafter, no Road |
Fund monies
shall be appropriated to any Department or agency |
of State government
for administration, grants, or operations |
except as provided hereafter;
but this limitation is not a |
restriction upon appropriating for those
purposes any Road |
Fund monies that are eligible for federal
reimbursement. It |
shall not be lawful to circumvent the above
appropriation |
limitations by governmental reorganization or other
methods. |
Appropriations shall be made from the Road Fund only in
|
accordance with the provisions of this Section. |
Money in the Road Fund shall, if and when the State of |
Illinois
incurs any bonded indebtedness for the construction |
of permanent
highways, be set aside and used for the purpose of |
paying and
discharging during each fiscal year the principal |
and interest on that
bonded indebtedness as it becomes due and |
payable as provided in the
Transportation Bond Act, and for no |
|
other
purpose. The surplus, if any, in the Road Fund after the |
payment of
principal and interest on that bonded indebtedness |
then annually due
shall be used as follows: |
first -- to pay the cost of administration of Chapters |
2 through 10
of the Illinois Vehicle Code; and |
secondly -- no Road Fund monies derived from fees, |
excises, or
license taxes relating to registration, |
operation and use of vehicles on
public highways or to |
fuels used for the propulsion of those vehicles,
shall be |
appropriated or expended other than for costs of |
administering
the laws imposing those fees, excises, and |
license taxes, statutory
refunds and adjustments allowed |
thereunder, administrative costs of the
Department of |
Transportation, including, but not limited to, the |
operating expenses of the Department relating to the |
administration of public transportation programs, payment |
of debts and liabilities incurred
in construction and |
reconstruction of public highways and bridges,
acquisition |
of rights-of-way for and the cost of construction,
|
reconstruction, maintenance, repair, and operation of |
public highways and
bridges under the direction and |
supervision of the State, political
subdivision, or |
municipality collecting those monies, or during fiscal |
year 2021 only for the purposes of a grant not to exceed |
$8,394,800 to the Regional Transportation Authority on |
behalf of PACE for the purpose of ADA/Para-transit |
|
expenses, or during fiscal year 2022 only for the purposes |
of a grant not to exceed $8,394,800 to the Regional |
Transportation Authority on behalf of PACE for the purpose |
of ADA/Para-transit expenses, or during fiscal year 2023 |
for the purposes of a grant not to exceed $8,394,800 to the |
Regional Transportation Authority on behalf of PACE for |
the purpose of ADA/Para-transit expenses, and the costs |
for
patrolling and policing the public highways (by the |
State, political
subdivision, or municipality collecting |
that money) for enforcement of
traffic laws. The |
separation of grades of such highways with railroads
and |
costs associated with protection of at-grade highway and |
railroad
crossing shall also be permissible. |
Appropriations for any of such purposes are payable from |
the Road
Fund or the Grade Crossing Protection Fund as |
provided in Section 8 of
the Motor Fuel Tax Law. |
Except as provided in this paragraph, beginning with |
fiscal year 1991 and
thereafter, no Road Fund monies
shall be |
appropriated to the Illinois State Police for the purposes of
|
this Section in excess of its total fiscal year 1990 Road Fund
|
appropriations for those purposes unless otherwise provided in |
Section 5g of
this Act.
For fiscal years 2003,
2004, 2005, |
2006, and 2007 only, no Road Fund monies shall
be appropriated |
to the
Department of State Police for the purposes of this |
Section in excess of
$97,310,000.
For fiscal year 2008 only, |
no Road
Fund monies shall be appropriated to the Department of |
|
State Police for the purposes of
this Section in excess of |
$106,100,000. For fiscal year 2009 only, no Road Fund monies |
shall be appropriated to the Department of State Police for |
the purposes of this Section in excess of $114,700,000. |
Beginning in fiscal year 2010, no road fund moneys shall be |
appropriated to the Illinois State Police. It shall not be |
lawful to circumvent this limitation on
appropriations by |
governmental reorganization or other methods unless
otherwise |
provided in Section 5g of this Act. |
In fiscal year 1994, no Road Fund monies shall be |
appropriated
to the
Secretary of State for the purposes of |
this Section in excess of the total
fiscal year 1991 Road Fund |
appropriations to the Secretary of State for
those purposes, |
plus $9,800,000. It
shall not be
lawful to circumvent
this |
limitation on appropriations by governmental reorganization or |
other
method. |
Beginning with fiscal year 1995 and thereafter, no Road |
Fund
monies
shall be appropriated to the Secretary of State |
for the purposes of this
Section in excess of the total fiscal |
year 1994 Road Fund
appropriations to
the Secretary of State |
for those purposes. It shall not be lawful to
circumvent this |
limitation on appropriations by governmental reorganization
or |
other methods. |
Beginning with fiscal year 2000, total Road Fund |
appropriations to the
Secretary of State for the purposes of |
this Section shall not exceed the
amounts specified for the |
|
following fiscal years: |
|
Fiscal Year 2000 | $80,500,000; | |
Fiscal Year 2001 | $80,500,000; | |
Fiscal Year 2002 | $80,500,000; | |
Fiscal Year 2003 | $130,500,000; | |
Fiscal Year 2004 | $130,500,000; | |
Fiscal Year 2005 | $130,500,000;
| |
Fiscal Year 2006
| $130,500,000;
| |
Fiscal Year 2007
| $130,500,000;
| |
Fiscal Year 2008 | $130,500,000; | |
Fiscal Year 2009 | $130,500,000. |
|
For fiscal year 2010, no road fund moneys shall be |
appropriated to the Secretary of State. |
Beginning in fiscal year 2011, moneys in the Road Fund |
shall be appropriated to the Secretary of State for the |
exclusive purpose of paying refunds due to overpayment of fees |
related to Chapter 3 of the Illinois Vehicle Code unless |
otherwise provided for by law. |
It shall not be lawful to circumvent this limitation on |
appropriations by
governmental reorganization or other |
methods. |
No new program may be initiated in fiscal year 1991 and
|
thereafter that is not consistent with the limitations imposed |
by this
Section for fiscal year 1984 and thereafter, insofar |
as appropriation of
Road Fund monies is concerned. |
Nothing in this Section prohibits transfers from the Road |
|
Fund to the
State Construction Account Fund under Section 5e |
of this Act; nor to the
General Revenue Fund, as authorized by |
Public Act 93-25. |
The additional amounts authorized for expenditure in this |
Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
|
shall be repaid to the Road Fund
from the General Revenue Fund |
in the next succeeding fiscal year that the
General Revenue |
Fund has a positive budgetary balance, as determined by
|
generally accepted accounting principles applicable to |
government. |
The additional amounts authorized for expenditure by the |
Secretary of State
and
the Department of State Police in this |
Section by Public Act 94-91 shall be repaid to the Road Fund |
from the General Revenue Fund in the
next
succeeding fiscal |
year that the General Revenue Fund has a positive budgetary
|
balance,
as determined by generally accepted accounting |
principles applicable to
government. |
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
102-16, eff. 6-17-21; 102-538, eff. 8-20-21; revised |
10-15-21.)
|
(30 ILCS 105/8.6) (from Ch. 127, par. 144.6)
|
Sec. 8.6.
Appropriations for the operation and maintenance |
of State
garages including the servicing and repair of all |
automotive equipment
owned or controlled by the State of |
Illinois, the purchase of necessary
supplies, equipment and |
|
accessories for automotive use, the purchase of
public |
liability insurance covering drivers of motor vehicles owned |
or
controlled by the State of Illinois, the design, purchase, |
installation, operation, and maintenance of electric vehicle |
charging infrastructure and associated improvements to any |
property owned or controlled by the State of Illinois, and all |
other expenses incident to
the operation and maintenance of |
the State garages are payable from the
State Garage Revolving |
Fund. Any money received by a State agency from a
third party |
as payment for damages to or destruction of a State vehicle and
|
deposited into the State Garage Revolving Fund shall be |
utilized by the
Department of Central Management Services for |
the benefit of that agency to
repair or replace, in whole or in |
part, the damaged vehicle. All contracts
let under the |
provisions of this Act shall be awarded in accordance with
the |
applicable requirements of the Illinois Purchasing Act.
|
(Source: P.A. 87-817.)
|
(30 ILCS 105/8.12)
(from Ch. 127, par. 144.12)
|
Sec. 8.12. State Pensions Fund.
|
(a) The moneys in the State Pensions Fund shall be used |
exclusively
for the administration of the Revised Uniform |
Unclaimed Property Act and
for the expenses incurred by the |
Auditor General for administering the provisions of Section |
2-8.1 of the Illinois State Auditing Act and for operational |
expenses of the Office of the State Treasurer and for the |
|
funding of the unfunded liabilities of the designated |
retirement systems. For the purposes of this Section, |
"operational expenses of the Office of the State Treasurer" |
includes the acquisition of land and buildings in State fiscal |
years 2019 and 2020 for use by the Office of the State |
Treasurer, as well as construction, reconstruction, |
improvement, repair, and maintenance, in accordance with the |
provisions of laws relating thereto, of such lands and |
buildings beginning in State fiscal year 2019 and thereafter. |
Beginning in State fiscal year 2024 2023 , payments to the |
designated retirement systems under this Section shall be in |
addition to, and not in lieu of, any State contributions |
required under the Illinois Pension Code.
|
"Designated retirement systems" means:
|
(1) the State Employees' Retirement System of |
Illinois;
|
(2) the Teachers' Retirement System of the State of |
Illinois;
|
(3) the State Universities Retirement System;
|
(4) the Judges Retirement System of Illinois; and
|
(5) the General Assembly Retirement System.
|
(b) Each year the General Assembly may make appropriations |
from
the State Pensions Fund for the administration of the |
Revised Uniform
Unclaimed Property Act.
|
(c) As soon as possible after July 30, 2004 (the effective |
date of Public Act 93-839), the General Assembly shall |
|
appropriate from the State Pensions Fund (1) to the State |
Universities Retirement System the amount certified under |
Section 15-165 during the prior year, (2) to the Judges |
Retirement System of Illinois the amount certified under |
Section 18-140 during the prior year, and (3) to the General |
Assembly Retirement System the amount certified under Section |
2-134 during the prior year as part of the required
State |
contributions to each of those designated retirement systems. |
If the amount in the State Pensions Fund does not exceed the |
sum of the amounts certified in Sections 15-165, 18-140, and |
2-134 by at least $5,000,000, the amount paid to each |
designated retirement system under this subsection shall be |
reduced in proportion to the amount certified by each of those |
designated retirement systems.
|
(c-5) For fiscal years 2006 through 2023 2022 , the General |
Assembly shall appropriate from the State Pensions Fund to the |
State Universities Retirement System the amount estimated to |
be available during the fiscal year in the State Pensions |
Fund; provided, however, that the amounts appropriated under |
this subsection (c-5) shall not reduce the amount in the State |
Pensions Fund below $5,000,000.
|
(c-6) For fiscal year 2024 2023 and each fiscal year |
thereafter, as soon as may be practical after any money is |
deposited into the State Pensions Fund from the Unclaimed |
Property Trust Fund, the State Treasurer shall apportion the |
deposited amount among the designated retirement systems as |
|
defined in subsection (a) to reduce their actuarial reserve |
deficiencies. The State Comptroller and State Treasurer shall |
pay the apportioned amounts to the designated retirement |
systems to fund the unfunded liabilities of the designated |
retirement systems. The amount apportioned to each designated |
retirement system shall constitute a portion of the amount |
estimated to be available for appropriation from the State |
Pensions Fund that is the same as that retirement system's |
portion of the total actual reserve deficiency of the systems, |
as determined annually by the Governor's Office of Management |
and Budget at the request of the State Treasurer. The amounts |
apportioned under this subsection shall not reduce the amount |
in the State Pensions Fund below $5,000,000. |
(d) The
Governor's Office of Management and Budget shall |
determine the individual and total
reserve deficiencies of the |
designated retirement systems. For this purpose,
the
|
Governor's Office of Management and Budget shall utilize the |
latest available audit and actuarial
reports of each of the |
retirement systems and the relevant reports and
statistics of |
the Public Employee Pension Fund Division of the Department of
|
Insurance.
|
(d-1) (Blank).
|
(e) The changes to this Section made by Public Act 88-593 |
shall
first apply to distributions from the Fund for State |
fiscal year 1996.
|
(Source: P.A. 101-10, eff. 6-5-19; 101-487, eff. 8-23-19; |
|
practical, only as directed by the Director of the Governor's |
Office of Management and Budget, the State Comptroller shall |
direct and the State Treasurer shall transfer the sum of |
$5,000,000 from the General Revenue Fund to the DoIT Special |
Projects Fund, and on June 1, 2022, or as soon thereafter as |
practical, but no later than June 30, 2022, the State |
Comptroller shall direct and the State Treasurer shall |
transfer the sum so transferred from the DoIT Special Projects |
Fund to the General Revenue Fund. |
(v) In addition to any other transfers that may be |
provided for by law, on July 1, 2021, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $500,000 from the General |
Revenue Fund to the Governor's Administrative Fund. |
(w) In addition to any other transfers that may be |
provided for by law, on July 1, 2021, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $500,000 from the General |
Revenue Fund to the Grant Accountability and Transparency |
Fund. |
(x) In addition to any other transfers that may be |
provided for by law, at a time or times during Fiscal Year 2022 |
as directed by the Governor, the State Comptroller shall |
direct and the State Treasurer shall transfer up to a total of |
$20,000,000 from the General Revenue Fund to the Illinois |
Sports Facilities Fund to be credited to the Advance Account |
|
within the Fund. |
(y) In addition to any other transfers that may be |
provided for by law, on June 15, 2021, or as soon thereafter as |
practical, but no later than June 30, 2021, the State |
Comptroller shall direct and the State Treasurer shall |
transfer the sum of $100,000,000 from the General Revenue Fund |
to the Technology Management Revolving Fund. |
(z) In addition to any other transfers that may be |
provided for by law, on the effective date of this amendatory |
Act of the 102nd General Assembly, or as soon thereafter as |
practical, but no later than June 30, 2022, the State |
Comptroller shall direct and the State Treasurer shall |
transfer the sum of $148,000,000 from the General Revenue Fund |
to the Build Illinois Bond Fund. |
(aa) In addition to any other transfers that may be |
provided for by law, on the effective date of this amendatory |
Act of the 102nd General Assembly, or as soon thereafter as |
practical, but no later than June 30, 2022, the State |
Comptroller shall direct and the State Treasurer shall |
transfer the sum of $180,000,000 from the General Revenue Fund |
to the Rebuild Illinois Projects Fund. |
(bb) In addition to any other transfers that may be |
provided for by law, on July 1, 2022, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $500,000 from the General |
Revenue Fund to the Governor's Administrative Fund. |
|
(cc) In addition to any other transfers that may be |
provided for by law, on July 1, 2022, or as soon thereafter as |
practical, the State Comptroller shall direct and the State |
Treasurer shall transfer the sum of $500,000 from the General |
Revenue Fund to the Grant Accountability and Transparency |
Fund. |
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
102-16, eff. 6-17-21.)
|
(30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
|
Sec. 13.2. Transfers among line item appropriations. |
(a) Transfers among line item appropriations from the same
|
treasury fund for the objects specified in this Section may be |
made in
the manner provided in this Section when the balance |
remaining in one or
more such line item appropriations is |
insufficient for the purpose for
which the appropriation was |
made. |
(a-1) No transfers may be made from one
agency to another |
agency, nor may transfers be made from one institution
of |
higher education to another institution of higher education |
except as provided by subsection (a-4).
|
(a-2) Except as otherwise provided in this Section, |
transfers may be made only among the objects of expenditure |
enumerated
in this Section, except that no funds may be |
transferred from any
appropriation for personal services, from |
any appropriation for State
contributions to the State |
|
Employees' Retirement System, from any
separate appropriation |
for employee retirement contributions paid by the
employer, |
nor from any appropriation for State contribution for
employee |
group insurance.
|
(a-2.5) (Blank). |
(a-3) Further, if an agency receives a separate
|
appropriation for employee retirement contributions paid by |
the employer,
any transfer by that agency into an |
appropriation for personal services
must be accompanied by a |
corresponding transfer into the appropriation for
employee |
retirement contributions paid by the employer, in an amount
|
sufficient to meet the employer share of the employee |
contributions
required to be remitted to the retirement |
system. |
(a-4) Long-Term Care Rebalancing. The Governor may |
designate amounts set aside for institutional services |
appropriated from the General Revenue Fund or any other State |
fund that receives monies for long-term care services to be |
transferred to all State agencies responsible for the |
administration of community-based long-term care programs, |
including, but not limited to, community-based long-term care |
programs administered by the Department of Healthcare and |
Family Services, the Department of Human Services, and the |
Department on Aging, provided that the Director of Healthcare |
and Family Services first certifies that the amounts being |
transferred are necessary for the purpose of assisting persons |
|
in or at risk of being in institutional care to transition to |
community-based settings, including the financial data needed |
to prove the need for the transfer of funds. The total amounts |
transferred shall not exceed 4% in total of the amounts |
appropriated from the General Revenue Fund or any other State |
fund that receives monies for long-term care services for each |
fiscal year. A notice of the fund transfer must be made to the |
General Assembly and posted at a minimum on the Department of |
Healthcare and Family Services website, the Governor's Office |
of Management and Budget website, and any other website the |
Governor sees fit. These postings shall serve as notice to the |
General Assembly of the amounts to be transferred. Notice |
shall be given at least 30 days prior to transfer. |
(b) In addition to the general transfer authority provided |
under
subsection (c), the following agencies have the specific |
transfer authority
granted in this subsection: |
The Department of Healthcare and Family Services is |
authorized to make transfers
representing savings attributable |
to not increasing grants due to the
births of additional |
children from line items for payments of cash grants to
line |
items for payments for employment and social services for the |
purposes
outlined in subsection (f) of Section 4-2 of the |
Illinois Public Aid Code. |
The Department of Children and Family Services is |
authorized to make
transfers not exceeding 2% of the aggregate |
amount appropriated to it within
the same treasury fund for |
|
the following line items among these same line
items: Foster |
Home and Specialized Foster Care and Prevention, Institutions
|
and Group Homes and Prevention, and Purchase of Adoption and |
Guardianship
Services. |
The Department on Aging is authorized to make transfers |
not
exceeding 10% of the aggregate amount appropriated to it |
within the same
treasury fund for the following Community Care |
Program line items among these
same line items: purchase of |
services covered by the Community Care Program and |
Comprehensive Case Coordination. |
The State Board of Education is authorized to make |
transfers from line item appropriations within the same |
treasury fund for General State Aid, General State Aid - Hold |
Harmless, and Evidence-Based Funding, provided that no such |
transfer may be made unless the amount transferred is no |
longer required for the purpose for which that appropriation |
was made, to the line item appropriation for Transitional |
Assistance when the balance remaining in such line item |
appropriation is insufficient for the purpose for which the |
appropriation was made. |
The State Board of Education is authorized to make |
transfers between the following line item appropriations |
within the same treasury fund: Disabled Student |
Services/Materials (Section 14-13.01 of the School Code), |
Disabled Student Transportation Reimbursement (Section |
14-13.01 of the School Code), Disabled Student Tuition - |
|
Private Tuition (Section 14-7.02 of the School Code), |
Extraordinary Special Education (Section 14-7.02b of the |
School Code), Reimbursement for Free Lunch/Breakfast Program, |
Summer School Payments (Section 18-4.3 of the School Code), |
and Transportation - Regular/Vocational Reimbursement (Section |
29-5 of the School Code). Such transfers shall be made only |
when the balance remaining in one or more such line item |
appropriations is insufficient for the purpose for which the |
appropriation was made and provided that no such transfer may |
be made unless the amount transferred is no longer required |
for the purpose for which that appropriation was made. |
The Department of Healthcare and Family Services is |
authorized to make transfers not exceeding 4% of the aggregate |
amount appropriated to it, within the same treasury fund, |
among the various line items appropriated for Medical |
Assistance. |
The Department of Central Management Services is |
authorized to make transfers not exceeding 2% of the aggregate |
amount appropriated to it, within the same treasury fund, from |
the various line items appropriated to the Department, into |
the following line item appropriations: auto liability claims |
and related expenses and payment of claims under the State |
Employee Indemnification Act. |
(c) The sum of such transfers for an agency in a fiscal |
year shall not
exceed 2% of the aggregate amount appropriated |
to it within the same treasury
fund for the following objects: |
|
Personal Services; Extra Help; Student and
Inmate |
Compensation; State Contributions to Retirement Systems; State
|
Contributions to Social Security; State Contribution for |
Employee Group
Insurance; Contractual Services; Travel; |
Commodities; Printing; Equipment;
Electronic Data Processing; |
Operation of Automotive Equipment;
Telecommunications |
Services; Travel and Allowance for Committed, Paroled
and |
Discharged Prisoners; Library Books; Federal Matching Grants |
for
Student Loans; Refunds; Workers' Compensation, |
Occupational Disease, and
Tort Claims; Late Interest Penalties |
under the State Prompt Payment Act and Sections 368a and 370a |
of the Illinois Insurance Code; and, in appropriations to |
institutions of higher education,
Awards and Grants. |
Notwithstanding the above, any amounts appropriated for
|
payment of workers' compensation claims to an agency to which |
the authority
to evaluate, administer and pay such claims has |
been delegated by the
Department of Central Management |
Services may be transferred to any other
expenditure object |
where such amounts exceed the amount necessary for the
payment |
of such claims. |
(c-1) (Blank). |
(c-2) (Blank).
|
(c-3) (Blank). |
(c-4) (Blank). |
(c-5) (Blank). |
(c-6) (Blank). |
|
(c-7) (Blank). Special provisions for State fiscal year |
2021. Notwithstanding any other provision of this Section, for |
State fiscal year 2021, transfers among line item |
appropriations to a State agency from the same State treasury |
fund may be made for operational or lump sum expenses only, |
provided that the sum of such transfers for a State agency in |
State fiscal year 2021 shall not exceed 8% of the aggregate |
amount appropriated to that State agency for operational or |
lump sum expenses for State fiscal year 2021. For the purpose |
of this subsection, "operational or lump sum expenses" |
includes the following objects: personal services; extra help; |
student and inmate compensation; State contributions to |
retirement systems; State contributions to social security; |
State contributions for employee group insurance; contractual |
services; travel; commodities; printing; equipment; electronic |
data processing; operation of automotive equipment; |
telecommunications services; travel and allowance for |
committed, paroled, and discharged prisoners; library books; |
federal matching grants for student loans; refunds; workers' |
compensation, occupational disease, and tort claims; Late |
Interest Penalties under the State Prompt Payment Act and |
Sections 368a and 370a of the Illinois Insurance Code; lump |
sum and other purposes; and lump sum operations. For the |
purpose of this subsection, "State agency" does not include |
the Attorney General, the Secretary of State, the Comptroller, |
the Treasurer, or the judicial or legislative branches. |
|
(c-8) Special provisions for State fiscal year 2022. |
Notwithstanding any other provision of this Section, for State |
fiscal year 2022, transfers among line item appropriations to |
a State agency from the same State treasury fund may be made |
for operational or lump sum expenses only, provided that the |
sum of such transfers for a State agency in State fiscal year |
2022 shall not exceed 4% of the aggregate amount appropriated |
to that State agency for operational or lump sum expenses for |
State fiscal year 2022. For the purpose of this subsection, |
"operational or lump sum expenses" includes the following |
objects: personal services; extra help; student and inmate |
compensation; State contributions to retirement systems; State |
contributions to social security; State contributions for |
employee group insurance; contractual services; travel; |
commodities; printing; equipment; electronic data processing; |
operation of automotive equipment; telecommunications |
services; travel and allowance for committed, paroled, and |
discharged prisoners; library books; federal matching grants |
for student loans; refunds; workers' compensation, |
occupational disease, and tort claims; Late Interest Penalties |
under the State Prompt Payment Act and Sections 368a and 370a |
of the Illinois Insurance Code; lump sum and other purposes; |
and lump sum operations. For the purpose of this subsection, |
"State agency" does not include the Attorney General, the |
Secretary of State, the Comptroller, the Treasurer, or the |
judicial or legislative branches. |
|
(c-9) Special provisions for State fiscal year 2023. |
Notwithstanding any other provision of this Section, for State |
fiscal year 2023, transfers among line item appropriations to |
a State agency from the same State treasury fund may be made |
for operational or lump sum expenses only, provided that the |
sum of such transfers for a State agency in State fiscal year |
2023 shall not exceed 4% of the aggregate amount appropriated |
to that State agency for operational or lump sum expenses for |
State fiscal year 2023. For the purpose of this subsection, |
"operational or lump sum expenses" includes the following |
objects: personal services; extra help; student and inmate |
compensation; State contributions to retirement systems; State |
contributions to social security; State contributions for |
employee group insurance; contractual services; travel; |
commodities; printing; equipment; electronic data processing; |
operation of automotive equipment; telecommunications |
services; travel and allowance for committed, paroled, and |
discharged prisoners; library books; federal matching grants |
for student loans; refunds; workers' compensation, |
occupational disease, and tort claims; late interest penalties |
under the State Prompt Payment Act and Sections 368a and 370a |
of the Illinois Insurance Code; lump sum and other purposes; |
and lump sum operations. For the purpose of this subsection, |
"State agency" does not include the Attorney General, the |
Secretary of State, the Comptroller, the Treasurer, or the |
judicial or legislative branches. |
|
(d) Transfers among appropriations made to agencies of the |
Legislative
and Judicial departments and to the |
constitutionally elected officers in the
Executive branch |
require the approval of the officer authorized in Section 10
|
of this Act to approve and certify vouchers. Transfers among |
appropriations
made to the University of Illinois, Southern |
Illinois University, Chicago State
University, Eastern |
Illinois University, Governors State University, Illinois
|
State University, Northeastern Illinois University, Northern |
Illinois
University, Western Illinois University, the Illinois |
Mathematics and Science
Academy and the Board of Higher |
Education require the approval of the Board of
Higher |
Education and the Governor. Transfers among appropriations to |
all other
agencies require the approval of the Governor. |
The officer responsible for approval shall certify that |
the
transfer is necessary to carry out the programs and |
purposes for which
the appropriations were made by the General |
Assembly and shall transmit
to the State Comptroller a |
certified copy of the approval which shall
set forth the |
specific amounts transferred so that the Comptroller may
|
change his records accordingly. The Comptroller shall furnish |
the
Governor with information copies of all transfers approved |
for agencies
of the Legislative and Judicial departments and |
transfers approved by
the constitutionally elected officials |
of the Executive branch other
than the Governor, showing the |
amounts transferred and indicating the
dates such changes were |
|
entered on the Comptroller's records. |
(e) The State Board of Education, in consultation with the |
State Comptroller, may transfer line item appropriations for |
General State Aid or Evidence-Based Funding among the Common |
School Fund and the Education Assistance Fund, and, for State |
fiscal year 2020 and each fiscal year thereafter, the Fund for |
the Advancement of Education. With the advice and consent of |
the Governor's Office of Management and Budget, the State |
Board of Education, in consultation with the State |
Comptroller, may transfer line item appropriations between the |
General Revenue Fund and the Education Assistance Fund for the |
following programs: |
(1) Disabled Student Personnel Reimbursement (Section |
14-13.01 of the School Code); |
(2) Disabled Student Transportation Reimbursement |
(subsection (b) of Section 14-13.01 of the School Code); |
(3) Disabled Student Tuition - Private Tuition |
(Section 14-7.02 of the School Code); |
(4) Extraordinary Special Education (Section 14-7.02b |
of the School Code); |
(5) Reimbursement for Free Lunch/Breakfast Programs; |
(6) Summer School Payments (Section 18-4.3 of the |
School Code); |
(7) Transportation - Regular/Vocational Reimbursement |
(Section 29-5 of the School Code); |
(8) Regular Education Reimbursement (Section 18-3 of |
|
the School Code); and |
(9) Special Education Reimbursement (Section 14-7.03 |
of the School Code). |
(f) For State fiscal year 2020 and each fiscal year |
thereafter, the Department on Aging, in consultation with the |
State Comptroller, with the advice and consent of the |
Governor's Office of Management and Budget, may transfer line |
item appropriations for purchase of services covered by the |
Community Care Program between the General Revenue Fund and |
the Commitment to Human Services Fund. |
(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; |
101-275, eff. 8-9-19; 101-636, eff. 6-10-20; 102-16, eff. |
6-17-21.)
|
(30 ILCS 105/24.2) (from Ch. 127, par. 160.2)
|
Sec. 24.2.
The item "operation of automotive equipment", |
when used in an
appropriation act, means and includes all |
expenditures incurred in the
operation, maintenance and repair |
of automotive equipment, including
expenditures for motor |
fuel, tires, oil, electric vehicle batteries, electric vehicle |
components, electric vehicle diagnostic tools, repair parts , |
and other articles
which, except for the operation of this |
Section section , would be classified as
"commodities" or |
"contractual services", but not including expenditures
for the |
purchase or rental of equipment.
|
(Source: P.A. 84-428.)
|
|
(30 ILCS 105/25) (from Ch. 127, par. 161)
|
Sec. 25. Fiscal year limitations.
|
(a) All appropriations shall be
available for expenditure |
for the fiscal year or for a lesser period if the
Act making |
that appropriation so specifies. A deficiency or emergency
|
appropriation shall be available for expenditure only through |
June 30 of
the year when the Act making that appropriation is |
enacted unless that Act
otherwise provides.
|
(b) Outstanding liabilities as of June 30, payable from |
appropriations
which have otherwise expired, may be paid out |
of the expiring
appropriations during the 2-month period |
ending at the
close of business on August 31. Any service |
involving
professional or artistic skills or any personal |
services by an employee whose
compensation is subject to |
income tax withholding must be performed as of June
30 of the |
fiscal year in order to be considered an "outstanding |
liability as of
June 30" that is thereby eligible for payment |
out of the expiring
appropriation.
|
(b-1) However, payment of tuition reimbursement claims |
under Section 14-7.03 or
18-3 of the School Code may be made by |
the State Board of Education from its
appropriations for those |
respective purposes for any fiscal year, even though
the |
claims reimbursed by the payment may be claims attributable to |
a prior
fiscal year, and payments may be made at the direction |
of the State
Superintendent of Education from the fund from |
|
which the appropriation is made
without regard to any fiscal |
year limitations, except as required by subsection (j) of this |
Section. Beginning on June 30, 2021, payment of tuition |
reimbursement claims under Section 14-7.03 or 18-3 of the |
School Code as of June 30, payable from appropriations that |
have otherwise expired, may be paid out of the expiring |
appropriation during the 4-month period ending at the close of |
business on October 31.
|
(b-2) (Blank). |
(b-2.5) (Blank). |
(b-2.6) (Blank). |
(b-2.6a) (Blank). |
(b-2.6b) (Blank). |
(b-2.6c) (Blank). |
(b-2.6d) All outstanding liabilities as of June 30, 2020, |
payable from appropriations that would otherwise expire at the |
conclusion of the lapse period for fiscal year 2020, and |
interest penalties payable on those liabilities under the |
State Prompt Payment Act, may be paid out of the expiring |
appropriations until December 31, 2020, without regard to the |
fiscal year in which the payment is made, as long as vouchers |
for the liabilities are received by the Comptroller no later |
than September 30, 2020. |
(b-2.6e) All outstanding liabilities as of June 30, 2021, |
payable from appropriations that would otherwise expire at the |
conclusion of the lapse period for fiscal year 2021, and |
|
interest penalties payable on those liabilities under the |
State Prompt Payment Act, may be paid out of the expiring |
appropriations until September 30, 2021, without regard to the |
fiscal year in which the payment is made. |
(b-2.7) For fiscal years 2012, 2013, 2014, 2018, 2019, |
2020, 2021, and 2022, and 2023, interest penalties payable |
under the State Prompt Payment Act associated with a voucher |
for which payment is issued after June 30 may be paid out of |
the next fiscal year's appropriation. The future year |
appropriation must be for the same purpose and from the same |
fund as the original payment. An interest penalty voucher |
submitted against a future year appropriation must be |
submitted within 60 days after the issuance of the associated |
voucher, except that, for fiscal year 2018 only, an interest |
penalty voucher submitted against a future year appropriation |
must be submitted within 60 days of June 5, 2019 (the effective |
date of Public Act 101-10). The Comptroller must issue the |
interest payment within 60 days after acceptance of the |
interest voucher. |
(b-3) Medical payments may be made by the Department of |
Veterans' Affairs from
its
appropriations for those purposes |
for any fiscal year, without regard to the
fact that the |
medical services being compensated for by such payment may |
have
been rendered in a prior fiscal year, except as required |
by subsection (j) of this Section. Beginning on June 30, 2021, |
medical payments payable from appropriations that have |
|
otherwise expired may be paid out of the expiring |
appropriation during the 4-month period ending at the close of |
business on October 31.
|
(b-4) Medical payments and child care
payments may be made |
by the Department of
Human Services (as successor to the |
Department of Public Aid) from
appropriations for those |
purposes for any fiscal year,
without regard to the fact that |
the medical or child care services being
compensated for by |
such payment may have been rendered in a prior fiscal
year; and |
payments may be made at the direction of the Department of
|
Healthcare and Family Services (or successor agency) from the |
Health Insurance Reserve Fund without regard to any fiscal
|
year limitations, except as required by subsection (j) of this |
Section. Beginning on June 30, 2021, medical and child care |
payments made by the Department of Human Services and payments |
made at the discretion of the Department of Healthcare and |
Family Services (or successor agency) from the Health |
Insurance Reserve Fund and payable from appropriations that |
have otherwise expired may be paid out of the expiring |
appropriation during the 4-month period ending at the close of |
business on October 31.
|
(b-5) Medical payments may be made by the Department of |
Human Services from its appropriations relating to substance |
abuse treatment services for any fiscal year, without regard |
to the fact that the medical services being compensated for by |
such payment may have been rendered in a prior fiscal year, |
|
provided the payments are made on a fee-for-service basis |
consistent with requirements established for Medicaid |
reimbursement by the Department of Healthcare and Family |
Services, except as required by subsection (j) of this |
Section. Beginning on June 30, 2021, medical payments made by |
the Department of Human Services relating to substance abuse |
treatment services payable from appropriations that have |
otherwise expired may be paid out of the expiring |
appropriation during the 4-month period ending at the close of |
business on October 31. |
(b-6) (Blank).
|
(b-7) Payments may be made in accordance with a plan |
authorized by paragraph (11) or (12) of Section 405-105 of the |
Department of Central Management Services Law from |
appropriations for those payments without regard to fiscal |
year limitations. |
(b-8) Reimbursements to eligible airport sponsors for the |
construction or upgrading of Automated Weather Observation |
Systems may be made by the Department of Transportation from |
appropriations for those purposes for any fiscal year, without |
regard to the fact that the qualification or obligation may |
have occurred in a prior fiscal year, provided that at the time |
the expenditure was made the project had been approved by the |
Department of Transportation prior to June 1, 2012 and, as a |
result of recent changes in federal funding formulas, can no |
longer receive federal reimbursement. |
|
(b-9) (Blank). |
(c) Further, payments may be made by the Department of |
Public Health and the
Department of Human Services (acting as |
successor to the Department of Public
Health under the |
Department of Human Services Act)
from their respective |
appropriations for grants for medical care to or on
behalf of |
premature and high-mortality risk infants and their mothers |
and
for grants for supplemental food supplies provided under |
the United States
Department of Agriculture Women, Infants and |
Children Nutrition Program,
for any fiscal year without regard |
to the fact that the services being
compensated for by such |
payment may have been rendered in a prior fiscal year, except |
as required by subsection (j) of this Section. Beginning on |
June 30, 2021, payments made by the Department of Public |
Health and the Department of Human Services from their |
respective appropriations for grants for medical care to or on |
behalf of premature and high-mortality risk infants and their |
mothers and for grants for supplemental food supplies provided |
under the United States Department of Agriculture Women, |
Infants and Children Nutrition Program payable from |
appropriations that have otherwise expired may be paid out of |
the expiring appropriations during the 4-month period ending |
at the close of business on October 31.
|
(d) The Department of Public Health and the Department of |
Human Services
(acting as successor to the Department of |
Public Health under the Department of
Human Services Act) |
|
shall each annually submit to the State Comptroller, Senate
|
President, Senate
Minority Leader, Speaker of the House, House |
Minority Leader, and the
respective Chairmen and Minority |
Spokesmen of the
Appropriations Committees of the Senate and |
the House, on or before
December 31, a report of fiscal year |
funds used to pay for services
provided in any prior fiscal |
year. This report shall document by program or
service |
category those expenditures from the most recently completed |
fiscal
year used to pay for services provided in prior fiscal |
years.
|
(e) The Department of Healthcare and Family Services, the |
Department of Human Services
(acting as successor to the |
Department of Public Aid), and the Department of Human |
Services making fee-for-service payments relating to substance |
abuse treatment services provided during a previous fiscal |
year shall each annually
submit to the State
Comptroller, |
Senate President, Senate Minority Leader, Speaker of the |
House,
House Minority Leader, the respective Chairmen and |
Minority Spokesmen of the
Appropriations Committees of the |
Senate and the House, on or before November
30, a report that |
shall document by program or service category those
|
expenditures from the most recently completed fiscal year used |
to pay for (i)
services provided in prior fiscal years and (ii) |
services for which claims were
received in prior fiscal years.
|
(f) The Department of Human Services (as successor to the |
Department of
Public Aid) shall annually submit to the State
|
|
Comptroller, Senate President, Senate Minority Leader, Speaker |
of the House,
House Minority Leader, and the respective |
Chairmen and Minority Spokesmen of
the Appropriations |
Committees of the Senate and the House, on or before
December |
31, a report
of fiscal year funds used to pay for services |
(other than medical care)
provided in any prior fiscal year. |
This report shall document by program or
service category |
those expenditures from the most recently completed fiscal
|
year used to pay for services provided in prior fiscal years.
|
(g) In addition, each annual report required to be |
submitted by the
Department of Healthcare and Family Services |
under subsection (e) shall include the following
information |
with respect to the State's Medicaid program:
|
(1) Explanations of the exact causes of the variance |
between the previous
year's estimated and actual |
liabilities.
|
(2) Factors affecting the Department of Healthcare and |
Family Services' liabilities,
including, but not limited |
to, numbers of aid recipients, levels of medical
service |
utilization by aid recipients, and inflation in the cost |
of medical
services.
|
(3) The results of the Department's efforts to combat |
fraud and abuse.
|
(h) As provided in Section 4 of the General Assembly |
Compensation Act,
any utility bill for service provided to a |
General Assembly
member's district office for a period |
|
including portions of 2 consecutive
fiscal years may be paid |
from funds appropriated for such expenditure in
either fiscal |
year.
|
(i) An agency which administers a fund classified by the |
Comptroller as an
internal service fund may issue rules for:
|
(1) billing user agencies in advance for payments or |
authorized inter-fund transfers
based on estimated charges |
for goods or services;
|
(2) issuing credits, refunding through inter-fund |
transfers, or reducing future inter-fund transfers
during
|
the subsequent fiscal year for all user agency payments or |
authorized inter-fund transfers received during the
prior |
fiscal year which were in excess of the final amounts owed |
by the user
agency for that period; and
|
(3) issuing catch-up billings to user agencies
during |
the subsequent fiscal year for amounts remaining due when |
payments or authorized inter-fund transfers
received from |
the user agency during the prior fiscal year were less |
than the
total amount owed for that period.
|
User agencies are authorized to reimburse internal service |
funds for catch-up
billings by vouchers drawn against their |
respective appropriations for the
fiscal year in which the |
catch-up billing was issued or by increasing an authorized |
inter-fund transfer during the current fiscal year. For the |
purposes of this Act, "inter-fund transfers" means transfers |
without the use of the voucher-warrant process, as authorized |
|
by Section 9.01 of the State Comptroller Act.
|
(i-1) Beginning on July 1, 2021, all outstanding |
liabilities, not payable during the 4-month lapse period as |
described in subsections (b-1), (b-3), (b-4), (b-5), and (c) |
of this Section, that are made from appropriations for that |
purpose for any fiscal year, without regard to the fact that |
the services being compensated for by those payments may have |
been rendered in a prior fiscal year, are limited to only those |
claims that have been incurred but for which a proper bill or |
invoice as defined by the State Prompt Payment Act has not been |
received by September 30th following the end of the fiscal |
year in which the service was rendered. |
(j) Notwithstanding any other provision of this Act, the |
aggregate amount of payments to be made without regard for |
fiscal year limitations as contained in subsections (b-1), |
(b-3), (b-4), (b-5), and (c) of this Section, and determined |
by using Generally Accepted Accounting Principles, shall not |
exceed the following amounts: |
(1) $6,000,000,000 for outstanding liabilities related |
to fiscal year 2012; |
(2) $5,300,000,000 for outstanding liabilities related |
to fiscal year 2013; |
(3) $4,600,000,000 for outstanding liabilities related |
to fiscal year 2014; |
(4) $4,000,000,000 for outstanding liabilities related |
to fiscal year 2015; |
|
(5) $3,300,000,000 for outstanding liabilities related |
to fiscal year 2016; |
(6) $2,600,000,000 for outstanding liabilities related |
to fiscal year 2017; |
(7) $2,000,000,000 for outstanding liabilities related |
to fiscal year 2018; |
(8) $1,300,000,000 for outstanding liabilities related |
to fiscal year 2019; |
(9) $600,000,000 for outstanding liabilities related |
to fiscal year 2020; and |
(10) $0 for outstanding liabilities related to fiscal |
year 2021 and fiscal years thereafter. |
(k) Department of Healthcare and Family Services Medical |
Assistance Payments. |
(1) Definition of Medical Assistance. |
For purposes of this subsection, the term "Medical |
Assistance" shall include, but not necessarily be |
limited to, medical programs and services authorized |
under Titles XIX and XXI of the Social Security Act, |
the Illinois Public Aid Code, the Children's Health |
Insurance Program Act, the Covering ALL KIDS Health |
Insurance Act, the Long Term Acute Care Hospital |
Quality Improvement Transfer Program Act, and medical |
care to or on behalf of persons suffering from chronic |
renal disease, persons suffering from hemophilia, and |
victims of sexual assault. |
|
(2) Limitations on Medical Assistance payments that |
may be paid from future fiscal year appropriations. |
(A) The maximum amounts of annual unpaid Medical |
Assistance bills received and recorded by the |
Department of Healthcare and Family Services on or |
before June 30th of a particular fiscal year |
attributable in aggregate to the General Revenue Fund, |
Healthcare Provider Relief Fund, Tobacco Settlement |
Recovery Fund, Long-Term Care Provider Fund, and the |
Drug Rebate Fund that may be paid in total by the |
Department from future fiscal year Medical Assistance |
appropriations to those funds are:
$700,000,000 for |
fiscal year 2013 and $100,000,000 for fiscal year 2014 |
and each fiscal year thereafter. |
(B) Bills for Medical Assistance services rendered |
in a particular fiscal year, but received and recorded |
by the Department of Healthcare and Family Services |
after June 30th of that fiscal year, may be paid from |
either appropriations for that fiscal year or future |
fiscal year appropriations for Medical Assistance. |
Such payments shall not be subject to the requirements |
of subparagraph (A). |
(C) Medical Assistance bills received by the |
Department of Healthcare and Family Services in a |
particular fiscal year, but subject to payment amount |
adjustments in a future fiscal year may be paid from a |
|
future fiscal year's appropriation for Medical |
Assistance. Such payments shall not be subject to the |
requirements of subparagraph (A). |
(D) Medical Assistance payments made by the |
Department of Healthcare and Family Services from |
funds other than those specifically referenced in |
subparagraph (A) may be made from appropriations for |
those purposes for any fiscal year without regard to |
the fact that the Medical Assistance services being |
compensated for by such payment may have been rendered |
in a prior fiscal year. Such payments shall not be |
subject to the requirements of subparagraph (A). |
(3) Extended lapse period for Department of Healthcare |
and Family Services Medical Assistance payments. |
Notwithstanding any other State law to the contrary, |
outstanding Department of Healthcare and Family Services |
Medical Assistance liabilities, as of June 30th, payable |
from appropriations which have otherwise expired, may be |
paid out of the expiring appropriations during the 4-month |
period ending at the close of business on October 31st. |
(l) The changes to this Section made by Public Act 97-691 |
shall be effective for payment of Medical Assistance bills |
incurred in fiscal year 2013 and future fiscal years. The |
changes to this Section made by Public Act 97-691 shall not be |
applied to Medical Assistance bills incurred in fiscal year |
2012 or prior fiscal years. |
|
(m) The Comptroller must issue payments against |
outstanding liabilities that were received prior to the lapse |
period deadlines set forth in this Section as soon thereafter |
as practical, but no payment may be issued after the 4 months |
following the lapse period deadline without the signed |
authorization of the Comptroller and the Governor. |
(Source: P.A. 101-10, eff. 6-5-19; 101-275, eff. 8-9-19; |
101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-291, eff. |
8-6-21; revised 9-28-21.)
|
Section 5-40. The State Revenue Sharing Act is amended by |
changing Section 12 as follows:
|
(30 ILCS 115/12) (from Ch. 85, par. 616)
|
Sec. 12. Personal Property Tax Replacement Fund. There is |
hereby
created the Personal Property Tax Replacement Fund, a |
special fund in
the State Treasury into which shall be paid all |
revenue realized:
|
(a) all amounts realized from the additional personal |
property tax
replacement income tax imposed by subsections |
(c) and (d) of Section 201 of the
Illinois Income Tax Act, |
except for those amounts deposited into the Income Tax
|
Refund Fund pursuant to subsection (c) of Section 901 of |
the Illinois Income
Tax Act; and
|
(b) all amounts realized from the additional personal |
property replacement
invested capital taxes imposed by |
|
Section 2a.1 of the Messages Tax
Act, Section 2a.1 of the |
Gas Revenue Tax Act, Section 2a.1 of the Public
Utilities |
Revenue Act, and Section 3 of the Water Company Invested |
Capital
Tax Act, and amounts payable to the Department of |
Revenue under the
Telecommunications Infrastructure |
Maintenance Fee Act.
|
As soon as may be after the end of each month, the |
Department of Revenue
shall certify to the Treasurer and the |
Comptroller the amount of all refunds
paid out of the General |
Revenue Fund through the preceding month on account
of |
overpayment of liability on taxes paid into the Personal |
Property Tax
Replacement Fund. Upon receipt of such |
certification, the Treasurer and
the Comptroller shall |
transfer the amount so certified from the Personal
Property |
Tax Replacement Fund into the General Revenue Fund.
|
The payments of revenue into the Personal Property Tax |
Replacement Fund
shall be used exclusively for distribution to |
taxing districts, regional offices and officials, and local |
officials as provided
in this Section and in the School Code, |
payment of the ordinary and contingent expenses of the |
Property Tax Appeal Board, payment of the expenses of the |
Department of Revenue incurred
in administering the collection |
and distribution of monies paid into the
Personal Property Tax |
Replacement Fund and transfers due to refunds to
taxpayers for |
overpayment of liability for taxes paid into the Personal
|
Property Tax Replacement Fund.
|
|
In addition, moneys in the Personal Property Tax
|
Replacement Fund may be used to pay any of the following: (i) |
salary, stipends, and additional compensation as provided by |
law for chief election clerks, county clerks, and county |
recorders; (ii) costs associated with regional offices of |
education and educational service centers; (iii) |
reimbursements payable by the State Board of Elections under |
Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the |
Election Code; (iv) expenses of the Illinois Educational Labor |
Relations Board; and (v) salary, personal services, and |
additional compensation as provided by law for court reporters |
under the Court Reporters Act. |
As soon as may be after June 26, 1980 (the effective date |
of Public Act 81-1255),
the Department of Revenue shall |
certify to the Treasurer the amount of net
replacement revenue |
paid into the General Revenue Fund prior to that effective
|
date from the additional tax imposed by Section 2a.1 of the |
Messages Tax
Act; Section 2a.1 of the Gas Revenue Tax Act; |
Section 2a.1 of the Public
Utilities Revenue Act; Section 3 of |
the Water Company Invested Capital Tax Act;
amounts collected |
by the Department of Revenue under the Telecommunications |
Infrastructure Maintenance Fee Act; and the
additional |
personal
property tax replacement income tax imposed by
the |
Illinois Income Tax Act, as amended by Public
Act 81-1st |
Special Session-1. Net replacement revenue shall be defined as
|
the total amount paid into and remaining in the General |
|
Revenue Fund as a
result of those Acts minus the amount |
outstanding and obligated from the
General Revenue Fund in |
state vouchers or warrants prior to June 26, 1980 (the |
effective
date of Public Act 81-1255) as refunds to taxpayers |
for overpayment
of liability under those Acts.
|
All interest earned by monies accumulated in the Personal |
Property
Tax Replacement Fund shall be deposited in such Fund. |
All amounts allocated
pursuant to this Section are |
appropriated on a continuing basis.
|
Prior to December 31, 1980, as soon as may be after the end |
of each quarter
beginning with the quarter ending December 31, |
1979, and on and after
December 31, 1980, as soon as may be |
after January 1, March 1, April 1, May
1, July 1, August 1, |
October 1 and December 1 of each year, the Department
of |
Revenue shall allocate to each taxing district as defined in |
Section 1-150
of the Property Tax Code, in accordance with
the |
provisions of paragraph (2) of this Section the portion of the |
funds held
in the Personal Property Tax Replacement Fund which |
is required to be
distributed, as provided in paragraph (1), |
for each quarter. Provided,
however, under no circumstances |
shall any taxing district during each of the
first two years of |
distribution of the taxes imposed by Public Act 81-1st Special |
Session-1 be entitled to an annual allocation which is less |
than the funds such
taxing district collected from the 1978 |
personal property tax. Provided further
that under no |
circumstances shall any taxing district during the third year |
|
of
distribution of the taxes imposed by Public Act 81-1st |
Special Session-1 receive less
than 60% of the funds such |
taxing district collected from the 1978 personal
property tax. |
In the event that the total of the allocations made as above
|
provided for all taxing districts, during either of such 3 |
years, exceeds the
amount available for distribution the |
allocation of each taxing district shall
be proportionately |
reduced. Except as provided in Section 13 of this Act, the
|
Department shall then certify, pursuant to appropriation, such |
allocations to
the State Comptroller who shall pay over to the |
several taxing districts the
respective amounts allocated to |
them.
|
Any township which receives an allocation based in whole |
or in part upon
personal property taxes which it levied |
pursuant to Section 6-507 or 6-512
of the Illinois Highway |
Code and which was previously
required to be paid
over to a |
municipality shall immediately pay over to that municipality a
|
proportionate share of the personal property replacement funds |
which such
township receives.
|
Any municipality or township, other than a municipality |
with a population
in excess of 500,000, which receives an |
allocation based in whole or in
part on personal property |
taxes which it levied pursuant to Sections 3-1,
3-4 and 3-6 of |
the Illinois Local Library Act and which was
previously
|
required to be paid over to a public library shall immediately |
pay over
to that library a proportionate share of the personal |
|
property tax replacement
funds which such municipality or |
township receives; provided that if such
a public library has |
converted to a library organized under the Illinois
Public |
Library District Act, regardless of whether such conversion |
has
occurred on, after or before January 1, 1988, such |
proportionate share
shall be immediately paid over to the |
library district which maintains and
operates the library. |
However, any library that has converted prior to January
1, |
1988, and which hitherto has not received the personal |
property tax
replacement funds, shall receive such funds |
commencing on January 1, 1988.
|
Any township which receives an allocation based in whole |
or in part on
personal property taxes which it levied pursuant |
to Section 1c of the Public
Graveyards Act and which taxes were |
previously required to be paid
over to or used for such public |
cemetery or cemeteries shall immediately
pay over to or use |
for such public cemetery or cemeteries a proportionate
share |
of the personal property tax replacement funds which the |
township
receives.
|
Any taxing district which receives an allocation based in |
whole or in
part upon personal property taxes which it levied |
for another
governmental body or school district in Cook |
County in 1976 or for
another governmental body or school |
district in the remainder of the
State in 1977 shall |
immediately pay over to that governmental body or
school |
district the amount of personal property replacement funds |
|
which
such governmental body or school district would receive |
directly under
the provisions of paragraph (2) of this |
Section, had it levied its own
taxes.
|
(1) The portion of the Personal Property Tax |
Replacement Fund required to
be
distributed as of the time |
allocation is required to be made shall be the
amount |
available in such Fund as of the time allocation is |
required to be made.
|
The amount available for distribution shall be the |
total amount in the
fund at such time minus the necessary |
administrative and other authorized expenses as limited
by |
the appropriation and the amount determined by: (a) $2.8 |
million for
fiscal year 1981; (b) for fiscal year 1982, |
.54% of the funds distributed
from the fund during the |
preceding fiscal year; (c) for fiscal year 1983
through |
fiscal year 1988, .54% of the funds distributed from the |
fund during
the preceding fiscal year less .02% of such |
fund for fiscal year 1983 and
less .02% of such funds for |
each fiscal year thereafter; (d) for fiscal
year 1989 |
through fiscal year 2011 no more than 105% of the actual |
administrative expenses
of the prior fiscal year; (e) for |
fiscal year 2012 and beyond, a sufficient amount to pay |
(i) stipends, additional compensation, salary |
reimbursements, and other amounts directed to be paid out |
of this Fund for local officials as authorized or required |
by statute and (ii) the ordinary and contingent expenses |
|
of the Property Tax Appeal Board and the expenses of the |
Department of Revenue incurred in administering the |
collection and distribution of moneys paid into the Fund; |
(f) for fiscal years 2012 and 2013 only, a sufficient |
amount to pay stipends, additional compensation, salary |
reimbursements, and other amounts directed to be paid out |
of this Fund for regional offices and officials as |
authorized or required by statute; or (g) for fiscal years |
2018 through 2023 2022 only, a sufficient amount to pay |
amounts directed to be paid out of this Fund for public |
community college base operating grants and local health |
protection grants to certified local health departments as |
authorized or required by appropriation or statute. Such |
portion of the fund shall be determined after
the transfer |
into the General Revenue Fund due to refunds, if any, paid
|
from the General Revenue Fund during the preceding |
quarter. If at any time,
for any reason, there is |
insufficient amount in the Personal Property
Tax |
Replacement Fund for payments for regional offices and |
officials or local officials or payment of costs of |
administration or for transfers
due to refunds at the end |
of any particular month, the amount of such
insufficiency |
shall be carried over for the purposes of payments for |
regional offices and officials, local officials, transfers |
into the
General Revenue Fund, and costs of administration |
to the
following month or months. Net replacement revenue |
|
held, and defined above,
shall be transferred by the |
Treasurer and Comptroller to the Personal Property
Tax |
Replacement Fund within 10 days of such certification.
|
(2) Each quarterly allocation shall first be |
apportioned in the
following manner: 51.65% for taxing |
districts in Cook County and 48.35%
for taxing districts |
in the remainder of the State.
|
The Personal Property Replacement Ratio of each taxing |
district
outside Cook County shall be the ratio which the Tax |
Base of that taxing
district bears to the Downstate Tax Base. |
The Tax Base of each taxing
district outside of Cook County is |
the personal property tax collections
for that taxing district |
for the 1977 tax year. The Downstate Tax Base
is the personal |
property tax collections for all taxing districts in the
State |
outside of Cook County for the 1977 tax year. The Department of
|
Revenue shall have authority to review for accuracy and |
completeness the
personal property tax collections for each |
taxing district outside Cook
County for the 1977 tax year.
|
The Personal Property Replacement Ratio of each Cook |
County taxing
district shall be the ratio which the Tax Base of |
that taxing district
bears to the Cook County Tax Base. The Tax |
Base of each Cook County
taxing district is the personal |
property tax collections for that taxing
district for the 1976 |
tax year. The Cook County Tax Base is the
personal property tax |
collections for all taxing districts in Cook
County for the |
1976 tax year. The Department of Revenue shall have
authority |
|
to review for accuracy and completeness the personal property |
tax
collections for each taxing district within Cook County |
for the 1976 tax year.
|
For all purposes of this Section 12, amounts paid to a |
taxing district
for such tax years as may be applicable by a |
foreign corporation under the
provisions of Section 7-202 of |
the Public Utilities Act, as amended,
shall be deemed to be |
personal property taxes collected by such taxing district
for |
such tax years as may be applicable. The Director shall |
determine from the
Illinois Commerce Commission, for any tax |
year as may be applicable, the
amounts so paid by any such |
foreign corporation to any and all taxing
districts. The |
Illinois Commerce Commission shall furnish such information to
|
the Director. For all purposes of this Section 12, the |
Director shall deem such
amounts to be collected personal |
property taxes of each such taxing district
for the applicable |
tax year or years.
|
Taxing districts located both in Cook County and in one or |
more other
counties shall receive both a Cook County |
allocation and a Downstate
allocation determined in the same |
way as all other taxing districts.
|
If any taxing district in existence on July 1, 1979 ceases |
to exist,
or discontinues its operations, its Tax Base shall |
thereafter be deemed
to be zero. If the powers, duties and |
obligations of the discontinued
taxing district are assumed by |
another taxing district, the Tax Base of
the discontinued |
|
taxing district shall be added to the Tax Base of the
taxing |
district assuming such powers, duties and obligations.
|
If two or more taxing districts in existence on July 1, |
1979, or a
successor or successors thereto shall consolidate |
into one taxing
district, the Tax Base of such consolidated |
taxing district shall be the
sum of the Tax Bases of each of |
the taxing districts which have consolidated.
|
If a single taxing district in existence on July 1, 1979, |
or a
successor or successors thereto shall be divided into two |
or more
separate taxing districts, the tax base of the taxing |
district so
divided shall be allocated to each of the |
resulting taxing districts in
proportion to the then current |
equalized assessed value of each resulting
taxing district.
|
If a portion of the territory of a taxing district is |
disconnected
and annexed to another taxing district of the |
same type, the Tax Base of
the taxing district from which |
disconnection was made shall be reduced
in proportion to the |
then current equalized assessed value of the disconnected
|
territory as compared with the then current equalized assessed |
value within the
entire territory of the taxing district prior |
to disconnection, and the
amount of such reduction shall be |
added to the Tax Base of the taxing
district to which |
annexation is made.
|
If a community college district is created after July 1, |
1979,
beginning on January 1, 1996 (the effective date of |
Public Act 89-327), its Tax Base
shall be 3.5% of the sum of |
|
the personal property tax collected for the
1977 tax year |
within the territorial jurisdiction of the district.
|
The amounts allocated and paid to taxing districts |
pursuant to
the provisions of Public Act 81-1st Special |
Session-1 shall be deemed to be
substitute revenues for the |
revenues derived from taxes imposed on
personal property |
pursuant to the provisions of the "Revenue Act of
1939" or "An |
Act for the assessment and taxation of private car line
|
companies", approved July 22, 1943, as amended, or Section 414 |
of the
Illinois Insurance Code, prior to the abolition of such |
taxes and shall
be used for the same purposes as the revenues |
derived from ad valorem
taxes on real estate.
|
Monies received by any taxing districts from the Personal |
Property
Tax Replacement Fund shall be first applied toward |
payment of the proportionate
amount of debt service which was |
previously levied and collected from
extensions against |
personal property on bonds outstanding as of December 31,
1978 |
and next applied toward payment of the proportionate share of |
the pension
or retirement obligations of the taxing district |
which were previously levied
and collected from extensions |
against personal property. For each such
outstanding bond |
issue, the County Clerk shall determine the percentage of the
|
debt service which was collected from extensions against real |
estate in the
taxing district for 1978 taxes payable in 1979, |
as related to the total amount
of such levies and collections |
from extensions against both real and personal
property. For |
|
1979 and subsequent years' taxes, the County Clerk shall levy
|
and extend taxes against the real estate of each taxing |
district which will
yield the said percentage or percentages |
of the debt service on such
outstanding bonds. The balance of |
the amount necessary to fully pay such debt
service shall |
constitute a first and prior lien upon the monies
received by |
each such taxing district through the Personal Property Tax
|
Replacement Fund and shall be first applied or set aside for |
such purpose.
In counties having fewer than 3,000,000 |
inhabitants, the amendments to
this paragraph as made by |
Public Act 81-1255 shall be first
applicable to 1980 taxes to |
be collected in 1981.
|
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
102-16, eff. 6-17-21.)
|
Section 5-47. The Agricultural Fair Act is amended by |
changing Sections 5, 6, 10, and 13 as follows:
|
(30 ILCS 120/5) (from Ch. 85, par. 655)
|
Sec. 5.
To qualify for disbursements made by
the
|
Department
from an appropriation made under provisions of this |
Act, each county fair
should notify the Department in writing |
of its declaration of intent to
participate by December 31 of |
the year preceding the year in which such
distribution shall |
be made. The DeWitt County Fair shall qualify for |
disbursements made by the Department from an appropriation |
|
made under the provisions of this Act in fiscal years 2022 and |
2023, subject to appropriation, and provided the DeWitt County |
Fair notifies the Department in writing of its declaration of |
intent to participate within 30 days after the effective date |
of this amendatory Act of the 102nd General Assembly. The |
notification shall state the following:
facts of its |
organization, location, officers, dates of exhibitions and
|
approximate amount of premiums to be offered.
|
(Source: P.A. 91-934, eff. 6-1-01.)
|
(30 ILCS 120/6) (from Ch. 85, par. 656)
|
Sec. 6.
After August 20, 1971, the General Assembly and |
the
Director shall approve the organization of new county |
fairs that shall
be established for the purpose of holding |
annual fairs, provided that an
element of such approval shall |
be an appropriation in a separate bill
authorizing such fairs' |
participation in the disbursements provided for
in this Act.
|
(Source: P.A. 81-159.)
|
(30 ILCS 120/10) (from Ch. 85, par. 660)
|
Sec. 10.
(a) Effective with fiscal year 1987, each county |
fair's authorized
base
shall be set at 66 2/3% of the approved |
amount of premium paid in either
fiscal year 1984 or 1985, |
whichever year has the largest approved amount.
The authorized |
base of the Gallatin, Montgomery and Massac county fairs for
|
fiscal
years 1987 and 1988 shall be $15,000 each. Subject to |
|
appropriation, the authorized base of the DeWitt County Fair |
for fiscal years 2022 and 2023 shall be $20,000 each. If there |
is a
change in the appropriation, the Director shall allocate |
to each fair the
same percentages of that appropriation as it |
received of the authorized
bases for all fairs.
|
(b) The Department shall reimburse each eligible county |
fair as follows:
|
100% of the
first $2,000 of approved premiums awarded at |
each eligible county fair;
|
85% of the next $2,000;
|
75% of the next $3,000;
|
65% of the next $3,000;
|
55% of the next $4,000; and
|
50% of the remaining premiums paid until the total |
reimbursement equals the
authorized base amount for each fair.
|
(c) If, after all approved state aid claims are paid for |
the current
year pursuant to subsection (b) of this Section, |
any amount remains in the
appropriations for state aid, that
|
remaining amount shall be distributed on a
grant basis. If the |
total amount of excess approved state aid claims over the
|
authorized
base is equal to or less than the remaining amount |
appropriated
for state aid, then each participating fair shall |
receive a grant equivalent
to the excess of its approved claim |
over its authorized base. If the total
amount
of excess |
approved state aid claims exceeds the remaining monies |
appropriated
for
state aid, the grants shall be distributed to |
|
the participating fairs in
proportion to the total amounts of |
their respective excess approved claims. If,
after all |
approved claims are paid, any amount remains, that amount |
shall
be distributed to all county fairs eligible under this |
Section in proportion
to their total state aid claims. Fairs |
filing approved claims exceeding
both their authorized base |
and the grant provided for in this subsection
shall |
participate in the Growth Incentive Program set forth in |
Section 10.1.
|
Grant monies received by a county fair shall be used only
|
for premiums, awards, judge's fees, and other expenses |
incurred by the
fair which are directly related to the |
operation of the fair and
approved by regulation of the |
Department. Each fair shall file with the
Department a fiscal |
accounting of the expenditure of the grant monies
received |
under this subsection each year at the same time it files its
|
report under Section 12 in relation to the fair held in the |
next
succeeding year.
|
Effective with fiscal year 1989 and each odd numbered |
fiscal year
thereafter, the authorized base of all |
participating county fairs shall be
adjusted by applying 66 |
2/3% to the amount of approved premiums paid in the
highest of |
the previous 2 fiscal years.
|
(Source: P.A. 91-934, eff. 6-1-01.)
|
(30 ILCS 120/13) (from Ch. 85, par. 663)
|
|
Sec. 13. Rehabilitation. Except as otherwise allowed by |
the
Director, to qualify for disbursements made by the
|
Department from an appropriation made under the provisions of |
this Section, the
land on which the fair is held must be owned |
by the county fair board
participating in this disbursement or |
by a State, city, village, or county
government body, or be |
held under a lease that is at least 20 years in
duration, the |
terms of which require the lessee to have continuous |
possession
of the land during every day of the lease period. No |
county fair shall
qualify for
disbursements made by the
|
Department from an appropriation made under the provisions of |
this Section
unless it shall have notified the Department in |
writing of its intent to
participate prior to obligating any |
funds for which reimbursement will be
requested. Each county |
fair shall be reimbursed annually
for that part of the amount |
expended by the fair during the year for
liability
and |
casualty insurance, as provided in this Section, and the
|
rehabilitation of its grounds, including major construction |
projects and
minor maintenance and repair projects; as |
follows:
|
100% of the first $5,000 or any part thereof;
|
75% of the next $20,000 or any part thereof;
|
50% of the next $20,000 or any part thereof.
|
The lesser of either $20,000 or 50% of the amount
received |
by a
county fair pursuant to
this Section may be expended for |
liability and casualty
insurance.
|
|
The maximum amount the DeWitt County Fair may be |
reimbursed in each of fiscal years 2022 and 2023, subject to |
appropriation, is $13,250. |
If a county fair expends more than is needed in any
year |
for approved projects to maximize State reimbursement under |
this
Section and provides itemized
receipts and other evidence |
of expenditures
for that year, any excess may be carried over |
to the
succeeding year. The amount carried over shall |
constitute a claim for
reimbursement for a subsequent period |
not to exceed 7 years as
long as
funds are available.
|
Before June 30 of each year, the president and secretary |
of each
county fair which has participated in this program |
shall file with
the Department a sworn statement of the amount |
expended during the period
July 1 to June 30 of the State's |
fiscal year, accompanied by
itemized receipted bills and other |
evidence of expenditures. If the
Department
approves the |
claim, the State Comptroller is authorized and directed to
|
draw a warrant payable from the Agricultural Premium Fund on |
the State
Treasurer for the amount of the rehabilitation
|
claims.
|
If after all claims are paid, there remains any amount of |
the
appropriation for rehabilitation, the remaining amount |
shall be
distributed as a grant to the participating fairs |
qualifying for the
maximum reimbursement and shall be |
distributed to the eligible fairs on
an equal basis
not
to |
exceed each eligible fair's pro rata share granted in this
|
|
paragraph.
A sworn statement of the amount expended |
accompanied by the itemized
receipted bills as evidence of |
expenditure must be filed with the
Department by June 30 of |
each year.
|
(Source: P.A. 94-261, eff. 1-1-06.)
|
Section 5-48. The General Obligation Bond Act is amended |
by changing Section 15 as follows:
|
(30 ILCS 330/15) (from Ch. 127, par. 665)
|
Sec. 15. Computation of principal and interest; transfers.
|
(a) Upon each delivery of Bonds authorized to be issued |
under this Act,
the Comptroller shall compute and certify to |
the Treasurer the total amount
of principal of, interest on, |
and premium, if any, on Bonds issued that will
be payable in |
order to retire such Bonds, the amount of principal of,
|
interest on and premium, if any, on such Bonds that will be |
payable on each
payment date according to the tenor of such |
Bonds during the then current and
each succeeding fiscal year, |
and the amount of sinking fund payments needed to be deposited |
in connection with Qualified School Construction Bonds |
authorized by subsection (e) of Section 9.
With respect to the |
interest payable on variable rate bonds, such
certifications |
shall be calculated at the maximum rate of interest that
may be |
payable during the fiscal year, after taking into account any |
credits
permitted in the related indenture or other instrument |
|
against the amount
of such interest required to be |
appropriated for such period pursuant to
subsection (c) of |
Section 14 of this Act. With respect to the interest
payable, |
such certifications shall include the amounts certified by the
|
Director of the
Governor's Office of Management and Budget |
under subsection (b) of Section 9 of
this Act.
|
On or before the last day of each month the State Treasurer |
and Comptroller
shall transfer from (1) the Road Fund with |
respect to Bonds issued under paragraphs
(a) and (e) of |
Section 4 of this Act, or Bonds issued under authorization in |
Public Act 98-781, or Bonds issued for the purpose of
|
refunding such bonds, and from (2) the General
Revenue Fund, |
with respect to all other Bonds issued under this Act, to the
|
General Obligation Bond Retirement and Interest Fund an amount |
sufficient to
pay the aggregate of the principal of, interest |
on, and premium, if any, on
Bonds payable, by their terms on |
the next payment date divided by the number of
full calendar |
months between the date of such Bonds and the first such |
payment
date, and thereafter, divided by the number of months |
between each succeeding
payment date after the first. Such |
computations and transfers shall be
made for each series of |
Bonds issued and delivered. Interest payable on
variable rate |
bonds shall be calculated at the maximum rate of interest that
|
may be payable for the relevant period, after taking into |
account any credits
permitted in the related indenture or |
other instrument against the amount of
such interest required |
|
to be appropriated for such period pursuant to
subsection (c) |
of Section 14 of this Act. Computations of interest shall
|
include the amounts certified by the Director of the
|
Governor's Office of Management and Budget
under subsection |
(b) of Section 9 of this Act. Interest for which moneys
have |
already been deposited into the capitalized interest account |
within the
General Obligation Bond Retirement and Interest |
Fund shall not be included
in the calculation of the amounts to |
be transferred under this subsection. Notwithstanding any |
other provision in this Section, the transfer provisions |
provided in this paragraph shall not apply to transfers made |
in fiscal year 2010 or fiscal year 2011 with respect to Bonds |
issued in fiscal year 2010 or fiscal year 2011 pursuant to |
Section 7.2 of this Act. In the case of transfers made in |
fiscal year 2010 or fiscal year 2011 with respect to the Bonds |
issued in fiscal year 2010 or fiscal year 2011 pursuant to |
Section 7.2 of this Act, on or before the 15th day of the month |
prior to the required debt service payment, the State |
Treasurer and Comptroller shall transfer from the General |
Revenue Fund to the General Obligation Bond Retirement and |
Interest Fund an amount sufficient to pay the aggregate of the |
principal of, interest on, and premium, if any, on the Bonds |
payable in that next month.
|
The transfer of monies herein and above directed is not |
required if monies
in the General Obligation Bond Retirement |
and Interest Fund are more than
the amount otherwise to be |
|
transferred as herein above provided, and if the
Governor or |
his authorized representative notifies the State Treasurer and
|
Comptroller of such fact in writing.
|
(b) After the effective date of this Act, the balance of, |
and monies
directed to be included in the Capital Development |
Bond Retirement and
Interest Fund, Anti-Pollution Bond |
Retirement and Interest Fund,
Transportation Bond, Series A |
Retirement and Interest Fund, Transportation
Bond, Series B |
Retirement and Interest Fund, and Coal Development Bond
|
Retirement and Interest Fund shall be transferred to and |
deposited in the
General Obligation Bond Retirement and |
Interest Fund. This Fund shall be
used to make debt service |
payments on the State's general obligation Bonds
heretofore |
issued which are now outstanding and payable from the Funds |
herein
listed as well as on Bonds issued under this Act.
|
(c) The unused portion of federal funds received for or as |
reimbursement for a capital
facilities project, as authorized |
by Section 3 of this Act, for which
monies from the Capital |
Development Fund have been expended shall remain in the |
Capital Development Board Contributory Trust Fund and shall be |
used for capital projects and for no other purpose, subject to |
appropriation and as directed by the Capital Development |
Board. Any federal funds received as reimbursement
for the |
completed construction of a capital facilities project, as
|
authorized by Section 3 of this Act, for which monies from the |
Capital
Development Fund have been expended may be used for |
|
any expense or project necessary for implementation of the |
Quincy Veterans' Home Rehabilitation and Rebuilding Act for a |
period of 5 years from July 17, 2018 ( the effective date of |
Public Act 100-610) this amendatory Act of the 100th General |
Assembly, and any remaining funds shall be deposited in the |
General
Obligation Bond Retirement and Interest Fund .
|
(Source: P.A. 100-23, eff. 7-6-17; 100-610, eff. 7-17-18; |
101-30, eff. 6-28-19.)
|
Section 5-49. The Capital Development Bond Act of 1972 is |
amended by changing Section 9a as follows:
|
(30 ILCS 420/9a) (from Ch. 127, par. 759a)
|
Sec. 9a.
The unused portion of federal funds received for |
or as reimbursement for a capital improvement
project for |
which moneys from the Capital Development Fund have been |
expended
shall remain in the Capital Development Board |
Contributory Trust Fund and shall be used for capital projects |
and for no other purpose, subject to appropriation and as |
directed by the Capital Development Board. Any federal funds |
received as reimbursement
for the completed construction of a |
capital improvement project for which
moneys from the Capital |
Development Fund have been expended may be used for any |
expense or project necessary for implementation of the Quincy |
Veterans' Home Rehabilitation and Rebuilding Act for a period |
of 5 years from July 17, 2018 ( the effective date of Public Act |
|
100-610) this amendatory Act of the 100th General Assembly, |
and any remaining funds shall be deposited
in the Capital |
Development Bond Retirement and Interest Fund .
|
(Source: P.A. 100-610, eff. 7-17-18.)
|
Section 5-55. The Illinois Grant Funds Recovery Act is |
amended by adding Section 5.1 as follows: |
(30 ILCS 705/5.1 new) |
Sec. 5.1. Restoration of grant award. |
(a) A grantee who received an award pursuant to the Open |
Space Lands Acquisition and Development Act who was unable to |
complete the project within the 2 years required by Section 5 |
due to the COVID-19 public health emergency, and whose grant |
agreement expired between January 1, 2021 and July 29, 2021, |
shall be eligible for an award under the same terms as the |
expired grant agreement, subject to the availability of |
appropriated moneys in the fund from which the original |
disbursement to the grantee was made. The grantee must |
demonstrate prior compliance with the terms and conditions of |
the expired award to be eligible for funding under this |
Section. |
(b) Any grant funds not expended or legally obligated by |
the expiration of the newly executed agreement must be |
returned to the grantor agency within 45 days, if the funds are |
not already on deposit with the grantor agency or the State |
|
Treasurer. Such returned funds shall be deposited into the |
fund from which the original grant disbursement to the grantee |
was made. |
(c) This Section is repealed on July 31, 2024. |
Section 5-57. The Charitable Trust Stabilization Act is |
amended by changing Section 5 as follows: |
(30 ILCS 790/5)
|
Sec. 5. The Charitable Trust Stabilization Fund. |
(a) The Charitable Trust Stabilization Fund is created as |
a special fund in the State treasury. From appropriations from |
the Fund, upon recommendation from the Charitable Trust |
Stabilization Committee, the State Treasurer may make grants |
to public and private entities in the State for the purposes |
set forth under subsection (b). Special attention shall be |
given to public and private entities with operating budgets of |
less than $1,000,000 that are located within a depressed area, |
as defined under Section 3 of the Illinois Enterprise Zone |
Act, and preferences for recommending grants to the State |
Treasurer may be given to these entities by the Committee. |
Moneys received for the purposes of this Section, including, |
without limitation, fees collected under subsection (m) of |
Section 115.10 of the General Not For Profit Corporation Act |
of 1986 and appropriations, gifts, grants, and awards from any |
public or private entity, must be deposited into the Fund. Any |
|
interest earnings that are attributable to moneys in the Fund |
must be deposited into the Fund. |
(b) Moneys in the Fund may be used only for the following |
purposes: |
(1) (blank); |
(2) (blank); |
(1) (3) grants for the start-up or operational |
purposes of participating organizations; and |
(2) (4) the administration of the Fund and this Act. |
(c) Moneys deposited into in the Fund must be allocated as |
follows: |
(1) 20% of the amount deposited into the Fund in the |
fiscal year must be set aside for the operating budget of |
the Fund for the next fiscal year, but the operating |
budget of the Fund may not exceed $4,000,000 in any fiscal |
year; |
(1) 80% (2) 50% must be available for the purposes set |
forth under subsection (b); and |
(2) 20% (3) 30% must be invested for the purpose of |
earning interest or other investment income. |
(d) As soon as practical after the effective date of this |
Act, the State Treasurer must transfer the amount of |
$1,000,000 from the General Revenue Fund to the Charitable |
Trust Stabilization Fund. On the June 30 that occurs in the |
third year after the transfer to the Charitable Trust |
Stabilization Fund, the Treasurer must transfer the amount of |
|
$1,000,000 from the Charitable Trust Stabilization Fund to the |
General Revenue Fund. If, on that date, less than $1,000,000 |
is available for transfer, then the Treasurer must transfer |
the remaining balance of the Charitable Trust Stabilization |
Fund to the General Revenue Fund, and on each June 30 |
thereafter must transfer any balance in the Charitable Trust |
Stabilization Fund to the General Revenue Fund until the |
aggregate amount of $1,000,000 has been transferred.
|
(Source: P.A. 97-274, eff. 8-8-11.) |
Section 5-60. The Illinois Income Tax Act is amended by |
changing Sections 224 and 901 as follows: |
(35 ILCS 5/224) |
Sec. 224. Invest in Kids credit. |
(a) For taxable years beginning on or after January 1, |
2018 and ending before January 1, 2024 2023 , each taxpayer for |
whom a tax credit has been awarded by the Department under the |
Invest in Kids Act is entitled to a credit against the tax |
imposed under subsections (a) and (b) of Section 201 of this |
Act in an amount equal to the amount awarded under the Invest |
in Kids Act. |
(b) For partners, shareholders of subchapter S |
corporations, and owners of limited liability companies, if |
the liability company is treated as a partnership for purposes |
of federal and State income taxation, the credit under this |
|
Section shall be determined in accordance with the |
determination of income and distributive share of income under |
Sections 702 and 704 and subchapter S of the Internal Revenue |
Code. |
(c) The credit may not be carried back and may not reduce |
the taxpayer's liability to less than zero. If the amount of |
the credit exceeds the tax liability for the year, the excess |
may be carried forward and applied to the tax liability of the |
5 taxable years following the excess credit year. The tax |
credit shall be applied to the earliest year for which there is |
a tax liability. If there are credits for more than one year |
that are available to offset the liability, the earlier credit |
shall be applied first. |
(d) A tax credit awarded by the Department under the |
Invest in Kids Act may not be claimed for any qualified |
contribution for which the taxpayer claims a federal income |
tax deduction.
|
(Source: P.A. 100-465, eff. 8-31-17.)
|
(35 ILCS 5/901)
|
Sec. 901. Collection authority. |
(a) In general. The Department shall collect the taxes |
imposed by this Act. The Department
shall collect certified |
past due child support amounts under Section 2505-650
of the |
Department of Revenue Law of the
Civil Administrative Code of |
Illinois. Except as
provided in subsections (b), (c), (e), |
|
(f), (g), and (h) of this Section, money collected
pursuant to |
subsections (a) and (b) of Section 201 of this Act shall be
|
paid into the General Revenue Fund in the State treasury; |
money
collected pursuant to subsections (c) and (d) of Section |
201 of this Act
shall be paid into the Personal Property Tax |
Replacement Fund, a special
fund in the State Treasury; and |
money collected under Section 2505-650 of the
Department of |
Revenue Law of the
Civil Administrative Code of Illinois shall |
be paid
into the
Child Support Enforcement Trust Fund, a |
special fund outside the State
Treasury, or
to the State
|
Disbursement Unit established under Section 10-26 of the |
Illinois Public Aid
Code, as directed by the Department of |
Healthcare and Family Services. |
(b) Local Government Distributive Fund. Beginning August |
1, 2017 and continuing through July 31, 2022 , the Treasurer |
shall transfer each month from the General Revenue Fund to the |
Local Government Distributive Fund an amount equal to the sum |
of: (i) 6.06% (10% of the ratio of the 3% individual income tax |
rate prior to 2011 to the 4.95% individual income tax rate |
after July 1, 2017) of the net revenue realized from the tax |
imposed by subsections (a) and (b) of Section 201 of this Act |
upon individuals, trusts, and estates during the preceding |
month; (ii) 6.85% (10% of the ratio of the 4.8% corporate |
income tax rate prior to 2011 to the 7% corporate income tax |
rate after July 1, 2017) of the net revenue realized from the |
tax imposed by subsections (a) and (b) of Section 201 of this |
|
Act upon corporations during the preceding month; and (iii) |
beginning February 1, 2022, 6.06% of the net revenue realized |
from the tax imposed by subsection (p) of Section 201 of this |
Act upon electing pass-through entities. Beginning August 1, |
2022, the Treasurer shall transfer each month from the General |
Revenue Fund to the Local Government Distributive Fund an |
amount equal to the sum of: (i) 6.16% of the net revenue |
realized from the tax imposed by subsections (a) and (b) of |
Section 201 of this Act upon individuals, trusts, and estates |
during the preceding month; (ii) 6.85% of the net revenue |
realized from the tax imposed by subsections (a) and (b) of |
Section 201 of this Act upon corporations during the preceding |
month; and (iii) 6.16% of the net revenue realized from the tax |
imposed by subsection (p) of Section 201 of this Act upon |
electing pass-through entities. Net revenue realized for a |
month shall be defined as the
revenue from the tax imposed by |
subsections (a) and (b) of Section 201 of this
Act which is |
deposited in the General Revenue Fund, the Education |
Assistance
Fund, the Income Tax Surcharge Local Government |
Distributive Fund, the Fund for the Advancement of Education, |
and the Commitment to Human Services Fund during the
month |
minus the amount paid out of the General Revenue Fund in State |
warrants
during that same month as refunds to taxpayers for |
overpayment of liability
under the tax imposed by subsections |
(a) and (b) of Section 201 of this Act. |
Notwithstanding any provision of law to the contrary, |
|
beginning on July 6, 2017 (the effective date of Public Act |
100-23), those amounts required under this subsection (b) to |
be transferred by the Treasurer into the Local Government |
Distributive Fund from the General Revenue Fund shall be |
directly deposited into the Local Government Distributive Fund |
as the revenue is realized from the tax imposed by subsections |
(a) and (b) of Section 201 of this Act. |
(c) Deposits Into Income Tax Refund Fund. |
(1) Beginning on January 1, 1989 and thereafter, the |
Department shall
deposit a percentage of the amounts |
collected pursuant to subsections (a)
and (b)(1), (2), and |
(3) of Section 201 of this Act into a fund in the State
|
treasury known as the Income Tax Refund Fund. Beginning |
with State fiscal year 1990 and for each fiscal year
|
thereafter, the percentage deposited into the Income Tax |
Refund Fund during a
fiscal year shall be the Annual |
Percentage. For fiscal year 2011, the Annual Percentage |
shall be 8.75%. For fiscal year 2012, the Annual |
Percentage shall be 8.75%. For fiscal year 2013, the |
Annual Percentage shall be 9.75%. For fiscal year 2014, |
the Annual Percentage shall be 9.5%. For fiscal year 2015, |
the Annual Percentage shall be 10%. For fiscal year 2018, |
the Annual Percentage shall be 9.8%. For fiscal year 2019, |
the Annual Percentage shall be 9.7%. For fiscal year 2020, |
the Annual Percentage shall be 9.5%. For fiscal year 2021, |
the Annual Percentage shall be 9%. For fiscal year 2022, |
|
the Annual Percentage shall be 9.25%. For fiscal year |
2023, the Annual Percentage shall be 9.25%. For all other
|
fiscal years, the
Annual Percentage shall be calculated as |
a fraction, the numerator of which
shall be the amount of |
refunds approved for payment by the Department during
the |
preceding fiscal year as a result of overpayment of tax |
liability under
subsections (a) and (b)(1), (2), and (3) |
of Section 201 of this Act plus the
amount of such refunds |
remaining approved but unpaid at the end of the
preceding |
fiscal year, minus the amounts transferred into the Income |
Tax
Refund Fund from the Tobacco Settlement Recovery Fund, |
and
the denominator of which shall be the amounts which |
will be collected pursuant
to subsections (a) and (b)(1), |
(2), and (3) of Section 201 of this Act during
the |
preceding fiscal year; except that in State fiscal year |
2002, the Annual
Percentage shall in no event exceed 7.6%. |
The Director of Revenue shall
certify the Annual |
Percentage to the Comptroller on the last business day of
|
the fiscal year immediately preceding the fiscal year for |
which it is to be
effective. |
(2) Beginning on January 1, 1989 and thereafter, the |
Department shall
deposit a percentage of the amounts |
collected pursuant to subsections (a)
and (b)(6), (7), and |
(8), (c) and (d) of Section 201
of this Act into a fund in |
the State treasury known as the Income Tax
Refund Fund. |
Beginning
with State fiscal year 1990 and for each fiscal |
|
year thereafter, the
percentage deposited into the Income |
Tax Refund Fund during a fiscal year
shall be the Annual |
Percentage. For fiscal year 2011, the Annual Percentage |
shall be 17.5%. For fiscal year 2012, the Annual |
Percentage shall be 17.5%. For fiscal year 2013, the |
Annual Percentage shall be 14%. For fiscal year 2014, the |
Annual Percentage shall be 13.4%. For fiscal year 2015, |
the Annual Percentage shall be 14%. For fiscal year 2018, |
the Annual Percentage shall be 17.5%. For fiscal year |
2019, the Annual Percentage shall be 15.5%. For fiscal |
year 2020, the Annual Percentage shall be 14.25%. For |
fiscal year 2021, the Annual Percentage shall be 14%. For |
fiscal year 2022, the Annual Percentage shall be 15%. For |
fiscal year 2023, the Annual Percentage shall be 14.5%. |
For all other fiscal years, the Annual
Percentage shall be |
calculated
as a fraction, the numerator of which shall be |
the amount of refunds
approved for payment by the |
Department during the preceding fiscal year as
a result of |
overpayment of tax liability under subsections (a) and |
(b)(6),
(7), and (8), (c) and (d) of Section 201 of this |
Act plus the
amount of such refunds remaining approved but |
unpaid at the end of the
preceding fiscal year, and the |
denominator of
which shall be the amounts which will be |
collected pursuant to subsections (a)
and (b)(6), (7), and |
(8), (c) and (d) of Section 201 of this Act during the
|
preceding fiscal year; except that in State fiscal year |
|
2002, the Annual
Percentage shall in no event exceed 23%. |
The Director of Revenue shall
certify the Annual |
Percentage to the Comptroller on the last business day of
|
the fiscal year immediately preceding the fiscal year for |
which it is to be
effective. |
(3) The Comptroller shall order transferred and the |
Treasurer shall
transfer from the Tobacco Settlement |
Recovery Fund to the Income Tax Refund
Fund (i) |
$35,000,000 in January, 2001, (ii) $35,000,000 in January, |
2002, and
(iii) $35,000,000 in January, 2003. |
(d) Expenditures from Income Tax Refund Fund. |
(1) Beginning January 1, 1989, money in the Income Tax |
Refund Fund
shall be expended exclusively for the purpose |
of paying refunds resulting
from overpayment of tax |
liability under Section 201 of this Act
and for
making |
transfers pursuant to this subsection (d). |
(2) The Director shall order payment of refunds |
resulting from
overpayment of tax liability under Section |
201 of this Act from the
Income Tax Refund Fund only to the |
extent that amounts collected pursuant
to Section 201 of |
this Act and transfers pursuant to this subsection (d)
and |
item (3) of subsection (c) have been deposited and |
retained in the
Fund. |
(3) As soon as possible after the end of each fiscal |
year, the Director
shall
order transferred and the State |
Treasurer and State Comptroller shall
transfer from the |
|
Income Tax Refund Fund to the Personal Property Tax
|
Replacement Fund an amount, certified by the Director to |
the Comptroller,
equal to the excess of the amount |
collected pursuant to subsections (c) and
(d) of Section |
201 of this Act deposited into the Income Tax Refund Fund
|
during the fiscal year over the amount of refunds |
resulting from
overpayment of tax liability under |
subsections (c) and (d) of Section 201
of this Act paid |
from the Income Tax Refund Fund during the fiscal year. |
(4) As soon as possible after the end of each fiscal |
year, the Director shall
order transferred and the State |
Treasurer and State Comptroller shall
transfer from the |
Personal Property Tax Replacement Fund to the Income Tax
|
Refund Fund an amount, certified by the Director to the |
Comptroller, equal
to the excess of the amount of refunds |
resulting from overpayment of tax
liability under |
subsections (c) and (d) of Section 201 of this Act paid
|
from the Income Tax Refund Fund during the fiscal year |
over the amount
collected pursuant to subsections (c) and |
(d) of Section 201 of this Act
deposited into the Income |
Tax Refund Fund during the fiscal year. |
(4.5) As soon as possible after the end of fiscal year |
1999 and of each
fiscal year
thereafter, the Director |
shall order transferred and the State Treasurer and
State |
Comptroller shall transfer from the Income Tax Refund Fund |
to the General
Revenue Fund any surplus remaining in the |
|
Income Tax Refund Fund as of the end
of such fiscal year; |
excluding for fiscal years 2000, 2001, and 2002
amounts |
attributable to transfers under item (3) of subsection (c) |
less refunds
resulting from the earned income tax credit. |
(5) This Act shall constitute an irrevocable and |
continuing
appropriation from the Income Tax Refund Fund |
for the purpose of paying
refunds upon the order of the |
Director in accordance with the provisions of
this |
Section. |
(e) Deposits into the Education Assistance Fund and the |
Income Tax
Surcharge Local Government Distributive Fund. On |
July 1, 1991, and thereafter, of the amounts collected |
pursuant to
subsections (a) and (b) of Section 201 of this Act, |
minus deposits into the
Income Tax Refund Fund, the Department |
shall deposit 7.3% into the
Education Assistance Fund in the |
State Treasury. Beginning July 1, 1991,
and continuing through |
January 31, 1993, of the amounts collected pursuant to
|
subsections (a) and (b) of Section 201 of the Illinois Income |
Tax Act, minus
deposits into the Income Tax Refund Fund, the |
Department shall deposit 3.0%
into the Income Tax Surcharge |
Local Government Distributive Fund in the State
Treasury. |
Beginning February 1, 1993 and continuing through June 30, |
1993, of
the amounts collected pursuant to subsections (a) and |
(b) of Section 201 of the
Illinois Income Tax Act, minus |
deposits into the Income Tax Refund Fund, the
Department shall |
deposit 4.4% into the Income Tax Surcharge Local Government
|
|
Distributive Fund in the State Treasury. Beginning July 1, |
1993, and
continuing through June 30, 1994, of the amounts |
collected under subsections
(a) and (b) of Section 201 of this |
Act, minus deposits into the Income Tax
Refund Fund, the |
Department shall deposit 1.475% into the Income Tax Surcharge
|
Local Government Distributive Fund in the State Treasury. |
(f) Deposits into the Fund for the Advancement of |
Education. Beginning February 1, 2015, the Department shall |
deposit the following portions of the revenue realized from |
the tax imposed upon individuals, trusts, and estates by |
subsections (a) and (b) of Section 201 of this Act, minus |
deposits into the Income Tax Refund Fund, into the Fund for the |
Advancement of Education: |
(1) beginning February 1, 2015, and prior to February |
1, 2025, 1/30; and |
(2) beginning February 1, 2025, 1/26. |
If the rate of tax imposed by subsection (a) and (b) of |
Section 201 is reduced pursuant to Section 201.5 of this Act, |
the Department shall not make the deposits required by this |
subsection (f) on or after the effective date of the |
reduction. |
(g) Deposits into the Commitment to Human Services Fund. |
Beginning February 1, 2015, the Department shall deposit the |
following portions of the revenue realized from the tax |
imposed upon individuals, trusts, and estates by subsections |
(a) and (b) of Section 201 of this Act, minus deposits into the |
|
Income Tax Refund Fund, into the Commitment to Human Services |
Fund: |
(1) beginning February 1, 2015, and prior to February |
1, 2025, 1/30; and |
(2) beginning February 1, 2025, 1/26. |
If the rate of tax imposed by subsection (a) and (b) of |
Section 201 is reduced pursuant to Section 201.5 of this Act, |
the Department shall not make the deposits required by this |
subsection (g) on or after the effective date of the |
reduction. |
(h) Deposits into the Tax Compliance and Administration |
Fund. Beginning on the first day of the first calendar month to |
occur on or after August 26, 2014 (the effective date of Public |
Act 98-1098), each month the Department shall pay into the Tax |
Compliance and Administration Fund, to be used, subject to |
appropriation, to fund additional auditors and compliance |
personnel at the Department, an amount equal to 1/12 of 5% of |
the cash receipts collected during the preceding fiscal year |
by the Audit Bureau of the Department from the tax imposed by |
subsections (a), (b), (c), and (d) of Section 201 of this Act, |
net of deposits into the Income Tax Refund Fund made from those |
cash receipts. |
(Source: P.A. 101-8, see Section 99 for effective date; |
101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff. |
6-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658, |
eff. 8-27-21; revised 10-19-21.)
|
|
Section 5-62. The Invest in Kids Act is amended by |
changing Section 40 as follows: |
(35 ILCS 40/40) |
(Section scheduled to be repealed on January 1, 2025)
|
Sec. 40. Scholarship granting organization |
responsibilities. |
(a) Before granting a scholarship for an academic year, |
all scholarship granting organizations shall assess and |
document each student's eligibility for the academic year.
|
(b) A scholarship granting organization shall grant |
scholarships only to eligible students.
|
(c) A scholarship granting organization shall allow an |
eligible student to attend any qualified school of the |
student's choosing, subject to the availability of funds.
|
(d) In granting scholarships, a scholarship granting |
organization shall give priority to the following priority |
groups: |
(1) eligible students who received a scholarship from |
a scholarship granting organization during the previous |
school year;
|
(2) eligible students who are members of a household |
whose previous year's total annual income does not exceed |
185% of the federal poverty level;
|
(3) eligible students who reside within a focus |
|
district; and
|
(4) eligible students who are siblings of students |
currently receiving a scholarship.
|
(d-5) A scholarship granting organization shall begin |
granting scholarships no later than February 1 preceding the |
school year for which the scholarship is sought. The priority |
groups identified in subsection (d) of this Section shall be |
eligible to receive scholarships on a first-come, first-served |
basis until the April 1 immediately preceding the school year |
for which the scholarship is sought. Applications for |
scholarships for eligible students meeting the qualifications |
of one or more priority groups that are received before April 1 |
must be either approved or denied within 10 business days |
after receipt. Beginning April 1, all eligible students shall |
be eligible to receive scholarships without regard to the |
priority groups identified in subsection (d) of this Section. |
(e) Except as provided in subsection (e-5) of this |
Section, scholarships shall not exceed the lesser of (i) the |
statewide average operational expense per
student among public |
schools or (ii) the necessary costs and fees for attendance at |
the qualified school.
Scholarships shall be prorated as |
follows: |
(1) for eligible students whose household income is |
less than 185% of the federal poverty level, the |
scholarship shall be 100% of the amount determined |
pursuant to this subsection (e) and subsection (e-5) of |
|
this Section; |
(2) for eligible students whose household income is |
185% or more of the federal poverty level but less than |
250% of the federal poverty level, the average of |
scholarships shall be 75% of the amount determined |
pursuant to this subsection (e) and subsection (e-5) of |
this Section; and |
(3) for eligible students whose household income is |
250% or more of the federal poverty level, the average of |
scholarships shall be 50% of the amount determined |
pursuant to this subsection (e) and subsection (e-5) of |
this Section. |
(e-5) The statewide average operational expense per |
student among public schools shall be multiplied by the |
following factors: |
(1) for students determined eligible to receive |
services under the federal Individuals with Disabilities |
Education Act, 2; |
(2) for students who are English learners, as defined |
in subsection (d) of Section 14C-2 of the School Code, |
1.2; and |
(3) for students who are gifted and talented children, |
as defined in Section 14A-20 of the School Code, 1.1. |
(f) A scholarship granting organization shall distribute |
scholarship payments to the participating school where the |
student is enrolled.
|
|
(g) For the 2018-2019 school year through the 2022-2023 |
2021-2022 school year, each scholarship granting organization |
shall expend no less than 75% of the qualified contributions |
received during the calendar year in which the qualified |
contributions were received. No more than 25% of the
qualified |
contributions may be carried forward to the following calendar |
year.
|
(h) For the 2023-2024 2022-2023 school year, each |
scholarship granting organization shall expend all qualified |
contributions received during the calendar year in which the |
qualified contributions were
received. No qualified |
contributions may be carried forward to the following calendar |
year.
|
(i) A scholarship granting organization shall allow an |
eligible student to transfer a scholarship during a school |
year to any other participating school of the custodian's |
choice. Such scholarships shall be prorated.
|
(j) With the prior approval of the Department, a |
scholarship granting organization may transfer funds to |
another scholarship granting organization if additional funds |
are required to meet scholarship demands at the receiving |
scholarship granting organization. All transferred funds must |
be
deposited by the receiving scholarship granting |
organization into its scholarship accounts. All transferred |
amounts received by any scholarship granting organization must |
be separately
disclosed to the Department.
|
|
(k) If the approval of a scholarship granting organization |
is revoked as provided in Section 20 of this Act or the |
scholarship granting organization is dissolved, all remaining |
qualified contributions of the scholarship granting |
organization shall be transferred to another scholarship |
granting organization. All transferred funds must be deposited |
by the receiving scholarship granting organization into its |
scholarship accounts. |
(l) Scholarship granting organizations shall make |
reasonable efforts to advertise the availability of |
scholarships to eligible students.
|
(Source: P.A. 100-465, eff. 8-31-17 .) |
Section 5-65. The Motor Fuel Tax Law is amended by |
changing Section 8 as follows:
|
(35 ILCS 505/8) (from Ch. 120, par. 424)
|
Sec. 8. Except as provided in subsection (a-1) of this |
Section, Section 8a, subdivision
(h)(1) of Section 12a, |
Section 13a.6, and items
13, 14, 15, and 16 of Section 15, all |
money received by the Department under
this Act, including |
payments made to the Department by
member jurisdictions |
participating in the International Fuel Tax Agreement,
shall |
be deposited in a special fund in the State treasury, to be |
known as the
"Motor Fuel Tax Fund", and shall be used as |
follows:
|
|
(a) 2 1/2 cents per gallon of the tax collected on special |
fuel under
paragraph (b) of Section 2 and Section 13a of this |
Act shall be transferred
to the State Construction Account |
Fund in the State Treasury; the remainder of the tax collected |
on special fuel under
paragraph (b) of Section 2 and Section |
13a of this Act shall be deposited into the Road Fund;
|
(a-1) Beginning on July 1, 2019, an amount equal to the |
amount of tax collected under subsection (a) of Section 2 as a |
result of the increase in the tax rate under Public Act 101-32 |
shall be transferred each month into the Transportation |
Renewal Fund; |
(b) $420,000 shall be transferred each month to the State |
Boating Act
Fund to be used by the Department of Natural |
Resources for the purposes
specified in Article X of the Boat |
Registration and Safety Act;
|
(c) $3,500,000 shall be transferred each month to the |
Grade Crossing
Protection Fund to be used as follows: not less |
than $12,000,000 each fiscal
year shall be used for the |
construction or reconstruction of rail highway grade
|
separation structures; $5,500,000 in fiscal year 2022 |
$2,250,000 in fiscal years 2004 through 2009 and $3,000,000 in |
fiscal year 2010 and each fiscal
year
thereafter shall be |
transferred to the Transportation
Regulatory Fund and shall be |
accounted for as part of the rail carrier
portion of such funds |
and shall be used to pay the cost of administration
of the |
Illinois Commerce Commission's railroad safety program in |
|
connection
with its duties under subsection (3) of Section |
18c-7401 of the Illinois
Vehicle Code, with the remainder to |
be used by the Department of Transportation
upon order of the |
Illinois Commerce Commission, to pay that part of the
cost |
apportioned by such Commission to the State to cover the |
interest
of the public in the use of highways, roads, streets, |
or
pedestrian walkways in the
county highway system, township |
and district road system, or municipal
street system as |
defined in the Illinois Highway Code, as the same may
from time |
to time be amended, for separation of grades, for |
installation,
construction or reconstruction of crossing |
protection or reconstruction,
alteration, relocation including |
construction or improvement of any
existing highway necessary |
for access to property or improvement of any
grade crossing |
and grade crossing surface including the necessary highway |
approaches thereto of any
railroad across the highway or |
public road, or for the installation,
construction, |
reconstruction, or maintenance of safety treatments to deter |
trespassing or a pedestrian walkway over or
under a railroad |
right-of-way, as provided for in and in
accordance with |
Section 18c-7401 of the Illinois Vehicle Code.
The Commission |
may order up to $2,000,000 per year in Grade Crossing |
Protection Fund moneys for the improvement of grade crossing |
surfaces and up to $300,000 per year for the maintenance and |
renewal of 4-quadrant gate vehicle detection systems located |
at non-high speed rail grade crossings.
In entering orders for |
|
projects for which payments from the Grade Crossing
Protection |
Fund will be made, the Commission shall account for |
expenditures
authorized by the orders on a cash rather than an |
accrual basis. For purposes
of this requirement an "accrual |
basis" assumes that the total cost of the
project is expended |
in the fiscal year in which the order is entered, while a
"cash |
basis" allocates the cost of the project among fiscal years as
|
expenditures are actually made. To meet the requirements of |
this subsection,
the Illinois Commerce Commission shall |
develop annual and 5-year project plans
of rail crossing |
capital improvements that will be paid for with moneys from
|
the Grade Crossing Protection Fund. The annual project plan |
shall identify
projects for the succeeding fiscal year and the |
5-year project plan shall
identify projects for the 5 directly |
succeeding fiscal years. The Commission
shall submit the |
annual and 5-year project plans for this Fund to the Governor,
|
the President of the Senate, the Senate Minority Leader, the |
Speaker of the
House of Representatives, and the Minority |
Leader of the House of
Representatives on
the first Wednesday |
in April of each year;
|
(d) of the amount remaining after allocations provided for |
in
subsections (a), (a-1), (b), and (c), a sufficient amount |
shall be reserved to
pay all of the following:
|
(1) the costs of the Department of Revenue in |
administering this
Act;
|
(2) the costs of the Department of Transportation in |
|
performing its
duties imposed by the Illinois Highway Code |
for supervising the use of motor
fuel tax funds |
apportioned to municipalities, counties and road |
districts;
|
(3) refunds provided for in Section 13, refunds for |
overpayment of decal fees paid under Section 13a.4 of this |
Act, and refunds provided for under the terms
of the |
International Fuel Tax Agreement referenced in Section |
14a;
|
(4) from October 1, 1985 until June 30, 1994, the |
administration of the
Vehicle Emissions Inspection Law, |
which amount shall be certified monthly by
the |
Environmental Protection Agency to the State Comptroller |
and shall promptly
be transferred by the State Comptroller |
and Treasurer from the Motor Fuel Tax
Fund to the Vehicle |
Inspection Fund, and for the period July 1, 1994 through
|
June 30, 2000, one-twelfth of $25,000,000 each month, for |
the period July 1, 2000 through June 30, 2003,
one-twelfth |
of
$30,000,000
each month,
and $15,000,000 on July 1, |
2003, and $15,000,000 on January 1, 2004, and $15,000,000
|
on
each
July
1 and October 1, or as soon thereafter as may |
be practical, during the period July 1, 2004 through June |
30, 2012,
and $30,000,000 on June 1, 2013, or as soon |
thereafter as may be practical, and $15,000,000 on July 1 |
and October 1, or as soon thereafter as may be practical, |
during the period of July 1, 2013 through June 30, 2015, |
|
for the administration of the Vehicle Emissions Inspection |
Law of
2005, to be transferred by the State Comptroller |
and Treasurer from the Motor
Fuel Tax Fund into the |
Vehicle Inspection Fund;
|
(4.5) beginning on July 1, 2019, the costs of the |
Environmental Protection Agency for the administration of |
the Vehicle Emissions Inspection Law of 2005 shall be |
paid, subject to appropriation, from the Motor Fuel Tax |
Fund into the Vehicle Inspection Fund; beginning in 2019, |
no later than December 31 of each year, or as soon |
thereafter as practical, the State Comptroller shall |
direct and the State Treasurer shall transfer from the |
Vehicle Inspection Fund to the Motor Fuel Tax Fund any |
balance remaining in the Vehicle Inspection Fund in excess |
of $2,000,000; |
(5) amounts ordered paid by the Court of Claims; and
|
(6) payment of motor fuel use taxes due to member |
jurisdictions under
the terms of the International Fuel |
Tax Agreement. The Department shall
certify these amounts |
to the Comptroller by the 15th day of each month; the
|
Comptroller shall cause orders to be drawn for such |
amounts, and the Treasurer
shall administer those amounts |
on or before the last day of each month;
|
(e) after allocations for the purposes set forth in |
subsections
(a), (a-1), (b), (c), and (d), the remaining |
amount shall be apportioned as follows:
|
|
(1) Until January 1, 2000, 58.4%, and beginning |
January 1, 2000, 45.6%
shall be deposited as follows:
|
(A) 37% into the State Construction Account Fund, |
and
|
(B) 63% into the Road Fund, $1,250,000 of which |
shall be reserved each
month for the Department of |
Transportation to be used in accordance with
the |
provisions of Sections 6-901 through 6-906 of the |
Illinois Highway Code;
|
(2) Until January 1, 2000, 41.6%, and beginning |
January 1, 2000, 54.4%
shall be transferred to the |
Department of Transportation to be
distributed as follows:
|
(A) 49.10% to the municipalities of the State,
|
(B) 16.74% to the counties of the State having |
1,000,000 or more inhabitants,
|
(C) 18.27% to the counties of the State having |
less than 1,000,000 inhabitants,
|
(D) 15.89% to the road districts of the State.
|
If a township is dissolved under Article 24 of the |
Township Code, McHenry County shall receive any moneys |
that would have been distributed to the township under |
this subparagraph, except that a municipality that assumes |
the powers and responsibilities of a road district under |
paragraph (6) of Section 24-35 of the Township Code shall |
receive any moneys that would have been distributed to the |
township in a percent equal to the area of the dissolved |
|
road district or portion of the dissolved road district |
over which the municipality assumed the powers and |
responsibilities compared to the total area of the |
dissolved township. The moneys received under this |
subparagraph shall be used in the geographic area of the |
dissolved township. If a township is reconstituted as |
provided under Section 24-45 of the Township Code, McHenry |
County or a municipality shall no longer be distributed |
moneys under this subparagraph. |
As soon as may be after the first day of each month, the |
Department of
Transportation shall allot to each municipality |
its share of the amount
apportioned to the several |
municipalities which shall be in proportion
to the population |
of such municipalities as determined by the last
preceding |
municipal census if conducted by the Federal Government or
|
Federal census. If territory is annexed to any municipality |
subsequent
to the time of the last preceding census the |
corporate authorities of
such municipality may cause a census |
to be taken of such annexed
territory and the population so |
ascertained for such territory shall be
added to the |
population of the municipality as determined by the last
|
preceding census for the purpose of determining the allotment |
for that
municipality. If the population of any municipality |
was not determined
by the last Federal census preceding any |
apportionment, the
apportionment to such municipality shall be |
in accordance with any
census taken by such municipality. Any |
|
municipal census used in
accordance with this Section shall be |
certified to the Department of
Transportation by the clerk of |
such municipality, and the accuracy
thereof shall be subject |
to approval of the Department which may make
such corrections |
as it ascertains to be necessary.
|
As soon as may be after the first day of each month, the |
Department of
Transportation shall allot to each county its |
share of the amount
apportioned to the several counties of the |
State as herein provided.
Each allotment to the several |
counties having less than 1,000,000
inhabitants shall be in |
proportion to the amount of motor vehicle
license fees |
received from the residents of such counties, respectively,
|
during the preceding calendar year. The Secretary of State |
shall, on or
before April 15 of each year, transmit to the |
Department of
Transportation a full and complete report |
showing the amount of motor
vehicle license fees received from |
the residents of each county,
respectively, during the |
preceding calendar year. The Department of
Transportation |
shall, each month, use for allotment purposes the last
such |
report received from the Secretary of State.
|
As soon as may be after the first day of each month, the |
Department
of Transportation shall allot to the several |
counties their share of the
amount apportioned for the use of |
road districts. The allotment shall
be apportioned among the |
several counties in the State in the proportion
which the |
total mileage of township or district roads in the respective
|
|
counties bears to the total mileage of all township and |
district roads
in the State. Funds allotted to the respective |
counties for the use of
road districts therein shall be |
allocated to the several road districts
in the county in the |
proportion which the total mileage of such township
or |
district roads in the respective road districts bears to the |
total
mileage of all such township or district roads in the |
county. After
July 1 of any year prior to 2011, no allocation |
shall be made for any road district
unless it levied a tax for |
road and bridge purposes in an amount which
will require the |
extension of such tax against the taxable property in
any such |
road district at a rate of not less than either .08% of the |
value
thereof, based upon the assessment for the year |
immediately prior to the year
in which such tax was levied and |
as equalized by the Department of Revenue
or, in DuPage |
County, an amount equal to or greater than $12,000 per mile of
|
road under the jurisdiction of the road district, whichever is |
less. Beginning July 1, 2011 and each July 1 thereafter, an |
allocation shall be made for any road district
if it levied a |
tax for road and bridge purposes. In counties other than |
DuPage County, if the amount of the tax levy requires the |
extension of the tax against the taxable property in
the road |
district at a rate that is less than 0.08% of the value
|
thereof, based upon the assessment for the year immediately |
prior to the year
in which the tax was levied and as equalized |
by the Department of Revenue, then the amount of the |
|
allocation for that road district shall be a percentage of the |
maximum allocation equal to the percentage obtained by |
dividing the rate extended by the district by 0.08%. In DuPage |
County, if the amount of the tax levy requires the extension of |
the tax against the taxable property in
the road district at a |
rate that is less than the lesser of (i) 0.08% of the value
of |
the taxable property in the road district, based upon the |
assessment for the year immediately prior to the year
in which |
such tax was levied and as equalized by the Department of |
Revenue,
or (ii) a rate that will yield an amount equal to |
$12,000 per mile of
road under the jurisdiction of the road |
district, then the amount of the allocation for the road |
district shall be a percentage of the maximum allocation equal |
to the percentage obtained by dividing the rate extended by |
the district by the lesser of (i) 0.08% or (ii) the rate that |
will yield an amount equal to $12,000 per mile of
road under |
the jurisdiction of the road district. |
Prior to 2011, if any
road district has levied a special |
tax for road purposes
pursuant to Sections 6-601, 6-602, and |
6-603 of the Illinois Highway Code, and
such tax was levied in |
an amount which would require extension at a
rate of not less |
than .08% of the value of the taxable property thereof,
as |
equalized or assessed by the Department of Revenue,
or, in |
DuPage County, an amount equal to or greater than $12,000 per |
mile of
road under the jurisdiction of the road district, |
whichever is less,
such levy shall, however, be deemed a |
|
proper compliance with this
Section and shall qualify such |
road district for an allotment under this
Section. Beginning |
in 2011 and thereafter, if any
road district has levied a |
special tax for road purposes
under Sections 6-601, 6-602, and |
6-603 of the Illinois Highway Code, and
the tax was levied in |
an amount that would require extension at a
rate of not less |
than 0.08% of the value of the taxable property of that road |
district,
as equalized or assessed by the Department of |
Revenue or, in DuPage County, an amount equal to or greater |
than $12,000 per mile of road under the jurisdiction of the |
road district, whichever is less, that levy shall be deemed a |
proper compliance with this
Section and shall qualify such |
road district for a full, rather than proportionate, allotment |
under this
Section. If the levy for the special tax is less |
than 0.08% of the value of the taxable property, or, in DuPage |
County if the levy for the special tax is less than the lesser |
of (i) 0.08% or (ii) $12,000 per mile of road under the |
jurisdiction of the road district, and if the levy for the |
special tax is more than any other levy for road and bridge |
purposes, then the levy for the special tax qualifies the road |
district for a proportionate, rather than full, allotment |
under this Section. If the levy for the special tax is equal to |
or less than any other levy for road and bridge purposes, then |
any allotment under this Section shall be determined by the |
other levy for road and bridge purposes. |
Prior to 2011, if a township has transferred to the road |
|
and bridge fund
money which, when added to the amount of any |
tax levy of the road
district would be the equivalent of a tax |
levy requiring extension at a
rate of at least .08%, or, in |
DuPage County, an amount equal to or greater
than $12,000 per |
mile of road under the jurisdiction of the road district,
|
whichever is less, such transfer, together with any such tax |
levy,
shall be deemed a proper compliance with this Section |
and shall qualify
the road district for an allotment under |
this Section.
|
In counties in which a property tax extension limitation |
is imposed
under the Property Tax Extension Limitation Law, |
road districts may retain
their entitlement to a motor fuel |
tax allotment or, beginning in 2011, their entitlement to a |
full allotment if, at the time the property
tax
extension |
limitation was imposed, the road district was levying a road |
and
bridge tax at a rate sufficient to entitle it to a motor |
fuel tax allotment
and continues to levy the maximum allowable |
amount after the imposition of the
property tax extension |
limitation. Any road district may in all circumstances
retain |
its entitlement to a motor fuel tax allotment or, beginning in |
2011, its entitlement to a full allotment if it levied a road |
and
bridge tax in an amount that will require the extension of |
the tax against the
taxable property in the road district at a |
rate of not less than 0.08% of the
assessed value of the |
property, based upon the assessment for the year
immediately |
preceding the year in which the tax was levied and as equalized |
|
by
the Department of Revenue or, in DuPage County, an amount |
equal to or greater
than $12,000 per mile of road under the |
jurisdiction of the road district,
whichever is less.
|
As used in this Section, the term "road district" means |
any road
district, including a county unit road district, |
provided for by the
Illinois Highway Code; and the term |
"township or district road"
means any road in the township and |
district road system as defined in the
Illinois Highway Code. |
For the purposes of this Section, "township or
district road" |
also includes such roads as are maintained by park
districts, |
forest preserve districts and conservation districts. The
|
Department of Transportation shall determine the mileage of |
all township
and district roads for the purposes of making |
allotments and allocations of
motor fuel tax funds for use in |
road districts.
|
Payment of motor fuel tax moneys to municipalities and |
counties shall
be made as soon as possible after the allotment |
is made. The treasurer
of the municipality or county may |
invest these funds until their use is
required and the |
interest earned by these investments shall be limited
to the |
same uses as the principal funds.
|
(Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19; |
101-493, eff. 8-23-19; 102-16, eff. 6-17-21; 102-558, eff. |
8-20-21.)
|
Section 5-66. The Illinois Pension Code is amended by |
|
changing Section 1-110.16 as follows: |
(40 ILCS 5/1-110.16) |
Sec. 1-110.16. Transactions prohibited by retirement |
systems; companies that boycott Israel, for-profit companies |
that contract to shelter migrant children, Iran-restricted |
companies, Sudan-restricted companies, and expatriated |
entities. |
(a) As used in this Section: |
"Boycott Israel" means engaging in actions that are |
politically motivated and are intended to penalize, |
inflict economic harm on, or otherwise limit commercial |
relations with the State of Israel or companies based in |
the State of Israel or in territories controlled by the |
State of Israel. |
"Company" means any sole proprietorship, organization, |
association, corporation, partnership, joint venture, |
limited partnership, limited liability partnership, |
limited liability company, or other entity or business |
association, including all wholly owned subsidiaries, |
majority-owned subsidiaries, parent companies, or |
affiliates of those entities or business associations, |
that exist for the purpose of making profit. |
"Contract to shelter migrant children" means entering |
into a contract with the federal government to shelter |
migrant children under the federal Unaccompanied Alien |
|
Children Program or a substantially similar federal |
program. |
"Illinois Investment Policy Board" means the board |
established under subsection (b) of this Section. |
"Direct holdings" in a company means all publicly |
traded securities of that company that are held directly |
by the retirement system in an actively managed account or |
fund in which the retirement system owns all shares or |
interests. |
"Expatriated entity" has the meaning ascribed to it in |
Section 1-15.120 of the Illinois Procurement Code. |
"Indirect holdings" in a company means all securities |
of that company that are held in an account or fund, such |
as a mutual fund, managed by one or more persons not |
employed by the retirement system, in which the retirement |
system owns shares or interests together with other |
investors not subject to the provisions of this Section or |
that are held in an index fund. |
"Iran-restricted company" means a company that meets |
the qualifications under Section 1-110.15 of this Code. |
"Private market fund" means any private equity fund, |
private equity funds of funds, venture capital fund, hedge |
fund, hedge fund of funds, real estate fund, or other |
investment vehicle that is not publicly traded. |
"Restricted companies" means companies that boycott |
Israel, for-profit companies that contract to shelter |
|
migrant children, Iran-restricted companies, |
Sudan-restricted companies, and expatriated entities. |
"Retirement system" means a retirement system |
established under Article 2, 14, 15, 16, or 18 of this Code |
or the Illinois State Board of Investment. |
"Sudan-restricted company" means a company that meets |
the qualifications under Section 1-110.6 of this Code. |
(b) There shall be established an Illinois Investment |
Policy Board. The Illinois Investment Policy Board shall |
consist of 7 members. Each board of a pension fund or |
investment board created under Article 15, 16, or 22A of this |
Code shall appoint one member, and the Governor shall appoint |
4 members. The Governor shall designate one member of the |
Board as the Chairperson. |
(b-5) The term of office of each member appointed by the |
Governor, who is serving on the Board on June 30, 2022, is |
abolished on that date. The terms of office of members |
appointed by the Governor after June 30, 2022 shall be as |
follows: 2 initial members shall be appointed for terms of 2 |
years, and 2 initial members shall be appointed for terms of 4 |
years. Thereafter, the members appointed by the Governor shall |
hold office for 4 years, except that any member chosen to fill |
a vacancy occurring otherwise than by expiration of a term |
shall be appointed only for the unexpired term of the member |
whom he or she shall succeed. Board members may be |
reappointed. The Governor may remove a Governor's appointee to |
|
the Board for incompetence, neglect of duty, malfeasance, or |
inability to serve. |
(c) Notwithstanding any provision of law to the contrary, |
beginning January 1, 2016, Sections 110.15 and 1-110.6 of this |
Code shall be administered in accordance with this Section. |
(d) By April 1, 2016, the Illinois Investment Policy Board |
shall make its best efforts to identify all Iran-restricted |
companies, Sudan-restricted companies, and companies that |
boycott Israel and assemble those identified companies into a |
list of restricted companies, to be distributed to each |
retirement system. |
These efforts shall include the following, as appropriate |
in the Illinois Investment Policy Board's judgment: |
(1) reviewing and relying on publicly available |
information regarding Iran-restricted companies, |
Sudan-restricted companies, and companies that boycott |
Israel, including information provided by nonprofit |
organizations, research firms, and government entities; |
(2) contacting asset managers contracted by the |
retirement systems that invest in Iran-restricted |
companies, Sudan-restricted companies, and companies that |
boycott Israel; |
(3) contacting other institutional investors that have |
divested from or engaged with Iran-restricted companies, |
Sudan-restricted companies, and companies that boycott |
Israel; and |
|
(4) retaining an independent research firm to identify |
Iran-restricted companies, Sudan-restricted companies, |
and companies that boycott Israel. |
The Illinois Investment Policy Board shall review the list |
of restricted companies on a quarterly basis based on evolving |
information from, among other sources, those listed in this |
subsection (d) and distribute any updates to the list of |
restricted companies to the retirement systems and the State |
Treasurer. |
By April 1, 2018, the Illinois Investment Policy Board |
shall make its best efforts to identify all expatriated |
entities and include those companies in the list of restricted |
companies distributed to each retirement system and the State |
Treasurer. These efforts shall include the following, as |
appropriate in the Illinois Investment Policy Board's |
judgment: |
(1) reviewing and relying on publicly available |
information regarding expatriated entities, including |
information provided by nonprofit organizations, research |
firms, and government entities; |
(2) contacting asset managers contracted by the |
retirement systems that invest in expatriated entities; |
(3) contacting other institutional investors that have |
divested from or engaged with expatriated entities; and |
(4) retaining an independent research firm to identify |
expatriated entities. |
|
By July 1, 2022, the Illinois Investment Policy Board |
shall make its best efforts to identify all for-profit |
companies that contract to shelter migrant children and |
include those companies in the list of restricted companies |
distributed to each retirement system. These efforts shall |
include the following, as appropriate in the Illinois |
Investment Policy Board's judgment: |
(1) reviewing and relying on publicly available |
information regarding for-profit companies that contract |
to shelter migrant children, including information |
provided by nonprofit organizations, research firms, and |
government entities; |
(2) contacting asset managers contracted by the |
retirement systems that invest in for-profit companies |
that contract to shelter migrant children; |
(3) contacting other institutional investors that have |
divested from or engaged with for-profit companies that |
contract to shelter migrant children; and |
(4) retaining an independent research firm to identify |
for-profit companies that contract to shelter migrant |
children. |
(e) The Illinois Investment Policy Board shall adhere to |
the following procedures for companies on the list of |
restricted companies: |
(1) For each company newly identified in subsection |
(d), the Illinois Investment Policy Board shall send a |
|
written notice informing the company of its status and |
that it may become subject to divestment or shareholder |
activism by the retirement systems. |
(2) If, following the Illinois Investment Policy |
Board's engagement pursuant to this subsection (e) with a |
restricted company, that company ceases activity that |
designates the company to be an Iran-restricted company, a |
Sudan-restricted company, a company that boycotts Israel, |
an expatriated entity, or a for-profit company that |
contracts to shelter migrant children, the company shall |
be removed from the list of restricted companies and the |
provisions of this Section shall cease to apply to it |
unless it resumes such activities. |
(f) Except as provided in subsection (f-1) of this Section |
the retirement system shall adhere to the following procedures |
for companies on the list of restricted companies: |
(1) The retirement system shall identify those |
companies on the list of restricted companies in which the |
retirement system owns direct holdings and indirect |
holdings. |
(2) The retirement system shall instruct its |
investment advisors to sell, redeem, divest, or withdraw |
all direct holdings of restricted companies from the |
retirement system's assets under management in an orderly |
and fiduciarily responsible manner within 12 months after |
the company's most recent appearance on the list of |
|
restricted companies. |
(3) The retirement system may not acquire securities |
of restricted companies. |
(4) The provisions of this subsection (f) do not apply |
to the retirement system's indirect holdings or private |
market funds. The Illinois Investment Policy Board shall |
submit letters to the managers of those investment funds |
containing restricted companies requesting that they |
consider removing the companies from the fund or create a |
similar actively managed fund having indirect holdings |
devoid of the companies. If the manager creates a similar |
fund, the retirement system shall replace all applicable |
investments with investments in the similar fund in an |
expedited timeframe consistent with prudent investing |
standards. |
(f-1) The retirement system shall adhere to the following |
procedures for restricted companies that are expatriated |
entities or for-profit companies that contract to shelter |
migrant children: |
(1) To the extent that the retirement system believes |
that shareholder activism would be more impactful than |
divestment, the retirement system shall have the authority |
to engage with a restricted company prior to divesting. |
(2) Subject to any applicable State or Federal laws, |
methods of shareholder activism utilized by the retirement |
system may include, but are not limited to, bringing |
|
shareholder resolutions and proxy voting on shareholder |
resolutions. |
(3) The retirement system shall report on its |
shareholder activism and the outcome of such efforts to |
the Illinois Investment Policy Board by April 1 of each |
year. |
(4) If the engagement efforts of the retirement system |
are unsuccessful, then it shall adhere to the procedures |
under subsection (f) of this Section. |
(g) Upon request, and by April 1 of each year, each |
retirement system shall provide the Illinois Investment Policy |
Board with information regarding investments sold, redeemed, |
divested, or withdrawn in compliance with this Section. |
(h) Notwithstanding any provision of this Section to the |
contrary, a retirement system may cease divesting from |
companies pursuant to subsection (f) if clear and convincing |
evidence shows that the value of investments in such companies |
becomes equal to or less than 0.5% of the market value of all |
assets under management by the retirement system. For any |
cessation of divestment authorized by this subsection (h), the |
retirement system shall provide a written notice to the |
Illinois Investment Policy Board in advance of the cessation |
of divestment, setting forth the reasons and justification, |
supported by clear and convincing evidence, for its decision |
to cease divestment under subsection (f). |
(i) The cost associated with the activities of the |
|
Illinois Investment Policy Board shall be borne by the boards |
of each pension fund or investment board created under Article |
15, 16, or 22A of this Code. |
(j) With respect to actions taken in compliance with this |
Section, including all good-faith determinations regarding |
companies as required by this Section, the retirement system |
and Illinois Investment Policy Board are exempt from any |
conflicting statutory or common law obligations, including any |
fiduciary duties under this Article and any obligations with |
respect to choice of asset managers, investment funds, or |
investments for the retirement system's securities portfolios. |
(k) It is not the intent of the General Assembly in |
enacting this amendatory Act of the 99th General Assembly to |
cause divestiture from any company based in the United States |
of America. The Illinois Investment Policy Board shall |
consider this intent when developing or reviewing the list of |
restricted companies. |
(l) If any provision of this amendatory Act of the 99th |
General Assembly or its application to any person or |
circumstance is held invalid, the invalidity of that provision |
or application does not affect other provisions or |
applications of this amendatory Act of the 99th General |
Assembly that can be given effect without the invalid |
provision or application.
|
If any provision of Public Act 100-551 or its application |
to any person or circumstance is held invalid, the invalidity |
|
of that provision or application does not affect other |
provisions or applications of Public Act 100-551 that can be |
given effect without the invalid provision or application. |
If any provision of this amendatory Act of the 102nd |
General Assembly or its application to any person or |
circumstance is held invalid, the invalidity of that provision |
or application does not affect other provisions or |
applications of this amendatory Act of the 102nd General |
Assembly that can be given effect without the invalid |
provision or application. |
(Source: P.A. 102-118, eff. 7-23-21.) |
Section 5-67. The Law Enforcement Camera Grant Act is |
amended by changing Section 5 as follows: |
(50 ILCS 707/5) |
Sec. 5. Definitions. As used in this Act: |
"Board" means the Illinois Law Enforcement Training |
Standards Board
created by the Illinois Police Training Act. |
"In-car video camera" means a video camera located in a |
law enforcement patrol vehicle. |
"In-car video camera recording equipment" means a video |
camera recording system located in a law enforcement patrol |
vehicle consisting of a camera assembly, recording mechanism, |
and an in-car video recording medium. |
"In uniform" means a law enforcement officer who is |
|
wearing any officially authorized uniform designated by a law |
enforcement agency, or a law enforcement officer who is |
visibly wearing articles of clothing, badge, tactical gear, |
gun belt, a patch, or other insignia indicating that he or she |
is a law enforcement officer acting in the course of his or her |
duties. |
"Law enforcement officer" or "officer" means any person |
employed by a
unit of local government county, municipality, |
township, or an Illinois public university as a policeman, |
peace officer or in some
like position involving the |
enforcement of the law and protection of the
public interest |
at the risk of that person's life. |
"Officer-worn body camera" means an electronic camera |
system for creating, generating, sending, receiving, storing, |
displaying, and processing audiovisual recordings that may be |
worn about the person of a law enforcement officer. |
"Recording" means the process of capturing data or |
information stored on a recording medium as required under |
this Act. |
"Recording medium" means any recording medium authorized |
by the Board for the retention and playback of recorded audio |
and video including, but not limited to, VHS, DVD, hard drive, |
cloud storage, solid state, digital, flash memory technology, |
or any other electronic medium.
|
"Unit of local government" has the meaning ascribed to it |
in Section 1 of Article VII of the Illinois Constitution. |
|
(Source: P.A. 102-16, eff. 6-17-21.) |
Section 5-69. The Illinois Municipal Code is amended by |
changing Sections 8-3-14b and 8-3-14c as follows: |
(65 ILCS 5/8-3-14b) |
(Section scheduled to be repealed on January 1, 2023) |
Sec. 8-3-14b. Municipal hotel operators' tax in DuPage |
County. For any municipality located within DuPage County that |
belongs to a not-for-profit organization headquartered in |
DuPage County that is recognized by the Department of Commerce |
and Economic Opportunity as a certified local tourism and |
convention bureau entitled to receive State tourism grant |
funds, not less than 75% of the amounts collected pursuant to |
Section 8-3-14 shall be expended by the municipality to |
promote tourism and conventions within that municipality or |
otherwise to attract nonresident overnight visitors to the |
municipality, and the remainder of the amounts collected by a |
municipality within DuPage County pursuant to Section 8-3-14 |
may be expended by the municipality for economic development |
or capital infrastructure. |
This Section is repealed on January 1, 2025 January 1, |
2023 .
|
(Source: P.A. 101-204, eff. 8-2-19.) |
(65 ILCS 5/8-3-14c) |
|
(Section scheduled to be repealed on January 1, 2023) |
Sec. 8-3-14c. Municipal hotel use tax in DuPage County. |
For any municipality located within DuPage County that belongs |
to a not-for-profit organization headquartered in DuPage |
County that is recognized by the Department of Commerce and |
Economic Opportunity as a certified local tourism and |
convention bureau entitled to receive State tourism grant |
funds, not less than 75% of the amounts collected pursuant to |
Section 8-3-14a shall be expended by the municipality to |
promote tourism and conventions within that municipality or |
otherwise to attract nonresident overnight visitors to the |
municipality, and the remainder of the amounts collected by a |
municipality within DuPage County pursuant to Section 8-3-14a |
may be expended by the municipality for economic development |
or capital infrastructure. |
This Section is repealed on January 1, 2025 January 1, |
2023 .
|
(Source: P.A. 101-204, eff. 8-2-19.) |
Section 5-70. The Metropolitan Pier and Exposition |
Authority Act is amended by changing Sections 5 and 14 as |
follows: |
(70 ILCS 210/5) (from Ch. 85, par. 1225) |
Sec. 5. The Metropolitan Pier and Exposition Authority |
shall also have the
following rights and powers: |
|
(a) To accept from Chicago Park Fair, a corporation, |
an assignment of
whatever sums of money it may have |
received from the Fair and Exposition
Fund, allocated by |
the Department of Agriculture of the State of Illinois,
|
and Chicago Park Fair is hereby authorized to assign, set |
over and transfer
any of those funds to the Metropolitan |
Pier and Exposition Authority. The
Authority has the right |
and power hereafter to receive sums as may be
distributed |
to it by the Department of Agriculture of the State of |
Illinois
from the Fair and Exposition Fund pursuant to the |
provisions of Sections 5,
6i, and 28 of the State Finance |
Act. All sums received by the Authority
shall be held in |
the sole custody of the secretary-treasurer of the
|
Metropolitan Pier and Exposition Board. |
(b) To accept the assignment of, assume and execute |
any contracts
heretofore entered into by Chicago Park |
Fair. |
(c) To acquire, own, construct, equip, lease, operate |
and maintain
grounds, buildings and facilities to carry |
out its corporate purposes and
duties, and to carry out or |
otherwise provide for the recreational,
cultural, |
commercial or residential development of Navy Pier, and to |
fix
and collect just, reasonable and nondiscriminatory |
charges for the use
thereof. The charges so collected |
shall be made available to defray the
reasonable expenses |
of the Authority and to pay the principal of and the
|
|
interest upon any revenue bonds issued by the Authority. |
The Authority
shall be subject to and comply with the Lake |
Michigan and Chicago Lakefront
Protection Ordinance, the |
Chicago Building Code, the Chicago Zoning
Ordinance, and |
all ordinances and regulations of the City of Chicago
|
contained in the following Titles of the Municipal Code of |
Chicago:
Businesses, Occupations and Consumer Protection; |
Health and Safety; Fire
Prevention; Public Peace, Morals |
and Welfare; Utilities
and Environmental Protection; |
Streets, Public Ways, Parks, Airports and
Harbors; |
Electrical Equipment and Installation; Housing and |
Economic
Development (only Chapter 5-4 thereof); and |
Revenue and Finance (only so far
as such Title pertains to |
the Authority's duty to collect taxes on behalf
of the |
City of Chicago). |
(d) To enter into contracts treating in any manner |
with the objects and
purposes of this Act. |
(e) To lease any buildings to the Adjutant General of |
the State of
Illinois for the use of the Illinois National |
Guard or the Illinois
Naval Militia. |
(f) To exercise the right of eminent domain by |
condemnation proceedings
in the manner provided by the |
Eminent Domain Act,
including, with respect to Site B |
only, the authority to exercise quick
take condemnation by |
immediate vesting of title under Article 20 of the Eminent |
Domain Act, to acquire any privately
owned real or |
|
personal property and, with respect to Site B only, public
|
property used for rail transportation purposes (but no |
such taking of such
public property shall, in the |
reasonable judgment of the owner, interfere
with such rail |
transportation) for the lawful purposes of the Authority |
in
Site A, at Navy Pier, and at Site B. Just compensation |
for property taken
or acquired under this paragraph shall |
be paid in money or, notwithstanding
any other provision |
of this Act and with the agreement of the owner of the
|
property to be taken or acquired, the Authority may convey |
substitute
property or interests in property or enter into |
agreements with the
property owner, including leases, |
licenses, or concessions, with respect to
any property |
owned by the Authority, or may provide for other lawful |
forms
of just compensation to the owner. Any property |
acquired in condemnation
proceedings shall be used only as |
provided in this Act. Except as
otherwise provided by law, |
the City of Chicago shall have a right of first
refusal |
prior to any sale of any such property by the Authority to |
a third
party other than substitute property. The |
Authority shall develop and
implement a relocation plan |
for businesses displaced as a result of the
Authority's |
acquisition of property. The relocation plan shall be
|
substantially similar to provisions of the Uniform |
Relocation Assistance
and Real Property Acquisition Act |
and regulations promulgated under that
Act relating to |
|
assistance to displaced businesses. To implement the
|
relocation plan the Authority may acquire property by |
purchase or gift or
may exercise the powers authorized in |
this subsection (f), except the
immediate vesting of title |
under Article 20 of the Eminent Domain Act, to acquire |
substitute private property within one mile
of Site B for |
the benefit of displaced businesses located on property |
being
acquired by the Authority. However, no such |
substitute property may be
acquired by the Authority |
unless the mayor of the municipality in which the
property |
is located certifies in writing that the acquisition is |
consistent
with the municipality's land use and economic |
development policies and
goals. The acquisition of |
substitute property is declared to be for public
use. In |
exercising the powers authorized in this subsection (f), |
the
Authority shall use its best efforts to relocate |
businesses within the area
of McCormick Place or, failing |
that, within the City of Chicago. |
(g) To enter into contracts relating to construction |
projects which
provide for the delivery by the contractor |
of a completed project,
structure, improvement, or |
specific portion thereof, for a fixed maximum
price, which |
contract may provide that the delivery of the project,
|
structure, improvement, or specific portion thereof, for |
the fixed maximum
price is insured or guaranteed by a |
third party capable of completing
the construction. |
|
(h) To enter into agreements with any person with |
respect to the use
and occupancy of the grounds, |
buildings, and facilities of the Authority,
including |
concession, license, and lease agreements on terms and |
conditions as
the Authority determines. Notwithstanding |
Section 24, agreements with respect
to the use and |
occupancy of the grounds, buildings, and facilities of the
|
Authority for a term of more than one year shall be entered |
into in accordance
with the procurement process provided |
for in Section 25.1. |
(i) To enter into agreements with any person with |
respect to the
operation and management of the grounds, |
buildings, and facilities of the
Authority or the |
provision of goods and services on terms and
conditions as |
the Authority determines. |
(j) After conducting the procurement process provided |
for in Section 25.1,
to enter into one or more contracts to |
provide for the design and
construction of all or part of |
the Authority's Expansion Project grounds,
buildings, and |
facilities. Any contract for design and construction of |
the
Expansion Project shall be in the form authorized by |
subsection (g), shall
be for a fixed maximum price not in |
excess of the funds that are authorized
to be made |
available
for those purposes during the term of the |
contract, and shall be entered
into before commencement of |
construction. |
|
(k) To enter into agreements, including project |
agreements with labor
unions, that the Authority deems |
necessary to complete the Expansion Project
or any other |
construction or improvement project in the most timely
and |
efficient manner and without strikes, picketing, or other |
actions that
might cause disruption or delay and thereby |
add to the cost of the project. |
(l) To provide incentives to organizations and |
entities that agree to make use of the grounds, buildings, |
and facilities of the Authority for conventions, meetings, |
or trade shows. The incentives may take the form of |
discounts from regular fees charged by the Authority, |
subsidies for or assumption of the costs incurred with |
respect to the convention, meeting, or trade show, or |
other inducements. The Authority shall award incentives to |
attract or retain conventions, meetings, and trade shows |
under the terms set forth in this subsection (l) from |
amounts appropriated to the Authority from the |
Metropolitan Pier and Exposition Authority Incentive Fund |
for this purpose. |
No later than May 15 of each year, the Chief Executive |
Officer of the Metropolitan Pier and Exposition Authority |
shall certify to the State Comptroller and the State |
Treasurer the amounts of incentive grant funds used during |
the current fiscal year to provide incentives for |
conventions, meetings, or trade shows that: |
|
(i) have been approved by the Authority, in |
consultation with an organization meeting the |
qualifications set out in Section 5.6 of this Act, |
provided the Authority has entered into a marketing |
agreement with such an organization, |
(ii)(A) for fiscal years prior to 2022 and after |
2024, demonstrate registered attendance in excess of |
5,000 individuals or in excess of 10,000 individuals, |
as appropriate; |
(B) for fiscal years 2022 through 2024, |
demonstrate registered attendance in excess of 3,000 |
individuals or in excess of 5,000 individuals, as |
appropriate; or |
(C) for fiscal years 2022 and 2023, regardless of |
registered attendance, demonstrate incurrence of costs |
associated with mitigation of COVID-19, including, but |
not limited to, costs for testing and screening, |
contact tracing and notification, personal protective |
equipment, and other physical and organizational |
costs, and |
(iii) in the case of subparagraphs (A) and (B) of |
paragraph (ii), but for the incentive, would not have |
used the facilities of the Authority for the |
convention, meeting, or trade show. The State |
Comptroller may request that the Auditor General |
conduct an audit of the accuracy of the certification. |
|
If the State Comptroller determines by this process of |
certification that incentive funds, in whole or in |
part, were disbursed by the Authority by means other |
than in accordance with the standards of this |
subsection (l), then any amount transferred to the |
Metropolitan Pier and Exposition Authority Incentive |
Fund shall be reduced during the next subsequent |
transfer in direct proportion to that amount |
determined to be in violation of the terms set forth in |
this subsection (l). |
On July 15, 2012, the Comptroller shall order |
transferred, and the Treasurer shall transfer, into the |
Metropolitan Pier and Exposition Authority Incentive Fund |
from the General Revenue Fund the sum of $7,500,000 plus |
an amount equal to the incentive grant funds certified by |
the Chief Executive Officer as having been lawfully paid |
under the provisions of this Section in the previous 2 |
fiscal years that have not otherwise been transferred into |
the Metropolitan Pier and Exposition Authority Incentive |
Fund, provided that transfers in excess of $15,000,000 |
shall not be made in any fiscal year. |
On July 15, 2013, the Comptroller shall order |
transferred, and the Treasurer shall transfer, into the |
Metropolitan Pier and Exposition Authority Incentive Fund |
from the General Revenue Fund the sum of $7,500,000 plus |
an amount equal to the incentive grant funds certified by |
|
the Chief Executive Officer as having been lawfully paid |
under the provisions of this Section in the previous |
fiscal year that have not otherwise been transferred into |
the Metropolitan Pier and Exposition Authority Incentive |
Fund, provided that transfers in excess of $15,000,000 |
shall not be made in any fiscal year. |
On July 15, 2014, and every year thereafter, the |
Comptroller shall order transferred, and the Treasurer |
shall transfer, into the Metropolitan Pier and Exposition |
Authority Incentive Fund from the General Revenue Fund an |
amount equal to the incentive grant funds certified by the |
Chief Executive Officer as having been lawfully paid under |
the provisions of this Section in the previous fiscal year |
that have not otherwise been transferred into the |
Metropolitan Pier and Exposition Authority Incentive Fund, |
provided that (1) no transfers with respect to any |
previous fiscal year shall be made after the transfer has |
been made with respect to the 2017 fiscal year until the |
transfer that is made for the 2022 fiscal year and |
thereafter, and no transfers with respect to any previous |
fiscal year shall be made after the transfer has been made |
with respect to the 2026 fiscal year, and (2) transfers in |
excess of $15,000,000 shall not be made in any fiscal |
year. |
After a transfer has been made under this subsection |
(l), the Chief Executive Officer shall file a request for |
|
payment with the Comptroller evidencing that the incentive |
grants have been made and the Comptroller shall thereafter |
order paid, and the Treasurer shall pay, the requested |
amounts to the Metropolitan Pier and Exposition Authority. |
Excluding any amounts related to the payment of costs |
associated with the mitigation of COVID-19 in accordance |
with this subsection (l), in no case shall more than |
$5,000,000 be used in any one year by the Authority for |
incentives granted conventions, meetings, or trade shows |
with a registered attendance of (1) more than 5,000 and |
less than 10,000 prior to the 2022 fiscal year and after |
the 2024 fiscal year and (2) more than 3,000 and less than |
5,000 for fiscal years 2022 through 2024. Amounts in the |
Metropolitan Pier and Exposition Authority Incentive Fund |
shall only be used by the Authority for incentives paid to |
attract or retain conventions, meetings, and trade shows |
as provided in this subsection (l). |
(l-5) The Village of Rosemont shall provide incentives |
from amounts transferred into the Convention Center |
Support Fund to retain and attract conventions, meetings, |
or trade shows to the Donald E. Stephens Convention Center |
under the terms set forth in this subsection (l-5). |
No later than May 15 of each year, the Mayor of the |
Village of Rosemont or his or her designee shall certify |
to the State Comptroller and the State Treasurer the |
amounts of incentive grant funds used during the previous |
|
fiscal year to provide incentives for conventions, |
meetings, or trade shows that (1) have been approved by |
the Village, (2) demonstrate registered attendance in |
excess of 5,000 individuals, and (3) but for the |
incentive, would not have used the Donald E. Stephens |
Convention Center facilities for the convention, meeting, |
or trade show. The State Comptroller may request that the |
Auditor General conduct an audit of the accuracy of the |
certification. |
If the State Comptroller determines by this process of |
certification that incentive funds, in whole or in part, |
were disbursed by the Village by means other than in |
accordance with the standards of this subsection (l-5), |
then the amount transferred to the Convention Center |
Support Fund shall be reduced during the next subsequent |
transfer in direct proportion to that amount determined to |
be in violation of the terms set forth in this subsection |
(l-5). |
On July 15, 2012, and each year thereafter, the |
Comptroller shall order transferred, and the Treasurer |
shall transfer, into the Convention Center Support Fund |
from the General Revenue Fund the amount of $5,000,000 for |
(i) incentives to attract large conventions, meetings, and |
trade shows to the Donald E. Stephens Convention Center, |
and (ii) to be used by the Village of Rosemont for the |
repair, maintenance, and improvement of the Donald E. |
|
Stephens Convention Center and for debt service on debt |
instruments issued for those purposes by the village. No |
later than 30 days after the transfer, the Comptroller |
shall order paid, and the Treasurer shall pay, to the |
Village of Rosemont the amounts transferred. |
(m) To enter into contracts with any person conveying |
the naming rights or other intellectual property rights |
with respect to the grounds, buildings, and facilities of |
the Authority. |
(n) To enter into grant agreements with the Chicago |
Convention and Tourism Bureau providing for the marketing |
of the convention facilities to large and small |
conventions, meetings, and trade shows and the promotion |
of the travel industry in the City of Chicago, provided |
such agreements meet the requirements of Section 5.6 of |
this Act. Receipts of the Authority from the increase in |
the airport departure tax authorized in subsection (f) of |
Section 13 of this Act by Public Act 96-898 by Section |
13(f) of this amendatory Act of the 96th General Assembly |
and, subject to appropriation to the Authority, funds |
deposited in the Chicago Travel Industry Promotion Fund |
pursuant to Section 6 of the Hotel Operators' Occupation |
Tax Act shall be granted to the Bureau for such purposes. |
For Fiscal Year 2023 only, the Department of Commerce
|
and Economic Opportunity shall enter into the grant |
agreements described in this subsection in place of the |
|
Authority. The grant agreements entered into by the |
Department and the Bureau under this subsection are not |
subject to the matching funds requirements or the other |
terms and conditions of Section 605-705 of the Department |
of Commerce and Economic Opportunity Law of the Civil |
Administrative Code of Illinois. Subject to appropriation, |
funds transferred into the Chicago Travel Industry |
Promotion Fund pursuant to subsection (f) of Section |
6z-121 of the State Finance Act shall be granted to the |
Bureau for the purposes described in this subsection. The |
Department shall have authority to make expenditures from |
the Chicago Travel Industry Promotion Fund solely for the |
purpose of providing grants to the Bureau. |
(Source: P.A. 102-16, eff. 6-17-21.) |
(70 ILCS 210/14) (from Ch. 85, par. 1234) |
Sec. 14. Board; compensation. The governing and |
administrative body of the Authority shall be a
board known as |
the Metropolitan Pier and Exposition Board. On the effective |
date of this amendatory Act of the 96th General Assembly, the |
Trustee shall assume the duties and powers of the Board for a |
period of 18 months or until the Board is fully constituted, |
whichever is later. Any action requiring Board approval shall |
be deemed approved by the Board if the Trustee approves the |
action in accordance with Section 14.5. Beginning the first |
Monday of the month occurring 18 months after the effective |
|
date of this amendatory Act of the 96th General Assembly, the |
Board shall consist of 9 members. The Governor shall appoint 4 |
members to the Board, subject to the advice and consent of the |
Senate. The Mayor shall appoint 4 members to the Board. At |
least one member of the Board shall represent the interests of |
labor and at least one member of the Board shall represent the |
interests of the convention industry. A majority of the |
members appointed by the Governor and Mayor shall appoint a |
ninth member to serve as the chairperson. The Board shall be |
fully constituted when a quorum has been appointed. The |
members of
the board shall be individuals of generally |
recognized ability and
integrity. No member of the Board may |
be (i) an
officer or employee of, or a member of a board, |
commission or authority of,
the State, any unit of local |
government or any school district or (ii) a person who served |
on the Board prior to the effective date of this amendatory Act |
of the 96th General Assembly. |
Of the initial members appointed by the Governor, one |
shall serve for a term expiring June 1, 2013, one shall serve |
for a term expiring June 1, 2014, one shall serve for a term |
expiring June 1, 2015, and one shall serve for a term expiring |
June 1, 2016, as determined by the Governor. Of the initial |
members appointed by the Mayor, one shall serve for a term |
expiring June 1, 2013, one shall serve for a term expiring June |
1, 2014, one shall serve for a term expiring June 1, 2015, and |
one shall serve for a term expiring June 1, 2016, as determined |
|
by the Mayor. The initial chairperson appointed by the Board |
shall serve a term for a term expiring June 1, 2015. Successors |
shall be appointed to 4-year terms. No person may be appointed |
to more than 3 terms. |
Members of the Board shall serve without compensation, but |
shall be reimbursed for actual
expenses incurred by them in |
the performance of their duties. All members of
the Board and |
employees of the Authority are subject to the Illinois
|
Governmental Ethics Act, in accordance with its terms. |
(Source: P.A. 100-1116, eff. 11-28-18.) |
Section 5-73. The Joliet Arsenal Development Authority Act |
is amended by changing Section 55 as follows: |
(70 ILCS 508/55) |
Sec. 55. Abolition of Authority. The Authority shall be |
abolished upon
the last to occur of the following: (1) |
expiration of the 30-year 25-year period that
begins on the |
effective date of this Act; or (2) one year
after all revenue |
bonds, notes, and other evidences of indebtedness of the
|
Authority
have been fully paid and discharged or otherwise |
provided for. Upon the
abolition of the Authority, all of its |
rights and property shall pass to and be
vested in the State. |
(Source: P.A. 96-1122, eff. 7-20-10.) |
Section 5-75. The School Code is amended by changing |
|
Sections 2-3.33, 2-3.192, and 18-8.15 as follows: |
(105 ILCS 5/2-3.33) (from Ch. 122, par. 2-3.33)
|
Sec. 2-3.33. Recomputation of claims. To recompute within |
3 years from the
final date for filing of a claim any claim for |
general State aid reimbursement to any school
district and one |
year from the final date for filing of a claim for |
evidence-based funding if the claim has been found to be |
incorrect and to adjust subsequent
claims accordingly, and to |
recompute and adjust any such claims within 6 years
from the |
final date for filing when there has been an adverse court or
|
administrative agency decision on
the merits affecting the tax |
revenues of the school district. However, no such
adjustment |
shall be made regarding equalized assessed valuation unless |
the
district's equalized assessed valuation is changed by |
greater than $250,000 or
2%. Any adjustments for claims |
recomputed for the 2016-2017 school year and prior school |
years shall be applied to the apportionment of evidence-based |
funding in Section 18-8.15 of this Code beginning in the |
2017-2018 school year and thereafter. However, the |
recomputation of a claim for evidence-based funding for a |
school district shall not require the recomputation of claims |
for all districts, and the State Board of Education shall only |
make recomputations of evidence-based funding for those |
districts where an adjustment is required.
The State Board is |
authorized to and shall apply corrections to data used in |
|
evidence-based funding calculations that may result in current |
year adjustments and shall recover funds previously scheduled |
to be distributed or previously distributed to an |
Organizational Unit or specially funded unit during a fiscal |
year in accordance with Section 18-8.15 of this Code.
|
Except in the case of an adverse court or administrative |
agency decision,
no recomputation of a
State aid claim shall |
be made pursuant to this Section as a result of a
reduction in |
the assessed valuation of a school district from the assessed
|
valuation of the district reported to the State Board of |
Education by the
Department of Revenue under Section 18-8.05 |
or 18-8.15 of this Code unless the
requirements of Section
|
16-15 of the Property Tax Code and Section 2-3.84 of this Code |
are
complied with in all respects.
|
This paragraph applies to all requests for recomputation |
of a general
State aid or evidence-based funding claim |
received after June 30, 2003. In recomputing a general
State |
aid or evidence-based funding claim that was originally |
calculated using an extension
limitation equalized assessed |
valuation under paragraph (3) of
subsection (G) of Section |
18-8.05 of this Code or Section 18-8.15 of this Code, a |
qualifying reduction in
equalized assessed valuation shall be |
deducted from the extension
limitation equalized assessed |
valuation that was used in calculating the
original claim.
|
From the total amount of general State aid or |
evidence-based funding to be provided to
districts, |
|
adjustments as a result of recomputation under this Section
|
together with adjustments under Section 2-3.84 must not exceed |
$25
million, in the aggregate for all districts under both |
Sections combined,
of the general State aid or evidence-based |
funding appropriation in any fiscal year; if necessary,
|
amounts shall be prorated among districts. If it is necessary |
to prorate
claims under this paragraph, then that portion of |
each prorated claim that is
approved but not paid in the |
current fiscal year may be resubmitted as a
valid claim in the |
following fiscal year.
|
(Source: P.A. 100-465, eff. 8-31-17.)
|
(105 ILCS 5/2-3.192 new) |
Sec. 2-3.192. Significant loss grant program. Subject to |
specific State appropriation, the State Board shall make |
Significant Loss Grants available to school districts that |
meet all of the following requirements: |
(1) The district has been affected by a recent |
substantial loss of contributions from a single taxpayer |
that resulted in either a significant loss of the overall |
district Equalized Assessed Value or a significant loss in |
property tax revenue from January 1, 2018 through the |
effective date of this amendatory Act of the 102nd General |
Assembly. |
(2) The district's total equalized assessed value is |
significantly derived from a single taxpayer. |
|
(3) The district's administrative office is located in |
a county with less than 30,000 inhabitants. |
(4) The district has a total student enrollment of |
less than 500 students as published on the most recent |
Illinois School Report Card. |
(5) The district has a low income concentration of at |
least 45% as published on the most recent Illinois School |
Report Card. |
The Professional Review Panel shall make recommendations |
to the State Board regarding grant eligibility and |
allocations. The State Board shall determine grant eligibility |
and allocations.
This Section is repealed on July 1, 2023. |
(105 ILCS 5/18-8.15) |
Sec. 18-8.15. Evidence-Based Funding for student success |
for the 2017-2018 and subsequent school years. |
(a) General provisions. |
(1) The purpose of this Section is to ensure that, by |
June 30, 2027 and beyond, this State has a kindergarten |
through grade 12 public education system with the capacity |
to ensure the educational development of all persons to |
the limits of their capacities in accordance with Section |
1 of Article X of the Constitution of the State of |
Illinois. To accomplish that objective, this Section |
creates a method of funding public education that is |
evidence-based; is sufficient to ensure every student |
|
receives a meaningful opportunity to learn irrespective of |
race, ethnicity, sexual orientation, gender, or |
community-income level; and is sustainable and |
predictable. When fully funded under this Section, every |
school shall have the resources, based on what the |
evidence indicates is needed, to: |
(A) provide all students with a high quality |
education that offers the academic, enrichment, social |
and emotional support, technical, and career-focused |
programs that will allow them to become competitive |
workers, responsible parents, productive citizens of |
this State, and active members of our national |
democracy; |
(B) ensure all students receive the education they |
need to graduate from high school with the skills |
required to pursue post-secondary education and |
training for a rewarding career; |
(C) reduce, with a goal of eliminating, the |
achievement gap between at-risk and non-at-risk |
students by raising the performance of at-risk |
students and not by reducing standards; and |
(D) ensure this State satisfies its obligation to |
assume the primary responsibility to fund public |
education and simultaneously relieve the |
disproportionate burden placed on local property taxes |
to fund schools. |
|
(2) The Evidence-Based Funding formula under this |
Section shall be applied to all Organizational Units in |
this State. The Evidence-Based Funding formula outlined in |
this Act is based on the formula outlined in Senate Bill 1 |
of the 100th General Assembly, as passed by both |
legislative chambers. As further defined and described in |
this Section, there are 4 major components of the |
Evidence-Based Funding model: |
(A) First, the model calculates a unique Adequacy |
Target for each Organizational Unit in this State that |
considers the costs to implement research-based |
activities, the unit's student demographics, and |
regional wage differences. |
(B) Second, the model calculates each |
Organizational Unit's Local Capacity, or the amount |
each Organizational Unit is assumed to contribute |
toward its Adequacy Target from local resources. |
(C) Third, the model calculates how much funding |
the State currently contributes to the Organizational |
Unit and adds that to the unit's Local Capacity to |
determine the unit's overall current adequacy of |
funding. |
(D) Finally, the model's distribution method |
allocates new State funding to those Organizational |
Units that are least well-funded, considering both |
Local Capacity and State funding, in relation to their |
|
Adequacy Target. |
(3) An Organizational Unit receiving any funding under |
this Section may apply those funds to any fund so received |
for which that Organizational Unit is authorized to make |
expenditures by law. |
(4) As used in this Section, the following terms shall |
have the meanings ascribed in this paragraph (4): |
"Adequacy Target" is defined in paragraph (1) of |
subsection (b) of this Section. |
"Adjusted EAV" is defined in paragraph (4) of |
subsection (d) of this Section. |
"Adjusted Local Capacity Target" is defined in |
paragraph (3) of subsection (c) of this Section. |
"Adjusted Operating Tax Rate" means a tax rate for all |
Organizational Units, for which the State Superintendent |
shall calculate and subtract for the Operating Tax Rate a |
transportation rate based on total expenses for |
transportation services under this Code, as reported on |
the most recent Annual Financial Report in Pupil |
Transportation Services, function 2550 in both the |
Education and Transportation funds and functions 4110 and |
4120 in the Transportation fund, less any corresponding |
fiscal year State of Illinois scheduled payments excluding |
net adjustments for prior years for regular, vocational, |
or special education transportation reimbursement pursuant |
to Section 29-5 or subsection (b) of Section 14-13.01 of |
|
this Code divided by the Adjusted EAV. If an |
Organizational Unit's corresponding fiscal year State of |
Illinois scheduled payments excluding net adjustments for |
prior years for regular, vocational, or special education |
transportation reimbursement pursuant to Section 29-5 or |
subsection (b) of Section 14-13.01 of this Code exceed the |
total transportation expenses, as defined in this |
paragraph, no transportation rate shall be subtracted from |
the Operating Tax Rate. |
"Allocation Rate" is defined in paragraph (3) of |
subsection (g) of this Section. |
"Alternative School" means a public school that is |
created and operated by a regional superintendent of |
schools and approved by the State Board. |
"Applicable Tax Rate" is defined in paragraph (1) of |
subsection (d) of this Section. |
"Assessment" means any of those benchmark, progress |
monitoring, formative, diagnostic, and other assessments, |
in addition to the State accountability assessment, that |
assist teachers' needs in understanding the skills and |
meeting the needs of the students they serve. |
"Assistant principal" means a school administrator |
duly endorsed to be employed as an assistant principal in |
this State. |
"At-risk student" means a student who is at risk of |
not meeting the Illinois Learning Standards or not |
|
graduating from elementary or high school and who |
demonstrates a need for vocational support or social |
services beyond that provided by the regular school |
program. All students included in an Organizational Unit's |
Low-Income Count, as well as all English learner and |
disabled students attending the Organizational Unit, shall |
be considered at-risk students under this Section. |
"Average Student Enrollment" or "ASE" for fiscal year |
2018 means, for an Organizational Unit, the greater of the |
average number of students (grades K through 12) reported |
to the State Board as enrolled in the Organizational Unit |
on October 1 in the immediately preceding school year, |
plus the pre-kindergarten students who receive special |
education services of 2 or more hours a day as reported to |
the State Board on December 1 in the immediately preceding |
school year, or the average number of students (grades K |
through 12) reported to the State Board as enrolled in the |
Organizational Unit on October 1, plus the |
pre-kindergarten students who receive special education |
services of 2 or more hours a day as reported to the State |
Board on December 1, for each of the immediately preceding |
3 school years. For fiscal year 2019 and each subsequent |
fiscal year, "Average Student Enrollment" or "ASE" means, |
for an Organizational Unit, the greater of the average |
number of students (grades K through 12) reported to the |
State Board as enrolled in the Organizational Unit on |
|
October 1 and March 1 in the immediately preceding school |
year, plus the pre-kindergarten students who receive |
special education services as reported to the State Board |
on October 1 and March 1 in the immediately preceding |
school year, or the average number of students (grades K |
through 12) reported to the State Board as enrolled in the |
Organizational Unit on October 1 and March 1, plus the |
pre-kindergarten students who receive special education |
services as reported to the State Board on October 1 and |
March 1, for each of the immediately preceding 3 school |
years. For the purposes of this definition, "enrolled in |
the Organizational Unit" means the number of students |
reported to the State Board who are enrolled in schools |
within the Organizational Unit that the student attends or |
would attend if not placed or transferred to another |
school or program to receive needed services. For the |
purposes of calculating "ASE", all students, grades K |
through 12, excluding those attending kindergarten for a |
half day and students attending an alternative education |
program operated by a regional office of education or |
intermediate service center, shall be counted as 1.0. All |
students attending kindergarten for a half day shall be |
counted as 0.5, unless in 2017 by June 15 or by March 1 in |
subsequent years, the school district reports to the State |
Board of Education the intent to implement full-day |
kindergarten district-wide for all students, then all |
|
students attending kindergarten shall be counted as 1.0. |
Special education pre-kindergarten students shall be |
counted as 0.5 each. If the State Board does not collect or |
has not collected both an October 1 and March 1 enrollment |
count by grade or a December 1 collection of special |
education pre-kindergarten students as of August 31, 2017 |
(the effective date of Public Act 100-465), it shall |
establish such collection for all future years. For any |
year in which a count by grade level was collected only |
once, that count shall be used as the single count |
available for computing a 3-year average ASE. Funding for |
programs operated by a regional office of education or an |
intermediate service center must be calculated using the |
Evidence-Based Funding formula under this Section for the |
2019-2020 school year and each subsequent school year |
until separate adequacy formulas are developed and adopted |
for each type of program. ASE for a program operated by a |
regional office of education or an intermediate service |
center must be determined by the March 1 enrollment for |
the program. For the 2019-2020 school year, the ASE used |
in the calculation must be the first-year ASE and, in that |
year only, the assignment of students served by a regional |
office of education or intermediate service center shall |
not result in a reduction of the March enrollment for any |
school district. For the 2020-2021 school year, the ASE |
must be the greater of the current-year ASE or the 2-year |
|
average ASE. Beginning with the 2021-2022 school year, the |
ASE must be the greater of the current-year ASE or the |
3-year average ASE. School districts shall submit the data |
for the ASE calculation to the State Board within 45 days |
of the dates required in this Section for submission of |
enrollment data in order for it to be included in the ASE |
calculation. For fiscal year 2018 only, the ASE |
calculation shall include only enrollment taken on October |
1. In recognition of the impact of COVID-19, the |
definition of "Average Student Enrollment" or "ASE" shall |
be adjusted for calculations under this Section for fiscal |
years 2022 through 2024. For fiscal years 2022 through |
2024, the enrollment used in the calculation of ASE |
representing the 2020-2021 school year shall be the |
greater of the enrollment for the 2020-2021 school year or |
the 2019-2020 school year. |
"Base Funding Guarantee" is defined in paragraph (10) |
of subsection (g) of this Section. |
"Base Funding Minimum" is defined in subsection (e) of |
this Section. |
"Base Tax Year" means the property tax levy year used |
to calculate the Budget Year allocation of primary State |
aid. |
"Base Tax Year's Extension" means the product of the |
equalized assessed valuation utilized by the county clerk |
in the Base Tax Year multiplied by the limiting rate as |
|
calculated by the county clerk and defined in PTELL. |
"Bilingual Education Allocation" means the amount of |
an Organizational Unit's final Adequacy Target |
attributable to bilingual education divided by the |
Organizational Unit's final Adequacy Target, the product |
of which shall be multiplied by the amount of new funding |
received pursuant to this Section. An Organizational |
Unit's final Adequacy Target attributable to bilingual |
education shall include all additional investments in |
English learner students' adequacy elements. |
"Budget Year" means the school year for which primary |
State aid is calculated and awarded under this Section. |
"Central office" means individual administrators and |
support service personnel charged with managing the |
instructional programs, business and operations, and |
security of the Organizational Unit. |
"Comparable Wage Index" or "CWI" means a regional cost |
differentiation metric that measures systemic, regional |
variations in the salaries of college graduates who are |
not educators. The CWI utilized for this Section shall, |
for the first 3 years of Evidence-Based Funding |
implementation, be the CWI initially developed by the |
National Center for Education Statistics, as most recently |
updated by Texas A & M University. In the fourth and |
subsequent years of Evidence-Based Funding implementation, |
the State Superintendent shall re-determine the CWI using |
|
a similar methodology to that identified in the Texas A & M |
University study, with adjustments made no less frequently |
than once every 5 years. |
"Computer technology and equipment" means computers |
servers, notebooks, network equipment, copiers, printers, |
instructional software, security software, curriculum |
management courseware, and other similar materials and |
equipment. |
"Computer technology and equipment investment |
allocation" means the final Adequacy Target amount of an |
Organizational Unit assigned to Tier 1 or Tier 2 in the |
prior school year attributable to the additional $285.50 |
per student computer technology and equipment investment |
grant divided by the Organizational Unit's final Adequacy |
Target, the result of which shall be multiplied by the |
amount of new funding received pursuant to this Section. |
An Organizational Unit assigned to a Tier 1 or Tier 2 final |
Adequacy Target attributable to the received computer |
technology and equipment investment grant shall include |
all additional investments in computer technology and |
equipment adequacy elements. |
"Core subject" means mathematics; science; reading, |
English, writing, and language arts; history and social |
studies; world languages; and subjects taught as Advanced |
Placement in high schools. |
"Core teacher" means a regular classroom teacher in |
|
elementary schools and teachers of a core subject in |
middle and high schools. |
"Core Intervention teacher (tutor)" means a licensed |
teacher providing one-on-one or small group tutoring to |
students struggling to meet proficiency in core subjects. |
"CPPRT" means corporate personal property replacement |
tax funds paid to an Organizational Unit during the |
calendar year one year before the calendar year in which a |
school year begins, pursuant to "An Act in relation to the |
abolition of ad valorem personal property tax and the |
replacement of revenues lost thereby, and amending and |
repealing certain Acts and parts of Acts in connection |
therewith", certified August 14, 1979, as amended (Public |
Act 81-1st S.S.-1). |
"EAV" means equalized assessed valuation as defined in |
paragraph (2) of subsection (d) of this Section and |
calculated in accordance with paragraph (3) of subsection |
(d) of this Section. |
"ECI" means the Bureau of Labor Statistics' national |
employment cost index for civilian workers in educational |
services in elementary and secondary schools on a |
cumulative basis for the 12-month calendar year preceding |
the fiscal year of the Evidence-Based Funding calculation. |
"EIS Data" means the employment information system |
data maintained by the State Board on educators within |
Organizational Units. |
|
"Employee benefits" means health, dental, and vision |
insurance offered to employees of an Organizational Unit, |
the costs associated with the statutorily required payment |
of the normal cost of the Organizational Unit's teacher |
pensions, Social Security employer contributions, and |
Illinois Municipal Retirement Fund employer contributions. |
"English learner" or "EL" means a child included in |
the definition of "English learners" under Section 14C-2 |
of this Code participating in a program of transitional |
bilingual education or a transitional program of |
instruction meeting the requirements and program |
application procedures of Article 14C of this Code. For |
the purposes of collecting the number of EL students |
enrolled, the same collection and calculation methodology |
as defined above for "ASE" shall apply to English |
learners, with the exception that EL student enrollment |
shall include students in grades pre-kindergarten through |
12. |
"Essential Elements" means those elements, resources, |
and educational programs that have been identified through |
academic research as necessary to improve student success, |
improve academic performance, close achievement gaps, and |
provide for other per student costs related to the |
delivery and leadership of the Organizational Unit, as |
well as the maintenance and operations of the unit, and |
which are specified in paragraph (2) of subsection (b) of |
|
this Section. |
"Evidence-Based Funding" means State funding provided |
to an Organizational Unit pursuant to this Section. |
"Extended day" means academic and enrichment programs |
provided to students outside the regular school day before |
and after school or during non-instructional times during |
the school day. |
"Extension Limitation Ratio" means a numerical ratio |
in which the numerator is the Base Tax Year's Extension |
and the denominator is the Preceding Tax Year's Extension. |
"Final Percent of Adequacy" is defined in paragraph |
(4) of subsection (f) of this Section. |
"Final Resources" is defined in paragraph (3) of |
subsection (f) of this Section. |
"Full-time equivalent" or "FTE" means the full-time |
equivalency compensation for staffing the relevant |
position at an Organizational Unit. |
"Funding Gap" is defined in paragraph (1) of |
subsection (g). |
"Hybrid District" means a partial elementary unit |
district created pursuant to Article 11E of this Code. |
"Instructional assistant" means a core or special |
education, non-licensed employee who assists a teacher in |
the classroom and provides academic support to students. |
"Instructional facilitator" means a qualified teacher |
or licensed teacher leader who facilitates and coaches |
|
continuous improvement in classroom instruction; provides |
instructional support to teachers in the elements of |
research-based instruction or demonstrates the alignment |
of instruction with curriculum standards and assessment |
tools; develops or coordinates instructional programs or |
strategies; develops and implements training; chooses |
standards-based instructional materials; provides |
teachers with an understanding of current research; serves |
as a mentor, site coach, curriculum specialist, or lead |
teacher; or otherwise works with fellow teachers, in |
collaboration, to use data to improve instructional |
practice or develop model lessons. |
"Instructional materials" means relevant |
instructional materials for student instruction, |
including, but not limited to, textbooks, consumable |
workbooks, laboratory equipment, library books, and other |
similar materials. |
"Laboratory School" means a public school that is |
created and operated by a public university and approved |
by the State Board. |
"Librarian" means a teacher with an endorsement as a |
library information specialist or another individual whose |
primary responsibility is overseeing library resources |
within an Organizational Unit. |
"Limiting rate for Hybrid Districts" means the |
combined elementary school and high school limiting rates. |
|
"Local Capacity" is defined in paragraph (1) of |
subsection (c) of this Section. |
"Local Capacity Percentage" is defined in subparagraph |
(A) of paragraph (2) of subsection (c) of this Section. |
"Local Capacity Ratio" is defined in subparagraph (B) |
of paragraph (2) of subsection (c) of this Section. |
"Local Capacity Target" is defined in paragraph (2) of |
subsection (c) of this Section. |
"Low-Income Count" means, for an Organizational Unit |
in a fiscal year, the higher of the average number of |
students for the prior school year or the immediately |
preceding 3 school years who, as of July 1 of the |
immediately preceding fiscal year (as determined by the |
Department of Human Services), are eligible for at least |
one of the following low-income programs: Medicaid, the |
Children's Health Insurance Program, Temporary Assistance |
for Needy Families (TANF), or the Supplemental Nutrition |
Assistance Program, excluding pupils who are eligible for |
services provided by the Department of Children and Family |
Services. Until such time that grade level low-income |
populations become available, grade level low-income |
populations shall be determined by applying the low-income |
percentage to total student enrollments by grade level. |
The low-income percentage is determined by dividing the |
Low-Income Count by the Average Student Enrollment. The |
low-income percentage for programs operated by a regional |
|
office of education or an intermediate service center must |
be set to the weighted average of the low-income |
percentages of all of the school districts in the service |
region. The weighted low-income percentage is the result |
of multiplying the low-income percentage of each school |
district served by the regional office of education or |
intermediate service center by each school district's |
Average Student Enrollment, summarizing those products and |
dividing the total by the total Average Student Enrollment |
for the service region. |
"Maintenance and operations" means custodial services, |
facility and ground maintenance, facility operations, |
facility security, routine facility repairs, and other |
similar services and functions. |
"Minimum Funding Level" is defined in paragraph (9) of |
subsection (g) of this Section. |
"New Property Tax Relief Pool Funds" means, for any |
given fiscal year, all State funds appropriated under |
Section 2-3.170 of this Code. |
"New State Funds" means, for a given school year, all |
State funds appropriated for Evidence-Based Funding in |
excess of the amount needed to fund the Base Funding |
Minimum for all Organizational Units in that school year. |
"Net State Contribution Target" means, for a given |
school year, the amount of State funds that would be |
necessary to fully meet the Adequacy Target of an |
|
Operational Unit minus the Preliminary Resources available |
to each unit. |
"Nurse" means an individual licensed as a certified |
school nurse, in accordance with the rules established for |
nursing services by the State Board, who is an employee of |
and is available to provide health care-related services |
for students of an Organizational Unit. |
"Operating Tax Rate" means the rate utilized in the |
previous year to extend property taxes for all purposes, |
except Bond and Interest, Summer School, Rent, Capital |
Improvement, and Vocational Education Building purposes. |
For Hybrid Districts, the Operating Tax Rate shall be the |
combined elementary and high school rates utilized in the |
previous year to extend property taxes for all purposes, |
except Bond and Interest, Summer School, Rent, Capital |
Improvement, and Vocational Education Building purposes. |
"Organizational Unit" means a Laboratory School or any |
public school district that is recognized as such by the |
State Board and that contains elementary schools typically |
serving kindergarten through 5th grades, middle schools |
typically serving 6th through 8th grades, high schools |
typically serving 9th through 12th grades, a program |
established under Section 2-3.66 or 2-3.41, or a program |
operated by a regional office of education or an |
intermediate service center under Article 13A or 13B. The |
General Assembly acknowledges that the actual grade levels |
|
served by a particular Organizational Unit may vary |
slightly from what is typical. |
"Organizational Unit CWI" is determined by calculating |
the CWI in the region and original county in which an |
Organizational Unit's primary administrative office is |
located as set forth in this paragraph, provided that if |
the Organizational Unit CWI as calculated in accordance |
with this paragraph is less than 0.9, the Organizational |
Unit CWI shall be increased to 0.9. Each county's current |
CWI value shall be adjusted based on the CWI value of that |
county's neighboring Illinois counties, to create a |
"weighted adjusted index value". This shall be calculated |
by summing the CWI values of all of a county's adjacent |
Illinois counties and dividing by the number of adjacent |
Illinois counties, then taking the weighted value of the |
original county's CWI value and the adjacent Illinois |
county average. To calculate this weighted value, if the |
number of adjacent Illinois counties is greater than 2, |
the original county's CWI value will be weighted at 0.25 |
and the adjacent Illinois county average will be weighted |
at 0.75. If the number of adjacent Illinois counties is 2, |
the original county's CWI value will be weighted at 0.33 |
and the adjacent Illinois county average will be weighted |
at 0.66. The greater of the county's current CWI value and |
its weighted adjusted index value shall be used as the |
Organizational Unit CWI. |
|
"Preceding Tax Year" means the property tax levy year |
immediately preceding the Base Tax Year. |
"Preceding Tax Year's Extension" means the product of |
the equalized assessed valuation utilized by the county |
clerk in the Preceding Tax Year multiplied by the |
Operating Tax Rate. |
"Preliminary Percent of Adequacy" is defined in |
paragraph (2) of subsection (f) of this Section. |
"Preliminary Resources" is defined in paragraph (2) of |
subsection (f) of this Section. |
"Principal" means a school administrator duly endorsed |
to be employed as a principal in this State. |
"Professional development" means training programs for |
licensed staff in schools, including, but not limited to, |
programs that assist in implementing new curriculum |
programs, provide data focused or academic assessment data |
training to help staff identify a student's weaknesses and |
strengths, target interventions, improve instruction, |
encompass instructional strategies for English learner, |
gifted, or at-risk students, address inclusivity, cultural |
sensitivity, or implicit bias, or otherwise provide |
professional support for licensed staff. |
"Prototypical" means 450 special education |
pre-kindergarten and kindergarten through grade 5 students |
for an elementary school, 450 grade 6 through 8 students |
for a middle school, and 600 grade 9 through 12 students |
|
for a high school. |
"PTELL" means the Property Tax Extension Limitation |
Law. |
"PTELL EAV" is defined in paragraph (4) of subsection |
(d) of this Section. |
"Pupil support staff" means a nurse, psychologist, |
social worker, family liaison personnel, or other staff |
member who provides support to at-risk or struggling |
students. |
"Real Receipts" is defined in paragraph (1) of |
subsection (d) of this Section. |
"Regionalization Factor" means, for a particular |
Organizational Unit, the figure derived by dividing the |
Organizational Unit CWI by the Statewide Weighted CWI. |
"School counselor" means a licensed school counselor |
who provides guidance and counseling support for students |
within an Organizational Unit. |
"School site staff" means the primary school secretary |
and any additional clerical personnel assigned to a |
school. |
"Special education" means special educational |
facilities and services, as defined in Section 14-1.08 of |
this Code. |
"Special Education Allocation" means the amount of an |
Organizational Unit's final Adequacy Target attributable |
to special education divided by the Organizational Unit's |
|
final Adequacy Target, the product of which shall be |
multiplied by the amount of new funding received pursuant |
to this Section. An Organizational Unit's final Adequacy |
Target attributable to special education shall include all |
special education investment adequacy elements. |
"Specialist teacher" means a teacher who provides |
instruction in subject areas not included in core |
subjects, including, but not limited to, art, music, |
physical education, health, driver education, |
career-technical education, and such other subject areas |
as may be mandated by State law or provided by an |
Organizational Unit. |
"Specially Funded Unit" means an Alternative School, |
safe school, Department of Juvenile Justice school, |
special education cooperative or entity recognized by the |
State Board as a special education cooperative, |
State-approved charter school, or alternative learning |
opportunities program that received direct funding from |
the State Board during the 2016-2017 school year through |
any of the funding sources included within the calculation |
of the Base Funding Minimum or Glenwood Academy. |
"Supplemental Grant Funding" means supplemental |
general State aid funding received by an Organizational |
Unit during the 2016-2017 school year pursuant to |
subsection (H) of Section 18-8.05 of this Code (now |
repealed). |
|
"State Adequacy Level" is the sum of the Adequacy |
Targets of all Organizational Units. |
"State Board" means the State Board of Education. |
"State Superintendent" means the State Superintendent |
of Education. |
"Statewide Weighted CWI" means a figure determined by |
multiplying each Organizational Unit CWI times the ASE for |
that Organizational Unit creating a weighted value, |
summing all Organizational Units' weighted values, and |
dividing by the total ASE of all Organizational Units, |
thereby creating an average weighted index. |
"Student activities" means non-credit producing |
after-school programs, including, but not limited to, |
clubs, bands, sports, and other activities authorized by |
the school board of the Organizational Unit. |
"Substitute teacher" means an individual teacher or |
teaching assistant who is employed by an Organizational |
Unit and is temporarily serving the Organizational Unit on |
a per diem or per period-assignment basis to replace |
another staff member. |
"Summer school" means academic and enrichment programs |
provided to students during the summer months outside of |
the regular school year. |
"Supervisory aide" means a non-licensed staff member |
who helps in supervising students of an Organizational |
Unit, but does so outside of the classroom, in situations |
|
such as, but not limited to, monitoring hallways and |
playgrounds, supervising lunchrooms, or supervising |
students when being transported in buses serving the |
Organizational Unit. |
"Target Ratio" is defined in paragraph (4) of |
subsection (g). |
"Tier 1", "Tier 2", "Tier 3", and "Tier 4" are defined |
in paragraph (3) of subsection (g). |
"Tier 1 Aggregate Funding", "Tier 2 Aggregate |
Funding", "Tier 3 Aggregate Funding", and "Tier 4 |
Aggregate Funding" are defined in paragraph (1) of |
subsection (g). |
(b) Adequacy Target calculation. |
(1) Each Organizational Unit's Adequacy Target is the |
sum of the Organizational Unit's cost of providing |
Essential Elements, as calculated in accordance with this |
subsection (b), with the salary amounts in the Essential |
Elements multiplied by a Regionalization Factor calculated |
pursuant to paragraph (3) of this subsection (b). |
(2) The Essential Elements are attributable on a pro |
rata basis related to defined subgroups of the ASE of each |
Organizational Unit as specified in this paragraph (2), |
with investments and FTE positions pro rata funded based |
on ASE counts in excess of or less than the thresholds set |
forth in this paragraph (2). The method for calculating |
attributable pro rata costs and the defined subgroups |
|
thereto are as follows: |
(A) Core class size investments. Each |
Organizational Unit shall receive the funding required |
to support that number of FTE core teacher positions |
as is needed to keep the respective class sizes of the |
Organizational Unit to the following maximum numbers: |
(i) For grades kindergarten through 3, the |
Organizational Unit shall receive funding required |
to support one FTE core teacher position for every |
15 Low-Income Count students in those grades and |
one FTE core teacher position for every 20 |
non-Low-Income Count students in those grades. |
(ii) For grades 4 through 12, the |
Organizational Unit shall receive funding required |
to support one FTE core teacher position for every |
20 Low-Income Count students in those grades and |
one FTE core teacher position for every 25 |
non-Low-Income Count students in those grades. |
The number of non-Low-Income Count students in a |
grade shall be determined by subtracting the |
Low-Income students in that grade from the ASE of the |
Organizational Unit for that grade. |
(B) Specialist teacher investments. Each |
Organizational Unit shall receive the funding needed |
to cover that number of FTE specialist teacher |
positions that correspond to the following |
|
percentages: |
(i) if the Organizational Unit operates an |
elementary or middle school, then 20.00% of the |
number of the Organizational Unit's core teachers, |
as determined under subparagraph (A) of this |
paragraph (2); and |
(ii) if such Organizational Unit operates a |
high school, then 33.33% of the number of the |
Organizational Unit's core teachers. |
(C) Instructional facilitator investments. Each |
Organizational Unit shall receive the funding needed |
to cover one FTE instructional facilitator position |
for every 200 combined ASE of pre-kindergarten |
children with disabilities and all kindergarten |
through grade 12 students of the Organizational Unit. |
(D) Core intervention teacher (tutor) investments. |
Each Organizational Unit shall receive the funding |
needed to cover one FTE teacher position for each |
prototypical elementary, middle, and high school. |
(E) Substitute teacher investments. Each |
Organizational Unit shall receive the funding needed |
to cover substitute teacher costs that is equal to |
5.70% of the minimum pupil attendance days required |
under Section 10-19 of this Code for all full-time |
equivalent core, specialist, and intervention |
teachers, school nurses, special education teachers |
|
and instructional assistants, instructional |
facilitators, and summer school and extended day |
teacher positions, as determined under this paragraph |
(2), at a salary rate of 33.33% of the average salary |
for grade K through 12 teachers and 33.33% of the |
average salary of each instructional assistant |
position. |
(F) Core school counselor investments. Each |
Organizational Unit shall receive the funding needed |
to cover one FTE school counselor for each 450 |
combined ASE of pre-kindergarten children with |
disabilities and all kindergarten through grade 5 |
students, plus one FTE school counselor for each 250 |
grades 6 through 8 ASE middle school students, plus |
one FTE school counselor for each 250 grades 9 through |
12 ASE high school students. |
(G) Nurse investments. Each Organizational Unit |
shall receive the funding needed to cover one FTE |
nurse for each 750 combined ASE of pre-kindergarten |
children with disabilities and all kindergarten |
through grade 12 students across all grade levels it |
serves. |
(H) Supervisory aide investments. Each |
Organizational Unit shall receive the funding needed |
to cover one FTE for each 225 combined ASE of |
pre-kindergarten children with disabilities and all |
|
kindergarten through grade 5 students, plus one FTE |
for each 225 ASE middle school students, plus one FTE |
for each 200 ASE high school students. |
(I) Librarian investments. Each Organizational |
Unit shall receive the funding needed to cover one FTE |
librarian for each prototypical elementary school, |
middle school, and high school and one FTE aide or |
media technician for every 300 combined ASE of |
pre-kindergarten children with disabilities and all |
kindergarten through grade 12 students. |
(J) Principal investments. Each Organizational |
Unit shall receive the funding needed to cover one FTE |
principal position for each prototypical elementary |
school, plus one FTE principal position for each |
prototypical middle school, plus one FTE principal |
position for each prototypical high school. |
(K) Assistant principal investments. Each |
Organizational Unit shall receive the funding needed |
to cover one FTE assistant principal position for each |
prototypical elementary school, plus one FTE assistant |
principal position for each prototypical middle |
school, plus one FTE assistant principal position for |
each prototypical high school. |
(L) School site staff investments. Each |
Organizational Unit shall receive the funding needed |
for one FTE position for each 225 ASE of |
|
pre-kindergarten children with disabilities and all |
kindergarten through grade 5 students, plus one FTE |
position for each 225 ASE middle school students, plus |
one FTE position for each 200 ASE high school |
students. |
(M) Gifted investments. Each Organizational Unit |
shall receive $40 per kindergarten through grade 12 |
ASE. |
(N) Professional development investments. Each |
Organizational Unit shall receive $125 per student of |
the combined ASE of pre-kindergarten children with |
disabilities and all kindergarten through grade 12 |
students for trainers and other professional |
development-related expenses for supplies and |
materials. |
(O) Instructional material investments. Each |
Organizational Unit shall receive $190 per student of |
the combined ASE of pre-kindergarten children with |
disabilities and all kindergarten through grade 12 |
students to cover instructional material costs. |
(P) Assessment investments. Each Organizational |
Unit shall receive $25 per student of the combined ASE |
of pre-kindergarten children with disabilities and all |
kindergarten through grade 12 students to cover |
assessment costs. |
(Q) Computer technology and equipment investments. |
|
Each Organizational Unit shall receive $285.50 per |
student of the combined ASE of pre-kindergarten |
children with disabilities and all kindergarten |
through grade 12 students to cover computer technology |
and equipment costs. For the 2018-2019 school year and |
subsequent school years, Organizational Units assigned |
to Tier 1 and Tier 2 in the prior school year shall |
receive an additional $285.50 per student of the |
combined ASE of pre-kindergarten children with |
disabilities and all kindergarten through grade 12 |
students to cover computer technology and equipment |
costs in the Organizational Unit's Adequacy Target. |
The State Board may establish additional requirements |
for Organizational Unit expenditures of funds received |
pursuant to this subparagraph (Q), including a |
requirement that funds received pursuant to this |
subparagraph (Q) may be used only for serving the |
technology needs of the district. It is the intent of |
Public Act 100-465 that all Tier 1 and Tier 2 districts |
receive the addition to their Adequacy Target in the |
following year, subject to compliance with the |
requirements of the State Board. |
(R) Student activities investments. Each |
Organizational Unit shall receive the following |
funding amounts to cover student activities: $100 per |
kindergarten through grade 5 ASE student in elementary |
|
school, plus $200 per ASE student in middle school, |
plus $675 per ASE student in high school. |
(S) Maintenance and operations investments. Each |
Organizational Unit shall receive $1,038 per student |
of the combined ASE of pre-kindergarten children with |
disabilities and all kindergarten through grade 12 |
students for day-to-day maintenance and operations |
expenditures, including salary, supplies, and |
materials, as well as purchased services, but |
excluding employee benefits. The proportion of salary |
for the application of a Regionalization Factor and |
the calculation of benefits is equal to $352.92. |
(T) Central office investments. Each |
Organizational Unit shall receive $742 per student of |
the combined ASE of pre-kindergarten children with |
disabilities and all kindergarten through grade 12 |
students to cover central office operations, including |
administrators and classified personnel charged with |
managing the instructional programs, business and |
operations of the school district, and security |
personnel. The proportion of salary for the |
application of a Regionalization Factor and the |
calculation of benefits is equal to $368.48. |
(U) Employee benefit investments. Each |
Organizational Unit shall receive 30% of the total of |
all salary-calculated elements of the Adequacy Target, |
|
excluding substitute teachers and student activities |
investments, to cover benefit costs. For central |
office and maintenance and operations investments, the |
benefit calculation shall be based upon the salary |
proportion of each investment. If at any time the |
responsibility for funding the employer normal cost of |
teacher pensions is assigned to school districts, then |
that amount certified by the Teachers' Retirement |
System of the State of Illinois to be paid by the |
Organizational Unit for the preceding school year |
shall be added to the benefit investment. For any |
fiscal year in which a school district organized under |
Article 34 of this Code is responsible for paying the |
employer normal cost of teacher pensions, then that |
amount of its employer normal cost plus the amount for |
retiree health insurance as certified by the Public |
School Teachers' Pension and Retirement Fund of |
Chicago to be paid by the school district for the |
preceding school year that is statutorily required to |
cover employer normal costs and the amount for retiree |
health insurance shall be added to the 30% specified |
in this subparagraph (U). The Teachers' Retirement |
System of the State of Illinois and the Public School |
Teachers' Pension and Retirement Fund of Chicago shall |
submit such information as the State Superintendent |
may require for the calculations set forth in this |
|
subparagraph (U). |
(V) Additional investments in low-income students. |
In addition to and not in lieu of all other funding |
under this paragraph (2), each Organizational Unit |
shall receive funding based on the average teacher |
salary for grades K through 12 to cover the costs of: |
(i) one FTE intervention teacher (tutor) |
position for every 125 Low-Income Count students; |
(ii) one FTE pupil support staff position for |
every 125 Low-Income Count students; |
(iii) one FTE extended day teacher position |
for every 120 Low-Income Count students; and |
(iv) one FTE summer school teacher position |
for every 120 Low-Income Count students. |
(W) Additional investments in English learner |
students. In addition to and not in lieu of all other |
funding under this paragraph (2), each Organizational |
Unit shall receive funding based on the average |
teacher salary for grades K through 12 to cover the |
costs of: |
(i) one FTE intervention teacher (tutor) |
position for every 125 English learner students; |
(ii) one FTE pupil support staff position for |
every 125 English learner students; |
(iii) one FTE extended day teacher position |
for every 120 English learner students; |
|
(iv) one FTE summer school teacher position |
for every 120 English learner students; and |
(v) one FTE core teacher position for every |
100 English learner students. |
(X) Special education investments. Each |
Organizational Unit shall receive funding based on the |
average teacher salary for grades K through 12 to |
cover special education as follows: |
(i) one FTE teacher position for every 141 |
combined ASE of pre-kindergarten children with |
disabilities and all kindergarten through grade 12 |
students; |
(ii) one FTE instructional assistant for every |
141 combined ASE of pre-kindergarten children with |
disabilities and all kindergarten through grade 12 |
students; and |
(iii) one FTE psychologist position for every |
1,000 combined ASE of pre-kindergarten children |
with disabilities and all kindergarten through |
grade 12 students. |
(3) For calculating the salaries included within the |
Essential Elements, the State Superintendent shall |
annually calculate average salaries to the nearest dollar |
using the employment information system data maintained by |
the State Board, limited to public schools only and |
excluding special education and vocational cooperatives, |
|
schools operated by the Department of Juvenile Justice, |
and charter schools, for the following positions: |
(A) Teacher for grades K through 8. |
(B) Teacher for grades 9 through 12. |
(C) Teacher for grades K through 12. |
(D) School counselor for grades K through 8. |
(E) School counselor for grades 9 through 12. |
(F) School counselor for grades K through 12. |
(G) Social worker. |
(H) Psychologist. |
(I) Librarian. |
(J) Nurse. |
(K) Principal. |
(L) Assistant principal. |
For the purposes of this paragraph (3), "teacher" |
includes core teachers, specialist and elective teachers, |
instructional facilitators, tutors, special education |
teachers, pupil support staff teachers, English learner |
teachers, extended day teachers, and summer school |
teachers. Where specific grade data is not required for |
the Essential Elements, the average salary for |
corresponding positions shall apply. For substitute |
teachers, the average teacher salary for grades K through |
12 shall apply. |
For calculating the salaries included within the |
Essential Elements for positions not included within EIS |
|
Data, the following salaries shall be used in the first |
year of implementation of Evidence-Based Funding: |
(i) school site staff, $30,000; and |
(ii) non-instructional assistant, instructional |
assistant, library aide, library media tech, or |
supervisory aide: $25,000. |
In the second and subsequent years of implementation |
of Evidence-Based Funding, the amounts in items (i) and |
(ii) of this paragraph (3) shall annually increase by the |
ECI. |
The salary amounts for the Essential Elements |
determined pursuant to subparagraphs (A) through (L), (S) |
and (T), and (V) through (X) of paragraph (2) of |
subsection (b) of this Section shall be multiplied by a |
Regionalization Factor. |
(c) Local Capacity calculation. |
(1) Each Organizational Unit's Local Capacity |
represents an amount of funding it is assumed to |
contribute toward its Adequacy Target for purposes of the |
Evidence-Based Funding formula calculation. "Local |
Capacity" means either (i) the Organizational Unit's Local |
Capacity Target as calculated in accordance with paragraph |
(2) of this subsection (c) if its Real Receipts are equal |
to or less than its Local Capacity Target or (ii) the |
Organizational Unit's Adjusted Local Capacity, as |
calculated in accordance with paragraph (3) of this |
|
subsection (c) if Real Receipts are more than its Local |
Capacity Target. |
(2) "Local Capacity Target" means, for an |
Organizational Unit, that dollar amount that is obtained |
by multiplying its Adequacy Target by its Local Capacity |
Ratio. |
(A) An Organizational Unit's Local Capacity |
Percentage is the conversion of the Organizational |
Unit's Local Capacity Ratio, as such ratio is |
determined in accordance with subparagraph (B) of this |
paragraph (2), into a cumulative distribution |
resulting in a percentile ranking to determine each |
Organizational Unit's relative position to all other |
Organizational Units in this State. The calculation of |
Local Capacity Percentage is described in subparagraph |
(C) of this paragraph (2). |
(B) An Organizational Unit's Local Capacity Ratio |
in a given year is the percentage obtained by dividing |
its Adjusted EAV or PTELL EAV, whichever is less, by |
its Adequacy Target, with the resulting ratio further |
adjusted as follows: |
(i) for Organizational Units serving grades |
kindergarten through 12 and Hybrid Districts, no |
further adjustments shall be made; |
(ii) for Organizational Units serving grades |
kindergarten through 8, the ratio shall be |
|
multiplied by 9/13; |
(iii) for Organizational Units serving grades |
9 through 12, the Local Capacity Ratio shall be |
multiplied by 4/13; and |
(iv) for an Organizational Unit with a |
different grade configuration than those specified |
in items (i) through (iii) of this subparagraph |
(B), the State Superintendent shall determine a |
comparable adjustment based on the grades served. |
(C) The Local Capacity Percentage is equal to the |
percentile ranking of the district. Local Capacity |
Percentage converts each Organizational Unit's Local |
Capacity Ratio to a cumulative distribution resulting |
in a percentile ranking to determine each |
Organizational Unit's relative position to all other |
Organizational Units in this State. The Local Capacity |
Percentage cumulative distribution resulting in a |
percentile ranking for each Organizational Unit shall |
be calculated using the standard normal distribution |
of the score in relation to the weighted mean and |
weighted standard deviation and Local Capacity Ratios |
of all Organizational Units. If the value assigned to |
any Organizational Unit is in excess of 90%, the value |
shall be adjusted to 90%. For Laboratory Schools, the |
Local Capacity Percentage shall be set at 10% in
|
recognition of the absence of EAV and resources from |
|
the public university that are allocated to
the |
Laboratory School. For programs operated by a regional |
office of education or an intermediate service center, |
the Local Capacity Percentage must be set at 10% in |
recognition of the absence of EAV and resources from |
school districts that are allocated to the regional |
office of education or intermediate service center. |
The weighted mean for the Local Capacity Percentage |
shall be determined by multiplying each Organizational |
Unit's Local Capacity Ratio times the ASE for the unit |
creating a weighted value, summing the weighted values |
of all Organizational Units, and dividing by the total |
ASE of all Organizational Units. The weighted standard |
deviation shall be determined by taking the square |
root of the weighted variance of all Organizational |
Units' Local Capacity Ratio, where the variance is |
calculated by squaring the difference between each |
unit's Local Capacity Ratio and the weighted mean, |
then multiplying the variance for each unit times the |
ASE for the unit to create a weighted variance for each |
unit, then summing all units' weighted variance and |
dividing by the total ASE of all units. |
(D) For any Organizational Unit, the |
Organizational Unit's Adjusted Local Capacity Target |
shall be reduced by either (i) the school board's |
remaining contribution pursuant to paragraph (ii) of |
|
subsection (b-4) of Section 16-158 of the Illinois |
Pension Code in a given year or (ii) the board of |
education's remaining contribution pursuant to |
paragraph (iv) of subsection (b) of Section 17-129 of |
the Illinois Pension Code absent the employer normal |
cost portion of the required contribution and amount |
allowed pursuant to subdivision (3) of Section |
17-142.1 of the Illinois Pension Code in a given year. |
In the preceding sentence, item (i) shall be certified |
to the State Board of Education by the Teachers' |
Retirement System of the State of Illinois and item |
(ii) shall be certified to the State Board of |
Education by the Public School Teachers' Pension and |
Retirement Fund of the City of Chicago. |
(3) If an Organizational Unit's Real Receipts are more |
than its Local Capacity Target, then its Local Capacity |
shall equal an Adjusted Local Capacity Target as |
calculated in accordance with this paragraph (3). The |
Adjusted Local Capacity Target is calculated as the sum of |
the Organizational Unit's Local Capacity Target and its |
Real Receipts Adjustment. The Real Receipts Adjustment |
equals the Organizational Unit's Real Receipts less its |
Local Capacity Target, with the resulting figure |
multiplied by the Local Capacity Percentage. |
As used in this paragraph (3), "Real Percent of |
Adequacy" means the sum of an Organizational Unit's Real |
|
Receipts, CPPRT, and Base Funding Minimum, with the |
resulting figure divided by the Organizational Unit's |
Adequacy Target. |
(d) Calculation of Real Receipts, EAV, and Adjusted EAV |
for purposes of the Local Capacity calculation. |
(1) An Organizational Unit's Real Receipts are the |
product of its Applicable Tax Rate and its Adjusted EAV. |
An Organizational Unit's Applicable Tax Rate is its |
Adjusted Operating Tax Rate for property within the |
Organizational Unit. |
(2) The State Superintendent shall calculate the |
equalized assessed valuation, or EAV, of all taxable |
property of each Organizational Unit as of September 30 of |
the previous year in accordance with paragraph (3) of this |
subsection (d). The State Superintendent shall then |
determine the Adjusted EAV of each Organizational Unit in |
accordance with paragraph (4) of this subsection (d), |
which Adjusted EAV figure shall be used for the purposes |
of calculating Local Capacity. |
(3) To calculate Real Receipts and EAV, the Department |
of Revenue shall supply to the State Superintendent the |
value as equalized or assessed by the Department of |
Revenue of all taxable property of every Organizational |
Unit, together with (i) the applicable tax rate used in |
extending taxes for the funds of the Organizational Unit |
as of September 30 of the previous year and (ii) the |
|
limiting rate for all Organizational Units subject to |
property tax extension limitations as imposed under PTELL. |
(A) The Department of Revenue shall add to the |
equalized assessed value of all taxable property of |
each Organizational Unit situated entirely or |
partially within a county that is or was subject to the |
provisions of Section 15-176 or 15-177 of the Property |
Tax Code (i) an amount equal to the total amount by |
which the homestead exemption allowed under Section |
15-176 or 15-177 of the Property Tax Code for real |
property situated in that Organizational Unit exceeds |
the total amount that would have been allowed in that |
Organizational Unit if the maximum reduction under |
Section 15-176 was (I) $4,500 in Cook County or $3,500 |
in all other counties in tax year 2003 or (II) $5,000 |
in all counties in tax year 2004 and thereafter and |
(ii) an amount equal to the aggregate amount for the |
taxable year of all additional exemptions under |
Section 15-175 of the Property Tax Code for owners |
with a household income of $30,000 or less. The county |
clerk of any county that is or was subject to the |
provisions of Section 15-176 or 15-177 of the Property |
Tax Code shall annually calculate and certify to the |
Department of Revenue for each Organizational Unit all |
homestead exemption amounts under Section 15-176 or |
15-177 of the Property Tax Code and all amounts of |
|
additional exemptions under Section 15-175 of the |
Property Tax Code for owners with a household income |
of $30,000 or less. It is the intent of this |
subparagraph (A) that if the general homestead |
exemption for a parcel of property is determined under |
Section 15-176 or 15-177 of the Property Tax Code |
rather than Section 15-175, then the calculation of |
EAV shall not be affected by the difference, if any, |
between the amount of the general homestead exemption |
allowed for that parcel of property under Section |
15-176 or 15-177 of the Property Tax Code and the |
amount that would have been allowed had the general |
homestead exemption for that parcel of property been |
determined under Section 15-175 of the Property Tax |
Code. It is further the intent of this subparagraph |
(A) that if additional exemptions are allowed under |
Section 15-175 of the Property Tax Code for owners |
with a household income of less than $30,000, then the |
calculation of EAV shall not be affected by the |
difference, if any, because of those additional |
exemptions. |
(B) With respect to any part of an Organizational |
Unit within a redevelopment project area in respect to |
which a municipality has adopted tax increment |
allocation financing pursuant to the Tax Increment |
Allocation Redevelopment Act, Division 74.4 of Article |
|
11 of the Illinois Municipal Code, or the Industrial |
Jobs Recovery Law, Division 74.6 of Article 11 of the |
Illinois Municipal Code, no part of the current EAV of |
real property located in any such project area that is |
attributable to an increase above the total initial |
EAV of such property shall be used as part of the EAV |
of the Organizational Unit, until such time as all |
redevelopment project costs have been paid, as |
provided in Section 11-74.4-8 of the Tax Increment |
Allocation Redevelopment Act or in Section 11-74.6-35 |
of the Industrial Jobs Recovery Law. For the purpose |
of the EAV of the Organizational Unit, the total |
initial EAV or the current EAV, whichever is lower, |
shall be used until such time as all redevelopment |
project costs have been paid. |
(B-5) The real property equalized assessed |
valuation for a school district shall be adjusted by |
subtracting from the real property value, as equalized |
or assessed by the Department of Revenue, for the |
district an amount computed by dividing the amount of |
any abatement of taxes under Section 18-170 of the |
Property Tax Code by 3.00% for a district maintaining |
grades kindergarten through 12, by 2.30% for a |
district maintaining grades kindergarten through 8, or |
by 1.05% for a district maintaining grades 9 through |
12 and adjusted by an amount computed by dividing the |
|
amount of any abatement of taxes under subsection (a) |
of Section 18-165 of the Property Tax Code by the same |
percentage rates for district type as specified in |
this subparagraph (B-5). |
(C) For Organizational Units that are Hybrid |
Districts, the State Superintendent shall use the |
lesser of the adjusted equalized assessed valuation |
for property within the partial elementary unit |
district for elementary purposes, as defined in |
Article 11E of this Code, or the adjusted equalized |
assessed valuation for property within the partial |
elementary unit district for high school purposes, as |
defined in Article 11E of this Code. |
(4) An Organizational Unit's Adjusted EAV shall be the |
average of its EAV over the immediately preceding 3 years |
or its EAV in the immediately preceding year if the EAV in |
the immediately preceding year has declined by 10% or more |
compared to the 3-year average. In the event of |
Organizational Unit reorganization, consolidation, or |
annexation, the Organizational Unit's Adjusted EAV for the |
first 3 years after such change shall be as follows: the |
most current EAV shall be used in the first year, the |
average of a 2-year EAV or its EAV in the immediately |
preceding year if the EAV declines by 10% or more compared |
to the 2-year average for the second year, and a 3-year |
average EAV or its EAV in the immediately preceding year |
|
if the Adjusted EAV declines by 10% or more compared to the |
3-year average for the third year. For any school district |
whose EAV in the immediately preceding year is used in |
calculations, in the following year, the Adjusted EAV |
shall be the average of its EAV over the immediately |
preceding 2 years or the immediately preceding year if |
that year represents a decline of 10% or more compared to |
the 2-year average. |
"PTELL EAV" means a figure calculated by the State |
Board for Organizational Units subject to PTELL as |
described in this paragraph (4) for the purposes of |
calculating an Organizational Unit's Local Capacity Ratio. |
Except as otherwise provided in this paragraph (4), the |
PTELL EAV of an Organizational Unit shall be equal to the |
product of the equalized assessed valuation last used in |
the calculation of general State aid under Section 18-8.05 |
of this Code (now repealed) or Evidence-Based Funding |
under this Section and the Organizational Unit's Extension |
Limitation Ratio. If an Organizational Unit has approved |
or does approve an increase in its limiting rate, pursuant |
to Section 18-190 of the Property Tax Code, affecting the |
Base Tax Year, the PTELL EAV shall be equal to the product |
of the equalized assessed valuation last used in the |
calculation of general State aid under Section 18-8.05 of |
this Code (now repealed) or Evidence-Based Funding under |
this Section multiplied by an amount equal to one plus the |
|
percentage increase, if any, in the Consumer Price Index |
for All Urban Consumers for all items published by the |
United States Department of Labor for the 12-month |
calendar year preceding the Base Tax Year, plus the |
equalized assessed valuation of new property, annexed |
property, and recovered tax increment value and minus the |
equalized assessed valuation of disconnected property. |
As used in this paragraph (4), "new property" and |
"recovered tax increment value" shall have the meanings |
set forth in the Property Tax Extension Limitation Law. |
(e) Base Funding Minimum calculation. |
(1) For the 2017-2018 school year, the Base Funding |
Minimum of an Organizational Unit or a Specially Funded |
Unit shall be the amount of State funds distributed to the |
Organizational Unit or Specially Funded Unit during the |
2016-2017 school year prior to any adjustments and |
specified appropriation amounts described in this |
paragraph (1) from the following Sections, as calculated |
by the State Superintendent: Section 18-8.05 of this Code |
(now repealed); Section 5 of Article 224 of Public Act |
99-524 (equity grants); Section 14-7.02b of this Code |
(funding for children requiring special education |
services); Section 14-13.01 of this Code (special |
education facilities and staffing), except for |
reimbursement of the cost of transportation pursuant to |
Section 14-13.01; Section 14C-12 of this Code (English |
|
learners); and Section 18-4.3 of this Code (summer |
school), based on an appropriation level of $13,121,600. |
For a school district organized under Article 34 of this |
Code, the Base Funding Minimum also includes (i) the funds |
allocated to the school district pursuant to Section 1D-1 |
of this Code attributable to funding programs authorized |
by the Sections of this Code listed in the preceding |
sentence and (ii) the difference between (I) the funds |
allocated to the school district pursuant to Section 1D-1 |
of this Code attributable to the funding programs |
authorized by Section 14-7.02 (non-public special |
education reimbursement), subsection (b) of Section |
14-13.01 (special education transportation), Section 29-5 |
(transportation), Section 2-3.80 (agricultural |
education), Section 2-3.66 (truants' alternative |
education), Section 2-3.62 (educational service centers), |
and Section 14-7.03 (special education - orphanage) of |
this Code and Section 15 of the Childhood Hunger Relief |
Act (free breakfast program) and (II) the school |
district's actual expenditures for its non-public special |
education, special education transportation, |
transportation programs, agricultural education, truants' |
alternative education, services that would otherwise be |
performed by a regional office of education, special |
education orphanage expenditures, and free breakfast, as |
most recently calculated and reported pursuant to |
|
subsection (f) of Section 1D-1 of this Code. The Base |
Funding Minimum for Glenwood Academy shall be $625,500. |
For programs operated by a regional office of education or |
an intermediate service center, the Base Funding Minimum |
must be the total amount of State funds allocated to those |
programs in the 2018-2019 school year and amounts provided |
pursuant to Article 34 of Public Act 100-586 and Section |
3-16 of this Code. All programs established after June 5, |
2019 (the effective date of Public Act 101-10) and |
administered by a regional office of education or an |
intermediate service center must have an initial Base |
Funding Minimum set to an amount equal to the first-year |
ASE multiplied by the amount of per pupil funding received |
in the previous school year by the lowest funded similar |
existing program type. If the enrollment for a program |
operated by a regional office of education or an |
intermediate service center is zero, then it may not |
receive Base Funding Minimum funds for that program in the |
next fiscal year, and those funds must be distributed to |
Organizational Units under subsection (g). |
(2) For the 2018-2019 and subsequent school years, the |
Base Funding Minimum of Organizational Units and Specially |
Funded Units shall be the sum of (i) the amount of |
Evidence-Based Funding for the prior school year, (ii) the |
Base Funding Minimum for the prior school year, and (iii) |
any amount received by a school district pursuant to |
|
Section 7 of Article 97 of Public Act 100-21. |
For the 2022-2023 school year, the Base Funding |
Minimum of Organizational Units shall be the amounts |
recalculated by the State Board of Education for Fiscal |
Year 2019 through Fiscal Year 2022 that were necessary due |
to average student enrollment errors for districts |
organized under Article 34 of this Code, plus the Fiscal |
Year 2022 property tax relief grants provided under |
Section 2-3.170 of this Code, ensuring each Organizational |
Unit has the correct amount of resources for Fiscal Year |
2023 Evidence-Based Funding calculations and that Fiscal |
Year 2023 Evidence-Based Funding Distributions are made in |
accordance with this Section. |
(3) Subject to approval by the General Assembly as |
provided in this paragraph (3), an Organizational Unit |
that meets all of the following criteria, as determined by |
the State Board, shall have District Intervention Money |
added to its Base Funding Minimum at the time the Base |
Funding Minimum is calculated by the State Board: |
(A) The Organizational Unit is operating under an |
Independent Authority under Section 2-3.25f-5 of this |
Code for a minimum of 4 school years or is subject to |
the control of the State Board pursuant to a court |
order for a minimum of 4 school years. |
(B) The Organizational Unit was designated as a |
Tier 1 or Tier 2 Organizational Unit in the previous |
|
school year under paragraph (3) of subsection (g) of |
this Section. |
(C) The Organizational Unit demonstrates |
sustainability through a 5-year financial and |
strategic plan. |
(D) The Organizational Unit has made sufficient |
progress and achieved sufficient stability in the |
areas of governance, academic growth, and finances. |
As part of its determination under this paragraph (3), |
the State Board may consider the Organizational Unit's |
summative designation, any accreditations of the |
Organizational Unit, or the Organizational Unit's |
financial profile, as calculated by the State Board. |
If the State Board determines that an Organizational |
Unit has met the criteria set forth in this paragraph (3), |
it must submit a report to the General Assembly, no later |
than January 2 of the fiscal year in which the State Board |
makes it determination, on the amount of District |
Intervention Money to add to the Organizational Unit's |
Base Funding Minimum. The General Assembly must review the |
State Board's report and may approve or disapprove, by |
joint resolution, the addition of District Intervention |
Money. If the General Assembly fails to act on the report |
within 40 calendar days from the receipt of the report, |
the addition of District Intervention Money is deemed |
approved. If the General Assembly approves the amount of |
|
District Intervention Money to be added to the |
Organizational Unit's Base Funding Minimum, the District |
Intervention Money must be added to the Base Funding |
Minimum annually thereafter. |
For the first 4 years following the initial year that |
the State Board determines that an Organizational Unit has |
met the criteria set forth in this paragraph (3) and has |
received funding under this Section, the Organizational |
Unit must annually submit to the State Board, on or before |
November 30, a progress report regarding its financial and |
strategic plan under subparagraph (C) of this paragraph |
(3). The plan shall include the financial data from the |
past 4 annual financial reports or financial audits that |
must be presented to the State Board by November 15 of each |
year and the approved budget financial data for the |
current year. The plan shall be developed according to the |
guidelines presented to the Organizational Unit by the |
State Board. The plan shall further include financial |
projections for the next 3 fiscal years and include a |
discussion and financial summary of the Organizational |
Unit's facility needs. If the Organizational Unit does not |
demonstrate sufficient progress toward its 5-year plan or |
if it has failed to file an annual financial report, an |
annual budget, a financial plan, a deficit reduction plan, |
or other financial information as required by law, the |
State Board may establish a Financial Oversight Panel |
|
under Article 1H of this Code. However, if the |
Organizational Unit already has a Financial Oversight |
Panel, the State Board may extend the duration of the |
Panel. |
(f) Percent of Adequacy and Final Resources calculation. |
(1) The Evidence-Based Funding formula establishes a |
Percent of Adequacy for each Organizational Unit in order |
to place such units into tiers for the purposes of the |
funding distribution system described in subsection (g) of |
this Section. Initially, an Organizational Unit's |
Preliminary Resources and Preliminary Percent of Adequacy |
are calculated pursuant to paragraph (2) of this |
subsection (f). Then, an Organizational Unit's Final |
Resources and Final Percent of Adequacy are calculated to |
account for the Organizational Unit's poverty |
concentration levels pursuant to paragraphs (3) and (4) of |
this subsection (f). |
(2) An Organizational Unit's Preliminary Resources are |
equal to the sum of its Local Capacity Target, CPPRT, and |
Base Funding Minimum. An Organizational Unit's Preliminary |
Percent of Adequacy is the lesser of (i) its Preliminary |
Resources divided by its Adequacy Target or (ii) 100%. |
(3) Except for Specially Funded Units, an |
Organizational Unit's Final Resources are equal to the sum |
of its Local Capacity, CPPRT, and Adjusted Base Funding |
Minimum. The Base Funding Minimum of each Specially Funded |
|
Unit shall serve as its Final Resources, except that the |
Base Funding Minimum for State-approved charter schools |
shall not include any portion of general State aid |
allocated in the prior year based on the per capita |
tuition charge times the charter school enrollment. |
(4) An Organizational Unit's Final Percent of Adequacy |
is its Final Resources divided by its Adequacy Target. An |
Organizational Unit's Adjusted Base Funding Minimum is |
equal to its Base Funding Minimum less its Supplemental |
Grant Funding, with the resulting figure added to the |
product of its Supplemental Grant Funding and Preliminary |
Percent of Adequacy. |
(g) Evidence-Based Funding formula distribution system. |
(1) In each school year under the Evidence-Based |
Funding formula, each Organizational Unit receives funding |
equal to the sum of its Base Funding Minimum and the unit's |
allocation of New State Funds determined pursuant to this |
subsection (g). To allocate New State Funds, the |
Evidence-Based Funding formula distribution system first |
places all Organizational Units into one of 4 tiers in |
accordance with paragraph (3) of this subsection (g), |
based on the Organizational Unit's Final Percent of |
Adequacy. New State Funds are allocated to each of the 4 |
tiers as follows: Tier 1 Aggregate Funding equals 50% of |
all New State Funds, Tier 2 Aggregate Funding equals 49% |
of all New State Funds, Tier 3 Aggregate Funding equals |
|
0.9% of all New State Funds, and Tier 4 Aggregate Funding |
equals 0.1% of all New State Funds. Each Organizational |
Unit within Tier 1 or Tier 2 receives an allocation of New |
State Funds equal to its tier Funding Gap, as defined in |
the following sentence, multiplied by the tier's |
Allocation Rate determined pursuant to paragraph (4) of |
this subsection (g). For Tier 1, an Organizational Unit's |
Funding Gap equals the tier's Target Ratio, as specified |
in paragraph (5) of this subsection (g), multiplied by the |
Organizational Unit's Adequacy Target, with the resulting |
amount reduced by the Organizational Unit's Final |
Resources. For Tier 2, an Organizational Unit's Funding |
Gap equals the tier's Target Ratio, as described in |
paragraph (5) of this subsection (g), multiplied by the |
Organizational Unit's Adequacy Target, with the resulting |
amount reduced by the Organizational Unit's Final |
Resources and its Tier 1 funding allocation. To determine |
the Organizational Unit's Funding Gap, the resulting |
amount is then multiplied by a factor equal to one minus |
the Organizational Unit's Local Capacity Target |
percentage. Each Organizational Unit within Tier 3 or Tier |
4 receives an allocation of New State Funds equal to the |
product of its Adequacy Target and the tier's Allocation |
Rate, as specified in paragraph (4) of this subsection |
(g). |
(2) To ensure equitable distribution of dollars for |
|
all Tier 2 Organizational Units, no Tier 2 Organizational |
Unit shall receive fewer dollars per ASE than any Tier 3 |
Organizational Unit. Each Tier 2 and Tier 3 Organizational |
Unit shall have its funding allocation divided by its ASE. |
Any Tier 2 Organizational Unit with a funding allocation |
per ASE below the greatest Tier 3 allocation per ASE shall |
get a funding allocation equal to the greatest Tier 3 |
funding allocation per ASE multiplied by the |
Organizational Unit's ASE. Each Tier 2 Organizational |
Unit's Tier 2 funding allocation shall be multiplied by |
the percentage calculated by dividing the original Tier 2 |
Aggregate Funding by the sum of all Tier 2 Organizational |
Units' Tier 2 funding allocation after adjusting |
districts' funding below Tier 3 levels. |
(3) Organizational Units are placed into one of 4 |
tiers as follows: |
(A) Tier 1 consists of all Organizational Units, |
except for Specially Funded Units, with a Percent of |
Adequacy less than the Tier 1 Target Ratio. The Tier 1 |
Target Ratio is the ratio level that allows for Tier 1 |
Aggregate Funding to be distributed, with the Tier 1 |
Allocation Rate determined pursuant to paragraph (4) |
of this subsection (g). |
(B) Tier 2 consists of all Tier 1 Units and all |
other Organizational Units, except for Specially |
Funded Units, with a Percent of Adequacy of less than |
|
0.90. |
(C) Tier 3 consists of all Organizational Units, |
except for Specially Funded Units, with a Percent of |
Adequacy of at least 0.90 and less than 1.0. |
(D) Tier 4 consists of all Organizational Units |
with a Percent of Adequacy of at least 1.0. |
(4) The Allocation Rates for Tiers 1 through 4 are |
determined as follows: |
(A) The Tier 1 Allocation Rate is 30%. |
(B) The Tier 2 Allocation Rate is the result of the |
following equation: Tier 2 Aggregate Funding, divided |
by the sum of the Funding Gaps for all Tier 2 |
Organizational Units, unless the result of such |
equation is higher than 1.0. If the result of such |
equation is higher than 1.0, then the Tier 2 |
Allocation Rate is 1.0. |
(C) The Tier 3 Allocation Rate is the result of the |
following equation: Tier 3
Aggregate Funding, divided |
by the sum of the Adequacy Targets of all Tier 3 |
Organizational
Units. |
(D) The Tier 4 Allocation Rate is the result of the |
following equation: Tier 4
Aggregate Funding, divided |
by the sum of the Adequacy Targets of all Tier 4 |
Organizational
Units. |
(5) A tier's Target Ratio is determined as follows: |
(A) The Tier 1 Target Ratio is the ratio level that |
|
allows for Tier 1 Aggregate Funding to be distributed |
with the Tier 1 Allocation Rate. |
(B) The Tier 2 Target Ratio is 0.90. |
(C) The Tier 3 Target Ratio is 1.0. |
(6) If, at any point, the Tier 1 Target Ratio is |
greater than 90%, then all Tier 1 funding shall be |
allocated to Tier 2 and no Tier 1 Organizational Unit's |
funding may be identified. |
(7) In the event that all Tier 2 Organizational Units |
receive funding at the Tier 2 Target Ratio level, any |
remaining New State Funds shall be allocated to Tier 3 and |
Tier 4 Organizational Units. |
(8) If any Specially Funded Units, excluding Glenwood |
Academy, recognized by the State Board do not qualify for |
direct funding following the implementation of Public Act |
100-465 from any of the funding sources included within |
the definition of Base Funding Minimum, the unqualified |
portion of the Base Funding Minimum shall be transferred |
to one or more appropriate Organizational Units as |
determined by the State Superintendent based on the prior |
year ASE of the Organizational Units. |
(8.5) If a school district withdraws from a special |
education cooperative, the portion of the Base Funding |
Minimum that is attributable to the school district may be |
redistributed to the school district upon withdrawal. The |
school district and the cooperative must include the |
|
amount of the Base Funding Minimum that is to be |
reapportioned in their withdrawal agreement and notify the |
State Board of the change with a copy of the agreement upon |
withdrawal. |
(9) The Minimum Funding Level is intended to establish |
a target for State funding that will keep pace with |
inflation and continue to advance equity through the |
Evidence-Based Funding formula. The target for State |
funding of New Property Tax Relief Pool Funds is |
$50,000,000 for State fiscal year 2019 and subsequent |
State fiscal years. The Minimum Funding Level is equal to |
$350,000,000. In addition to any New State Funds, no more |
than $50,000,000 New Property Tax Relief Pool Funds may be |
counted toward the Minimum Funding Level. If the sum of |
New State Funds and applicable New Property Tax Relief |
Pool Funds are less than the Minimum Funding Level, than |
funding for tiers shall be reduced in the following |
manner: |
(A) First, Tier 4 funding shall be reduced by an |
amount equal to the difference between the Minimum |
Funding Level and New State Funds until such time as |
Tier 4 funding is exhausted. |
(B) Next, Tier 3 funding shall be reduced by an |
amount equal to the difference between the Minimum |
Funding Level and New State Funds and the reduction in |
Tier 4 funding until such time as Tier 3 funding is |
|
exhausted. |
(C) Next, Tier 2 funding shall be reduced by an |
amount equal to the difference between the Minimum |
Funding Level and New State Funds and the reduction in |
Tier 4 and Tier 3. |
(D) Finally, Tier 1 funding shall be reduced by an |
amount equal to the difference between the Minimum |
Funding level and New State Funds and the reduction in |
Tier 2, 3, and 4 funding. In addition, the Allocation |
Rate for Tier 1 shall be reduced to a percentage equal |
to the Tier 1 Allocation Rate set by paragraph (4) of |
this subsection (g), multiplied by the result of New |
State Funds divided by the Minimum Funding Level. |
(9.5) For State fiscal year 2019 and subsequent State |
fiscal years, if New State Funds exceed $300,000,000, then |
any amount in excess of $300,000,000 shall be dedicated |
for purposes of Section 2-3.170 of this Code up to a |
maximum of $50,000,000. |
(10) In the event of a decrease in the amount of the |
appropriation for this Section in any fiscal year after |
implementation of this Section, the Organizational Units |
receiving Tier 1 and Tier 2 funding, as determined under |
paragraph (3) of this subsection (g), shall be held |
harmless by establishing a Base Funding Guarantee equal to |
the per pupil kindergarten through grade 12 funding |
received in accordance with this Section in the prior |
|
fiscal year. Reductions shall be
made to the Base Funding |
Minimum of Organizational Units in Tier 3 and Tier 4 on a
|
per pupil basis equivalent to the total number of the ASE |
in Tier 3-funded and Tier 4-funded Organizational Units |
divided by the total reduction in State funding. The Base
|
Funding Minimum as reduced shall continue to be applied to |
Tier 3 and Tier 4
Organizational Units and adjusted by the |
relative formula when increases in
appropriations for this |
Section resume. In no event may State funding reductions |
to
Organizational Units in Tier 3 or Tier 4 exceed an |
amount that would be less than the
Base Funding Minimum |
established in the first year of implementation of this
|
Section. If additional reductions are required, all school |
districts shall receive a
reduction by a per pupil amount |
equal to the aggregate additional appropriation
reduction |
divided by the total ASE of all Organizational Units. |
(11) The State Superintendent shall make minor |
adjustments to the distribution formula set forth in this |
subsection (g) to account for the rounding of percentages |
to the nearest tenth of a percentage and dollar amounts to |
the nearest whole dollar. |
(h) State Superintendent administration of funding and |
district submission requirements. |
(1) The State Superintendent shall, in accordance with |
appropriations made by the General Assembly, meet the |
funding obligations created under this Section. |
|
(2) The State Superintendent shall calculate the |
Adequacy Target for each Organizational Unit and Net State |
Contribution Target for each Organizational Unit under |
this Section. No Evidence-Based Funding shall be |
distributed within an Organizational Unit without the |
approval of the unit's school board. |
(3) Annually, the State Superintendent shall calculate |
and report to each Organizational Unit the unit's |
aggregate financial adequacy amount, which shall be the |
sum of the Adequacy Target for each Organizational Unit. |
The State Superintendent shall calculate and report |
separately for each Organizational Unit the unit's total |
State funds allocated for its students with disabilities. |
The State Superintendent shall calculate and report |
separately for each Organizational Unit the amount of |
funding and applicable FTE calculated for each Essential |
Element of the unit's Adequacy Target. |
(4) Annually, the State Superintendent shall calculate |
and report to each Organizational Unit the amount the unit |
must expend on special education and bilingual education |
and computer technology and equipment for Organizational |
Units assigned to Tier 1 or Tier 2 that received an |
additional $285.50 per student computer technology and |
equipment investment grant to their Adequacy Target |
pursuant to the unit's Base Funding Minimum, Special |
Education Allocation, Bilingual Education Allocation, and |
|
computer technology and equipment investment allocation. |
(5) Moneys distributed under this Section shall be |
calculated on a school year basis, but paid on a fiscal |
year basis, with payments beginning in August and |
extending through June. Unless otherwise provided, the |
moneys appropriated for each fiscal year shall be |
distributed in 22 equal payments at least 2 times monthly |
to each Organizational Unit. If moneys appropriated for |
any fiscal year are distributed other than monthly, the |
distribution shall be on the same basis for each |
Organizational Unit. |
(6) Any school district that fails, for any given |
school year, to maintain school as required by law or to |
maintain a recognized school is not eligible to receive |
Evidence-Based Funding. In case of non-recognition of one |
or more attendance centers in a school district otherwise |
operating recognized schools, the claim of the district |
shall be reduced in the proportion that the enrollment in |
the attendance center or centers bears to the enrollment |
of the school district. "Recognized school" means any |
public school that meets the standards for recognition by |
the State Board. A school district or attendance center |
not having recognition status at the end of a school term |
is entitled to receive State aid payments due upon a legal |
claim that was filed while it was recognized. |
(7) School district claims filed under this Section |
|
are subject to Sections 18-9 and 18-12 of this Code, |
except as otherwise provided in this Section. |
(8) Each fiscal year, the State Superintendent shall |
calculate for each Organizational Unit an amount of its |
Base Funding Minimum and Evidence-Based Funding that shall |
be deemed attributable to the provision of special |
educational facilities and services, as defined in Section |
14-1.08 of this Code, in a manner that ensures compliance |
with maintenance of State financial support requirements |
under the federal Individuals with Disabilities Education |
Act. An Organizational Unit must use such funds only for |
the provision of special educational facilities and |
services, as defined in Section 14-1.08 of this Code, and |
must comply with any expenditure verification procedures |
adopted by the State Board. |
(9) All Organizational Units in this State must submit |
annual spending plans by the end of September of each year |
to the State Board as part of the annual budget process, |
which shall describe how each Organizational Unit will |
utilize the Base Funding Minimum and Evidence-Based |
Funding it receives from this State under this Section |
with specific identification of the intended utilization |
of Low-Income, English learner, and special education |
resources. Additionally, the annual spending plans of each |
Organizational Unit shall describe how the Organizational |
Unit expects to achieve student growth and how the |
|
Organizational Unit will achieve State education goals, as |
defined by the State Board. The State Superintendent may, |
from time to time, identify additional requisites for |
Organizational Units to satisfy when compiling the annual |
spending plans required under this subsection (h). The |
format and scope of annual spending plans shall be |
developed by the State Superintendent and the State Board |
of Education. School districts that serve students under |
Article 14C of this Code shall continue to submit |
information as required under Section 14C-12 of this Code. |
(10) No later than January 1, 2018, the State |
Superintendent shall develop a 5-year strategic plan for |
all Organizational Units to help in planning for adequacy |
funding under this Section. The State Superintendent shall |
submit the plan to the Governor and the General Assembly, |
as provided in Section 3.1 of the General Assembly |
Organization Act. The plan shall include recommendations |
for: |
(A) a framework for collaborative, professional, |
innovative, and 21st century learning environments |
using the Evidence-Based Funding model; |
(B) ways to prepare and support this State's |
educators for successful instructional careers; |
(C) application and enhancement of the current |
financial accountability measures, the approved State |
plan to comply with the federal Every Student Succeeds |
|
Act, and the Illinois Balanced Accountability Measures |
in relation to student growth and elements of the |
Evidence-Based Funding model; and |
(D) implementation of an effective school adequacy |
funding system based on projected and recommended |
funding levels from the General Assembly. |
(11) On an annual basis, the State Superintendent
must |
recalibrate all of the following per pupil elements of the |
Adequacy Target and applied to the formulas, based on the |
study of average expenses and as reported in the most |
recent annual financial report: |
(A) Gifted under subparagraph (M) of paragraph
(2) |
of subsection (b). |
(B) Instructional materials under subparagraph
(O) |
of paragraph (2) of subsection (b). |
(C) Assessment under subparagraph (P) of
paragraph |
(2) of subsection (b). |
(D) Student activities under subparagraph (R) of
|
paragraph (2) of subsection (b). |
(E) Maintenance and operations under subparagraph
|
(S) of paragraph (2) of subsection (b). |
(F) Central office under subparagraph (T) of
|
paragraph (2) of subsection (b). |
(i) Professional Review Panel. |
(1) A Professional Review Panel is created to study |
and review topics related to the implementation and effect |
|
of Evidence-Based Funding, as assigned by a joint |
resolution or Public Act of the General Assembly or a |
motion passed by the State Board of Education. The Panel |
must provide recommendations to and serve the Governor, |
the General Assembly, and the State Board. The State |
Superintendent or his or her designee must serve as a |
voting member and chairperson of the Panel. The State |
Superintendent must appoint a vice chairperson from the |
membership of the Panel. The Panel must advance |
recommendations based on a three-fifths majority vote of |
Panel members present and voting. A minority opinion may |
also accompany any recommendation of the Panel. The Panel |
shall be appointed by the State Superintendent, except as |
otherwise provided in paragraph (2) of this subsection (i) |
and include the following members: |
(A) Two appointees that represent district |
superintendents, recommended by a statewide |
organization that represents district superintendents. |
(B) Two appointees that represent school boards, |
recommended by a statewide organization that |
represents school boards. |
(C) Two appointees from districts that represent |
school business officials, recommended by a statewide |
organization that represents school business |
officials. |
(D) Two appointees that represent school |
|
principals, recommended by a statewide organization |
that represents school principals. |
(E) Two appointees that represent teachers, |
recommended by a statewide organization that |
represents teachers. |
(F) Two appointees that represent teachers, |
recommended by another statewide organization that |
represents teachers. |
(G) Two appointees that represent regional |
superintendents of schools, recommended by |
organizations that represent regional superintendents. |
(H) Two independent experts selected solely by the |
State Superintendent. |
(I) Two independent experts recommended by public |
universities in this State. |
(J) One member recommended by a statewide |
organization that represents parents. |
(K) Two representatives recommended by collective |
impact organizations that represent major metropolitan |
areas or geographic areas in Illinois. |
(L) One member from a statewide organization |
focused on research-based education policy to support |
a school system that prepares all students for |
college, a career, and democratic citizenship. |
(M) One representative from a school district |
organized under Article 34 of this Code. |
|
The State Superintendent shall ensure that the |
membership of the Panel includes representatives from |
school districts and communities reflecting the |
geographic, socio-economic, racial, and ethnic diversity |
of this State. The State Superintendent shall additionally |
ensure that the membership of the Panel includes |
representatives with expertise in bilingual education and |
special education. Staff from the State Board shall staff |
the Panel. |
(2) In addition to those Panel members appointed by |
the State Superintendent, 4 members of the General |
Assembly shall be appointed as follows: one member of the |
House of Representatives appointed by the Speaker of the |
House of Representatives, one member of the Senate |
appointed by the President of the Senate, one member of |
the House of Representatives appointed by the Minority |
Leader of the House of Representatives, and one member of |
the Senate appointed by the Minority Leader of the Senate. |
There shall be one additional member appointed by the |
Governor. All members appointed by legislative leaders or |
the Governor shall be non-voting, ex officio members. |
(3) The Panel must study topics at the direction of |
the General Assembly or State Board of Education, as |
provided under paragraph (1). The Panel may also study the |
following topics at the direction of the chairperson: |
(A) The format and scope of annual spending plans |
|
referenced in paragraph (9) of subsection (h) of this |
Section. |
(B) The Comparable Wage Index under this Section. |
(C) Maintenance and operations, including capital |
maintenance and construction costs. |
(D) "At-risk student" definition. |
(E) Benefits. |
(F) Technology. |
(G) Local Capacity Target. |
(H) Funding for Alternative Schools, Laboratory |
Schools, safe schools, and alternative learning |
opportunities programs. |
(I) Funding for college and career acceleration |
strategies. |
(J) Special education investments. |
(K) Early childhood investments, in collaboration |
with the Illinois Early Learning Council. |
(4) (Blank). |
(5) Within 5 years after the implementation of this |
Section, and every 5 years thereafter, the Panel shall |
complete an evaluative study of the entire Evidence-Based |
Funding model, including an assessment of whether or not |
the formula is achieving State goals. The Panel shall |
report to the State Board, the General Assembly, and the |
Governor on the findings of the study. |
(6) (Blank). |
|
(7) To ensure that (i) the Adequacy Target calculation |
under subsection (b) accurately reflects the needs of |
students living in poverty or attending schools located in |
areas of high poverty, (ii) racial equity within the |
Evidence-Based Funding formula is explicitly explored and |
advanced, and (iii) the funding goals of the formula |
distribution system established under this Section are |
sufficient to provide adequate funding for every student |
and to fully fund every school in this State, the Panel |
shall review the Essential Elements under paragraph (2) of |
subsection (b). The Panel shall consider all of the |
following in its review: |
(A) The financial ability of school districts to |
provide instruction in a foreign language to every |
student and whether an additional Essential Element |
should be added to the formula to ensure that every |
student has access to instruction in a foreign |
language. |
(B) The adult-to-student ratio for each Essential |
Element in which a ratio is identified. The Panel |
shall consider whether the ratio accurately reflects |
the staffing needed to support students living in |
poverty or who have traumatic backgrounds. |
(C) Changes to the Essential Elements that may be |
required to better promote racial equity and eliminate |
structural racism within schools. |
|
(D) The impact of investing $350,000,000 in |
additional funds each year under this Section and an |
estimate of when the school system will become fully |
funded under this level of appropriation. |
(E) Provide an overview of alternative funding |
structures that would enable the State to become fully |
funded at an earlier date. |
(F) The potential to increase efficiency and to |
find cost savings within the school system to expedite |
the journey to a fully funded system. |
(G) The appropriate levels for reenrolling and |
graduating high-risk high school students who have |
been previously out of school. These outcomes shall |
include enrollment, attendance, skill gains, credit |
gains, graduation or promotion to the next grade |
level, and the transition to college, training, or |
employment, with an emphasis on progressively |
increasing the overall attendance. |
(H) The evidence-based or research-based practices |
that are shown to reduce the gaps and disparities |
experienced by African American students in academic |
achievement and educational performance, including |
practices that have been shown to reduce disparities |
parities in disciplinary rates, drop-out rates, |
graduation rates, college matriculation rates, and |
college completion rates. |
|
On or before December 31, 2021, the Panel shall report |
to the State Board, the General Assembly, and the Governor |
on the findings of its review. This paragraph (7) is |
inoperative on and after July 1, 2022. |
(j) References. Beginning July 1, 2017, references in |
other laws to general State aid funds or calculations under |
Section 18-8.05 of this Code (now repealed) shall be deemed to |
be references to evidence-based model formula funds or |
calculations under this Section.
|
(Source: P.A. 101-10, eff. 6-5-19; 101-17, eff. 6-14-19; |
101-643, eff. 6-18-20; 101-654, eff. 3-8-21; 102-33, eff. |
6-25-21; 102-197, eff. 7-30-21; 102-558, eff. 8-20-21; revised |
10-12-21.) |
Section 5-78. The School Construction Law is amended by |
adding Section 5-500 as follows: |
(105 ILCS 230/5-500 new) |
Sec. 5-500. Emergency funding eligibility. |
(a) The State Board of Education shall classify |
destruction or disrepair of a public school as an emergency |
that is eligible for emergency funding if the public school |
(i) does not otherwise meet the minimum enrollment |
requirements to be eligible for emergency funding, (ii) has a |
majority-minority student population, and (iii) is located |
within a municipality with a population of less than 5,000 |
|
outside of Cook County and the destruction or disrepair |
occurred during the time in which proclamations issued by the |
Governor during the 2019-2020, 2020-2021, and 2021-2022 school |
years declaring a disaster due to a public health emergency |
pursuant to Section 7 of the Illinois Emergency Management |
Agency Act were in effect. |
(b) Notwithstanding any other provisions of law to the |
contrary, any school district that receives funding pursuant |
to subsection (a) is exempt from providing local matching |
funds. |
Section 5-80. The Board of Higher Education Act is amended |
by adding Section 9.41 as follows: |
(110 ILCS 205/9.41 new) |
Sec. 9.41. Board of Higher Education State Contracts and |
Grants Fund; creation. The Board of Higher Education State |
Contracts and Grants Fund is created as a special fund in the |
State treasury. The Board shall deposit into the Fund moneys |
received from grants, awards, or other financial activities |
from state or local government agencies, and, where |
appropriate, other funds made available through contracts with |
state or local government agencies. Moneys in the Fund may be |
used by the Board, subject to appropriation, for grants, |
awards, contracts, and other purposes in accordance with this |
Act. |
|
Section 5-82. The Public Community College Act is amended |
by adding Section 2-12.2 as follows: |
(110 ILCS 805/2-12.2 new) |
Sec. 2-12.2. Pipeline for the Advancement of the |
Healthcare Workforce. The State Board shall develop a funding |
formula to distribute funds for the Illinois Pipeline for the |
Advancement of the Healthcare (PATH) Workforce Program, a |
program that is hereby established and designed to create, |
support, and expand opportunities of individuals enrolled at a |
public community college in a healthcare pathway, to obtain |
credentials, certificates, and degrees that allow them to |
enter into or advance their careers in the healthcare |
industry. The State Board shall adopt rules as necessary to |
implement the funding formula and distribute the funds to |
Illinois community colleges. |
Section 5-85. The Higher Education Student Assistance Act |
is amended by changing Sections 35, 38, and 77 as follows:
|
(110 ILCS 947/35)
|
Sec. 35. Monetary award program.
|
(a) The Commission shall, each year, receive and consider |
applications
for grant assistance under this Section. Subject |
to a separate
appropriation for such purposes, an applicant is |
|
eligible for a grant under
this Section when the Commission |
finds that the applicant:
|
(1) is a resident of this State and a citizen or |
permanent resident
of the United States; and
|
(2) is enrolled or has been accepted for enrollment in |
a qualified institution for the purpose of obtaining a |
degree, certificate, or other credential offered by the |
institution, as applicable; and |
(3) in the absence of grant assistance, will be |
deterred by
financial considerations from completing an |
educational program at the
qualified institution of his or |
her choice.
|
(b) The Commission shall award renewals only upon the |
student's application
and upon the Commission's finding that |
the applicant:
|
(1) has remained a student in good standing;
|
(2) remains a resident of this State; and
|
(3) is in a financial situation that continues to |
warrant assistance.
|
(c) All grants shall be applicable only to tuition and |
necessary fee costs. The Commission shall determine the grant
|
amount for each student, which shall not exceed the smallest |
of
the following amounts:
|
(1) subject to appropriation, $5,468 for fiscal year |
2009, $5,968 for fiscal year 2010, and $6,468 for fiscal |
year 2011 and each fiscal year thereafter through fiscal |
|
year 2022, and $8,508 for fiscal year 2023 and each fiscal |
year thereafter, or such lesser amount as
the Commission |
finds to be available, during an academic year;
|
(2) the amount which equals 2 semesters or 3 quarters |
tuition
and other necessary fees required generally by the |
institution of all
full-time undergraduate students; or
|
(3) such amount as the Commission finds to be |
appropriate in view of
the applicant's financial |
resources.
|
Subject to appropriation, the maximum grant amount for |
students not subject to subdivision (1) of this subsection (c) |
must be increased by the same percentage as any increase made |
by law to the maximum grant amount under subdivision (1) of |
this subsection (c). |
"Tuition and other necessary fees" as used in this Section |
include the
customary charge for instruction and use of |
facilities in general, and the
additional fixed fees charged |
for specified purposes, which are required
generally of |
nongrant recipients for each academic period for which the |
grant
applicant actually enrolls, but do not include fees |
payable only once or
breakage fees and other contingent |
deposits which are refundable in whole or in
part. The |
Commission may prescribe, by rule not inconsistent with this
|
Section, detailed provisions concerning the computation of |
tuition and other
necessary fees.
|
(d) No applicant, including those presently receiving |
|
scholarship
assistance under this Act, is eligible for |
monetary award program
consideration under this Act after |
receiving a baccalaureate degree or
the equivalent of 135 |
semester credit hours of award payments.
|
(d-5) In this subsection (d-5), "renewing applicant" means |
a student attending an institution of higher learning who |
received a Monetary Award Program grant during the prior |
academic year. Beginning with the processing of applications |
for the 2020-2021 academic year, the Commission shall annually |
publish a priority deadline date for renewing applicants. |
Subject to appropriation, a renewing applicant who files by |
the published priority deadline date shall receive a grant if |
he or she continues to meet the eligibility requirements under |
this Section. A renewing applicant's failure to apply by the |
priority deadline date established under this subsection (d-5) |
shall not disqualify him or her from receiving a grant if |
sufficient funding is available to provide awards after that |
date. |
(e) The Commission, in determining the number of grants to |
be offered,
shall take into consideration past experience with |
the rate of grant funds
unclaimed by recipients. The |
Commission shall notify applicants that grant
assistance is |
contingent upon the availability of appropriated funds.
|
(e-5) The General Assembly finds and declares that it is |
an important purpose of the Monetary Award Program to |
facilitate access to college both for students who pursue |
|
postsecondary education immediately following high school and |
for those who pursue postsecondary education later in life, |
particularly Illinoisans who are dislocated workers with |
financial need and who are seeking to improve their economic |
position through education. For the 2015-2016 and 2016-2017 |
academic years, the Commission shall give additional and |
specific consideration to the needs of dislocated workers with |
the intent of allowing applicants who are dislocated workers |
an opportunity to secure financial assistance even if applying |
later than the general pool of applicants. The Commission's |
consideration shall include, in determining the number of |
grants to be offered, an estimate of the resources needed to |
serve dislocated workers who apply after the Commission |
initially suspends award announcements for the upcoming |
regular academic year, but prior to the beginning of that |
academic year. For the purposes of this subsection (e-5), a |
dislocated worker is defined as in the federal Workforce
|
Innovation and Opportunity Act. |
(f) (Blank).
|
(g) The Commission shall determine the eligibility of and |
make grants to
applicants enrolled at qualified for-profit |
institutions in accordance with the
criteria set forth in this |
Section. The eligibility of applicants enrolled at
such |
for-profit institutions shall be limited as follows:
|
(1) Beginning with the academic year 1997, only to |
eligible first-time
freshmen and
first-time transfer |
|
students who have attained an associate degree.
|
(2) Beginning with the academic year 1998, only to |
eligible freshmen
students,
transfer students who have |
attained an associate degree, and students who
receive a |
grant under paragraph (1) for the academic year 1997 and |
whose grants
are being renewed for the academic year 1998.
|
(3) Beginning with the academic year 1999, to all |
eligible students.
|
(h) The Commission may award a grant to an eligible |
applicant enrolled at an Illinois public institution of higher |
learning in a program that will culminate in the award of an |
occupational or career and technical certificate as that term |
is defined in 23 Ill. Adm. Code 1501.301. |
(i) The Commission may adopt rules to implement this |
Section. |
(Source: P.A. 100-477, eff. 9-8-17; 100-621, eff. 7-20-18; |
100-823, eff. 8-13-18; 101-81, eff. 7-12-19.)
|
(110 ILCS 947/38)
|
Sec. 38.
Monetary award
program accountability. The |
Illinois Student Assistance Commission is directed
to assess |
the educational persistence of monetary award program |
recipients. An
assessment under this Section shall include an |
analysis of such factors as
undergraduate educational goals, |
chosen field of study, retention rates, and
expected time to |
complete a degree. The assessment also shall include an
|
|
analysis of the academic success of monetary award program |
recipients through a
review of measures that are typically |
associated with academic success, such as
grade point average, |
satisfactory academic progress, and credit hours earned.
Each |
analysis should take into consideration student class level, |
dependency
types, and the type of higher education institution |
at which each monetary
award
program recipient is enrolled. |
The Illinois Community College Board and the Illinois Board of |
Higher Education are authorized and directed to share data |
with the Commission as needed to allow completion of the |
assessment. The Commission shall report its findings to the
|
General Assembly and the Board of Higher Education by February |
1, 1999 and at
least every 2 years thereafter.
|
(Source: P.A. 90-486, eff. 8-17-97; 90-488, eff. 8-17-97.)
|
(110 ILCS 947/77)
|
Sec. 77. Illinois Student Assistance Commission Contracts |
and Grants Fund.
|
(a) The Illinois Student Assistance Commission Contracts |
and Grants Fund
is created as a special fund in the State |
treasury. All gifts, grants, or
donations of money received by |
the Commission must be deposited into this
Fund and, where |
appropriate, other funds made available through contracts with |
governmental, public, and private agencies or persons may also |
be deposited into this Fund .
|
(b) Moneys in the Fund may be used by the Commission, |
|
subject
to appropriation, for support of the Commission's |
student and borrower assistance
outreach , research, and |
training activities.
|
(Source: P.A. 92-597, eff. 7-1-02.)
|
Section 5-88. The Nursing Education Scholarship Law is |
amended by changing Sections 3, 5, 6.5, and 7 and by adding |
Sections 3.1 and 9.1 as follows:
|
(110 ILCS 975/3) (from Ch. 144, par. 2753)
|
Sec. 3. Definitions. The following terms, whenever used or |
referred to, have the following
meanings except where the |
context clearly indicates otherwise:
|
(1) "Board" means the Board of Higher Education created by |
the Board
of Higher Education Act.
|
(2) "Department" means the Illinois Department of Public |
Health.
|
(3) "Approved institution" means a public community |
college, private
junior college, hospital-based diploma in |
nursing
program, or public or private
college or university |
with a pre-licensure nursing education program located in this |
State that has approval by the Department of Financial and |
Professional
Regulation for an associate degree in nursing
|
program,
associate degree in applied
sciences in nursing |
program, hospital-based diploma in nursing
program,
|
baccalaureate degree in nursing program, graduate degree in |
|
nursing program, or
certificate in a practical
nursing program |
or a post-licensure nursing education program approved by the |
Board of Higher Education or any successor agency with similar |
authority.
|
(4) "Baccalaureate degree in nursing program" means a |
program offered by
an
approved institution and leading to a |
bachelor of science degree in nursing.
|
(5) "Enrollment" means the establishment and maintenance |
of an
individual's status as a student in an approved |
institution, regardless of
the terms used at the institution |
to describe such status.
|
(6) "Academic year" means the period of time from |
September 1 of one
year through August 31 of the next year or |
as otherwise defined by the
academic institution.
|
(7) "Associate degree in nursing program or hospital-based |
diploma in
nursing program" means a program
offered by an |
approved institution and leading to an associate
degree in
|
nursing, associate degree in applied sciences in nursing, or
|
hospital-based diploma in nursing.
|
(8) "Graduate degree in nursing program" means a program |
offered by an approved institution and leading to a master of |
science degree in nursing or a doctorate of philosophy or |
doctorate of nursing degree in nursing.
|
(9) "Director" means the Director of the Illinois |
Department of Public
Health.
|
(10) "Accepted for admission" means a student has |
|
completed the
requirements for entry into an associate degree |
in nursing program,
associate degree in applied sciences in |
nursing program, hospital-based
diploma in nursing program,
|
baccalaureate degree in nursing program, graduate degree in |
nursing program, or
certificate in practical nursing program |
at an approved institution, as
documented by the
institution.
|
(11) "Fees" means those mandatory charges, in addition to |
tuition, that
all enrolled students must pay, including |
required course or lab fees.
|
(12) "Full-time student" means a student enrolled for at |
least 12 hours
per
term or as otherwise determined by the |
academic institution.
|
(13) "Law" means the Nursing Education Scholarship Law.
|
(14) "Nursing employment obligation" means employment in |
this State as a
registered
professional
nurse, licensed |
practical nurse, or advanced practice registered nurse in |
direct patient care
for at least one year for each year of |
scholarship assistance received through
the Nursing
Education |
Scholarship Program.
|
(15) "Part-time student" means a person who is enrolled |
for at least
one-third of the number of hours required per term |
by a school for its
full-time students.
|
(16) "Practical nursing program" means a program offered |
by an approved
institution leading to a certificate in |
practical nursing.
|
(17) "Registered professional nurse" means a
person who is |
|
currently licensed as a registered professional nurse
by the |
Department of Professional
Regulation under the Nurse Practice |
Act.
|
(18) "Licensed practical nurse" means a
person who is |
currently licensed as a licensed practical nurse
by the |
Department of Professional
Regulation under the Nurse Practice |
Act.
|
(19) "School term" means an academic term, such as a |
semester, quarter,
trimester, or number of clock hours, as |
defined by an approved institution.
|
(20) "Student in good standing" means a student |
maintaining a cumulative
grade point average equivalent to at |
least the academic grade of a "C".
|
(21) "Total and permanent disability" means a physical or |
mental impairment,
disease, or loss of a permanent nature that |
prevents nursing employment with or
without reasonable |
accommodation. Proof of disability shall be a declaration
from |
the social security administration, Illinois Workers' |
Compensation Commission,
Department of Defense, or an insurer |
authorized to transact business in
Illinois who is providing |
disability insurance coverage to a contractor.
|
(22) "Tuition" means the established charges of an |
institution of higher
learning for instruction at that |
institution.
|
(23) "Nurse educator" means a person who is currently |
licensed as a registered nurse by the Department of |
|
Professional Regulation under the Nurse Practice Act, who has |
a graduate degree in nursing, and who is employed by an |
approved academic institution to educate registered nursing |
students, licensed practical nursing students, and registered |
nurses pursuing graduate degrees.
|
(24) "Nurse educator employment obligation" means |
employment in this State as a nurse educator for at least 2 |
years for each year of scholarship assistance received under |
Section 6.5 of this Law. |
(25) "Commission" means the Illinois Student Assistance |
Commission. |
Rulemaking authority to implement the provisions of this |
Act Public Act 96-805, if any, is conditioned on the rules |
being adopted in accordance with all provisions of the |
Illinois Administrative Procedure Act and all rules and |
procedures of the Joint Committee on Administrative Rules; any |
purported rule not so adopted, for whatever reason, is |
unauthorized. |
(Source: P.A. 100-183, eff. 8-18-17; 100-513, eff. 1-1-18; |
100-863, eff. 8-14-18.)
|
(110 ILCS 975/3.1 new) |
Sec. 3.1. Approved institutions. An approved institution |
must maintain compliance with all applicable State and federal |
laws. An approved institution is not eligible for other |
programs administered by the Commission and is not required to |
|
meet the definition of "institution of higher learning", |
"qualified institution", or "institution" as defined in |
Section 10 of the Higher Education Student Assistance Act. The |
Commission may establish by rule additional requirements for |
approved institutions.
|
(110 ILCS 975/5) (from Ch. 144, par. 2755)
|
Sec. 5. Nursing education scholarships. Beginning with the |
fall term of the 2004-2005
academic year, the
Department, in |
accordance with rules and regulations promulgated by it for |
this
program, shall provide scholarships to individuals |
selected
from among those applicants who qualify for |
consideration by showing:
|
(1) that he or she has been a resident of this State |
for at least one
year prior to application, and is a |
citizen or a lawful permanent resident
alien of the United |
States;
|
(2) that he or she is enrolled in or accepted for |
admission to an associate degree in
nursing program, |
hospital-based
diploma in nursing program, baccalaureate |
degree
in nursing program, graduate degree in nursing |
program, or practical nursing program at an approved
|
institution; and
|
(3) that he or she agrees to meet the nursing |
employment obligation.
|
If in any year the number of qualified applicants exceeds |
|
the number of
scholarships to be awarded, the Department |
shall, in consultation with the Illinois Nursing Workforce |
Center Advisory Board, consider the following factors in |
granting priority in awarding
scholarships: |
(A) Financial need, as shown on a
standardized |
financial needs assessment form used by an approved
|
institution, of students who will pursue their |
education on a full-time or close to
full-time
basis |
and who already have a certificate in practical |
nursing, a diploma
in nursing, or an associate degree |
in nursing and are pursuing a higher
degree.
|
(B) A student's status as a registered nurse who |
is pursuing a graduate degree in nursing to pursue |
employment in an approved institution that educates |
licensed practical nurses and that educates registered |
nurses in undergraduate and graduate nursing programs.
|
(C) A student's merit, as shown through his or her |
grade point average, class rank, and other academic |
and extracurricular activities. The Department may add |
to and further define these merit criteria by rule.
|
Unless otherwise indicated, scholarships shall be awarded |
to
recipients at approved institutions for a period
of up to 2 |
years if the recipient is enrolled in an
associate degree in
|
nursing
program, up to 3 years if the recipient is enrolled in |
a hospital-based
diploma in nursing program, up to 4 years if |
the recipient is enrolled in a
baccalaureate degree in nursing |
|
program, up to 5 years if the recipient is enrolled in a |
graduate degree in nursing program, and up to one year if the
|
recipient is enrolled in a certificate in practical nursing |
program. At least
40% of the scholarships awarded shall be for |
recipients who are
pursuing baccalaureate degrees in nursing, |
30% of the scholarships
awarded shall be for recipients who |
are pursuing associate degrees in
nursing
or a diploma in |
nursing, 10% of the scholarships awarded
shall be for |
recipients who are pursuing a certificate in practical |
nursing, and 20% of the scholarships awarded shall be for |
recipients who are pursuing a graduate degree in nursing.
|
During Beginning with the fall term of the 2021-2022 |
academic year and continuing through the 2024-2025 academic |
year , subject to appropriation from the Hospital Licensure |
Fund, in addition to any other funds available to the |
Department for such scholarships, the Department may award a |
total of $500,000 annually in scholarships under this Section. |
(Source: P.A. 102-641, eff. 8-27-21.)
|
(110 ILCS 975/6.5) |
Sec. 6.5. Nurse educator scholarships. |
(a) Beginning with the fall term of the 2009-2010 academic |
year, the Department shall provide scholarships to individuals |
selected from among those applicants who qualify for |
consideration by showing the following: |
(1) that he or she has been a resident of this State |
|
for at least one year prior to application and is a citizen |
or a lawful permanent resident alien of the United States; |
(2) that he or she is enrolled in or accepted for |
admission to a graduate degree in nursing program at an |
approved institution; and |
(3) that he or she agrees to meet the nurse educator |
employment obligation. |
(b) If in any year the number of qualified applicants |
exceeds the number of scholarships to be awarded under this |
Section, the Department shall, in consultation with the |
Illinois Nursing Workforce Center Advisory Board, consider the |
following factors in granting priority in awarding |
scholarships: |
(1) Financial need, as shown on a standardized |
financial needs assessment form used by an approved |
institution, of students who will pursue their education |
on a full-time or close to full-time basis and who already |
have a diploma in nursing and are pursuing a higher |
degree. |
(2) A student's status as a registered nurse who is |
pursuing a graduate degree in nursing to pursue employment |
in an approved institution that educates licensed |
practical nurses and that educates registered nurses in |
undergraduate and graduate nursing programs. |
(3) A student's merit, as shown through his or her |
grade point average, class rank, experience as a nurse, |
|
including supervisory experience, experience as a nurse in |
the United States military, and other academic and |
extracurricular activities. |
(c) Unless otherwise indicated, scholarships under this |
Section shall be awarded to recipients at approved |
institutions for a period of up to 3 years. |
(d) Within 12 months after graduation from a graduate |
degree in nursing program for nurse educators, any recipient |
who accepted a scholarship under this Section shall begin |
meeting the required nurse educator employment obligation. In |
order to defer his or her continuous employment obligation, a |
recipient must request the deferment in writing from the |
Department. A recipient shall receive a deferment if he or she |
notifies the Department, within 30 days after enlisting, that |
he or she is spending up to 4 years in military service. A |
recipient shall receive a deferment if he or she notifies the |
Department, within 30 days after enrolling, that he or she is |
enrolled in an academic program leading to a graduate degree |
in nursing. The recipient must begin meeting the required |
nurse educator employment obligation no later than 6 months |
after the end of the deferment or deferments. |
Any person who fails to fulfill the nurse educator |
employment obligation shall pay to the Department an amount |
equal to the amount of scholarship funds received per year for |
each unfulfilled year of the nurse educator employment |
obligation, together with interest at 7% per year on the |
|
unpaid balance. Payment must begin within 6 months following |
the date of the occurrence initiating the repayment. All |
repayments must be completed within 6 years from the date of |
the occurrence initiating the repayment. However, this |
repayment obligation may be deferred and re-evaluated every 6 |
months when the failure to fulfill the nurse educator |
employment obligation results from involuntarily leaving the |
profession due to a decrease in the number of nurses employed |
in this State or when the failure to fulfill the nurse educator |
employment obligation results from total and permanent |
disability. The repayment obligation shall be excused if the |
failure to fulfill the nurse educator employment obligation |
results from the death or adjudication as incompetent of the |
person holding the scholarship. No claim for repayment may be |
filed against the estate of such a decedent or incompetent. |
The Department may allow a nurse educator employment |
obligation fulfillment alternative if the nurse educator |
scholarship recipient is unsuccessful in finding work as a |
nurse educator. The Department shall maintain a database of |
all available nurse educator positions in this State. |
(e) Each person applying for a scholarship under this |
Section must be provided with a copy of this Section at the |
time of application for the benefits of this scholarship. |
(f) Rulemaking authority to implement this amendatory Act |
of the 96th General Assembly, if any, is conditioned on the |
rules being adopted in accordance with all provisions of the |
|
Illinois Administrative Procedure Act and all rules and |
procedures of the Joint Committee on Administrative Rules; any |
purported rule not so adopted, for whatever reason, is |
unauthorized.
|
(Source: P.A. 100-513, eff. 1-1-18 .)
|
(110 ILCS 975/7) (from Ch. 144, par. 2757)
|
Sec. 7. Amount of scholarships. To determine a scholarship
|
amount, the Department shall consider tuition and fee charges |
at
community colleges and universities statewide and projected |
living
expenses. Using information provided annually by the |
Illinois Student
Assistance Commission, 75% of the weighted |
tuition and fees charged by
community colleges in Illinois |
shall be added to the uniform living
allowance reported in the |
weighted Monetary Award Program (MAP)
budget to determine the |
full-time scholarship amount for students
pursuing an |
associate degree or diploma in nursing at an Illinois
|
community college. Scholarship amounts for students pursuing
|
associate, baccalaureate, or graduate degrees in nursing at a |
college or university shall
include 75% of the
weighted |
tuition and fees charged by public universities in Illinois |
plus
the uniform living allowance reported in the weighted MAP |
budget.
Scholarship amounts for students in practical nursing |
programs shall
include 75% of the average of tuition charges |
at all practical nursing
programs plus the uniform living |
allowance reported in the weighted MAP
budget. The
Department |
|
may provide that scholarships shall be on a quarterly or
|
semi-annual basis and shall be contingent upon the student's |
diligently
pursuing nursing studies and being a student in |
good
standing. Scholarship awards may be provided to part-time |
students; the
amount shall be determined by applying the |
proportion represented by the
part-time enrollment to |
full-time enrollment ratio to the average per-term
scholarship |
amount for a student in the same nursing degree category.
|
(Source: P.A. 92-43, eff. 1-1-02; 93-879, eff. 1-1-05.)
|
(110 ILCS 975/9.1 new) |
Sec. 9.1. Transfer of functions from the Department to the |
Commission. |
(a) On July 1, 2022, or as soon thereafter as practical, |
all functions performed by the Department under this Act, |
together with all of the powers, duties, rights, and |
responsibilities of the Department relating to those |
functions, are transferred from the Department to the |
Commission. |
(1) The Department and the Commission shall cooperate
|
to ensure that the transfer of functions is completed as |
soon as practical. |
(2) To the extent necessary or prudent to select
|
scholarship recipients and award scholarships pursuant to |
this Act, following the application cycle which begins on |
March 1, 2022, the Department and the Commission may enter |
|
into interagency agreements pursuant to Section 3 of the |
Intergovernmental Cooperation Act to ensure scholarships |
are awarded for the 2022-2023 academic year. |
(b) Neither the functions transferred under this Section, |
nor any powers, duties, rights, and responsibilities relating |
to those functions, are altered or changed by this amendatory |
Act of the 102nd General Assembly, except that all such |
functions, powers, duties, rights, and responsibilities shall |
be performed or exercised by the Commission as of July 1, 2022. |
(c) All books, records, papers, documents, contracts, and |
pending business pertaining to the functions transferred under |
this Section, including but not limited to material in |
electronic or magnetic format and necessary computer hardware |
and software, shall be transferred to the Commission. The |
transfer of that information shall not, however, violate any |
applicable confidentiality constraints. |
(d) Whenever reports or notices are required to be made or |
given or papers or documents furnished or served by any person |
to or upon the Department in connection with any of the |
functions transferred under this Section, the same shall be |
made, given, furnished, or served in the same manner to or upon |
the Commission. |
The Department shall transfer to the Commission any such |
reports, notices, papers, or documents received by the |
Department after July 1, 2022. The Department and the |
Commission shall cooperate to ensure that the transfer of any |
|
such reports, notices, papers, or documents is completed as |
soon as is practical. |
(e) This Section shall not affect any act done, ratified, |
or canceled, or any right occurring or established, or any |
action or proceeding had or commenced in an administrative, |
civil, or criminal case, regarding the functions of the |
Department before July 1, 2022; such actions may be |
prosecuted, defended, or continued by the Department. |
(f) Any rules of the Department that (1) relate to the |
functions transferred under this Section, (2) that are in full |
force on July 1, 2022, and (3) that have been duly adopted by |
the Department, shall become the rules of the Commission. This |
Section shall not affect the legality of any such rules in the |
Illinois Administrative Code. Any proposed rules filed with |
the Secretary of State by the Department that are pending in |
the rulemaking process on July 1, 2022, and that pertain to the |
functions transferred, shall be deemed to have been filed by |
the Commission. As soon as practicable after July 1, 2022, the |
Commission may revise and clarify the rules transferred to it |
under this Section and propose and adopt new rules that relate |
to the functions transferred in this Section. |
(g) The powers, duties, rights, and responsibilities |
relating to the functions transferred under this Section are |
vested in and shall be exercised by the Commission. Each act |
done in exercise of those powers, duties, rights, and |
responsibilities shall have the same legal effect as if done |
|
by the Department or its divisions, officers, or employees. |
(h) Whenever a provision of law, including, but not |
limited to, the provisions of this Act, refers to the |
Department in connection with its performance of a function |
that is transferred to the Commission under this Section, that |
provision shall be deemed to refer to the Commission on and |
after July 1, 2022. |
Section 5-89. The Specialized Mental Health Rehabilitation |
Act of 2013 is amended by changing Sections 5-102 and 5-107 as |
follows: |
(210 ILCS 49/5-102) |
Sec. 5-102. Transition payments. |
(a) In addition to payments already required by law, the |
Department of Healthcare and Family Services shall make |
payments to facilities licensed under this Act in the amount |
of $29.43 per licensed bed, per day, for the period beginning |
June 1, 2014 and ending June 30, 2014.
|
(b) For the purpose of incentivizing reduced room |
occupancy and notwithstanding any provision of law to the |
contrary, the Medicaid rates for specialized mental health |
rehabilitation facilities effective on July 1, 2022 must be |
equal to the rates in effect for specialized mental health |
rehabilitation facilities on June 30, 2022, increased by 5.0%. |
This rate shall be in effect from July
1, 2022 through June 30, |
|
2024. After June 30, 2024, this rate shall remain in effect |
only for any occupied bed that is in a room with no more than 2 |
beds. The rate increase shall be effective for payment for |
services under both the fee-for-service and managed care |
medical assistance programs established under Article V of the |
Illinois Public Aid Code. |
(Source: P.A. 98-651, eff. 6-16-14.) |
(210 ILCS 49/5-107) |
Sec. 5-107. Quality of life enhancement. Beginning on July |
1, 2019, for improving the quality of life and the quality of |
care, an additional payment shall be awarded to a facility for |
their single occupancy rooms. This payment shall be in |
addition to the rate for recovery and rehabilitation. The |
additional rate for single room occupancy shall be no less |
than $10 per day, per single room occupancy. The Department of |
Healthcare and Family Services shall adjust payment to |
Medicaid managed care entities to cover these costs. Beginning |
July 1, 2022, for improving the quality of life and the quality |
of care, a payment of no less than $5 per day, per single room |
occupancy shall be added to the existing $10 additional per |
day, per single room occupancy rate for a total of at least $15 |
per day, per single room occupancy. Beginning July 1, 2022, |
for improving the quality of life and the quality of care, an |
additional payment shall be awarded to a facility for its |
dual-occupancy rooms. This payment shall be in addition to the |
|
rate for recovery and rehabilitation. The additional rate for |
dual-occupancy rooms shall be no less than $10 per day, per |
Medicaid-occupied bed, in each dual-occupancy room. The |
Department of Healthcare and Family Services shall adjust |
payment to Medicaid managed care entities to cover these |
costs. As used in this Section, "dual-occupancy room" means a |
room that contains 2 resident beds.
|
(Source: P.A. 101-10, eff. 6-5-19.) |
Section 5-90. The Clinical Social Work and Social Work |
Practice Act is amended by adding Section 13.2 as follows: |
(225 ILCS 20/13.2 new) |
Sec. 13.2. Fee waivers. Notwithstanding any provision of |
law to the contrary, during State fiscal years 2022, 2023, and |
2024, the Department shall allow individuals a one-time waiver |
of fees imposed under subsection (a) of Section 11 or Section |
7, 9, 9A, 12.5, or 13 of this Act. No individual may benefit |
from such waiver more than once. |
Section 5-91. The Medical Practice Act of 1987 is amended |
by adding Section 9.1 as follows: |
(225 ILCS 60/9.1 new) |
Sec. 9.1. Fee waivers. Notwithstanding any provision of |
law to the contrary, during State fiscal years 2022, 2023, and |
|
2024, the Department shall allow individuals a one-time waiver |
of fees imposed under Section 9, 19, or 21 of this Act. No |
individual may benefit from such waiver more than once. |
Section 5-92. The Nurse Practice Act is amended by adding |
Section 50-27 and by changing Section 70-50 as follows: |
(225 ILCS 65/50-27 new) |
Sec. 50-27. Fee waivers. Notwithstanding any provision of |
law to the contrary, during State fiscal years 2022, 2023, and |
2024, the Department shall allow individuals a one-time waiver |
of fees imposed under Section 50-26, 55-10, 55-11, 55-15, |
60-10, 60-11, 60-20, 65-5, 65-15, or 70-45 of this Act. No |
individual may benefit from such waiver more than once.
|
(225 ILCS 65/70-50)
(was 225 ILCS 65/20-40)
|
(Section scheduled to be repealed on January 1, 2028)
|
Sec. 70-50. Fund. |
(a) There is hereby created within the State Treasury the
|
Nursing Dedicated and Professional Fund. The monies in the |
Fund may be
used by and at the direction of the Department for |
the administration and
enforcement of this Act, including, but |
not limited to:
|
(1) Distribution and publication of this Act and |
rules.
|
(2) Employment of secretarial, nursing, |
|
administrative, enforcement, and
other staff for the |
administration of this Act.
|
(b) Disposition of fees:
|
(1) $5 of every licensure fee shall be placed in a fund |
for assistance to nurses enrolled in a diversionary |
program as approved by the Department.
|
(2) All of the fees, fines, and penalties
collected |
pursuant to
this Act shall be deposited in the Nursing |
Dedicated and Professional Fund.
|
(3) Each fiscal year, the moneys deposited
in the |
Nursing Dedicated and Professional Fund shall be |
appropriated to the
Department for expenses of the |
Department and the Board in the
administration of this |
Act. All earnings received from investment of
moneys in |
the Nursing Dedicated and Professional Fund shall be
|
deposited in the Nursing Dedicated and Professional Fund |
and shall be used
for the same purposes as fees deposited |
in the Fund.
|
(4) For fiscal years 2010 through 2022 the fiscal year |
beginning July 1, 2009 and for
each fiscal
year |
thereafter , $2,000,000 of the moneys deposited in the
|
Nursing Dedicated
and Professional Fund each year shall be |
set aside and appropriated to the
Department of Public |
Health for nursing scholarships awarded pursuant to
the |
Nursing Education Scholarship Law.
For fiscal year 2023 |
and for each fiscal year thereafter, $4,000,000 of the |
|
moneys deposited in the Nursing Dedicated and Professional |
Fund each year shall be set aside and appropriated to the |
Illinois Student Assistance Commission for nursing |
scholarships awarded pursuant to the Nursing Education |
Scholarship Law.
|
(5) Moneys in the Fund may be transferred to the |
Professions
Indirect Cost Fund as authorized under Section |
2105-300 of the
Department of Professional Regulation Law |
(20 ILCS 2105/2105-300).
|
(c)
Moneys set aside for nursing scholarships awarded |
pursuant to
the Nursing Education Scholarship Law as provided |
in item (4)
of subsection (b)
of this Section may not be |
transferred under Section 8h of the State Finance Act. |
(Source: P.A. 100-513, eff. 1-1-18 .)
|
Section 5-93. The Pharmacy Practice Act is amended by |
adding Section 27.1 as follows: |
(225 ILCS 85/27.1 new) |
Sec. 27.1. Fee waivers. Notwithstanding any provision of |
law to the contrary, during State fiscal years 2022, 2023, and |
2024, the Department shall allow individuals a one-time waiver |
of fees imposed under Section 7, 8, 9, 9.5, or 27 of this Act. |
No individual may benefit from such waiver more than once. |
Section 5-94. The Physician Assistant Practice Act of 1987 |
|
is amended by adding Section 14.2 as follows: |
(225 ILCS 95/14.2 new) |
Sec. 14.2. Fee waivers. Notwithstanding any provision of |
law to the contrary, during State fiscal years 2022, 2023, and |
2024, the Department shall allow individuals a one-time waiver |
of fees imposed under Section 9, 14.1, 15, or 16 of this Act. |
No individual may benefit from such waiver more than once. |
Section 5-96. The Liquor Control Act of 1934 is amended by |
changing Section 5-3 as follows: |
(235 ILCS 5/5-3) (from Ch. 43, par. 118) |
Sec. 5-3. License fees. Except as otherwise provided |
herein, at the time
application is made to the State |
Commission for a license of any class, the
applicant shall pay |
to the State Commission the fee hereinafter provided for
the |
kind of license applied for. |
The fee for licenses issued by the State Commission shall |
be as follows: |
|
| Online | Initial | |
| renewal | license | |
| | or | |
| | non-online | |
| | renewal |
|
|
For a manufacturer's license: | | | |
|
|
Class 1. Distiller ................. | $4,000 | $5,000 | |
Class 2. Rectifier ................. | 4,000 | 5,000 | |
Class 3. Brewer .................... | 1,200 | 1,500 | |
Class 4. First-class Wine | | | |
Manufacturer ................... | 1,200 | 1,500 | |
Class 5. Second-class | | | |
Wine Manufacturer .............. | 1,500 | 1,750 | |
Class 6. First-class wine-maker .... | 1,200 | 1,500 | |
Class 7. Second-class wine-maker ... | 1,500 | 1,750 | |
Class 8. Limited Wine | | | |
Manufacturer .................... | 250 | 350 | |
Class 9. Craft Distiller ............ | 2,000 | 2,500 | |
Class 10. Class 1 Craft Distiller ... | 50 | 75 | |
Class 11. Class 2 Craft Distiller ... | 75 | 100 | |
Class 12. Class 1 Brewer ............ | 50 | 75 | |
Class 13. Class 2 Brewer ............ | 75 | 100 | |
Class 14. Class 3 Brewer ............ | 25 | 50 | |
For a Brew Pub License .............. | 1,200 | 1,500 | |
For a Distilling Pub License ........ | 1,200 | 1,500 | |
For a caterer retailer's license .... | 350 | 500 | |
For a foreign importer's license ... | 25 | 25 | |
For an importing distributor's | | | |
license ......................... | 25 | 25 | |
For a distributor's license | | | |
(11,250,000 gallons | | | |
or over) ........................ | 1,450 | 2,200 | |
|
|
For a distributor's license | | | |
(over 4,500,000 gallons, but | | | |
under 11,250,000 gallons) ....... | 950 | 1,450 | |
For a distributor's license | | | |
(4,500,000 gallons or under) .... | 300 | 450 | |
For a non-resident dealer's license | | | |
(500,000 gallons or over) | | | |
or with self-distribution | | | |
privileges ..................... | 1,200 | 1,500 | |
For a non-resident dealer's license | | | |
(under 500,000 gallons) ........ | 250 | 350 | |
For a wine-maker's premises | | | |
license ........................ | 250 | 500 | |
For a winery shipper's license | | | |
(under 250,000 gallons) ......... | 200 | 350 | |
For a winery shipper's license
| | | |
(250,000 or over, but | | | |
under 500,000 gallons) .......... | 750 | 1,000 | |
For a winery shipper's license
| | | |
(500,000 gallons or over) ....... | 1,200 | 1,500 | |
For a wine-maker's premises | | | |
license, second location ....... | 500 | 1,000 | |
For a wine-maker's premises | | | |
license, third location ........ | 500 | 1,000 | |
For a retailer's license ........... | 600 | 750 | |
For a special event retailer's | | | |
|
|
event permit .................... | 25 | 25 | |
For a craft distiller | | | |
tasting permit .................. | 25 | 25 | |
For a BASSET trainer license ........ | 300 | 350 | |
For a tasting representative | | | |
license ......................... | 200 | 300 | |
For a brewer warehouse permit ....... | 25 | 25 | |
For a craft distiller | | | |
warehouse permit ............... | 25 | 25 |
|
Fees collected under this Section shall be paid into the
|
Dram Shop Fund. The State Commission shall waive license |
renewal fees for those retailers' licenses that are designated |
as "1A" by the State Commission and expire on or after July 1, |
2022, and on or before June 30, 2023. One-half On and after |
July 1, 2003 and until June 30, 2016, of the funds received for |
a
retailer's license, in
addition to the
first $175, an |
additional $75 shall be paid into the Dram Shop Fund, and $250
|
shall be
paid into the General Revenue Fund. On and after June |
30, 2016, one-half of the funds received for a retailer's |
license shall be paid into the Dram Shop Fund and one-half of |
the funds received for a retailer's license shall be paid into |
the General Revenue Fund. Beginning June 30, 1990 and on June |
30
of each
subsequent year through June 29, 2003, any balance |
over $5,000,000
remaining in the Dram Shop Fund
shall be |
credited to State liquor licensees and applied against their |
fees for
State liquor licenses for the following year. The |
|
amount credited to each
licensee shall be a proportion of the |
balance in the Dram Fund that is the
same as the proportion of |
the license fee paid by the licensee under
this Section for the |
period in which the balance was accumulated to the
aggregate |
fees paid by all licensees during that period. |
No fee shall be paid for licenses issued by the State |
Commission to
the following non-beverage users: |
(a) Hospitals, sanitariums, or clinics when their use |
of alcoholic
liquor is exclusively medicinal, mechanical |
or scientific. |
(b) Universities, colleges of learning or schools when |
their use of
alcoholic liquor is exclusively medicinal, |
mechanical or scientific. |
(c) Laboratories when their use is exclusively for the |
purpose of
scientific research. |
(Source: P.A. 101-482, eff. 8-23-19; 101-615, eff. 12-20-19; |
102-442, eff. 8-20-21; 102-558, eff. 8-20-21.) |
Section 5-97. The Illinois Gambling Act is amended by |
changing Section 13 as follows:
|
(230 ILCS 10/13) (from Ch. 120, par. 2413)
|
Sec. 13. Wagering tax; rate; distribution.
|
(a) Until January 1, 1998, a tax is imposed on the adjusted |
gross
receipts received from gambling games authorized under |
this Act at the rate of
20%.
|
|
(a-1) From January 1, 1998 until July 1, 2002, a privilege |
tax is
imposed on persons engaged in the business of |
conducting riverboat gambling
operations, based on the |
adjusted gross receipts received by a licensed owner
from |
gambling games authorized under this Act at the following |
rates:
|
15% of annual adjusted gross receipts up to and |
including $25,000,000;
|
20% of annual adjusted gross receipts in excess of |
$25,000,000 but not
exceeding $50,000,000;
|
25% of annual adjusted gross receipts in excess of |
$50,000,000 but not
exceeding $75,000,000;
|
30% of annual adjusted gross receipts in excess of |
$75,000,000 but not
exceeding $100,000,000;
|
35% of annual adjusted gross receipts in excess of |
$100,000,000.
|
(a-2) From July 1, 2002 until July 1, 2003, a privilege tax |
is imposed on
persons engaged in the business of conducting |
riverboat gambling operations,
other than licensed managers |
conducting riverboat gambling operations on behalf
of the |
State, based on the adjusted gross receipts received by a |
licensed
owner from gambling games authorized under this Act |
at the following rates:
|
15% of annual adjusted gross receipts up to and |
including $25,000,000;
|
22.5% of annual adjusted gross receipts in excess of |
|
$25,000,000 but not
exceeding $50,000,000;
|
27.5% of annual adjusted gross receipts in excess of |
$50,000,000 but not
exceeding $75,000,000;
|
32.5% of annual adjusted gross receipts in excess of |
$75,000,000 but not
exceeding $100,000,000;
|
37.5% of annual adjusted gross receipts in excess of |
$100,000,000 but not
exceeding $150,000,000;
|
45% of annual adjusted gross receipts in excess of |
$150,000,000 but not
exceeding $200,000,000;
|
50% of annual adjusted gross receipts in excess of |
$200,000,000.
|
(a-3) Beginning July 1, 2003, a privilege tax is imposed |
on persons engaged
in the business of conducting riverboat |
gambling operations, other than
licensed managers conducting |
riverboat gambling operations on behalf of the
State, based on |
the adjusted gross receipts received by a licensed owner from
|
gambling games authorized under this Act at the following |
rates:
|
15% of annual adjusted gross receipts up to and |
including $25,000,000;
|
27.5% of annual adjusted gross receipts in excess of |
$25,000,000 but not
exceeding $37,500,000;
|
32.5% of annual adjusted gross receipts in excess of |
$37,500,000 but not
exceeding $50,000,000;
|
37.5% of annual adjusted gross receipts in excess of |
$50,000,000 but not
exceeding $75,000,000;
|
|
45% of annual adjusted gross receipts in excess of |
$75,000,000 but not
exceeding $100,000,000;
|
50% of annual adjusted gross receipts in excess of |
$100,000,000 but not
exceeding $250,000,000;
|
70% of annual adjusted gross receipts in excess of |
$250,000,000.
|
An amount equal to the amount of wagering taxes collected |
under this
subsection (a-3) that are in addition to the amount |
of wagering taxes that
would have been collected if the |
wagering tax rates under subsection (a-2)
were in effect shall |
be paid into the Common School Fund.
|
The privilege tax imposed under this subsection (a-3) |
shall no longer be
imposed beginning on the earlier of (i) July |
1, 2005; (ii) the first date
after June 20, 2003 that riverboat |
gambling operations are conducted
pursuant to a dormant |
license; or (iii) the first day that riverboat gambling
|
operations are conducted under the authority of an owners |
license that is in
addition to the 10 owners licenses |
initially authorized under this Act.
For the purposes of this |
subsection (a-3), the term "dormant license"
means an owners |
license that is authorized by this Act under which no
|
riverboat gambling operations are being conducted on June 20, |
2003.
|
(a-4) Beginning on the first day on which the tax imposed |
under
subsection (a-3) is no longer imposed and ending upon |
the imposition of the privilege tax under subsection (a-5) of |
|
this Section, a privilege tax is imposed on persons
engaged in |
the business of conducting gambling operations, other
than |
licensed managers conducting riverboat gambling operations on |
behalf of
the State, based on the adjusted gross receipts |
received by a licensed owner
from gambling games authorized |
under this Act at the following rates:
|
15% of annual adjusted gross receipts up to and |
including $25,000,000;
|
22.5% of annual adjusted gross receipts in excess of |
$25,000,000 but not
exceeding $50,000,000;
|
27.5% of annual adjusted gross receipts in excess of |
$50,000,000 but not
exceeding $75,000,000;
|
32.5% of annual adjusted gross receipts in excess of |
$75,000,000 but not
exceeding $100,000,000;
|
37.5% of annual adjusted gross receipts in excess of |
$100,000,000 but not
exceeding $150,000,000;
|
45% of annual adjusted gross receipts in excess of |
$150,000,000 but not
exceeding $200,000,000;
|
50% of annual adjusted gross receipts in excess of |
$200,000,000.
|
For the imposition of the privilege tax in this subsection |
(a-4), amounts paid pursuant to item (1) of subsection (b) of |
Section 56 of the Illinois Horse Racing Act of 1975 shall not |
be included in the determination of adjusted gross receipts. |
(a-5)(1) Beginning on July 1, 2020, a privilege tax is |
imposed on persons engaged in the business of conducting |
|
gambling operations, other than the owners licensee under |
paragraph (1) of subsection (e-5) of Section 7 and licensed |
managers conducting riverboat gambling operations on behalf of |
the State, based on the adjusted gross receipts received by |
such licensee from the gambling games authorized under this |
Act. The privilege tax for all gambling games other than table |
games, including, but not limited to, slot machines, video |
game of chance gambling, and electronic gambling games shall |
be at the following rates: |
15% of annual adjusted gross receipts up to and |
including $25,000,000; |
22.5% of annual adjusted gross receipts in excess of |
$25,000,000 but not exceeding $50,000,000; |
27.5% of annual adjusted gross receipts in excess of |
$50,000,000 but not exceeding $75,000,000; |
32.5% of annual adjusted gross receipts in excess of |
$75,000,000 but not exceeding $100,000,000; |
37.5% of annual adjusted gross receipts in excess of |
$100,000,000 but not exceeding $150,000,000; |
45% of annual adjusted gross receipts in excess of |
$150,000,000 but not exceeding $200,000,000; |
50% of annual adjusted gross receipts in excess of |
$200,000,000. |
The privilege tax for table games shall be at the |
following rates: |
15% of annual adjusted gross receipts up to and |
|
including $25,000,000; |
20% of annual adjusted gross receipts in excess of |
$25,000,000. |
For the imposition of the privilege tax in this subsection |
(a-5), amounts paid pursuant to item (1) of subsection (b) of |
Section 56 of the Illinois Horse Racing Act of 1975 shall not |
be included in the determination of adjusted gross receipts. |
(2) Beginning on the first day that an owners licensee |
under paragraph (1) of subsection (e-5) of Section 7 conducts |
gambling operations, either in a temporary facility or a |
permanent facility, a privilege tax is imposed on persons |
engaged in the business of conducting gambling operations |
under paragraph (1) of subsection (e-5) of Section 7, other |
than licensed managers conducting riverboat gambling |
operations on behalf of the State, based on the adjusted gross |
receipts received by such licensee from the gambling games |
authorized under this Act. The privilege tax for all gambling |
games other than table games, including, but not limited to, |
slot machines, video game of chance gambling, and electronic |
gambling games shall be at the following rates: |
12% of annual adjusted gross receipts up to and
|
including $25,000,000 to the State and 10.5% of annual |
adjusted gross receipts up to and including $25,000,000 to |
the City of Chicago; |
16% of annual adjusted gross receipts in excess of
|
$25,000,000 but not exceeding $50,000,000 to the State and |
|
14% of annual adjusted gross receipts in excess of |
$25,000,000 but not exceeding $50,000,000 to the City of |
Chicago; |
20.1% of annual adjusted gross receipts in excess of
|
$50,000,000 but not exceeding $75,000,000 to the State and |
17.4% of annual adjusted gross receipts in excess of |
$50,000,000 but not exceeding $75,000,000 to the City of |
Chicago; |
21.4% of annual adjusted gross receipts in excess of
|
$75,000,000 but not exceeding $100,000,000 to the State |
and 18.6% of annual adjusted gross receipts in excess of |
$75,000,000 but not exceeding $100,000,000 to the City of |
Chicago; |
22.7% of annual adjusted gross receipts in excess of
|
$100,000,000 but not exceeding $150,000,000 to the State |
and 19.8% of annual adjusted gross receipts in excess of |
$100,000,000 but not exceeding $150,000,000 to the City of |
Chicago; |
24.1% of annual adjusted gross receipts in excess of
|
$150,000,000 but not exceeding $225,000,000 to the State |
and 20.9% of annual adjusted gross receipts in excess of |
$150,000,000 but not exceeding $225,000,000 to the City of |
Chicago; |
26.8% of annual adjusted gross receipts in excess of
|
$225,000,000 but not exceeding $1,000,000,000 to the State |
and 23.2% of annual adjusted gross receipts in excess of |
|
$225,000,000 but not exceeding $1,000,000,000 to the City |
of Chicago; |
40% of annual adjusted gross receipts in excess of |
$1,000,000,000 to the State and 34.7% of annual gross |
receipts in excess of $1,000,000,000 to the City of |
Chicago. |
The privilege tax for table games shall be at the |
following rates: |
8.1% of annual adjusted gross receipts up to and |
including $25,000,000 to the State and 6.9% of annual |
adjusted gross receipts up to and including $25,000,000 to |
the City of Chicago; |
10.7% of annual adjusted gross receipts in excess of |
$25,000,000 but not exceeding $75,000,000 to the State and |
9.3% of annual adjusted gross receipts in excess of |
$25,000,000 but not exceeding $75,000,000 to the City of |
Chicago; |
11.2% of annual adjusted gross receipts in excess of |
$75,000,000 but not exceeding $175,000,000 to the State |
and 9.8% of annual adjusted gross receipts in excess of |
$75,000,000 but not exceeding $175,000,000 to the City of |
Chicago; |
13.5% of annual adjusted gross receipts in excess of |
$175,000,000 but not exceeding $225,000,000 to the State |
and 11.5% of annual adjusted gross receipts in excess of |
$175,000,000 but not exceeding $225,000,000 to the City of |
|
Chicago; |
15.1% of annual adjusted gross receipts in excess of |
$225,000,000 but not exceeding $275,000,000 to the State |
and 12.9% of annual adjusted gross receipts in excess of |
$225,000,000 but not exceeding $275,000,000 to the City of |
Chicago; |
16.2% of annual adjusted gross receipts in excess of |
$275,000,000 but not exceeding $375,000,000 to the State |
and 13.8% of annual adjusted gross receipts in excess of |
$275,000,000 but not exceeding $375,000,000 to the City of |
Chicago; |
18.9% of annual adjusted gross receipts in excess of |
$375,000,000 to the State and 16.1% of annual gross |
receipts in excess of $375,000,000 to the City of Chicago. |
For the imposition of the privilege tax in this subsection |
(a-5), amounts paid pursuant to item (1) of subsection (b) of |
Section 56 of the Illinois Horse Racing Act of 1975 shall not |
be included in the determination of adjusted gross receipts. |
Notwithstanding the provisions of this subsection (a-5), |
for the first 10 years that the privilege tax is imposed under |
this subsection (a-5), the privilege tax shall be imposed on |
the modified annual adjusted gross receipts of a riverboat or |
casino conducting gambling operations in the City of East St. |
Louis, unless: |
(1) the riverboat or casino fails to employ at least |
450 people, except no minimum employment shall be required |
|
during 2020 and 2021 or during periods that the riverboat |
or casino is closed on orders of State officials for |
public health emergencies or other emergencies not caused |
by the riverboat or casino; |
(2) the riverboat or casino fails to maintain |
operations in a manner consistent with this Act or is not a |
viable riverboat or casino subject to the approval of the |
Board; or |
(3) the owners licensee is not an entity in which |
employees participate in an employee stock ownership plan |
or in which the owners licensee sponsors a 401(k) |
retirement plan and makes a matching employer contribution |
equal to at least one-quarter of the first 12% or one-half |
of the first 6% of each participating employee's |
contribution, not to exceed any limitations under federal |
laws and regulations. |
As used in this subsection (a-5), "modified annual |
adjusted gross receipts" means: |
(A) for calendar year 2020, the annual adjusted gross |
receipts for the current year minus the difference between |
an amount equal to the average annual adjusted gross |
receipts from a riverboat or casino conducting gambling |
operations in the City of East St. Louis for 2014, 2015, |
2016, 2017, and 2018 and the annual adjusted gross |
receipts for 2018; |
(B) for calendar year 2021, the annual adjusted gross |
|
receipts for the current year minus the difference between |
an amount equal to the average annual adjusted gross |
receipts from a riverboat or casino conducting gambling |
operations in the City of East St. Louis for 2014, 2015, |
2016, 2017, and 2018 and the annual adjusted gross |
receipts for 2019; and |
(C) for calendar years 2022 through 2029, the annual |
adjusted gross receipts for the current year minus the |
difference between an amount equal to the average annual |
adjusted gross receipts from a riverboat or casino |
conducting gambling operations in the City of East St. |
Louis for 3 years preceding the current year and the |
annual adjusted gross receipts for the immediately |
preceding year. |
(a-6) From June 28, 2019 (the effective date of Public Act |
101-31) until June 30, 2023, an owners licensee that conducted |
gambling operations prior to January 1, 2011 shall receive a |
dollar-for-dollar credit against the tax imposed under this |
Section for any renovation or construction costs paid by the |
owners licensee, but in no event shall the credit exceed |
$2,000,000. |
Additionally, from June 28, 2019 (the effective date of |
Public Act 101-31) until December 31, 2024 2022 , an owners |
licensee that (i) is located within 15 miles of the Missouri |
border, and (ii) has at least 3 riverboats, casinos, or their |
equivalent within a 45-mile radius, may be authorized to |
|
relocate to a new location with the approval of both the unit |
of local government designated as the home dock and the Board, |
so long as the new location is within the same unit of local |
government and no more than 3 miles away from its original |
location. Such owners licensee shall receive a credit against |
the tax imposed under this Section equal to 8% of the total |
project costs, as approved by the Board, for any renovation or |
construction costs paid by the owners licensee for the |
construction of the new facility, provided that the new |
facility is operational by July 1, 2024 2022 . In determining |
whether or not to approve a relocation, the Board must |
consider the extent to which the relocation will diminish the |
gaming revenues received by other Illinois gaming facilities. |
(a-7) Beginning in the initial adjustment year and through |
the final adjustment year, if the total obligation imposed |
pursuant to either subsection (a-5) or (a-6) will result in an |
owners licensee receiving less after-tax adjusted gross |
receipts than it received in calendar year 2018, then the |
total amount of privilege taxes that the owners licensee is |
required to pay for that calendar year shall be reduced to the |
extent necessary so that the after-tax adjusted gross receipts |
in that calendar year equals the after-tax adjusted gross |
receipts in calendar year 2018, but the privilege tax |
reduction shall not exceed the annual adjustment cap. If |
pursuant to this subsection (a-7), the total obligation |
imposed pursuant to either subsection (a-5) or (a-6) shall be |
|
reduced, then the owners licensee shall not receive a refund |
from the State at the end of the subject calendar year but |
instead shall be able to apply that amount as a credit against |
any payments it owes to the State in the following calendar |
year to satisfy its total obligation under either subsection |
(a-5) or (a-6). The credit for the final adjustment year shall |
occur in the calendar year following the final adjustment |
year. |
If an owners licensee that conducted gambling operations |
prior to January 1, 2019 expands its riverboat or casino, |
including, but not limited to, with respect to its gaming |
floor, additional non-gaming amenities such as restaurants, |
bars, and hotels and other additional facilities, and incurs |
construction and other costs related to such expansion from |
June 28, 2019 (the effective date of Public Act 101-31) until |
June 28, 2024 (the 5th anniversary of the effective date of |
Public Act 101-31), then for each $15,000,000 spent for any |
such construction or other costs related to expansion paid by |
the owners licensee, the final adjustment year shall be |
extended by one year and the annual adjustment cap shall |
increase by 0.2% of adjusted gross receipts during each |
calendar year until and including the final adjustment year. |
No further modifications to the final adjustment year or |
annual adjustment cap shall be made after $75,000,000 is |
incurred in construction or other costs related to expansion |
so that the final adjustment year shall not extend beyond the |
|
9th calendar year after the initial adjustment year, not |
including the initial adjustment year, and the annual |
adjustment cap shall not exceed 4% of adjusted gross receipts |
in a particular calendar year. Construction and other costs |
related to expansion shall include all project related costs, |
including, but not limited to, all hard and soft costs, |
financing costs, on or off-site ground, road or utility work, |
cost of gaming equipment and all other personal property, |
initial fees assessed for each incremental gaming position, |
and the cost of incremental land acquired for such expansion. |
Soft costs shall include, but not be limited to, legal fees, |
architect, engineering and design costs, other consultant |
costs, insurance cost, permitting costs, and pre-opening costs |
related to the expansion, including, but not limited to, any |
of the following: marketing, real estate taxes, personnel, |
training, travel and out-of-pocket expenses, supply, |
inventory, and other costs, and any other project related soft |
costs. |
To be eligible for the tax credits in subsection (a-6), |
all construction contracts shall include a requirement that |
the contractor enter into a project labor agreement with the |
building and construction trades council with geographic |
jurisdiction of the location of the proposed gaming facility. |
Notwithstanding any other provision of this subsection |
(a-7), this subsection (a-7) does not apply to an owners |
licensee unless such owners licensee spends at least |
|
$15,000,000 on construction and other costs related to its |
expansion, excluding the initial fees assessed for each |
incremental gaming position. |
This subsection (a-7) does not apply to owners licensees
|
authorized pursuant to subsection (e-5) of Section 7 of this
|
Act. |
For purposes of this subsection (a-7): |
"Building and construction trades council" means any |
organization representing multiple construction entities that |
are monitoring or attentive to compliance with public or |
workers' safety laws, wage and hour requirements, or other |
statutory requirements or that are making or maintaining |
collective bargaining agreements. |
"Initial adjustment year" means the year commencing on |
January 1 of the calendar year immediately following the |
earlier of the following: |
(1) the commencement of gambling operations, either in |
a temporary or permanent facility, with respect to the |
owners license authorized under paragraph (1) of |
subsection (e-5) of Section 7 of this Act; or |
(2) June 28, 2021 (24 months after the effective date |
of Public Act 101-31); |
provided the initial adjustment year shall not commence |
earlier than June 28, 2020 (12 months after the effective date |
of Public Act 101-31). |
"Final adjustment year" means the 2nd calendar year after |
|
the initial adjustment year, not including the initial |
adjustment year, and as may be extended further as described |
in this subsection (a-7). |
"Annual adjustment cap" means 3% of adjusted gross |
receipts in a particular calendar year, and as may be |
increased further as otherwise described in this subsection |
(a-7). |
(a-8) Riverboat gambling operations conducted by a |
licensed manager on
behalf of the State are not subject to the |
tax imposed under this Section.
|
(a-9) Beginning on January 1, 2020, the calculation of |
gross receipts or adjusted gross receipts, for the purposes of |
this Section, for a riverboat, a casino, or an organization |
gaming facility shall not include the dollar amount of |
non-cashable vouchers, coupons, and electronic promotions |
redeemed by wagerers upon the riverboat, in the casino, or in |
the organization gaming facility up to and including an amount |
not to exceed 20% of a riverboat's, a casino's, or an |
organization gaming facility's adjusted gross receipts. |
The Illinois Gaming Board shall submit to the General |
Assembly a comprehensive report no later than March 31, 2023 |
detailing, at a minimum, the effect of removing non-cashable |
vouchers, coupons, and electronic promotions from this |
calculation on net gaming revenues to the State in calendar |
years 2020 through 2022, the increase or reduction in wagerers |
as a result of removing non-cashable vouchers, coupons, and |
|
electronic promotions from this calculation, the effect of the |
tax rates in subsection (a-5) on net gaming revenues to this |
State, and proposed modifications to the calculation. |
(a-10) The taxes imposed by this Section shall be paid by |
the licensed
owner or the organization gaming licensee to the |
Board not later than 5:00 o'clock p.m. of the day after the day
|
when the wagers were made.
|
(a-15) If the privilege tax imposed under subsection (a-3) |
is no longer imposed pursuant to item (i) of the last paragraph |
of subsection (a-3), then by June 15 of each year, each owners |
licensee, other than an owners licensee that admitted |
1,000,000 persons or
fewer in calendar year 2004, must, in |
addition to the payment of all amounts otherwise due under |
this Section, pay to the Board a reconciliation payment in the |
amount, if any, by which the licensed owner's base amount |
exceeds the amount of net privilege tax paid by the licensed |
owner to the Board in the then current State fiscal year. A |
licensed owner's net privilege tax obligation due for the |
balance of the State fiscal year shall be reduced up to the |
total of the amount paid by the licensed owner in its June 15 |
reconciliation payment. The obligation imposed by this |
subsection (a-15) is binding on any person, firm, corporation, |
or other entity that acquires an ownership interest in any |
such owners license. The obligation imposed under this |
subsection (a-15) terminates on the earliest of: (i) July 1, |
2007, (ii) the first day after August 23, 2005 (the effective |
|
date of Public Act 94-673) that riverboat gambling operations |
are conducted pursuant to a dormant license, (iii) the first |
day that riverboat gambling operations are conducted under the |
authority of an owners license that is in addition to the 10 |
owners licenses initially authorized under this Act, or (iv) |
the first day that a licensee under the Illinois Horse Racing |
Act of 1975 conducts gaming operations with slot machines or |
other electronic gaming devices. The Board must reduce the |
obligation imposed under this subsection (a-15) by an amount |
the Board deems reasonable for any of the following reasons: |
(A) an act or acts of God, (B) an act of bioterrorism or |
terrorism or a bioterrorism or terrorism threat that was |
investigated by a law enforcement agency, or (C) a condition |
beyond the control of the owners licensee that does not result |
from any act or omission by the owners licensee or any of its |
agents and that poses a hazardous threat to the health and |
safety of patrons. If an owners licensee pays an amount in |
excess of its liability under this Section, the Board shall |
apply the overpayment to future payments required under this |
Section. |
For purposes of this subsection (a-15): |
"Act of God" means an incident caused by the operation of |
an extraordinary force that cannot be foreseen, that cannot be |
avoided by the exercise of due care, and for which no person |
can be held liable.
|
"Base amount" means the following: |
|
For a riverboat in Alton, $31,000,000.
|
For a riverboat in East Peoria, $43,000,000.
|
For the Empress riverboat in Joliet, $86,000,000.
|
For a riverboat in Metropolis, $45,000,000.
|
For the Harrah's riverboat in Joliet, $114,000,000.
|
For a riverboat in Aurora, $86,000,000.
|
For a riverboat in East St. Louis, $48,500,000.
|
For a riverboat in Elgin, $198,000,000.
|
"Dormant license" has the meaning ascribed to it in |
subsection (a-3).
|
"Net privilege tax" means all privilege taxes paid by a |
licensed owner to the Board under this Section, less all |
payments made from the State Gaming Fund pursuant to |
subsection (b) of this Section. |
The changes made to this subsection (a-15) by Public Act |
94-839 are intended to restate and clarify the intent of |
Public Act 94-673 with respect to the amount of the payments |
required to be made under this subsection by an owners |
licensee to the Board.
|
(b) From the tax revenue from riverboat or casino gambling
|
deposited in the State Gaming Fund under this Section, an |
amount equal to 5% of
adjusted gross receipts generated by a |
riverboat or a casino, other than a riverboat or casino |
designated in paragraph (1), (3), or (4) of subsection (e-5) |
of Section 7, shall be paid monthly, subject
to appropriation |
by the General Assembly, to the unit of local government in |
|
which the casino is located or that
is designated as the home |
dock of the riverboat. Notwithstanding anything to the |
contrary, beginning on the first day that an owners licensee |
under paragraph (1), (2), (3), (4), (5), or (6) of subsection |
(e-5) of Section 7 conducts gambling operations, either in a |
temporary facility or a permanent facility, and for 2 years |
thereafter, a unit of local government designated as the home |
dock of a riverboat whose license was issued before January 1, |
2019, other than a riverboat conducting gambling operations in |
the City of East St. Louis, shall not receive less under this |
subsection (b) than the amount the unit of local government |
received under this subsection (b) in calendar year 2018. |
Notwithstanding anything to the contrary and because the City |
of East St. Louis is a financially distressed city, beginning |
on the first day that an owners licensee under paragraph (1), |
(2), (3), (4), (5), or (6) of subsection (e-5) of Section 7 |
conducts gambling operations, either in a temporary facility |
or a permanent facility, and for 10 years thereafter, a unit of |
local government designated as the home dock of a riverboat |
conducting gambling operations in the City of East St. Louis |
shall not receive less under this subsection (b) than the |
amount the unit of local government received under this |
subsection (b) in calendar year 2018. |
From the tax revenue
deposited in the State Gaming Fund |
pursuant to riverboat or casino gambling operations
conducted |
by a licensed manager on behalf of the State, an amount equal |
|
to 5%
of adjusted gross receipts generated pursuant to those |
riverboat or casino gambling
operations shall be paid monthly,
|
subject to appropriation by the General Assembly, to the unit |
of local
government that is designated as the home dock of the |
riverboat upon which
those riverboat gambling operations are |
conducted or in which the casino is located. |
From the tax revenue from riverboat or casino gambling |
deposited in the State Gaming Fund under this Section, an |
amount equal to 5% of the adjusted gross receipts generated by |
a riverboat designated in paragraph (3) of subsection (e-5) of |
Section 7 shall be divided and remitted monthly, subject to |
appropriation, as follows: 70% to Waukegan, 10% to Park City, |
15% to North Chicago, and 5% to Lake County. |
From the tax revenue from riverboat or casino gambling |
deposited in the State Gaming Fund under this Section, an |
amount equal to 5% of the adjusted gross receipts generated by |
a riverboat designated in paragraph (4) of subsection (e-5) of |
Section 7 shall be remitted monthly, subject to appropriation, |
as follows: 70% to the City of Rockford, 5% to the City of |
Loves Park, 5% to the Village of Machesney, and 20% to |
Winnebago County. |
From the tax revenue from riverboat or casino gambling |
deposited in the State Gaming Fund under this Section, an |
amount equal to 5% of the adjusted gross receipts generated by |
a riverboat designated in paragraph (5) of subsection (e-5) of |
Section 7 shall be remitted monthly, subject to appropriation, |
|
as follows: 2% to the unit of local government in which the |
riverboat or casino is located, and 3% shall be distributed: |
(A) in accordance with a regional capital development plan |
entered into by the following communities: Village of Beecher, |
City of Blue Island, Village of Burnham, City of Calumet City, |
Village of Calumet Park, City of Chicago Heights, City of |
Country Club Hills, Village of Crestwood, Village of Crete, |
Village of Dixmoor, Village of Dolton, Village of East Hazel |
Crest, Village of Flossmoor, Village of Ford Heights, Village |
of Glenwood, City of Harvey, Village of Hazel Crest, Village |
of Homewood, Village of Lansing, Village of Lynwood, City of |
Markham, Village of Matteson, Village of Midlothian, Village |
of Monee, City of Oak Forest, Village of Olympia Fields, |
Village of Orland Hills, Village of Orland Park, City of Palos |
Heights, Village of Park Forest, Village of Phoenix, Village |
of Posen, Village of Richton Park, Village of Riverdale, |
Village of Robbins, Village of Sauk Village, Village of South |
Chicago Heights, Village of South Holland, Village of Steger, |
Village of Thornton, Village of Tinley Park, Village of |
University Park, and Village of Worth; or (B) if no regional |
capital development plan exists, equally among the communities |
listed in item (A) to be used for capital expenditures or |
public pension payments, or both. |
Units of local government may refund any portion of the |
payment that they receive pursuant to this subsection (b) to |
the riverboat or casino.
|
|
(b-4) Beginning on the first day the licensee under |
paragraph (5) of subsection (e-5) of Section 7 conducts |
gambling operations, either in a temporary facility or a |
permanent facility, and ending on July 31, 2042, from the tax |
revenue deposited in the State Gaming Fund under this Section, |
$5,000,000 shall be paid annually, subject
to appropriation, |
to the host municipality of that owners licensee of a license |
issued or re-issued pursuant to Section
7.1 of this Act before |
January 1, 2012. Payments received by the host municipality |
pursuant to this subsection (b-4) may not be shared with any |
other unit of local government. |
(b-5) Beginning on June 28, 2019 (the effective date of |
Public Act 101-31), from the tax revenue
deposited in the |
State Gaming Fund under this Section, an amount equal to 3% of
|
adjusted gross receipts generated by each organization gaming |
facility located outside Madison County shall be paid monthly, |
subject
to appropriation by the General Assembly, to a |
municipality other than the Village of Stickney in which each |
organization gaming facility is located or, if the |
organization gaming facility is not located within a |
municipality, to the county in which the organization gaming |
facility is located, except as otherwise provided in this |
Section. From the tax revenue deposited in the State Gaming |
Fund under this Section, an amount equal to 3% of adjusted |
gross receipts generated by an organization gaming facility |
located in the Village of Stickney shall be paid monthly, |
|
subject to appropriation by the General Assembly, as follows: |
25% to the Village of Stickney, 5% to the City of Berwyn, 50% |
to the Town of Cicero, and 20% to the Stickney Public Health |
District. |
From the tax revenue deposited in the State Gaming Fund |
under this Section, an amount equal to 5% of adjusted gross |
receipts generated by an organization gaming facility located |
in the City of Collinsville shall be paid monthly, subject to |
appropriation by the General Assembly, as follows: 30% to the |
City of Alton, 30% to the City of East St. Louis, and 40% to |
the City of Collinsville. |
Municipalities and counties may refund any portion of the |
payment that they receive pursuant to this subsection (b-5) to |
the organization gaming facility. |
(b-6) Beginning on June 28, 2019 (the effective date of |
Public Act 101-31), from the tax revenue deposited in the |
State Gaming Fund under this Section, an amount equal to 2% of |
adjusted gross receipts generated by an organization gaming |
facility located outside Madison County shall be paid monthly, |
subject to appropriation by the General Assembly, to the |
county in which the organization gaming facility is located |
for the purposes of its criminal justice system or health care |
system. |
Counties may refund any portion of the payment that they |
receive pursuant to this subsection (b-6) to the organization |
gaming facility. |
|
(b-7) From the tax revenue from the organization gaming |
licensee located in one of the following townships of Cook |
County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or |
Worth, an amount equal to 5% of the adjusted gross receipts |
generated by that organization gaming licensee shall be |
remitted monthly, subject to appropriation, as follows: 2% to |
the unit of local government in which the organization gaming |
licensee is located, and 3% shall be distributed: (A) in |
accordance with a regional capital development plan entered |
into by the following communities: Village of Beecher, City of |
Blue Island, Village of Burnham, City of Calumet City, Village |
of Calumet Park, City of Chicago Heights, City of Country Club |
Hills, Village of Crestwood, Village of Crete, Village of |
Dixmoor, Village of Dolton, Village of East Hazel Crest, |
Village of Flossmoor, Village of Ford Heights, Village of |
Glenwood, City of Harvey, Village of Hazel Crest, Village of |
Homewood, Village of Lansing, Village of Lynwood, City of |
Markham, Village of Matteson, Village of Midlothian, Village |
of Monee, City of Oak Forest, Village of Olympia Fields, |
Village of Orland Hills, Village of Orland Park, City of Palos |
Heights, Village of Park Forest, Village of Phoenix, Village |
of Posen, Village of Richton Park, Village of Riverdale, |
Village of Robbins, Village of Sauk Village, Village of South |
Chicago Heights, Village of South Holland, Village of Steger, |
Village of Thornton, Village of Tinley Park, Village of |
University Park, and Village of Worth; or (B) if no regional |
|
capital development plan exists, equally among the communities |
listed in item (A) to be used for capital expenditures or |
public pension payments, or both. |
(b-8) In lieu of the payments under subsection (b) of this |
Section, from the tax revenue deposited in the State Gaming
|
Fund pursuant to riverboat or casino gambling operations |
conducted by an owners licensee
under paragraph (1) of |
subsection (e-5) of Section 7, an amount equal to the tax |
revenue
generated from the privilege tax imposed by paragraph |
(2) of subsection (a-5) that is to be
paid to the City of |
Chicago shall be paid monthly, subject
to appropriation by the |
General Assembly, as follows: (1) an amount equal to 0.5% of |
the annual adjusted gross receipts
generated by the owners |
licensee under paragraph (1) of subsection (e-5) of Section 7 |
to the home rule county in which the owners licensee is located |
for the purpose of enhancing
the county's criminal justice |
system; and (2) the balance to the City of Chicago and shall be |
expended or obligated by the City of Chicago for pension |
payments in accordance with Public Act 99-506. |
(c) Appropriations, as approved by the General Assembly, |
may be made
from the State Gaming Fund to the Board (i) for the |
administration and enforcement of this Act and the Video |
Gaming Act, (ii) for distribution to the Illinois State Police |
and to the Department of Revenue for the enforcement of this |
Act and the Video Gaming Act, and (iii) to the
Department of |
Human Services for the administration of programs to treat
|
|
problem gambling, including problem gambling from sports |
wagering. The Board's annual appropriations request must |
separately state its funding needs for the regulation of |
gaming authorized under Section 7.7, riverboat gaming, casino |
gaming, video gaming, and sports wagering.
|
(c-2) An amount equal to 2% of the adjusted gross receipts |
generated by an organization gaming facility located within a |
home rule county with a population of over 3,000,000 |
inhabitants shall be paid, subject to appropriation
from the |
General Assembly, from the State Gaming Fund to the home rule
|
county in which the organization gaming licensee is located |
for the purpose of
enhancing the county's criminal justice |
system. |
(c-3) Appropriations, as approved by the General Assembly, |
may be made from the tax revenue deposited into the State |
Gaming Fund from organization gaming licensees pursuant to |
this Section for the administration and enforcement of this |
Act.
|
(c-4) After payments required under subsections (b), |
(b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from |
the tax revenue from organization gaming licensees deposited |
into the State Gaming Fund under this Section, all remaining |
amounts from organization gaming licensees shall be |
transferred into the Capital Projects Fund. |
(c-5) (Blank).
|
(c-10) Each year the General Assembly shall appropriate |
|
from the General
Revenue Fund to the Education Assistance Fund |
an amount equal to the amount
paid into the Horse Racing Equity |
Fund pursuant to subsection (c-5) in the
prior calendar year.
|
(c-15) After the payments required under subsections (b), |
(c), and (c-5)
have been made, an amount equal to 2% of the |
adjusted gross receipts of (1)
an owners licensee that |
relocates pursuant to Section 11.2, (2) an owners
licensee |
conducting riverboat gambling operations pursuant to
an
owners |
license that is initially issued after June 25, 1999,
or (3) |
the first
riverboat gambling operations conducted by a |
licensed manager on behalf of the
State under Section 7.3,
|
whichever comes first, shall be paid, subject to appropriation
|
from the General Assembly, from the State Gaming Fund to each |
home rule
county with a population of over 3,000,000 |
inhabitants for the purpose of
enhancing the county's criminal |
justice system.
|
(c-20) Each year the General Assembly shall appropriate |
from the General
Revenue Fund to the Education Assistance Fund |
an amount equal to the amount
paid to each home rule county |
with a population of over 3,000,000 inhabitants
pursuant to |
subsection (c-15) in the prior calendar year.
|
(c-21) After the payments required under subsections (b), |
(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have |
been made, an amount equal to 0.5% of the adjusted gross |
receipts generated by the owners licensee under paragraph (1) |
of subsection (e-5) of Section 7 shall be paid monthly, |
|
subject to appropriation
from the General Assembly, from the |
State Gaming Fund to the home rule
county in which the owners |
licensee is located for the purpose of
enhancing the county's |
criminal justice system. |
(c-22) After the payments required under subsections (b), |
(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and |
(c-21) have been made, an amount equal to 2% of the adjusted |
gross receipts generated by the owners licensee under |
paragraph (5) of subsection (e-5) of Section 7 shall be paid, |
subject to appropriation
from the General Assembly, from the |
State Gaming Fund to the home rule
county in which the owners |
licensee is located for the purpose of
enhancing the county's |
criminal justice system. |
(c-25) From July 1, 2013 and each July 1 thereafter |
through July 1, 2019, $1,600,000 shall be transferred from the |
State Gaming Fund to the Chicago State University Education |
Improvement Fund.
|
On July 1, 2020 and each July 1 thereafter, $3,000,000 |
shall be transferred from the State Gaming Fund to the Chicago |
State University Education Improvement Fund. |
(c-30) On July 1, 2013 or as soon as possible thereafter, |
$92,000,000 shall be transferred from the State Gaming Fund to |
the School Infrastructure Fund and $23,000,000 shall be |
transferred from the State Gaming Fund to the Horse Racing |
Equity Fund. |
(c-35) Beginning on July 1, 2013, in addition to any |
|
amount transferred under subsection (c-30) of this Section, |
$5,530,000 shall be transferred monthly from the State Gaming |
Fund to the School Infrastructure Fund. |
(d) From time to time, through June 30, 2021, the
Board |
shall transfer the remainder of the funds
generated by this |
Act into the Education
Assistance Fund.
|
(d-5) Beginning on July 1, 2021, on the last day of each |
month, or as soon thereafter as possible, after all the |
required expenditures, distributions, and transfers have been |
made from the State Gaming Fund for the month pursuant to |
subsections (b) through (c-35), at the direction of the Board, |
the Comptroller shall direct and the Treasurer shall transfer |
$22,500,000, along with any deficiencies in such amounts from |
prior months in the same fiscal year, from the State Gaming |
Fund to the Education Assistance Fund; then, at the direction |
of the Board, the Comptroller shall direct and the Treasurer |
shall transfer the remainder of the funds generated by this |
Act, if any, from the State Gaming Fund to the Capital Projects |
Fund. |
(e) Nothing in this Act shall prohibit the unit of local |
government
designated as the home dock of the riverboat from |
entering into agreements
with other units of local government |
in this State or in other states to
share its portion of the |
tax revenue.
|
(f) To the extent practicable, the Board shall administer |
and collect the
wagering taxes imposed by this Section in a |
|
manner consistent with the
provisions of Sections 4, 5, 5a, |
5b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b,
6c, 8, 9, and 10 of |
the Retailers' Occupation Tax Act and Section 3-7 of the
|
Uniform Penalty and Interest Act.
|
(Source: P.A. 101-31, Article 25, Section 25-910, eff. |
6-28-19; 101-31, Article 35, Section 35-55, eff. 6-28-19; |
101-648, eff. 6-30-20; 102-16, eff. 6-17-21; 102-538, eff. |
8-20-21; 102-689, eff. 12-17-21.)
|
Section 5-98. The Illinois Public Aid Code is amended by |
changing Sections 5-5.01a and 5-5.7a and by adding Sections |
5-5.7b and 12-4.56 as follows:
|
(305 ILCS 5/5-5.01a)
|
Sec. 5-5.01a. Supportive living facilities program. |
(a) The
Department shall establish and provide oversight |
for a program of supportive living facilities that seek to |
promote
resident independence, dignity, respect, and |
well-being in the most
cost-effective manner.
|
A supportive living facility is (i) a free-standing |
facility or (ii) a distinct
physical and operational entity |
within a mixed-use building that meets the criteria |
established in subsection (d). A supportive
living facility |
integrates housing with health, personal care, and supportive
|
services and is a designated setting that offers residents |
their own
separate, private, and distinct living units.
|
|
Sites for the operation of the program
shall be selected |
by the Department based upon criteria
that may include the |
need for services in a geographic area, the
availability of |
funding, and the site's ability to meet the standards.
|
(b) Beginning July 1, 2014, subject to federal approval, |
the Medicaid rates for supportive living facilities shall be |
equal to the supportive living facility Medicaid rate |
effective on June 30, 2014 increased by 8.85%.
Once the |
assessment imposed at Article V-G of this Code is determined |
to be a permissible tax under Title XIX of the Social Security |
Act, the Department shall increase the Medicaid rates for |
supportive living facilities effective on July 1, 2014 by |
9.09%. The Department shall apply this increase retroactively |
to coincide with the imposition of the assessment in Article |
V-G of this Code in accordance with the approval for federal |
financial participation by the Centers for Medicare and |
Medicaid Services. |
The Medicaid rates for supportive living facilities |
effective on July 1, 2017 must be equal to the rates in effect |
for supportive living facilities on June 30, 2017 increased by |
2.8%. |
The Medicaid rates for supportive living facilities |
effective on July 1, 2018 must be equal to the rates in effect |
for supportive living facilities on June 30, 2018. |
Subject to federal approval, the Medicaid rates for |
supportive living services on and after July 1, 2019 must be at |
|
least 54.3% of the average total nursing facility services per |
diem for the geographic areas defined by the Department while |
maintaining the rate differential for dementia care and must |
be updated whenever the total nursing facility service per |
diems are updated. Beginning July 1, 2022, upon the |
implementation of the Patient Driven Payment Model, Medicaid |
rates for supportive living services must be at least 54.3% of |
the average total nursing services per diem rate for the |
geographic areas. For purposes of this provision, the average |
total nursing services per diem rate shall include all add-ons |
for nursing facilities for the geographic area provided for in |
Section 5-5.2. The rate differential for dementia care must be |
maintained in these rates and the rates shall be updated |
whenever nursing facility per diem rates are updated. |
(c) The Department may adopt rules to implement this |
Section. Rules that
establish or modify the services, |
standards, and conditions for participation
in the program |
shall be adopted by the Department in consultation
with the |
Department on Aging, the Department of Rehabilitation |
Services, and
the Department of Mental Health and |
Developmental Disabilities (or their
successor agencies).
|
(d) Subject to federal approval by the Centers for |
Medicare and Medicaid Services, the Department shall accept |
for consideration of certification under the program any |
application for a site or building where distinct parts of the |
site or building are designated for purposes other than the |
|
provision of supportive living services, but only if: |
(1) those distinct parts of the site or building are |
not designated for the purpose of providing assisted |
living services as required under the Assisted Living and |
Shared Housing Act; |
(2) those distinct parts of the site or building are |
completely separate from the part of the building used for |
the provision of supportive living program services, |
including separate entrances; |
(3) those distinct parts of the site or building do |
not share any common spaces with the part of the building |
used for the provision of supportive living program |
services; and |
(4) those distinct parts of the site or building do |
not share staffing with the part of the building used for |
the provision of supportive living program services. |
(e) Facilities or distinct parts of facilities which are |
selected as supportive
living facilities and are in good |
standing with the Department's rules are
exempt from the |
provisions of the Nursing Home Care Act and the Illinois |
Health
Facilities Planning Act.
|
(f) Section 9817 of the American Rescue Plan Act of 2021 |
(Public Law 117-2) authorizes a 10% enhanced federal medical |
assistance percentage for supportive living services for a |
12-month period from April 1, 2021 through March 31, 2022. |
Subject to federal approval, including the approval of any |
|
necessary waiver amendments or other federally required |
documents or assurances, for a 12-month period the Department |
must pay a supplemental $26 per diem rate to all supportive |
living facilities with the additional federal financial |
participation funds that result from the enhanced federal |
medical assistance percentage from April 1, 2021 through March |
31, 2022. The Department may issue parameters around how the |
supplemental payment should be spent, including quality |
improvement activities. The Department may alter the form, |
methods, or timeframes concerning the supplemental per diem |
rate to comply with any subsequent changes to federal law, |
changes made by guidance issued by the federal Centers for |
Medicare and Medicaid Services, or other changes necessary to |
receive the enhanced federal medical assistance percentage. |
(Source: P.A. 101-10, eff. 6-5-19; 102-43, eff. 7-6-21.)
|
(305 ILCS 5/5-5.7a) |
Sec. 5-5.7a. Pandemic related stability payments for |
health care providers. Notwithstanding other provisions of |
law, and in accordance with the Illinois Emergency Management |
Agency, the Department of Healthcare and Family Services shall |
develop a process to distribute pandemic related stability |
payments, from federal sources dedicated for such purposes, to |
health care providers that are providing care to recipients |
under the Medical Assistance Program. For provider types |
serving residents who are recipients of medical assistance |
|
under this Code and are funded by other State agencies, the |
Department will coordinate the distribution process of the |
pandemic related stability payments. Federal sources dedicated |
to pandemic related payments include, but are not limited to, |
funds distributed to the State of Illinois from the |
Coronavirus Relief Fund pursuant to the Coronavirus Aid, |
Relief, and Economic Security Act ("CARES Act") and from the |
Coronavirus State Fiscal Recovery Fund pursuant to Section |
9901 of the American Rescue Plan Act of 2021, that are |
appropriated to the Department during Fiscal Years 2020, 2021, |
and 2022 for purposes permitted by those federal laws and |
related federal guidance. |
(1) Pandemic related stability payments for these |
providers shall be separate and apart from any rate |
methodology otherwise defined in this Code to the extent |
permitted in accordance with Section 5001 of the CARES Act |
and Section 9901 of the American Rescue Plan Act of 2021 |
and any related federal guidance. |
(2) Payments made from moneys received from the |
Coronavirus Relief Fund shall be used exclusively for |
expenses incurred by the providers that are eligible for |
reimbursement from the Coronavirus Relief Fund in |
accordance with Section 5001 of the CARES Act and related |
federal guidance. Payments made from moneys received from |
the Coronavirus State Fiscal Recovery Fund shall be used |
exclusively for purposes permitted by Section 9901 of the |
|
American Rescue Plan Act of 2021 and related federal |
guidance. |
(3) All providers receiving pandemic related stability |
payments shall attest in a format to be created by the |
Department and be able to demonstrate that their expenses |
are pandemic related, were not part of their annual |
budgets established before March 1, 2020 , and are directly |
associated with health care needs . |
(4) Pandemic related stability payments will be |
distributed based on a schedule and framework to be |
established by the Department with recognition of the |
pandemic related acuity of the situation for each |
provider, taking into account the factors including, but |
not limited to, the following: |
(A) the impact of the pandemic on patients served, |
impact on staff, and shortages of the personal |
protective equipment necessary for infection control |
efforts for all providers; |
(B) COVID-19 positivity rates among staff, or |
patients, or both; |
(C) pandemic related workforce challenges and |
costs associated with temporary wage increases |
associated with pandemic related hazard pay programs, |
or costs associated with which providers do not have |
enough staff to adequately provide care and protection |
to the residents and other staff; |
|
(D) providers with significant reductions in |
utilization that result in corresponding reductions in |
revenue as a result of the pandemic, including, but |
not limited to, the cancellation or postponement of |
elective procedures and visits; |
(E) pandemic related payments received directly by |
the providers through other federal resources; |
(F) current efforts to respond to and provide |
services to communities disproportionately impacted by |
the COVID-19 public health emergency, including |
low-income and socially vulnerable communities that |
have seen the most severe health impacts and |
exacerbated health inequities along racial, ethnic, |
and socioeconomic lines; and |
(G) provider needs for capital improvements to |
existing facilities, including upgrades to HVAC and |
ventilation systems and capital improvements for |
enhancing infection control or reducing crowding, |
which may include bed-buybacks. |
(5) Pandemic related stability payments made from |
moneys received from the Coronavirus Relief Fund will be |
distributed to providers based on a methodology to be |
administered by the Department with amounts determined by |
a calculation of total federal pandemic related funds |
appropriated by the Illinois General Assembly for this |
purpose. Providers receiving the pandemic related |
|
stability payments will attest to their increased costs, |
declining revenues, and receipt of additional pandemic |
related funds directly from the federal government. |
(6) Of the payments provided for by this Section made |
from moneys received from the Coronavirus Relief Fund, a |
minimum of 30% shall be allotted for health care providers |
that serve the ZIP codes located in the most |
disproportionately impacted areas of Illinois, based on |
positive COVID-19 cases based on data collected by the |
Department of Public Health and provided to the Department |
of Healthcare and Family Services. |
(7) From funds appropriated, directly or indirectly, |
from moneys received by the State from the Coronavirus |
State Fiscal Recovery Fund for Fiscal Years 2021 and 2022, |
the Department shall expend such funds only for purposes |
permitted by Section 9901 of the American Rescue Plan Act |
of 2021 and related federal guidance. Such expenditures |
may include, but are not limited to: payments to providers |
for costs incurred due to the COVID-19 public health |
emergency; unreimbursed costs for testing and treatment of |
uninsured Illinois residents; costs of COVID-19 mitigation |
and prevention; medical expenses related to aftercare or |
extended care for COVID-19 patients with longer term |
symptoms and effects; costs of behavioral health care; |
costs of public health and safety staff; and expenditures |
permitted in order to address (i) disparities in public |
|
health outcomes, (ii) nursing and other essential health |
care workforce investments, (iii) exacerbation of |
pre-existing disparities, and (iv) promoting healthy |
childhood environments. |
(8) From funds appropriated, directly or indirectly, |
from moneys received by the State from the Coronavirus |
State Fiscal Recovery Fund for Fiscal Years 2022 and 2023, |
the Department shall establish a program for making |
payments to long term care service providers and |
facilities, for purposes related to financial support for |
workers in the long term care industry, but only as |
permitted by either the CARES Act or Section 9901 of the |
American Rescue Plan Act of 2021 and related federal |
guidance, including, but not limited to the following: |
monthly amounts of $25,000,000 per month for July 2021, |
August 2021, and September 2021 where at least 50% of the |
funds in July shall be passed directly to front line |
workers and an additional 12.5% more in each of the next 2 |
months; financial support programs for providers enhancing |
direct care staff recruitment efforts through the payment |
of education expenses; and financial support programs for |
providers offering enhanced and expanded training for all |
levels of the long term care healthcare workforce to |
achieve better patient outcomes, such as training on |
infection control, proper personal protective equipment, |
best practices in quality of care, and culturally |
|
competent patient communications. The Department shall |
have the authority to audit and potentially recoup funds |
not utilized as outlined and attested. |
(8.5) From funds appropriated, directly or indirectly, |
from moneys received by the State from the Coronavirus |
State Fiscal Recovery Fund, the Department shall establish |
a grant program to provide premium pay to front line |
workers at facilities licensed by the Department of Public |
Health under the Nursing Home Care Act as skilled nursing |
facilities or intermediate care facilities. |
(A) Awards pursuant to this program shall comply |
with the requirements of Section 9901 of the American |
Rescue Plan Act of 2021 and all related federal |
guidance. Awards shall be scaled based on a process |
determined by the Department. The amount awarded to |
each recipient shall not exceed $3.17 per nursing |
hour. Awards shall be for eligible expenditures |
incurred no earlier than May 1, 2022 and no later than |
June 30, 2023. |
(B) Financial assistance under this paragraph |
(8.5) shall be expended only for premium pay for |
eligible workers, which must be in addition to any |
wages or remuneration the eligible worker has already |
received and shall be subject to the other |
requirements and limitations set forth in the American |
Rescue Plan Act of 2021 and related federal guidance. |
|
(C) Upon receipt of funds, recipients shall |
distribute funds such that eligible workers receive an |
amount up to $13 per hour but no more than $25,000 for |
the duration of the program. Recipients shall provide |
a written certification to the Department |
acknowledging compliance with this paragraph. |
(D) No portion of these funds shall be spent on |
volunteer or temporary staff, and these funds shall |
not be used to make retroactive premium payments |
before the effective date of this amendatory Act of |
the 102nd General Assembly. |
(E) The Department shall require each recipient |
under this paragraph to submit appropriate |
documentation acknowledging compliance with State and |
federal law.
For purposes of this paragraph, "eligible |
worker" means a permanent staff member, regardless of |
union affiliation, of a facility licensed by the |
Department of Public Health under the Nursing Home |
Care Act as a skilled nursing facility or intermediate |
care facility engaged in "essential work", as defined |
by Section 9901 of the American Rescue Plan Act of 2021 |
and related federal guidance, and (1) whose total pay |
is below 150% of the average annual wage for all |
occupations in the worker's county of residence, as |
defined by the Bureau of Labor Statistics Occupational |
Employment and Wage Statistics, or (2) is not exempt |
|
from the federal Fair Labor Standards Act overtime |
provisions. |
(9) From funds appropriated, directly or indirectly, |
from moneys received by the State from the Coronavirus |
State Fiscal Recovery Fund for Fiscal Years 2022 through |
2024 the Department shall establish programs a program for |
making payments to facilities licensed under the Nursing |
Home Care Act and facilities licensed under the |
Specialized Mental Health Rehabilitation Act of 2013. To |
the extent permitted by Section 9901 of the American |
Rescue Plan Act of 2021 and related federal guidance, the |
programs program shall provide: |
(A) Payments provide payments for making permanent |
improvements to resident rooms in order to improve |
resident outcomes and infection control. Funds may be |
used to reduce bed capacity and room occupancy. To be |
eligible for funding, a facility must submit an |
application to the Department as prescribed by the |
Department and as published on its website. A facility |
may need to receive approval from the Health |
Facilities and Services Review Board for the permanent |
improvements or the removal of the beds before it can |
receive payment under this paragraph.
|
(B) Payments to reimburse facilities licensed by |
the Department of Public Health under the Nursing Home |
Care Act as skilled nursing facilities or intermediate |
|
care facilities for eligible expenses related to the |
public health impacts of the COVID-19 public health |
emergency, including, but not limited to, costs |
related to COVID-19 testing for residents, COVID-19 |
prevention and treatment equipment, medical supplies, |
and personal protective equipment. |
(i) Awards made pursuant to this program shall |
comply with the requirements of Section 9901 of |
the American Rescue Plan Act of 2021 and all |
related federal guidance. The amount awarded to |
each recipient shall not exceed $1.71 per nursing |
hour. Permissible expenditures must be made no |
earlier than May 1, 2022 and no later than June 30, |
2023. |
(ii) Financial assistance pursuant to this |
paragraph shall not be expended for premium pay. |
(iii) The Department shall require each |
recipient under this paragraph to submit |
appropriate documentation acknowledging |
compliance with State and federal law. |
(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; |
102-687, eff. 12-17-21.) |
(305 ILCS 5/5-5.7b new) |
Sec. 5-5.7b. Pandemic related stability payments to |
ambulance service providers in response to COVID-19. |
|
(a) Definitions. As used in this Section: |
"Ambulance Services Industry" means the industry that is |
comprised of "Qualifying Ground Ambulance Service Providers", |
as defined in this Section. |
"Qualifying Ground Ambulance Service Provider" means a |
"vehicle service provider," as that term is defined in Section |
3.85 of the Emergency Medical Services (EMS) Systems Act, |
which operates licensed ambulances for the purpose of |
providing emergency, non-emergency ambulance services, or both |
emergency and non-emergency ambulance services. The term |
"Qualifying Ground Ambulance Service Provider" is limited to |
ambulance and EMS agencies that are privately held and |
nonprofit organizations headquartered within the State and |
licensed by the Department of Public Health as of March 12, |
2020. |
"Eligible worker" means a staff member of a Qualifying |
Ground Ambulance Service Provider engaged in "essential work", |
as defined by Section 9901 of the ARPA and related federal |
guidance, and (1) whose total pay is below 150% of the average |
annual wage for all occupations in the worker's county of |
residence, as defined by the BLS Occupational Employment and |
Wage Statistics or (2) is not exempt from the federal Fair |
Labor Standards Act overtime provisions. |
(b) Purpose. The Department may receive federal funds |
under the authority of legislation passed in response to the |
Coronavirus epidemic, including, but not limited to, the |
|
American Rescue Plan Act of 2021, P.L. 117-2 (the "ARPA"). |
Upon receipt or availability of such State or federal funds, |
and subject to appropriations for their use, the Department |
shall establish and administer programs for purposes allowable |
under Section 9901 of the ARPA to provide financial assistance |
to Qualifying Ground Ambulance Service Providers for premium |
pay for eligible workers, to provide reimbursement for |
eligible expenditures, and to provide support following the |
negative economic impact of the COVID-19 public health |
emergency on the Ambulance Services Industry. Financial |
assistance may include, but is not limited to, grants, expense |
reimbursements, or subsidies. |
(c) Non-Emergency Service Certification. To be eligible |
for funding under this Section, a Qualifying Ground Ambulance |
Service Provider that provides non-emergency services to |
institutional residents must certify that it will provide |
non-emergency ambulance services to individuals enrolled in |
the State's Medical Assistance Program and residing in |
non-institutional settings for at least one year following the |
receipt of funding pursuant to this amendatory Act of the |
102nd General Assembly. The provider shall maintain the |
certification in its records. The provider shall also maintain |
documentation of all non-emergency ambulance services for the |
period covered by the certification. The provider shall |
produce the certification and supporting documentation upon |
demand by the Department or its representative. Failure to |
|
comply shall result in recovery of any payments made by the |
Department. |
(d) Premium Pay Initiative. Subject to paragraph (c) of |
this Section, the Department shall establish a Premium Pay |
Initiative to distribute awards to each Qualifying Ground |
Ambulance Service Provider for the purpose of providing |
premium pay to eligible workers. |
(1) Financial assistance pursuant to this paragraph |
(d) shall be scaled based on a process determined by the |
Department. The amount awarded to each Qualifying Ground |
Ambulance Service Provider shall be up to $13 per hour for |
each eligible worker employed. |
(2) The financial assistance awarded shall only be |
expended for premium pay for eligible workers, which must |
be in addition to any wages or remuneration the eligible |
worker has already received and shall be subject to the |
other requirements and limitations set forth in the ARPA |
and related federal guidance. |
(3) Upon receipt of funds, the Qualifying Ground |
Ambulance Service Provider shall distribute funds such |
that an eligible worker receives an amount up to $13 per |
hour but no more than $25,000 for the duration of the |
program. The Qualifying Ground Ambulance Service Provider |
shall provide a written certification to the Department |
acknowledging compliance with this paragraph (d). |
(4) No portion of these funds shall be spent on |
|
volunteer staff. |
(5) These funds shall not be used to make retroactive |
premium payments prior to the effective date of this |
amendatory Act of the 102nd General Assembly. |
(6) The Department shall require each Qualifying |
Ground Ambulance Service Provider that receives funds |
under this paragraph (d) to submit appropriate |
documentation acknowledging compliance with State and |
federal law on an annual basis. |
(e) COVID-19 Response Support Initiative. Subject to |
paragraph (c) of this Section and based on an application |
filed by a Qualifying Ground Ambulance Service Provider, the |
Department shall establish the Ground Ambulance COVID-19 |
Response Support Initiative. The purpose of the award shall be |
to reimburse Qualifying Ground Ambulance Service Providers for |
eligible expenses under Section 9901 of the ARPA related to |
the public health impacts of the COVID-19 public health |
emergency, including but not limited to costs related to |
COVID-19 testing for patients, COVID-19 prevention and |
treatment equipment, medical supplies, personal protective |
equipment, and other emergency medical response treatments. |
(1) The award shall be for eligible expenditures |
incurred no earlier than May 1, 2022 and no later than June |
30, 2023. |
(2) Funds awarded under this paragraph (e) shall not |
be expended for premium pay to eligible workers. |
|
(3) The Department shall require each Qualifying |
Ground Ambulance Service Provider that receives funds |
under this paragraph (e) to submit appropriate |
documentation acknowledging compliance with State and |
federal law on an annual basis. |
(f) Ambulance Industry Recovery Program. If the Department |
designates the Ambulance Services Industry as an "impacted |
industry", as defined by the ARPA and related federal |
guidance, the Department shall establish the Ambulance |
Industry Recovery Grant Program, to provide aid to Qualifying |
Ground Ambulance Service Providers that experienced staffing |
losses due to the COVID-19 public health emergency. |
(1) Funds awarded under this paragraph (f) shall not |
be expended for premium pay to eligible workers. |
(2) Each Qualifying Ground Ambulance Service Provider |
that receives funds under this paragraph (f) shall comply |
with paragraph (c) of this Section. |
(3) The Department shall require each Qualifying |
Ground Ambulance Service Provider that receives funds |
under this paragraph (f) to submit appropriate |
documentation acknowledging compliance with State and |
federal law on an annual basis. |
(305 ILCS 5/12-4.56 new) |
Sec. 12-4.56. Managed Primary Care Demonstration Project. |
The Department shall establish and implement a Managed Primary |
|
Care Demonstration Project to provide primary care services |
that are focused on preventive rather than curative care to |
persons who reside in underserved communities that lack |
accessible health and medical services. The demonstration |
project shall operate for a 5-year period and provide |
supplemental services to medical assistance recipients. The |
Department shall contract with a health care organization |
through a competitive process that is capable of providing |
patient-centered, prevention-focused services, that may |
include, but are not limited to, the following: |
(1) Patient navigators to manage patient care. |
(2) Patient-tailored preventive health care plans. |
(3) Administrative personal health care consultants
|
for home health maintenance between medical office visits. |
(4) Clinical personal health care consultants for
|
telehealth (health information and advice) and wellness |
initiatives. |
(5) A patient portal. |
(6) An online virtual health hub that provides
|
patients with access to wellness, self-guided education, |
health seminars, a video library, and additional health |
and wellness resources. |
(7) Community health and human services centers to
|
engage, educate, and empower patients to get involved in |
their own self-care. |
(8) Mobile preventive health stations and kiosks to
|
|
bring services to underserved communities that are health |
or medical deserts. |
(9) Call centers to interact with medical homes and
|
facilitate service offerings. |
A request for proposals for the demonstration project |
shall be issued by December 31, 2022. |
Section 5-100. The Energy Assistance Act is amended by |
changing Sections 3, 6, and 13 as follows:
|
(305 ILCS 20/3) (from Ch. 111 2/3, par. 1403)
|
Sec. 3. Definitions. As used in this Act, unless the |
context
otherwise requires:
|
The (a) the terms defined in Sections 3-101 through 3-121 |
of
the Public Utilities Act have the meanings ascribed to them |
in that
Act . ;
|
(b) "Department" means the Department of Commerce and |
Economic Opportunity . ;
|
"Energy conservation measure" means any measure installed |
in a dwelling that reduces energy consumption. |
"Energy (c) "energy provider" means any utility, municipal |
utility,
cooperative utility, or any other corporation or |
individual which provides
winter energy services . ;
|
"Healthy home measure" means any measure that is intended |
to keep a dwelling dry, clean, safe, well ventilated, pest |
free, contaminant free, maintained, or thermally controlled. |
|
"Home improvement measure" means any measure that is |
intended to make a dwelling weatherization-ready by |
alleviating deferrals from weatherization activities or |
allowing for the addition of renewable energy retrofits, or |
both. |
"Measure" means the installation of any equipment, device, |
or material in a dwelling. |
"Renewable energy retrofit" means any retrofit required |
for the use of energy from a solar photovoltaic, solar |
thermal, wind, or geothermal energy system. |
"Winter" (d) "winter" means the period from November 1 of |
any year through April
30 of the following year.
|
(Source: P.A. 95-331, eff. 8-21-07; 96-33, eff. 7-10-09; |
96-154, eff. 1-1-10.)
|
(305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)
|
Sec. 6. Eligibility, conditions of participation, and |
energy assistance.
|
(a) Any person who is a resident of the State of Illinois |
and whose
household income is not greater than an amount |
determined annually by the
Department, in consultation with |
the Policy Advisory Council, may
apply for assistance pursuant |
to this Act in accordance with regulations
promulgated by the |
Department. In setting the annual eligibility level, the
|
Department shall consider the amount of available funding and |
may not set a
limit higher than 150% of the federal nonfarm |
|
poverty level as established by
the federal Office of |
Management and Budget or 60% of the State median income for the |
current State fiscal year as established by the U.S. |
Department of Health and Human Services; except that for the |
period from the effective date of this amendatory Act of the |
101st General Assembly through June 30, 2021, the Department |
may establish limits not higher than 200% of that poverty |
level. The Department, in consultation with the Policy |
Advisory Council, may adjust the percentage of poverty level |
annually in accordance with federal guidelines and based on |
funding availability.
|
(b) Applicants who qualify for assistance pursuant to |
subsection (a) of
this Section shall, subject to appropriation |
from the General Assembly and
subject to availability of funds |
to the Department, receive energy
assistance as provided by |
this Act. The Department, upon receipt
of monies authorized |
pursuant to this Act for energy assistance, shall commit
funds |
for each qualified applicant in an amount determined by the
|
Department. In determining the amounts of assistance to be |
provided to or
on behalf of a qualified applicant, the |
Department shall ensure that the
highest amounts of assistance |
go to households with the greatest energy
costs in relation to |
household income. The Department shall include
factors such as |
energy costs, household size, household income, and region
of |
the State when determining individual household benefits. In |
setting
assistance levels, the Department shall attempt to |
|
provide assistance to
approximately the same number of |
households who participated in the 1991
Residential Energy |
Assistance Partnership Program. Such assistance levels
shall |
be adjusted annually on the basis of funding
availability and |
energy costs. In promulgating rules for the
administration of |
this
Section the Department shall assure that a minimum of 1/3 |
of funds
available for benefits to eligible households with |
the lowest incomes and that elderly households, households |
with children under the age of 6 years old, and households with |
persons with disabilities are offered a priority application
|
period.
|
(c) If the applicant is not a customer of record of an |
energy provider for
energy services or an applicant for such |
service, such applicant shall
receive a direct energy |
assistance payment in an amount established by the
Department |
for all such applicants under this Act; provided, however, |
that
such an applicant must have rental expenses for housing |
greater than 30% of
household income.
|
(c-1) This subsection shall apply only in cases where: (1) |
the applicant is not a customer of record of an energy provider |
because energy services are provided by the owner of the unit |
as a portion of the rent; (2) the applicant resides in housing |
subsidized or developed with funds provided under the Rental |
Housing Support Program Act or under a similar locally funded |
rent subsidy program, or is the voucher holder who resides in a |
rental unit within the State of Illinois and whose monthly |
|
rent is subsidized by the tenant-based Housing Choice Voucher |
Program under Section 8 of the U.S. Housing Act of 1937; and |
(3) the rental expenses for housing are no more than 30% of |
household income. In such cases, the household may apply for |
an energy assistance payment under this Act and the owner of |
the housing unit shall cooperate with the applicant by |
providing documentation of the energy costs for that unit. Any |
compensation paid to the energy provider who supplied energy |
services to the household shall be paid on behalf of the owner |
of the housing unit providing energy services to the |
household. The Department shall report annually to the General |
Assembly on the number of households receiving energy |
assistance under this subsection and the cost of such |
assistance. The provisions of this subsection (c-1), other |
than this sentence, are inoperative after August 31, 2012. |
(d) If the applicant is a customer of an energy provider, |
such
applicant shall receive energy assistance in an amount |
established by the
Department for all such applicants under |
this Act, such amount to be paid
by the Department to the |
energy provider supplying winter energy service to
such |
applicant. Such applicant shall:
|
(i) make all reasonable efforts to apply to any other |
appropriate
source of public energy assistance; and
|
(ii) sign a waiver permitting the Department to |
receive income
information from any public or private |
agency providing income or energy
assistance and from any |
|
employer, whether public or private.
|
(e) Any qualified applicant pursuant to this Section may |
receive or have
paid on such applicant's behalf an emergency |
assistance payment to enable
such applicant to obtain access |
to winter energy services. Any such
payments shall be made in |
accordance with regulations of the Department.
|
(f) The Department may, if sufficient funds are available, |
provide
additional benefits to certain qualified applicants:
|
(i) for the reduction of past due amounts owed to |
energy providers;
and
|
(ii) to assist the household in responding to |
excessively high summer
temperatures or energy costs. |
Households containing elderly members, children,
a person |
with a disability, or a person with a medical need for |
conditioned air
shall receive priority for receipt of such |
benefits ; and .
|
(iii) for the installation of energy conservation
|
measures, health and safety measures, healthy home |
measures, home improvement measures to help alleviate |
deferrals from weatherization activities, and renewable |
energy retrofits. |
(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; |
102-176, eff. 6-1-22.)
|
(305 ILCS 20/13)
|
(Section scheduled to be repealed on January 1, 2025) |
|
Sec. 13. Supplemental Low-Income Energy Assistance Fund.
|
(a) The Supplemental Low-Income Energy Assistance
Fund is |
hereby created as a special fund in the State
Treasury. The |
Supplemental Low-Income Energy Assistance Fund
is authorized |
to receive moneys from voluntary donations from individuals, |
foundations, corporations, and other sources, moneys received |
pursuant to Section 17, and, by statutory deposit, the moneys
|
collected pursuant to this Section. The Fund is also |
authorized to receive voluntary donations from individuals, |
foundations, corporations, and other sources. Subject to |
appropriation,
the Department shall use
moneys from the |
Supplemental Low-Income Energy Assistance Fund
for : (i) |
payments to electric or gas public utilities,
municipal |
electric or gas utilities, and electric cooperatives
on behalf |
of their customers who are participants in the
program |
authorized by Sections 4 and 18 of this Act ; (ii) , for the |
provision of
weatherization services , including, but not |
limited to, the installation of energy conservation measures, |
health and safety measures, healthy home measures, home |
improvement measures to alleviate the deferrals of certain |
projects, including, but not limited to, roofs and foundation |
repairs, and renewable energy retrofits; and (iii) for
|
administration of the Supplemental Low-Income Energy
|
Assistance Fund. All other deposits outside of the Energy |
Assistance Charge as set forth in subsection (b) are not |
subject to the percentage restrictions related to |
|
administrative and weatherization expenses provided in this |
subsection. The yearly expenditures for weatherization may not |
exceed 10%
of the amount collected during the year pursuant to |
this Section, except when unspent funds from the Supplemental |
Low-Income Energy Assistance Fund are reallocated from a |
previous year; any unspent balance of the 10% weatherization |
allowance may be utilized for weatherization expenses in the |
year they are reallocated. The yearly administrative expenses |
of the
Supplemental Low-Income Energy Assistance Fund may not |
exceed
13% of the amount collected during that year
pursuant |
to this Section, except when unspent funds from the |
Supplemental Low-Income Energy Assistance Fund are reallocated |
from a previous year; any unspent balance of the 13% |
administrative allowance may be utilized for administrative |
expenses in the year they are reallocated. Of the 13% |
administrative allowance, no less than 8% shall be provided to |
Local Administrative Agencies for administrative expenses.
|
(b) Notwithstanding the provisions of Section 16-111
of |
the Public Utilities Act but subject to subsection (k) of this |
Section,
each public utility, electric
cooperative, as defined |
in Section 3.4 of the Electric Supplier Act,
and municipal |
utility, as referenced in Section 3-105 of the Public |
Utilities
Act, that is engaged in the delivery of electricity |
or the
distribution of natural gas within the State of |
Illinois
shall, effective January 1, 2021,
assess each of
its |
customer accounts a monthly Energy Assistance Charge for
the |
|
Supplemental Low-Income Energy Assistance Fund.
The delivering |
public utility, municipal electric or gas utility, or electric
|
or gas
cooperative for a self-assessing purchaser remains |
subject to the collection of
the
fee imposed by this Section.
|
The
monthly charge shall be as follows:
|
(1) Base Energy Assistance Charge per month on each
|
account for residential electrical service; |
(2) Base Energy Assistance Charge per month on each
|
account for residential gas service; |
(3) Ten times the Base Energy Assistance Charge per
|
month on each account for non-residential electric
service |
which had less than 10 megawatts of peak
demand during the |
previous calendar year; |
(4) Ten times the Base Energy Assistance Charge per
|
month on each account for non-residential gas
service |
which had distributed to it less than
4,000,000 therms of |
gas during the previous
calendar year; |
(5) Three hundred and seventy-five times the Base
|
Energy Assistance Charge per month on each account
for |
non-residential electric service which had 10
megawatts or |
greater of peak demand during the
previous calendar year; |
and |
(6) Three hundred and seventy-five times the Base
|
Energy Assistance Charge per month on each account
for |
non-residential gas service which had
4,000,000 or more |
therms of gas distributed to it
during the previous |
|
calendar year. |
The Base Energy Assistance Charge shall be $0.48
per month |
for the calendar year beginning January
1, 2022 and shall |
increase by $0.16 per month for
any calendar year, provided no |
less than 80% of the
previous State fiscal year's available
|
Supplemental Low-Income Energy Assistance Fund
funding was |
exhausted. The maximum Base Energy
Assistance Charge shall not |
exceed $0.96 per month
for any calendar year.
|
The incremental change to such charges imposed by Public |
Act 99-933 and this amendatory Act of the 102nd General |
Assembly shall not (i) be used for any purpose other than to |
directly assist customers and (ii) be applicable to utilities |
serving less than 100,000 customers in Illinois on January 1, |
2021. The incremental change to such charges imposed by this |
amendatory Act of the 102nd General Assembly are intended to |
increase utilization of the Percentage of Income Payment Plan |
(PIPP or PIP Plan) and shall be applied such that PIP Plan |
enrollment is at least doubled, as compared to 2020 |
enrollment, by 2024. |
In addition, electric and gas utilities have committed, |
and shall contribute, a one-time payment of $22 million to the |
Fund, within 10 days after the effective date of the tariffs |
established pursuant to Sections 16-111.8 and 19-145 of the |
Public Utilities Act to be used for the Department's cost of |
implementing the programs described in Section 18 of this |
amendatory Act of the 96th General Assembly, the Arrearage |
|
Reduction Program described in Section 18, and the programs |
described in Section 8-105 of the Public Utilities Act. If a |
utility elects not to file a rider within 90 days after the |
effective date of this amendatory Act of the 96th General |
Assembly, then the contribution from such utility shall be |
made no later than February 1, 2010.
|
(c) For purposes of this Section:
|
(1) "residential electric service" means
electric |
utility service for household purposes delivered to a
|
dwelling of 2 or fewer units which is billed under a
|
residential rate, or electric utility service for |
household
purposes delivered to a dwelling unit or units |
which is billed
under a residential rate and is registered |
by a separate meter
for each dwelling unit;
|
(2) "residential gas service" means gas utility
|
service for household purposes distributed to a dwelling |
of
2 or fewer units which is billed under a residential |
rate,
or gas utility service for household purposes |
distributed to a
dwelling unit or units which is billed |
under a residential
rate and is registered by a separate |
meter for each dwelling
unit;
|
(3) "non-residential electric service" means
electric |
utility service which is not residential electric
service; |
and
|
(4) "non-residential gas service" means gas
utility |
service which is not residential gas service.
|
|
(d) Within 30 days after the effective date of this |
amendatory Act of the 96th General Assembly, each public
|
utility engaged in the delivery of electricity or the
|
distribution of natural gas shall file with the Illinois
|
Commerce Commission tariffs incorporating the Energy
|
Assistance Charge in other charges stated in such tariffs, |
which shall become effective no later than the beginning of |
the first billing cycle following such filing.
|
(e) The Energy Assistance Charge assessed by
electric and |
gas public utilities shall be considered a charge
for public |
utility service.
|
(f) By the 20th day of the month following the month in |
which the charges
imposed by the Section were collected, each |
public
utility,
municipal utility, and electric cooperative |
shall remit to the
Department of Revenue all moneys received |
as payment of the
Energy Assistance Charge on a return |
prescribed and furnished by the
Department of Revenue showing |
such information as the Department of Revenue may
reasonably |
require; provided, however, that a utility offering an |
Arrearage Reduction Program or Supplemental Arrearage |
Reduction Program pursuant to Section 18 of this Act shall be |
entitled to net those amounts necessary to fund and recover |
the costs of such Programs as authorized by that Section that |
is no more than the incremental change in such Energy |
Assistance Charge authorized by Public Act 96-33. If a |
customer makes a partial payment, a public
utility, municipal
|
|
utility, or electric cooperative may elect either: (i) to |
apply
such partial payments first to amounts owed to the
|
utility or cooperative for its services and then to payment
|
for the Energy Assistance Charge or (ii) to apply such partial |
payments
on a pro-rata basis between amounts owed to the
|
utility or cooperative for its services and to payment for the
|
Energy Assistance Charge.
|
If any payment provided for in this Section exceeds the |
distributor's liabilities under this Act, as shown on an |
original return, the Department may authorize the distributor |
to credit such excess payment against liability subsequently |
to be remitted to the Department under this Act, in accordance |
with reasonable rules adopted by the Department. If the |
Department subsequently determines that all or any part of the |
credit taken was not actually due to the distributor, the |
distributor's discount shall be reduced by an amount equal to |
the difference between the discount as applied to the credit |
taken and that actually due, and that distributor shall be |
liable for penalties and interest on such difference. |
(g) The Department of Revenue shall deposit into the
|
Supplemental Low-Income Energy Assistance Fund all moneys
|
remitted to it in accordance with subsection (f) of this
|
Section. The utilities shall coordinate with the Department to |
establish an equitable and practical methodology for |
implementing this subsection (g) beginning with the 2010 |
program year.
|
|
(h) On or before December 31, 2002, the Department shall
|
prepare a report for the General Assembly on the expenditure |
of funds
appropriated from the Low-Income Energy Assistance |
Block Grant Fund for the
program authorized under Section 4 of |
this Act.
|
(i) The Department of Revenue may establish such
rules as |
it deems necessary to implement this Section.
|
(j) The Department of Commerce and Economic Opportunity
|
may establish such rules as it deems necessary to implement
|
this Section.
|
(k) The charges imposed by this Section shall only apply |
to customers of
municipal electric or gas utilities and |
electric or gas cooperatives if
the municipal
electric or gas
|
utility or electric or gas cooperative makes an affirmative |
decision to
impose the
charge. If a municipal electric or gas |
utility or an electric
cooperative makes an affirmative |
decision to impose the charge provided by
this
Section, the |
municipal electric or gas utility or electric cooperative |
shall
inform the
Department of Revenue in writing of such |
decision when it begins to impose the
charge. If a municipal |
electric or gas utility or electric or gas
cooperative does |
not
assess
this charge, the Department may not use funds from |
the Supplemental Low-Income
Energy Assistance Fund to provide |
benefits to its customers under the program
authorized by |
Section 4 of this Act.
|
In its use of federal funds under this Act, the Department |
|
may not cause a
disproportionate share of those federal funds |
to benefit customers of systems
which do not assess the charge |
provided by this Section.
|
This Section is repealed on January 1, 2025
unless
renewed |
by action of the General Assembly.
|
(Source: P.A. 102-16, eff. 6-17-21; 102-176, eff. 6-1-22; |
102-671, eff. 11-30-21; 102-673, eff. 11-30-21.)
|
Section 5-105. The Environmental Protection Act is amended |
by changing Sections 22.15 and 57.11 as follows:
|
(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
|
Sec. 22.15. Solid Waste Management Fund; fees.
|
(a) There is hereby created within the State Treasury a
|
special fund to be known as the Solid Waste Management Fund, to |
be
constituted from the fees collected by the State pursuant |
to this Section,
from repayments of loans made from the Fund |
for solid waste projects, from registration fees collected |
pursuant to the Consumer Electronics Recycling Act, and from |
amounts transferred into the Fund pursuant to Public Act |
100-433.
Moneys received by either the Agency or the |
Department of Commerce and Economic Opportunity
in repayment |
of loans made pursuant to the Illinois Solid Waste Management
|
Act shall be deposited into the General Revenue Fund.
|
(b) The Agency shall assess and collect a
fee in the amount |
set forth herein from the owner or operator of each sanitary
|
|
landfill permitted or required to be permitted by the Agency |
to dispose of
solid waste if the sanitary landfill is located |
off the site where such waste
was produced and if such sanitary |
landfill is owned, controlled, and operated
by a person other |
than the generator of such waste. The Agency shall deposit
all |
fees collected into the Solid Waste Management Fund. If a site |
is
contiguous to one or more landfills owned or operated by the |
same person, the
volumes permanently disposed of by each |
landfill shall be combined for purposes
of determining the fee |
under this subsection. Beginning on July 1, 2018, and on the |
first day of each month thereafter during fiscal years 2019 |
through 2023 2022 , the State Comptroller shall direct and |
State Treasurer shall transfer an amount equal to 1/12 of |
$5,000,000 per fiscal year from the Solid Waste Management |
Fund to the General Revenue Fund.
|
(1) If more than 150,000 cubic yards of non-hazardous |
solid waste is
permanently disposed of at a site in a |
calendar year, the owner or operator
shall either pay a |
fee of 95 cents per cubic yard or,
alternatively, the |
owner or operator may weigh the quantity of the solid |
waste
permanently disposed of with a device for which |
certification has been obtained
under the Weights and |
Measures Act and pay a fee of $2.00 per
ton of solid waste |
permanently disposed of. In no case shall the fee |
collected
or paid by the owner or operator under this |
paragraph exceed $1.55 per cubic yard or $3.27 per ton.
|
|
(2) If more than 100,000 cubic yards but not more than |
150,000 cubic
yards of non-hazardous waste is permanently |
disposed of at a site in a calendar
year, the owner or |
operator shall pay a fee of $52,630.
|
(3) If more than 50,000 cubic yards but not more than |
100,000 cubic
yards of non-hazardous solid waste is |
permanently disposed of at a site
in a calendar year, the |
owner or operator shall pay a fee of $23,790.
|
(4) If more than 10,000 cubic yards but not more than |
50,000 cubic
yards of non-hazardous solid waste is |
permanently disposed of at a site
in a calendar year, the |
owner or operator shall pay a fee of $7,260.
|
(5) If not more than 10,000 cubic yards of |
non-hazardous solid waste is
permanently disposed of at a |
site in a calendar year, the owner or operator
shall pay a |
fee of $1050.
|
(c) (Blank).
|
(d) The Agency shall establish rules relating to the |
collection of the
fees authorized by this Section. Such rules |
shall include, but not be
limited to:
|
(1) necessary records identifying the quantities of |
solid waste received
or disposed;
|
(2) the form and submission of reports to accompany |
the payment of fees
to the Agency;
|
(3) the time and manner of payment of fees to the |
Agency, which payments
shall not be more often than |
|
quarterly; and
|
(4) procedures setting forth criteria establishing |
when an owner or
operator may measure by weight or volume |
during any given quarter or other
fee payment period.
|
(e) Pursuant to appropriation, all monies in the Solid |
Waste Management
Fund shall be used by the Agency for the |
purposes set forth in this Section and in the Illinois
Solid |
Waste Management Act, including for the costs of fee |
collection and
administration, and for the administration of |
(1) the Consumer Electronics Recycling Act and (2) until |
January 1, 2020, the Electronic Products Recycling and Reuse |
Act.
|
(f) The Agency is authorized to enter into such agreements |
and to
promulgate such rules as are necessary to carry out its |
duties under this
Section and the Illinois Solid Waste |
Management Act.
|
(g) On the first day of January, April, July, and October |
of each year,
beginning on July 1, 1996, the State Comptroller |
and Treasurer shall
transfer $500,000 from the Solid Waste |
Management Fund to the Hazardous Waste
Fund. Moneys |
transferred under this subsection (g) shall be used only for |
the
purposes set forth in item (1) of subsection (d) of Section |
22.2.
|
(h) The Agency is authorized to provide financial |
assistance to units of
local government for the performance of |
inspecting, investigating and
enforcement activities pursuant |
|
to Section 4(r) at nonhazardous solid
waste disposal sites.
|
(i) The Agency is authorized to conduct household waste |
collection and
disposal programs.
|
(j) A unit of local government, as defined in the Local |
Solid Waste Disposal
Act, in which a solid waste disposal |
facility is located may establish a fee,
tax, or surcharge |
with regard to the permanent disposal of solid waste.
All |
fees, taxes, and surcharges collected under this subsection |
shall be
utilized for solid waste management purposes, |
including long-term monitoring
and maintenance of landfills, |
planning, implementation, inspection, enforcement
and other |
activities consistent with the Solid Waste Management Act and |
the
Local Solid Waste Disposal Act, or for any other |
environment-related purpose,
including , but not limited to , an |
environment-related public works project, but
not for the |
construction of a new pollution control facility other than a
|
household hazardous waste facility. However, the total fee, |
tax or surcharge
imposed by all units of local government |
under this subsection (j) upon the
solid waste disposal |
facility shall not exceed:
|
(1) 60¢ per cubic yard if more than 150,000 cubic |
yards of non-hazardous
solid waste is permanently disposed |
of at the site in a calendar year, unless
the owner or |
operator weighs the quantity of the solid waste received |
with a
device for which certification has been obtained |
under the Weights and Measures
Act, in which case the fee |
|
shall not exceed $1.27 per ton of solid waste
permanently |
disposed of.
|
(2) $33,350 if more than 100,000
cubic yards, but not |
more than 150,000 cubic yards, of non-hazardous waste
is |
permanently disposed of at the site in a calendar year.
|
(3) $15,500 if more than 50,000 cubic
yards, but not |
more than 100,000 cubic yards, of non-hazardous solid |
waste is
permanently disposed of at the site in a calendar |
year.
|
(4) $4,650 if more than 10,000 cubic
yards, but not |
more than 50,000 cubic yards, of non-hazardous solid waste
|
is permanently disposed of at the site in a calendar year.
|
(5) $650 if not more than 10,000 cubic
yards of |
non-hazardous solid waste is permanently disposed of at |
the site in
a calendar year.
|
The corporate authorities of the unit of local government
|
may use proceeds from the fee, tax, or surcharge to reimburse a |
highway
commissioner whose road district lies wholly or |
partially within the
corporate limits of the unit of local |
government for expenses incurred in
the removal of |
nonhazardous, nonfluid municipal waste that has been dumped
on |
public property in violation of a State law or local |
ordinance.
|
For the disposal of solid waste from general construction
|
or demolition debris recovery facilities as defined in |
subsection (a-1) of Section 3.160, the total fee, tax, or |
|
surcharge imposed by
all units of local government under this |
subsection (j) upon
the solid waste disposal facility shall |
not exceed 50% of the
applicable amount set forth above. A unit |
of local government,
as defined in the Local Solid Waste |
Disposal Act, in which a
general construction or demolition |
debris recovery facility is
located may establish a fee, tax, |
or surcharge on the general construction or demolition debris |
recovery facility with
regard to the permanent disposal of |
solid waste by the
general construction or demolition debris |
recovery facility at
a solid waste disposal facility, provided |
that such fee, tax,
or surcharge shall not exceed 50% of the |
applicable amount set
forth above, based on the total amount |
of solid waste transported from the general construction or |
demolition debris recovery facility for disposal at solid |
waste disposal facilities, and the unit of local government |
and fee shall be
subject to all other requirements of this |
subsection (j). |
A county or Municipal Joint Action Agency that imposes a |
fee, tax, or
surcharge under this subsection may use the |
proceeds thereof to reimburse a
municipality that lies wholly |
or partially within its boundaries for expenses
incurred in |
the removal of nonhazardous, nonfluid municipal waste that has |
been
dumped on public property in violation of a State law or |
local ordinance.
|
If the fees are to be used to conduct a local sanitary |
landfill
inspection or enforcement program, the unit of local |
|
government must enter
into a written delegation agreement with |
the Agency pursuant to subsection
(r) of Section 4. The unit of |
local government and the Agency shall enter
into such a |
written delegation agreement within 60 days after the
|
establishment of such fees. At least annually,
the Agency |
shall conduct an audit of the expenditures made by units of |
local
government from the funds granted by the Agency to the |
units of local
government for purposes of local sanitary |
landfill inspection and enforcement
programs, to ensure that |
the funds have been expended for the prescribed
purposes under |
the grant.
|
The fees, taxes or surcharges collected under this |
subsection (j) shall
be placed by the unit of local government |
in a separate fund, and the
interest received on the moneys in |
the fund shall be credited to the fund. The
monies in the fund |
may be accumulated over a period of years to be
expended in |
accordance with this subsection.
|
A unit of local government, as defined in the Local Solid |
Waste Disposal
Act, shall prepare and post on its website, in |
April of each year, a
report that details spending plans for |
monies collected in accordance with
this subsection. The |
report will at a minimum include the following:
|
(1) The total monies collected pursuant to this |
subsection.
|
(2) The most current balance of monies collected |
pursuant to this
subsection.
|
|
(3) An itemized accounting of all monies expended for |
the previous year
pursuant to this subsection.
|
(4) An estimation of monies to be collected for the |
following 3
years pursuant to this subsection.
|
(5) A narrative detailing the general direction and |
scope of future
expenditures for one, 2 and 3 years.
|
The exemptions granted under Sections 22.16 and 22.16a, |
and under
subsection (k) of this Section, shall be applicable |
to any fee,
tax or surcharge imposed under this subsection |
(j); except that the fee,
tax or surcharge authorized to be |
imposed under this subsection (j) may be
made applicable by a |
unit of local government to the permanent disposal of
solid |
waste after December 31, 1986, under any contract lawfully |
executed
before June 1, 1986 under which more than 150,000 |
cubic yards (or 50,000 tons)
of solid waste is to be |
permanently disposed of, even though the waste is
exempt from |
the fee imposed by the State under subsection (b) of this |
Section
pursuant to an exemption granted under Section 22.16.
|
(k) In accordance with the findings and purposes of the |
Illinois Solid
Waste Management Act, beginning January 1, 1989 |
the fee under subsection
(b) and the fee, tax or surcharge |
under subsection (j) shall not apply to:
|
(1) waste which is hazardous waste;
|
(2) waste which is pollution control waste;
|
(3) waste from recycling, reclamation or reuse |
processes which have been
approved by the Agency as being |
|
designed to remove any contaminant from
wastes so as to |
render such wastes reusable, provided that the process
|
renders at least 50% of the waste reusable; the exemption |
set forth in this paragraph (3) of this subsection (k) |
shall not apply to general construction or demolition |
debris recovery
facilities as defined in subsection (a-1) |
of Section 3.160;
|
(4) non-hazardous solid waste that is received at a |
sanitary landfill
and composted or recycled through a |
process permitted by the Agency; or
|
(5) any landfill which is permitted by the Agency to |
receive only
demolition or construction debris or |
landscape waste.
|
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
102-16, eff. 6-17-21; 102-310, eff. 8-6-21; 102-444, eff. |
8-20-21; revised 9-28-21.)
|
(415 ILCS 5/57.11) |
Sec. 57.11. Underground Storage Tank Fund; creation. |
(a) There is hereby created in the State Treasury a |
special fund
to be known as the Underground Storage Tank Fund. |
There shall be deposited
into the Underground Storage Tank |
Fund all moneys received by the Office of the
State Fire |
Marshal as fees for underground storage tanks under Sections 4 |
and 5
of the Gasoline Storage Act, fees pursuant to the Motor |
Fuel Tax Law, and beginning July 1, 2013, payments pursuant to |
|
the Use Tax Act, the Service Use Tax Act, the Service |
Occupation Tax Act, and the Retailers' Occupation Tax Act.
All |
amounts held in the Underground Storage Tank Fund shall be |
invested at
interest by the State Treasurer. All income earned |
from the investments shall
be deposited into the Underground |
Storage Tank Fund no less frequently than
quarterly. In |
addition to any other transfers that may be provided for by |
law, beginning on July 1, 2018 and on the first day of each |
month thereafter during fiscal years 2019 through 2023 2022 |
only, the State Comptroller shall direct and the State |
Treasurer shall transfer an amount equal to 1/12 of |
$10,000,000 from the Underground Storage Tank Fund to the |
General Revenue Fund. Moneys in the Underground Storage Tank |
Fund, pursuant to
appropriation, may be used by the Agency and |
the Office of the State Fire
Marshal for the following |
purposes: |
(1) To take action authorized under Section 57.12 to |
recover costs under
Section 57.12. |
(2) To assist in the reduction and mitigation of |
damage caused by leaks
from underground storage tanks, |
including but not limited to, providing
alternative water |
supplies to persons whose drinking water has become
|
contaminated as a result of those leaks. |
(3) To be used as a matching amount towards federal |
assistance relative to
the release of petroleum from |
underground storage tanks. |
|
(4) For the costs of administering activities of the |
Agency and the Office
of the State Fire Marshal relative |
to the Underground Storage Tank Fund. |
(5) For payment of costs of corrective action incurred |
by and
indemnification to operators of underground storage |
tanks as provided in this
Title. |
(6) For a total of 2 demonstration projects in amounts |
in excess of a
$10,000 deductible charge designed to |
assess the viability of corrective action
projects at |
sites which have experienced contamination from petroleum |
releases.
Such demonstration projects shall be conducted |
in accordance with the provision
of this Title. |
(7) Subject to appropriation, moneys in the |
Underground Storage Tank Fund
may also be used by the |
Department of Revenue for the costs of administering
its |
activities relative to the Fund and for refunds provided |
for in Section
13a.8 of the Motor Fuel Tax Law Act . |
(b) Moneys in the Underground Storage Tank Fund may, |
pursuant to
appropriation, be used by the Office of the State |
Fire Marshal or the Agency to
take whatever emergency action |
is necessary or appropriate to assure that the
public health |
or safety is not threatened whenever there is a release or
|
substantial threat of a release of petroleum from an |
underground storage tank
and for the costs of administering |
its activities relative to the Underground
Storage Tank Fund. |
(c) Beginning July 1, 1993, the Governor shall certify to |
|
the State
Comptroller and State Treasurer the monthly amount |
necessary to pay debt
service on State obligations issued |
pursuant to Section 6 of the General
Obligation Bond Act. On |
the last day of each month, the Comptroller shall order
|
transferred and the Treasurer shall transfer from the |
Underground Storage Tank
Fund to the General Obligation Bond |
Retirement and Interest Fund the amount
certified by the |
Governor, plus any cumulative deficiency in those transfers
|
for prior months. |
(d) Except as provided in subsection (c) of this Section, |
the Underground Storage Tank Fund is not subject to |
administrative charges authorized under Section 8h of the |
State Finance Act that would in any way transfer any funds from |
the Underground Storage Tank Fund into any other fund of the |
State. |
(e) Each fiscal year, subject to appropriation, the Agency |
may commit up to $10,000,000 of the moneys in the Underground |
Storage Tank Fund to the payment of corrective action costs |
for legacy sites that meet one or more of the following |
criteria as a result of the underground storage tank release: |
(i) the presence of free product, (ii) contamination within a |
regulated recharge area, a wellhead protection area, or the |
setback zone of a potable water supply well, (iii) |
contamination extending beyond the boundaries of the site |
where the release occurred, or (iv) such other criteria as may |
be adopted in Agency rules. |
|
(1) Fund moneys committed under this subsection (e) |
shall be held in the Fund for payment of the corrective |
action costs for which the moneys were committed. |
(2) The Agency may adopt rules governing the |
commitment of Fund moneys under this subsection (e). |
(3) This subsection (e) does not limit the use of Fund |
moneys at legacy sites as otherwise provided under this |
Title. |
(4) For the purposes of this subsection (e), the term |
"legacy site" means a site for which (i) an underground |
storage tank release was reported prior to January 1, |
2005, (ii) the owner or operator has been determined |
eligible to receive payment from the Fund for corrective |
action costs, and (iii) the Agency did not receive any |
applications for payment prior to January 1, 2010. |
(f) Beginning July 1, 2013, if the amounts deposited into |
the Fund from moneys received by the Office of the State Fire |
Marshal as fees for underground storage tanks under Sections 4 |
and 5 of the Gasoline Storage Act and as fees pursuant to the |
Motor Fuel Tax Law during a State fiscal year are sufficient to |
pay all claims for payment by the fund received during that |
State fiscal year, then the amount of any payments into the |
fund pursuant to the Use Tax Act, the Service Use Tax Act, the |
Service Occupation Tax Act, and the Retailers' Occupation Tax |
Act during that State fiscal year shall be deposited as |
follows: 75% thereof shall be paid into the State treasury and |
|
25% shall be reserved in a special account and used only for |
the transfer to the Common School Fund as part of the monthly |
transfer from the General Revenue Fund in accordance with |
Section 8a of the State Finance Act. |
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
102-16, eff. 6-17-21.) |
Section 5-106. The Open Space Lands Acquisition and |
Development Act is amended by changing Section 3 as follows:
|
(525 ILCS 35/3) (from Ch. 85, par. 2103)
|
Sec. 3. From appropriations made from the Capital |
Development Fund,
Build Illinois Bond Fund or other
available |
or designated funds for such
purposes, the Department shall |
make grants to local governments as
financial assistance for |
the capital
development and improvement of park, recreation or |
conservation
areas, marinas and shorelines, including planning |
and engineering costs, and for the
acquisition of open space |
lands, including
acquisition of easements and other property |
interests less than fee simple
ownership if the Department |
determines that such property
interests are sufficient to |
carry out the purposes of this Act, subject to
the conditions |
and limitations set forth in this Act.
|
No more than 10% of the amount so appropriated for any |
fiscal year may
be committed or expended on any one project |
described in an application
under this Act.
|
|
Except for grants awarded from new appropriations in |
fiscal year 2023, any Any grant under this Act to a local |
government shall be conditioned upon
the state providing |
assistance on a 50/50 matching basis for the acquisition
of |
open space lands and for capital development
and improvement |
proposals. However, a local government defined as "distressed" |
under criteria adopted by the Department through |
administrative rule shall be eligible for assistance up to 90% |
for the acquisition
of open space lands and for capital |
development
and improvement proposals, provided that no more |
than 10% of the amount appropriated under this Act in any |
fiscal year is made available as grants to distressed local |
governments. For grants awarded from new appropriations in |
fiscal year 2023 only, a local government defined as |
"distressed" is eligible for assistance up to 100% for the |
acquisition of open space lands and for capital development |
and improvement proposals. The Department may make more than |
10% of the amount appropriated in fiscal year 2023 available |
as grants to distressed local governments.
|
An advance payment of a minimum of 50% of any grant made to |
a unit of local government under this Act must be paid to the |
unit of local government at the time the Department awards the |
grant. A unit of local government may opt out of the advanced |
payment option at the time of the award of the grant. The |
remainder of the grant shall be distributed to the local |
government quarterly on a reimbursement basis. The Department |
|
shall consider an applicant's request for an extension to a |
grant under this Act if (i) the advanced payment is expended or |
legally obligated within the 2 years required by Section 5 of |
the Illinois Grant Funds Recovery Act or (ii) no advanced |
payment was made. |
(Source: P.A. 102-200, eff. 7-30-21.)
|
Section 5-107. The Illinois Vehicle Code is amended by |
changing Section 3-659 and 6-206.1 as follows:
|
(625 ILCS 5/3-659)
|
Sec. 3-659. Pan Hellenic license plates.
|
(a) The Secretary, upon receipt of all applicable fees and |
applications made
in the
form prescribed by the Secretary, may |
issue special registration plates
designated as
Pan Hellenic |
license plates. The special plates issued under this Section |
shall
be
affixed only to passenger vehicles of the first |
division or motor vehicles of
the
second division weighing not |
more than 8,000 pounds. Plates issued under this
Section shall |
expire according to the multi-year procedure established by
|
Section 3-414.1 of this Code.
|
(b) The design and color of the special plates shall be |
wholly within the
discretion
of the Secretary, except that an |
emblem of a Pan Hellenic eligible member shall
be on the
plate. |
Appropriate documentation, as determined by the Secretary, |
shall
accompany each
application. The Secretary may, in his or |
|
her discretion, allow the plates to
be issued as
vanity or |
personalized plates in accordance with Section 3-405.1 of this |
Code.
The plates
are not required to designate "Land of |
Lincoln" as prescribed in subsection
(b)
of Section 3-412 of |
this Code. The Secretary, in his or her discretion, may
|
prescribe rules
governing the requirements and approval of the |
special plates.
|
(c) An applicant for the special plate shall be charged a |
$40 fee for
original
issuance in addition to the appropriate |
registration fee. Of this fee, $25
shall be deposited
into the |
Illinois Pan Hellenic Trust Fund and $15 shall be deposited |
into the
Secretary of
State Special License Plate Fund, to be |
used by the Secretary to help defray
the
administrative |
processing costs. For each registration renewal period, a $27
|
fee, in
addition to the appropriate registration fee, shall be |
charged. Of this fee,
$25 shall be
deposited into the Illinois |
Pan Hellenic Trust Fund and $2 shall be deposited
into the
|
Secretary of State Special License Plate Fund.
|
(d) The Illinois Pan Hellenic Trust Fund is created as a |
special fund in the
State
Treasury. The State Treasurer shall |
create separate accounts within the
Illinois Pan
Hellenic |
Trust Fund for each eligible member for which Pan Hellenic |
license
plates have
been issued. Moneys in the Illinois Pan |
Hellenic Trust Fund shall be allocated
to each
account in |
proportion to the number of plates sold in regard to each |
fraternity
or sorority.
All moneys in the Illinois Pan |
|
Hellenic Trust Fund shall be distributed,
subject to
|
appropriation by the General Assembly and distribution by the |
Secretary, as grants
to the
Illinois Alpha Kappa Alpha |
Charitable Foundation, Illinois Delta Sigma Theta
Charitable
|
Foundation, Illinois Zeta Phi Beta Charitable Foundation, |
Illinois Sigma Gamma
Rho
Charitable Foundation, Alpha Illinois |
Leadership Foundation Illinois Alpha Phi Alpha Charitable |
Foundation , Illinois
Omega
Psi Phi Charitable Foundation, |
Illinois Kappa Alpha Psi Charitable Foundation,
Illinois
Phi |
Beta Sigma Charitable Foundation, or
Illinois Iota Phi Theta |
Charitable Foundation for charitable
purposes sponsored by the |
African-American fraternity or sorority.
|
(Source: P.A. 97-409, eff. 1-1-12.)
|
(625 ILCS 5/6-206.1) (from Ch. 95 1/2, par. 6-206.1) |
Sec. 6-206.1. Monitoring Device Driving Permit. |
Declaration of Policy. It is hereby declared a policy of the
|
State of Illinois that the driver who is impaired by alcohol, |
other drug or
drugs, or intoxicating compound or compounds is |
a
threat to the public safety and welfare. Therefore, to
|
provide a deterrent to such practice, a statutory summary |
driver's license suspension is appropriate.
It is also |
recognized that driving is a privilege and therefore, that the |
granting of driving privileges, in a manner consistent with |
public
safety, is warranted during the period of suspension in |
the form of a monitoring device driving permit. A person who |
|
drives and fails to comply with the requirements of the |
monitoring device driving permit commits a violation of |
Section 6-303 of this Code. |
The following procedures shall apply whenever
a first |
offender, as defined in Section 11-500 of this Code, is |
arrested for any offense as defined in Section 11-501
or a |
similar provision of a local ordinance and is subject to the |
provisions of Section 11-501.1: |
(a) Upon mailing of the notice of suspension of driving |
privileges as provided in subsection (h) of Section 11-501.1 |
of this Code, the Secretary shall also send written notice |
informing the person that he or she will be issued a monitoring |
device driving permit (MDDP). The notice shall include, at |
minimum, information summarizing the procedure to be followed |
for issuance of the MDDP, installation of the breath alcohol |
ignition installation device (BAIID), as provided in this |
Section, exemption from BAIID installation requirements, and |
procedures to be followed by those seeking indigent status, as |
provided in this Section. The notice shall also include |
information summarizing the procedure to be followed if the |
person wishes to decline issuance of the MDDP. A copy of the |
notice shall also be sent to the court of venue together with |
the notice of suspension of driving privileges, as provided in |
subsection (h) of Section 11-501. However, a MDDP shall not be |
issued if the Secretary finds that:
|
(1) the offender's driver's license is otherwise |
|
invalid; |
(2) death or great bodily harm to another resulted |
from the arrest for Section 11-501; |
(3) the offender has been previously convicted of |
reckless homicide or aggravated driving under the |
influence involving death; or |
(4) the offender is less than 18 years of age. |
Any offender participating in the MDDP program must pay |
the Secretary a MDDP Administration Fee in an amount not to |
exceed $30 per month, to be deposited into the Monitoring |
Device Driving Permit Administration Fee Fund. The Secretary |
shall establish by rule the amount and the procedures, terms, |
and conditions relating to these fees. The offender must have |
an ignition interlock device installed within 14 days of the |
date the Secretary issues the MDDP. The ignition interlock |
device provider must notify the Secretary, in a manner and |
form prescribed by the Secretary, of the installation. If the |
Secretary does not receive notice of installation, the |
Secretary shall cancel the MDDP.
|
Upon receipt of the notice, as provided in paragraph (a) |
of this Section, the person may file a petition to decline |
issuance of the MDDP with the court of venue. The court shall |
admonish the offender of all consequences of declining |
issuance of the MDDP including, but not limited to, the |
enhanced penalties for driving while suspended. After being so |
admonished, the offender shall be permitted, in writing, to |
|
execute a notice declining issuance of the MDDP. This notice |
shall be filed with the court and forwarded by the clerk of the |
court to the Secretary. The offender may, at any time |
thereafter, apply to the Secretary for issuance of a MDDP. |
(a-1) A person issued a MDDP may drive for any purpose and |
at any time, subject to the rules adopted by the Secretary |
under subsection (g). The person must, at his or her own |
expense, drive only vehicles equipped with an ignition |
interlock device as defined in Section 1-129.1, but in no |
event shall such person drive a commercial motor vehicle. |
(a-2) Persons who are issued a MDDP and must drive |
employer-owned vehicles in the course of their employment |
duties may seek permission to drive an employer-owned vehicle |
that does not have an ignition interlock device. The employer |
shall provide to the Secretary a form, as prescribed by the |
Secretary, completed by the employer verifying that the |
employee must drive an employer-owned vehicle in the course of |
employment. If approved by the Secretary, the form must be in |
the driver's possession while operating an employer-owner |
vehicle not equipped with an ignition interlock device. No |
person may use this exemption to drive a school bus, school |
vehicle, or a vehicle designed to transport more than 15 |
passengers. No person may use this exemption to drive an |
employer-owned motor vehicle that is owned by an entity that |
is wholly or partially owned by the person holding the MDDP, or |
by a family member of the person holding the MDDP. No person |
|
may use this exemption to drive an employer-owned vehicle that |
is made available to the employee for personal use. No person |
may drive the exempted vehicle more than 12 hours per day, 6 |
days per week.
|
(a-3) Persons who are issued a MDDP and who must drive a |
farm tractor to and from a farm, within 50 air miles from the |
originating farm are exempt from installation of a BAIID on |
the farm tractor, so long as the farm tractor is being used for |
the exclusive purpose of conducting farm operations. |
(b) (Blank). |
(c) (Blank).
|
(c-1) If the holder of the MDDP is convicted of or receives |
court supervision for a violation of Section 6-206.2, 6-303, |
11-204, 11-204.1, 11-401, 11-501, 11-503, 11-506 or a similar |
provision of a local ordinance or a similar out-of-state |
offense or is convicted of or receives court supervision for |
any offense for which alcohol or drugs is an element of the |
offense and in which a motor vehicle was involved (for an |
arrest other than the one for which the MDDP is issued), or |
de-installs the BAIID without prior authorization from the |
Secretary, the MDDP shall be cancelled. |
(c-5) If the Secretary determines that the person seeking |
the MDDP is indigent, the Secretary shall provide the person |
with a written document as evidence of that determination, and |
the person shall provide that written document to an ignition |
interlock device provider. The provider shall install an |
|
ignition interlock device on that person's vehicle without |
charge to the person, and seek reimbursement from the Indigent |
BAIID Fund.
If the Secretary has deemed an offender indigent, |
the BAIID provider shall also provide the normal monthly |
monitoring services and the de-installation without charge to |
the offender and seek reimbursement from the Indigent BAIID |
Fund. Any other monetary charges, such as a lockout fee or |
reset fee, shall be the responsibility of the MDDP holder. A |
BAIID provider may not seek a security deposit from the |
Indigent BAIID Fund. |
(d) MDDP information
shall be available only to the |
courts, police officers, and the Secretary, except during the |
actual period the MDDP is valid, during which
time it shall be |
a public record. |
(e) (Blank). |
(f) (Blank). |
(g) The Secretary shall adopt rules for implementing this |
Section. The rules adopted shall address issues including, but |
not limited to: compliance with the requirements of the MDDP; |
methods for determining compliance with those requirements; |
the consequences of noncompliance with those requirements; |
what constitutes a violation of the MDDP; methods for |
determining indigency; and the duties of a person or entity |
that supplies the ignition interlock device. |
(h) The rules adopted under subsection (g) shall provide, |
at a minimum, that the person is not in compliance with the |
|
requirements of the MDDP if he or she: |
(1) tampers or attempts to tamper with or circumvent |
the proper operation of the ignition interlock device; |
(2) provides valid breath samples that register blood |
alcohol levels in excess of the number of times allowed |
under the rules; |
(3) fails to provide evidence sufficient to satisfy |
the Secretary that the ignition interlock device has been |
installed in the designated vehicle or vehicles; or |
(4) fails to follow any other applicable rules adopted |
by the Secretary. |
(i) Any person or entity that supplies an ignition |
interlock device as provided under this Section shall, in |
addition to supplying only those devices which fully comply |
with all the rules adopted under subsection (g), provide the |
Secretary, within 7 days of inspection, all monitoring reports |
of each person who has had an ignition interlock device |
installed. These reports shall be furnished in a manner or |
form as prescribed by the Secretary. |
(j) Upon making a determination that a violation of the |
requirements of the MDDP has occurred, the Secretary shall |
extend the summary suspension period for an additional 3 |
months beyond the originally imposed summary suspension |
period, during which time the person shall only be allowed to |
drive vehicles equipped with an ignition interlock device; |
provided further there are no limitations on the total number |
|
of times the summary suspension may be extended. The Secretary |
may, however, limit the number of extensions imposed for |
violations occurring during any one monitoring period, as set |
forth by rule. Any person whose summary suspension is extended |
pursuant to this Section shall have the right to contest the |
extension through a hearing with the Secretary, pursuant to |
Section 2-118 of this Code. If the summary suspension has |
already terminated prior to the Secretary receiving the |
monitoring report that shows a violation, the Secretary shall |
be authorized to suspend the person's driving privileges for 3 |
months, provided that the Secretary may, by rule, limit the |
number of suspensions to be entered pursuant to this paragraph |
for violations occurring during any one monitoring period. Any |
person whose license is suspended pursuant to this paragraph, |
after the summary suspension had already terminated, shall |
have the right to contest the suspension through a hearing |
with the Secretary, pursuant to Section 2-118 of this Code. |
The only permit the person shall be eligible for during this |
new suspension period is a MDDP. |
(k) A person who has had his or her summary suspension |
extended for the third time, or has any combination of 3 |
extensions and new suspensions, entered as a result of a |
violation that occurred while holding the MDDP, so long as the |
extensions and new suspensions relate to the same summary |
suspension, shall have his or her vehicle impounded for a |
period of 30 days, at the person's own expense. A person who |
|
has his or her summary suspension extended for the fourth |
time, or has any combination of 4 extensions and new |
suspensions, entered as a result of a violation that occurred |
while holding the MDDP, so long as the extensions and new |
suspensions relate to the same summary suspension, shall have |
his or her vehicle subject to seizure and forfeiture. The |
Secretary shall notify the prosecuting authority of any third |
or fourth extensions or new suspension entered as a result of a |
violation that occurred while the person held a MDDP. Upon |
receipt of the notification, the prosecuting authority shall |
impound or forfeit the vehicle. The impoundment or forfeiture |
of a vehicle shall be conducted pursuant to the procedure |
specified in Article 36 of the Criminal Code of 2012. |
(l) A person whose driving privileges have been suspended |
under Section 11-501.1 of this Code and who had a MDDP that was |
cancelled, or would have been cancelled had notification of a |
violation been received prior to expiration of the MDDP, |
pursuant to subsection (c-1) of this Section, shall not be |
eligible for reinstatement when the summary suspension is |
scheduled to terminate. Instead, the person's driving |
privileges shall be suspended for a period of not less than |
twice the original summary suspension period, or for the |
length of any extensions entered under subsection (j), |
whichever is longer. During the period of suspension, the |
person shall be eligible only to apply for a restricted |
driving permit. If a restricted driving permit is granted, the |
|
offender may only operate vehicles equipped with a BAIID in |
accordance with this Section. |
(m) Any person or entity that supplies an ignition |
interlock device under this Section shall, for each ignition |
interlock device installed, pay 5% of the total gross revenue |
received for the device, including monthly monitoring fees, |
into the Indigent BAIID Fund. This 5% shall be clearly |
indicated as a separate surcharge on each invoice that is |
issued. The Secretary shall conduct an annual review of the |
fund to determine whether the surcharge is sufficient to |
provide for indigent users. The Secretary may increase or |
decrease this surcharge requirement as needed. |
(n) Any person or entity that supplies an ignition |
interlock device under this Section that is requested to |
provide an ignition interlock device to a person who presents |
written documentation of indigency from the Secretary, as |
provided in subsection (c-5) of this Section, shall install |
the device on the person's vehicle without charge to the |
person and shall seek reimbursement from the Indigent BAIID |
Fund. |
(o) The Indigent BAIID Fund is created as a special fund in |
the State treasury. The Secretary shall, subject to |
appropriation by the General Assembly, use all money in the |
Indigent BAIID Fund to reimburse ignition interlock device |
providers who have installed devices in vehicles of indigent |
persons. The Secretary shall make payments to such providers |
|
every 3 months. If the amount of money in the fund at the time |
payments are made is not sufficient to pay all requests for |
reimbursement submitted during that 3 month period, the |
Secretary shall make payments on a pro-rata basis, and those |
payments shall be considered payment in full for the requests |
submitted. If the amount of money in the fund exceeds the |
amount necessary to pay all requests for reimbursement during |
that 3-month period, the Secretary shall disburse the excess |
to the providers on a pro rata basis. |
(p) The Monitoring Device Driving Permit Administration |
Fee Fund is created as a special fund in the State treasury. |
The Secretary shall, subject to appropriation by the General |
Assembly, use the money paid into this fund to offset its |
administrative costs for administering MDDPs.
|
(q) The Secretary is authorized to prescribe such forms as |
it deems necessary to carry out the provisions of this |
Section. |
(Source: P.A. 101-363, eff. 8-9-19; 101-593, eff. 12-4-19.) |
Section 5-110. The Lawyers' Assistance Program Act is |
amended by changing Sections 15 and 30 as follows:
|
(705 ILCS 235/15)
|
(Section scheduled to be repealed on July 1, 2022) |
Sec. 15. Transfer of program funds. An amount equal to the |
balance of the money in the Lawyers' Assistance Program
Fund |
|
as it existed on December 31, 2021 shall be transferred to the |
Attorney Registration and Disciplinary Commission by June 30, |
2022 . As soon as is practical after completion of the |
transfers, the Lawyers' Assistance Program Fund is dissolved.
|
(Source: P.A. 102-190, eff. 1-1-22 .)
|
(705 ILCS 235/30) |
(Section scheduled to be repealed on July 1, 2022) |
Sec. 30. Repeal. This Act is repealed on July 1, 2023 2022 .
|
(Source: P.A. 102-190, eff. 1-1-22 .) |
Section 5-115. The Unified Code of Corrections is amended |
by changing Sections 3-12-3a and 3-12-6 as follows:
|
(730 ILCS 5/3-12-3a) (from Ch. 38, par. 1003-12-3a)
|
Sec. 3-12-3a. Contracts, leases, and business agreements. |
(a) The
Department shall promulgate such rules and |
policies as it deems necessary to establish, manage, and |
operate its Illinois Correctional Industries division
for the |
purpose of utilizing committed persons in the
manufacture of |
food stuffs, finished goods or wares. To the extent not |
inconsistent with the function and role of the ICI, the |
Department may enter into a contract, lease, or other type of |
business agreement, not to exceed 20 years, with any private |
corporation, partnership, person, or other business entity for |
the purpose of utilizing committed persons in the provision of |
|
services or for any other business or commercial enterprise |
deemed by the Department to be consistent with proper training |
and rehabilitation of committed persons.
|
In fiscal years year 2021 through 2023 and 2022 , the |
Department shall oversee the Illinois Correctional Industries |
accounting processes and budget requests to the General |
Assembly, other budgetary processes, audits by the Office of |
the Auditor General, and computer processes. For fiscal years |
year 2021 through 2023 and 2022 , the spending authority of |
Illinois Correctional Industries shall no longer be separate |
and apart from the Department's budget and appropriations, and |
the Department shall control its accounting processes, |
budgets, audits and computer processes in accordance with any |
Department rules and policies. |
(b) The Department shall be permitted to construct |
buildings on State
property for the purposes identified in |
subsection (a) and to lease for a
period not to exceed 20 years |
any building or portion thereof on State
property for the |
purposes identified in subsection (a).
|
(c) Any contract or other business agreement referenced in
|
subsection (a) shall include a provision requiring that all |
committed
persons assigned receive in connection with their |
assignment such
vocational training and/or apprenticeship |
programs as the Department deems appropriate.
|
(d) Committed persons assigned in accordance with this |
Section shall be
compensated in accordance with the provisions |
|
of Section 3-12-5.
|
(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
|
(730 ILCS 5/3-12-6) (from Ch. 38, par. 1003-12-6)
|
Sec. 3-12-6. Programs. Through its Illinois Correctional |
Industries division, the Department shall establish |
commercial, business, and manufacturing programs for the sale |
of finished goods and processed food and beverages to the |
State, its political units, agencies, and other public |
institutions. Illinois Correctional Industries shall |
establish, operate, and maintain manufacturing and food and |
beverage production in the Department facilities and provide |
food for the Department institutions and for the mental health |
and developmental disabilities institutions of the Department |
of Human Services and the institutions of the Department of |
Veterans' Affairs. |
Illinois Correctional Industries shall be administered by |
a chief executive officer. The chief executive officer shall |
report to the Director of the Department or the Director's |
designee. The chief executive officer shall administer the |
commercial and business programs of ICI for inmate workers in |
the custody of the Department of Corrections. |
The chief executive officer shall have such assistants as |
are required for sales staff, manufacturing, budget, fiscal, |
accounting, computer, human services, and personnel as |
necessary to run its commercial and business programs. |
|
Illinois Correctional Industries shall have a financial |
officer who shall report to the chief executive officer. The |
financial officer shall: (i) assist in the development and |
presentation of the Department budget submission; (ii) manage |
and control the spending authority of ICI; and (iii) provide |
oversight of the financial activities of ICI, both internally |
and through coordination with the Department fiscal operations |
personnel, including accounting processes, budget submissions, |
other budgetary processes, audits by the Office of the Auditor |
General, and computer processes. For fiscal years year 2021 |
through 2023 and 2022 , the financial officer shall coordinate |
and cooperate with the Department's chief financial officer to |
perform the functions listed in this paragraph. |
Illinois Correctional Industries shall be located in |
Springfield. The chief executive officer of Illinois |
Correctional Industries
shall assign personnel to
direct the |
production of goods and shall employ committed persons
|
assigned by the chief administrative officer. The Department |
of Corrections may
direct such other vocational programs as it |
deems necessary for the rehabilitation of inmates, which shall |
be separate and apart from, and not in conflict with, programs |
of Illinois Correctional Industries.
|
(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21.)
|
Section 5-117. The Probation and Probation Officers Act is |
amended by changing Sections 9b and 15 as follows:
|
|
(730 ILCS 110/9b) (from Ch. 38, par. 204-1b)
|
Sec. 9b.
For the purposes of this Act, the words and |
phrases
described in this Section have the meanings designated |
in this Section,
except when a particular context clearly |
requires a different meaning.
|
(1) "Division" means the Division of Probation
Services of |
the
Supreme Court.
|
(2) "Department" means a probation or court
services |
department that
provides probation or court services and such
|
other related services
assigned to it by the circuit court or |
by law.
|
(3) "Probation Officer" means a person
employed full time |
in a probation
or court services department or a person |
employed full-time or part-time as a detention officer |
providing services to a court under this Act
or the Juvenile |
Court Act of 1987. A probation
officer includes detention
|
staff, non-secure group home staff and management personnel |
who meet
minimum standards established by the Supreme
Court |
and who are hired under the direction of the circuit court. |
These
probation officers are judicial employees
designated on |
a circuit wide or
county basis and compensated by the |
appropriate county board or boards.
|
(4) "Basic Services" means the number of personnel |
determined by the
Division as necessary to comply with adult, |
juvenile, and
detention services workload standards
and to |
|
operate authorized programs of intermediate sanctions, |
intensive
probation
supervision,
public or community service, |
intake services, secure detention services,
non-secure group |
home services and home confinement.
|
(5) "New or Expanded Services" means personnel necessary |
to operate
pretrial programs, victim and restitution programs, |
psychological services,
drunk driving programs, specialized |
caseloads, community resource
coordination programs, and other |
programs designed to generally improve the
quality of |
probation and court services.
|
(6) "Individualized Services and Programs" means |
individualized services
provided through purchase of service |
agreements with individuals,
specialists, and local public or |
private agencies providing non-residential
services for the |
rehabilitation of adult and juvenile offenders as an
|
alternative to local or state incarceration.
|
(7) "Jurisdiction" means the geographical area of |
authority of a
probation department as designated by the chief |
judge of
each circuit court under Section 15 of this Act.
|
(8) "Transfer case" means any case where an adult or |
juvenile offender seeks to have supervision transferred from |
one county to another or from another state to a county in |
Illinois, and the transfer is approved by a judicial officer, |
a department, or through an interstate compact. |
(Source: P.A. 98-575, eff. 1-1-14.)
|
|
(730 ILCS 110/15) (from Ch. 38, par. 204-7)
|
Sec. 15. (1) The Supreme Court of Illinois may establish a |
Division of
Probation Services whose purpose shall be the |
development, establishment,
promulgation, and enforcement of |
uniform standards for probation services in
this State, and to |
otherwise carry out the intent of this Act. The Division
may:
|
(a) establish qualifications for chief probation |
officers and other
probation and court services personnel |
as to hiring, promotion, and training.
|
(b) make available, on a timely basis, lists of those |
applicants whose
qualifications meet the regulations |
referred to herein, including on said
lists all candidates |
found qualified.
|
(c) establish a means of verifying the conditions for |
reimbursement
under this Act and develop criteria for |
approved costs for reimbursement.
|
(d) develop standards and approve employee |
compensation schedules for
probation and court services |
departments.
|
(e) employ sufficient personnel in the Division to |
carry out the
functions of the Division.
|
(f) establish a system of training and establish |
standards for personnel
orientation and training.
|
(g) develop standards for a system of record keeping |
for cases and
programs, gather statistics, establish a |
system of uniform forms, and
develop research for planning |
|
of Probation
Services.
|
(h) develop standards to assure adequate support |
personnel, office
space, equipment and supplies, travel |
expenses, and other essential items
necessary for |
Probation and Court Services
Departments to carry out |
their
duties.
|
(i) review and approve annual plans submitted by
|
Probation and Court
Services Departments.
|
(j) monitor and evaluate all programs operated by
|
Probation and Court
Services Departments, and may include |
in the program evaluation criteria
such factors as the |
percentage of Probation sentences for felons convicted
of |
Probationable offenses.
|
(k) seek the cooperation of local and State government |
and private
agencies to improve the quality of probation |
and
court services.
|
(l) where appropriate, establish programs and |
corresponding standards
designed to generally improve the |
quality of
probation and court services
and reduce the |
rate of adult or juvenile offenders committed to the
|
Department of Corrections.
|
(m) establish such other standards and regulations and |
do all acts
necessary to carry out the intent and purposes |
of this Act.
|
The Division shall develop standards to implement the |
Domestic Violence Surveillance Program established under |
|
Section 5-8A-7 of the Unified Code of Corrections, including |
(i) procurement of equipment and other services necessary to |
implement the program and (ii) development of uniform |
standards for the delivery of the program through county |
probation departments, and develop standards for collecting |
data to evaluate the impact and costs of the Domestic Violence |
Surveillance Program. |
The Division shall establish a model list of structured |
intermediate
sanctions that may be imposed by a probation |
agency for violations of terms and
conditions of a sentence of |
probation, conditional discharge, or supervision.
|
The Division shall establish training standards for |
continuing education of probation officers and supervisors and |
broaden access to available training programs. |
The State of Illinois shall provide for the costs of |
personnel, travel,
equipment, telecommunications, postage, |
commodities, printing, space,
contractual services and other |
related costs necessary to carry out the
intent of this Act.
|
(2)(a) The chief judge of each circuit shall provide
|
full-time probation services for all counties
within the |
circuit, in a
manner consistent with the annual probation |
plan,
the standards, policies,
and regulations established by |
the Supreme Court. A
probation district of
two or more |
counties within a circuit may be created for the purposes of
|
providing full-time probation services. Every
county or group |
of
counties within a circuit shall maintain a
probation |
|
department which shall
be under the authority of the Chief |
Judge of the circuit or some other
judge designated by the |
Chief Judge. The Chief Judge, through the
Probation and Court |
Services Department shall
submit annual plans to the
Division |
for probation and related services.
|
(b) The Chief Judge of each circuit shall appoint the |
Chief
Probation
Officer and all other probation officers for |
his
or her circuit from lists
of qualified applicants supplied |
by the Supreme Court. Candidates for chief
managing officer |
and other probation officer
positions must apply with both
the |
Chief Judge of the circuit and the Supreme Court.
|
(3) A Probation and Court Service Department
shall apply |
to the
Supreme Court for funds for basic services, and may |
apply for funds for new
and expanded programs or |
Individualized Services and Programs. Costs shall
be |
reimbursed monthly based on a plan and budget approved by the |
Supreme
Court. No Department may be reimbursed for costs which |
exceed or are not
provided for in the approved annual plan and |
budget. After the effective
date of this amendatory Act of |
1985, each county must provide basic
services in accordance |
with the annual plan and standards created by the
division. No |
department may receive funds for new or expanded programs or
|
individualized services and programs unless they are in |
compliance with
standards as enumerated in paragraph (h) of |
subsection (1) of this Section,
the annual plan, and standards |
for basic services.
|
|
(4) The Division shall reimburse the county or counties |
for
probation
services as follows:
|
(a) 100% of the salary of all chief managing officers |
designated as such
by the Chief Judge and the division.
|
(b) 100% of the salary for all probation
officer and |
supervisor
positions approved for reimbursement by the |
division after April 1, 1984,
to meet workload standards |
and to implement intensive sanction and
probation
|
supervision
programs and other basic services as defined |
in this Act.
|
(c) 100% of the salary for all secure detention |
personnel and non-secure
group home personnel approved for |
reimbursement after December 1, 1990.
For all such |
positions approved for reimbursement
before
December 1, |
1990, the counties shall be reimbursed $1,250 per month |
beginning
July 1, 1995, and an additional $250 per month |
beginning each July 1st
thereafter until the positions |
receive 100% salary reimbursement.
Allocation of such |
positions will be based on comparative need considering
|
capacity, staff/resident ratio, physical plant and |
program.
|
(d) $1,000 per month for salaries for the remaining
|
probation officer
positions engaged in basic services and |
new or expanded services. All such
positions shall be |
approved by the division in accordance with this Act and
|
division standards.
|
|
(e) 100% of the travel expenses in accordance with |
Division standards
for all Probation positions approved |
under
paragraph (b) of subsection 4
of this Section.
|
(f) If the amount of funds reimbursed to the county |
under paragraphs
(a) through (e) of subsection 4 of this |
Section on an annual basis is less
than the amount the |
county had received during the 12 month period
immediately |
prior to the effective date of this amendatory Act of |
1985,
then the Division shall reimburse the amount of the |
difference to the
county. The effect of paragraph (b) of |
subsection 7 of this Section shall
be considered in |
implementing this supplemental reimbursement provision.
|
(5) The Division shall provide funds beginning on April 1, |
1987 for the
counties to provide Individualized Services and |
Programs as provided in
Section 16 of this Act.
|
(6) A Probation and Court Services Department
in order to |
be eligible
for the reimbursement must submit to the Supreme |
Court an application
containing such information and in such a |
form and by such dates as the
Supreme Court may require. |
Departments to be eligible for funding must
satisfy the |
following conditions:
|
(a) The Department shall have on file with the Supreme
|
Court an annual Probation plan for continuing,
improved, |
and
new Probation and Court Services Programs
approved by |
the Supreme Court or its
designee. This plan shall |
indicate the manner in which
Probation and Court
Services |
|
will be delivered and improved, consistent with the |
minimum
standards and regulations for Probation and Court
|
Services, as established
by the Supreme Court. In counties |
with more than one
Probation and Court
Services Department |
eligible to receive funds, all Departments within that
|
county must submit plans which are approved by the Supreme |
Court.
|
(b) The annual probation plan shall seek to
generally |
improve the
quality of probation services and to reduce |
the
commitment of adult offenders to the Department of |
Corrections and to reduce the
commitment of juvenile |
offenders to the Department of Juvenile Justice and shall |
require, when
appropriate, coordination with the |
Department of Corrections, the Department of Juvenile |
Justice, and the
Department of Children and Family |
Services in the development and use of
community |
resources, information systems, case review and permanency
|
planning systems to avoid the duplication of services.
|
(c) The Department shall be in compliance with |
standards developed by the
Supreme Court for basic, new |
and expanded services, training, personnel
hiring and |
promotion.
|
(d) The Department shall in its annual plan indicate |
the manner in which
it will support the rights of crime |
victims and in which manner it will
implement Article I, |
Section 8.1 of the Illinois Constitution and in what
|
|
manner it will coordinate crime victims' support services |
with other criminal
justice agencies within its |
jurisdiction, including but not limited to, the
State's |
Attorney, the Sheriff and any municipal police department.
|
(7) No statement shall be verified by the Supreme Court or |
its
designee or vouchered by the Comptroller unless each of |
the following
conditions have been met:
|
(a) The probation officer is a full-time
employee |
appointed by the Chief
Judge to provide probation services |
or a part-time employee who serves as a detention officer .
|
(b) The probation officer, in order to be
eligible for |
State
reimbursement, is receiving a salary of at least |
$17,000 per year , unless serving as a part-time detention |
officer .
|
(c) The probation officer is appointed or
was |
reappointed in accordance
with minimum qualifications or |
criteria established by the Supreme
Court; however, all |
probation officers appointed
prior to January 1, 1978,
|
shall be exempted from the minimum requirements |
established by the Supreme
Court. Payments shall be made |
to counties employing these exempted
probation officers as |
long as they are employed
in the position held on the
|
effective date of this amendatory Act of 1985. Promotions |
shall be
governed by minimum qualifications established by |
the Supreme Court.
|
(d) The Department has an established compensation |
|
schedule approved by
the Supreme Court. The compensation |
schedule shall include salary ranges
with necessary |
increments to compensate each employee. The increments
|
shall, within the salary ranges, be based on such factors |
as bona fide
occupational qualifications, performance, and |
length of service. Each
position in the Department shall |
be placed on the compensation schedule
according to job |
duties and responsibilities of such position. The policy
|
and procedures of the compensation schedule shall be made |
available to each
employee.
|
(8) In order to obtain full reimbursement of all approved |
costs, each
Department must continue to employ at least the |
same number of
probation
officers and probation managers as |
were
authorized for employment for the
fiscal year which |
includes January 1, 1985. This number shall be designated
as |
the base amount of the Department. No positions approved by |
the Division
under paragraph (b) of subsection 4 will be |
included in the base amount.
In the event that the Department |
employs fewer
Probation officers and
Probation managers than |
the base amount for a
period of 90 days, funding
received by |
the Department under subsection 4 of this
Section may be |
reduced on a monthly basis by the amount of the current
|
salaries of any positions below the base amount.
|
(9) Before the 15th day of each month, the treasurer of any |
county which
has a Probation and Court Services Department, or
|
the treasurer of the most
populous county, in the case of a |
|
Probation or
Court Services Department
funded by more than one |
county, shall submit an itemized statement of all
approved |
costs incurred in the delivery of Basic
Probation and Court
|
Services under this Act to the Supreme Court.
The treasurer |
may also submit an itemized statement of all approved costs
|
incurred in the delivery of new and expanded
Probation and |
Court Services
as well as Individualized Services and |
Programs. The Supreme Court or
its designee shall verify |
compliance with this Section and shall examine
and audit the |
monthly statement and, upon finding them to be correct, shall
|
forward them to the Comptroller for payment to the county |
treasurer. In the
case of payment to a treasurer of a county |
which is the most populous of
counties sharing the salary and |
expenses of a
Probation and Court Services
Department, the |
treasurer shall divide the money between the counties in a
|
manner that reflects each county's share of the cost incurred |
by the
Department.
|
(10) The county treasurer must certify that funds received |
under this
Section shall be used solely to maintain and |
improve
Probation and Court
Services. The county or circuit |
shall remain in compliance with all
standards, policies and |
regulations established by the Supreme Court.
If at any time |
the Supreme Court determines that a county or circuit is not
in |
compliance, the Supreme Court shall immediately notify the |
Chief Judge,
county board chairman and the Director of Court |
Services Chief
Probation Officer. If after 90 days of written
|
|
notice the noncompliance
still exists, the Supreme Court shall |
be required to reduce the amount of
monthly reimbursement by |
10%. An additional 10% reduction of monthly
reimbursement |
shall occur for each consecutive month of noncompliance.
|
Except as provided in subsection 5 of Section 15, funding to |
counties shall
commence on April 1, 1986. Funds received under |
this Act shall be used to
provide for Probation Department |
expenses
including those required under
Section 13 of this |
Act. The Mandatory
Arbitration Fund may be used to provide for |
Probation Department expenses,
including those required under |
Section 13 of this Act.
|
(11) The respective counties shall be responsible for |
capital and space
costs, fringe benefits, clerical costs, |
equipment, telecommunications,
postage, commodities and |
printing.
|
(12) For purposes of this Act only, probation officers |
shall be
considered
peace officers. In the
exercise of their |
official duties, probation
officers, sheriffs, and police
|
officers may, anywhere within the State, arrest any |
probationer who is in
violation of any of the conditions of his |
or her probation, conditional
discharge, or supervision, and |
it shall be the
duty of the officer making the arrest to take |
the probationer
before the
Court having jurisdiction over the |
probationer for further order.
|
(Source: P.A. 100-91, eff. 8-11-17.)
|
|
Section 5-120. The Revised Uniform Unclaimed Property Act |
is amended by changing Section 15-801 as follows: |
(765 ILCS 1026/15-801)
|
Sec. 15-801. Deposit of funds by administrator. |
(a) Except as otherwise provided in this Section, the |
administrator shall deposit in the Unclaimed Property Trust |
Fund all funds received under this Act, including proceeds |
from the sale of property under Article 7. The administrator |
may deposit any amount in the Unclaimed Property Trust Fund |
into the State Pensions Fund during the fiscal year at his or |
her discretion; however, he or she shall, on April 15 and |
October 15 of each year, deposit any amount in the Unclaimed |
Property Trust Fund exceeding $2,500,000 into the State |
Pensions Fund. If on either April 15 or October 15, the |
administrator determines that a balance of $2,500,000 is |
insufficient for the prompt payment of unclaimed property |
claims authorized under this Act, the administrator may retain |
more than $2,500,000 in the Unclaimed Property Trust Fund in |
order to ensure the prompt payment of claims. Beginning in |
State fiscal year 2024 2023 , all amounts that are deposited |
into the State Pensions Fund from the Unclaimed Property Trust |
Fund shall be apportioned to the designated retirement systems |
as provided in subsection (c-6) of Section 8.12 of the State |
Finance Act to reduce their actuarial reserve deficiencies. |
(b) The administrator shall make prompt payment of claims |
|
he or she duly allows as provided for in this Act from the |
Unclaimed Property Trust Fund. This shall constitute an |
irrevocable and continuing appropriation of all amounts in the |
Unclaimed Property Trust Fund necessary to make prompt payment |
of claims duly allowed by the administrator pursuant to this |
Act.
|
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
102-16, eff. 6-17-21.) |
ARTICLE 10. |
Section 10-5. The Illinois Administrative Procedure Act is |
amended by adding Sections 5-45.21, 5-45.22, 5-45.23, and |
5-45.26 as follows: |
(5 ILCS 100/5-45.21 new) |
Sec. 5-45.21. Emergency rulemaking; Mental Health and |
Developmental Disabilities Administrative Act. To provide for |
the expeditious and timely implementation of the changes made |
to Section 74 of the Mental Health and Developmental |
Disabilities Administrative Act by this amendatory Act of the |
102nd General Assembly, emergency rules implementing the |
changes made to Section 74 of the Mental Health and |
Developmental Disabilities Administrative Act by this |
amendatory Act of the 102nd General Assembly may be adopted in |
accordance with Section 5-45 by the Department of Human |
|
Services or other department essential to the implementation |
of the changes. The adoption of emergency rules authorized by |
Section 5-45 and this Section is deemed to be necessary for the |
public interest, safety, and welfare. |
This Section is repealed one year after the effective date |
of this amendatory Act of the 102nd General Assembly. |
(5 ILCS 100/5-45.22 new) |
Sec. 5-45.22. Emergency rulemaking; Illinois Public Aid |
Code. To provide for the expeditious and timely implementation |
of the changes made to Article 5 of the Illinois Public Aid |
Code by this amendatory Act of the 102nd General Assembly, |
emergency rules implementing the changes made to Article 5 of |
the Illinois Public Aid Code by this amendatory Act of the |
102nd General Assembly may be adopted in accordance with |
Section 5-45 by the Department of Healthcare and Family |
Services or other department essential to the implementation |
of the changes. The adoption of emergency rules authorized by |
Section 5-45 and this Section is deemed to be necessary for the |
public interest, safety, and welfare. |
This Section is repealed one year after the effective date |
of this amendatory Act of the 102nd General Assembly. |
(5 ILCS 100/5-45.23 new) |
Sec. 5-45.23. Emergency rulemaking; Medical services for |
certain noncitizens. To provide for the expeditious and timely |
|
implementation of the changes made to Article 12 of the |
Illinois Public Aid Code by this amendatory Act of the 102nd |
General Assembly, emergency rules implementing the changes |
made to Section 12-4.35 of the Illinois Public Aid Code by this |
amendatory Act of the 102nd General Assembly may be adopted in |
accordance with Section 5-45 by the Department of Healthcare |
and Family Services. The adoption of emergency rules |
authorized by Section 5-45 and this Section is deemed to be |
necessary for the public interest, safety, and welfare. |
This Section is repealed one year after the effective date |
of this amendatory Act of the 102nd General Assembly. |
(5 ILCS 100/5-45.26 new) |
Sec. 5-45.26. Emergency rulemaking. To provide for the |
expeditious and timely implementation of this amendatory Act |
of the 102nd General Assembly, emergency rules implementing |
Sections 605-1095 and 605-1100 of the Department of Commerce |
and Economic Opportunity Law of the Civil Administrative Code |
of Illinois may be adopted in accordance with Section 5-45 by |
the Department of Commerce and Economic Opportunity. The |
adoption of emergency rules authorized by Section 5-45 and |
this Section is deemed to be necessary for the public |
interest, safety, and welfare. |
This Section is repealed one year after the effective date |
of this amendatory Act of the 102nd General Assembly. |
|
Section 10-10. The Mental Health and Developmental |
Disabilities Administrative Act is amended by changing Section |
74 as follows: |
(20 ILCS 1705/74) |
Sec. 74. Rates and reimbursements. |
(a) Within 30 days after July 6, 2017 (the effective date |
of Public Act 100-23), the Department shall increase rates and |
reimbursements to fund a minimum of a $0.75 per hour wage |
increase for front-line personnel, including, but not limited |
to, direct support persons, aides, front-line supervisors, |
qualified intellectual disabilities professionals, nurses, and |
non-administrative support staff working in community-based |
provider organizations serving individuals with developmental |
disabilities. The Department shall adopt rules, including |
emergency rules under subsection (y) of Section 5-45 of the |
Illinois Administrative Procedure Act, to implement the |
provisions of this Section. |
(b) Rates and reimbursements. Within 30 days after the |
effective date of this amendatory Act of the 100th General |
Assembly, the Department shall increase rates and |
reimbursements to fund a minimum of a $0.50 per hour wage |
increase for front-line personnel, including, but not limited |
to, direct support persons, aides, front-line supervisors, |
qualified intellectual disabilities professionals, nurses, and |
non-administrative support staff working in community-based |
|
provider organizations serving individuals with developmental |
disabilities. The Department shall adopt rules, including |
emergency rules under subsection (bb) of Section 5-45 of the |
Illinois Administrative Procedure Act, to implement the |
provisions of this Section. |
(c) Rates and reimbursements. Within 30 days after the |
effective date of this amendatory Act of the 101st General |
Assembly, subject to federal approval, the Department shall |
increase rates and reimbursements in effect on June 30, 2019 |
for community-based providers for persons with Developmental |
Disabilities by 3.5% The Department shall adopt rules, |
including emergency rules under subsection (jj) of Section |
5-45 of the Illinois Administrative Procedure Act, to |
implement the provisions of this Section, including wage |
increases for direct care staff. |
(d) For community-based providers serving persons with |
intellectual/developmental disabilities, subject to federal |
approval of any relevant Waiver Amendment, the rates taking |
effect for services delivered on or after January 1, 2022, |
shall include an increase in the rate methodology sufficient |
to provide a $1.50 per hour wage increase for direct support |
personnel in residential settings and sufficient to provide |
wages for all residential non-executive direct care staff, |
excluding direct support personnel, at the federal Department |
of Labor, Bureau of Labor Statistics' average wage as defined |
in rule by the Department. |
|
The establishment of and any changes to the rate |
methodologies for community-based services provided to persons |
with intellectual/developmental disabilities are subject to |
federal approval of any relevant Waiver Amendment and shall be |
defined in rule by the Department. The Department shall adopt |
rules, including emergency rules as authorized by Section 5-45 |
of the Illinois Administrative Procedure Act, to implement the |
provisions of this subsection (d).
|
(e) For community-based providers serving persons with |
intellectual/developmental disabilities, subject to federal |
approval of any relevant Waiver Amendment, the rates taking |
effect for services delivered on or after January 1, 2023, |
shall include an increase in the rate methodology sufficient |
to provide a $1.00 per hour wage increase for all direct |
support personnel and all other frontline personnel who are |
not subject to the Bureau of Labor Statistics' average wage |
increases, who work in residential and community day services |
settings, with at least $0.50 of those funds to be provided as |
a direct increase to base wages, with the remaining $0.50 to be |
used flexibly for base wage increases. In addition, the rates |
taking effect for services delivered on or after January 1, |
2023 shall include an increase sufficient to provide wages for |
all residential non-executive direct care staff, excluding |
direct support personnel, at the federal Department of Labor, |
Bureau of Labor Statistics' average wage as defined in rule by |
the Department. |
|
The establishment of and any changes to the rate |
methodologies for community-based services provided to persons |
with intellectual/developmental disabilities are subject to |
federal approval of any relevant Waiver Amendment and shall be |
defined in rule by the Department. The Department shall adopt |
rules, including emergency rules as authorized by Section 5-45 |
of the Illinois Administrative Procedure Act, to implement the |
provisions of this subsection. |
(Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21.) |
Section 10-15. The Illinois Public Aid Code is amended by |
changing Sections 3-2.6 and 5-5.4 as follows: |
(305 ILCS 5/3-2.6) |
Sec. 3-2.6. Sheltered care rates. The Department of Human |
Services shall increase the sheltered care rates in effect on |
June 30, 2022 2008 , by 10%.
|
(Source: P.A. 95-780, eff. 8-5-08.)
|
(305 ILCS 5/5-5.4) (from Ch. 23, par. 5-5.4)
|
Sec. 5-5.4. Standards of Payment - Department of |
Healthcare and Family Services.
The Department of Healthcare |
and Family Services shall develop standards of payment of
|
nursing facility and ICF/DD services in facilities providing |
such services
under this Article which:
|
(1) Provide for the determination of a facility's payment
|
|
for nursing facility or ICF/DD services on a prospective |
basis.
The amount of the payment rate for all nursing |
facilities certified by the
Department of Public Health under |
the ID/DD Community Care Act or the Nursing Home Care Act as |
Intermediate
Care for the Developmentally Disabled facilities, |
Long Term Care for Under Age
22 facilities, Skilled Nursing |
facilities, or Intermediate Care facilities
under the
medical |
assistance program shall be prospectively established annually |
on the
basis of historical, financial, and statistical data |
reflecting actual costs
from prior years, which shall be |
applied to the current rate year and updated
for inflation, |
except that the capital cost element for newly constructed
|
facilities shall be based upon projected budgets. The annually |
established
payment rate shall take effect on July 1 in 1984 |
and subsequent years. No rate
increase and no
update for |
inflation shall be provided on or after July 1, 1994, unless |
specifically provided for in this
Section.
The changes made by |
Public Act 93-841
extending the duration of the prohibition |
against a rate increase or update for inflation are effective |
retroactive to July 1, 2004.
|
For facilities licensed by the Department of Public Health |
under the Nursing
Home Care Act as Intermediate Care for the |
Developmentally Disabled facilities
or Long Term Care for |
Under Age 22 facilities, the rates taking effect on July
1, |
1998 shall include an increase of 3%. For facilities licensed |
by the
Department of Public Health under the Nursing Home Care |
|
Act as Skilled Nursing
facilities or Intermediate Care |
facilities, the rates taking effect on July 1,
1998 shall |
include an increase of 3% plus $1.10 per resident-day, as |
defined by
the Department. For facilities licensed by the |
Department of Public Health under the Nursing Home Care Act as |
Intermediate Care Facilities for the Developmentally Disabled |
or Long Term Care for Under Age 22 facilities, the rates taking |
effect on January 1, 2006 shall include an increase of 3%.
For |
facilities licensed by the Department of Public Health under |
the Nursing Home Care Act as Intermediate Care Facilities for |
the Developmentally Disabled or Long Term Care for Under Age |
22 facilities, the rates taking effect on January 1, 2009 |
shall include an increase sufficient to provide a $0.50 per |
hour wage increase for non-executive staff. For facilities |
licensed by the Department of Public Health under the ID/DD |
Community Care Act as ID/DD Facilities the rates taking effect |
within 30 days after July 6, 2017 (the effective date of Public |
Act 100-23) shall include an increase sufficient to provide a |
$0.75 per hour wage increase for non-executive staff. The |
Department shall adopt rules, including emergency rules under |
subsection (y) of Section 5-45 of the Illinois Administrative |
Procedure Act, to implement the provisions of this paragraph. |
For facilities licensed by the Department of Public Health |
under the ID/DD Community Care Act as ID/DD Facilities and |
under the MC/DD Act as MC/DD Facilities, the rates taking |
effect within 30 days after the effective date of this |
|
amendatory Act of the 100th General Assembly shall include an |
increase sufficient to provide a $0.50 per hour wage increase |
for non-executive front-line personnel, including, but not |
limited to, direct support persons, aides, front-line |
supervisors, qualified intellectual disabilities |
professionals, nurses, and non-administrative support staff. |
The Department shall adopt rules, including emergency rules |
under subsection (bb) of Section 5-45 of the Illinois |
Administrative Procedure Act, to implement the provisions of |
this paragraph. |
For facilities licensed by the Department of Public Health |
under the
Nursing Home Care Act as Intermediate Care for the |
Developmentally Disabled
facilities or Long Term Care for |
Under Age 22 facilities, the rates taking
effect on July 1, |
1999 shall include an increase of 1.6% plus $3.00 per
|
resident-day, as defined by the Department. For facilities |
licensed by the
Department of Public Health under the Nursing |
Home Care Act as Skilled Nursing
facilities or Intermediate |
Care facilities, the rates taking effect on July 1,
1999 shall |
include an increase of 1.6% and, for services provided on or |
after
October 1, 1999, shall be increased by $4.00 per |
resident-day, as defined by
the Department.
|
For facilities licensed by the Department of Public Health |
under the
Nursing Home Care Act as Intermediate Care for the |
Developmentally Disabled
facilities or Long Term Care for |
Under Age 22 facilities, the rates taking
effect on July 1, |
|
2000 shall include an increase of 2.5% per resident-day,
as |
defined by the Department. For facilities licensed by the |
Department of
Public Health under the Nursing Home Care Act as |
Skilled Nursing facilities or
Intermediate Care facilities, |
the rates taking effect on July 1, 2000 shall
include an |
increase of 2.5% per resident-day, as defined by the |
Department.
|
For facilities licensed by the Department of Public Health |
under the
Nursing Home Care Act as skilled nursing facilities |
or intermediate care
facilities, a new payment methodology |
must be implemented for the nursing
component of the rate |
effective July 1, 2003. The Department of Public Aid
(now |
Healthcare and Family Services) shall develop the new payment |
methodology using the Minimum Data Set
(MDS) as the instrument |
to collect information concerning nursing home
resident |
condition necessary to compute the rate. The Department
shall |
develop the new payment methodology to meet the unique needs |
of
Illinois nursing home residents while remaining subject to |
the appropriations
provided by the General Assembly.
A |
transition period from the payment methodology in effect on |
June 30, 2003
to the payment methodology in effect on July 1, |
2003 shall be provided for a
period not exceeding 3 years and |
184 days after implementation of the new payment
methodology |
as follows:
|
(A) For a facility that would receive a lower
nursing |
component rate per patient day under the new system than |
|
the facility
received
effective on the date immediately |
preceding the date that the Department
implements the new |
payment methodology, the nursing component rate per |
patient
day for the facility
shall be held at
the level in |
effect on the date immediately preceding the date that the
|
Department implements the new payment methodology until a |
higher nursing
component rate of
reimbursement is achieved |
by that
facility.
|
(B) For a facility that would receive a higher nursing |
component rate per
patient day under the payment |
methodology in effect on July 1, 2003 than the
facility |
received effective on the date immediately preceding the |
date that the
Department implements the new payment |
methodology, the nursing component rate
per patient day |
for the facility shall be adjusted.
|
(C) Notwithstanding paragraphs (A) and (B), the |
nursing component rate per
patient day for the facility |
shall be adjusted subject to appropriations
provided by |
the General Assembly.
|
For facilities licensed by the Department of Public Health |
under the
Nursing Home Care Act as Intermediate Care for the |
Developmentally Disabled
facilities or Long Term Care for |
Under Age 22 facilities, the rates taking
effect on March 1, |
2001 shall include a statewide increase of 7.85%, as
defined |
by the Department.
|
Notwithstanding any other provision of this Section, for |
|
facilities licensed by the Department of Public Health under |
the
Nursing Home Care Act as skilled nursing facilities or |
intermediate care
facilities, except facilities participating |
in the Department's demonstration program pursuant to the |
provisions of Title 77, Part 300, Subpart T of the Illinois |
Administrative Code, the numerator of the ratio used by the |
Department of Healthcare and Family Services to compute the |
rate payable under this Section using the Minimum Data Set |
(MDS) methodology shall incorporate the following annual |
amounts as the additional funds appropriated to the Department |
specifically to pay for rates based on the MDS nursing |
component methodology in excess of the funding in effect on |
December 31, 2006: |
(i) For rates taking effect January 1, 2007, |
$60,000,000. |
(ii) For rates taking effect January 1, 2008, |
$110,000,000. |
(iii) For rates taking effect January 1, 2009, |
$194,000,000. |
(iv) For rates taking effect April 1, 2011, or the |
first day of the month that begins at least 45 days after |
the effective date of this amendatory Act of the 96th |
General Assembly, $416,500,000 or an amount as may be |
necessary to complete the transition to the MDS |
methodology for the nursing component of the rate. |
Increased payments under this item (iv) are not due and |
|
payable, however, until (i) the methodologies described in |
this paragraph are approved by the federal government in |
an appropriate State Plan amendment and (ii) the |
assessment imposed by Section 5B-2 of this Code is |
determined to be a permissible tax under Title XIX of the |
Social Security Act. |
Notwithstanding any other provision of this Section, for |
facilities licensed by the Department of Public Health under |
the Nursing Home Care Act as skilled nursing facilities or |
intermediate care facilities, the support component of the |
rates taking effect on January 1, 2008 shall be computed using |
the most recent cost reports on file with the Department of |
Healthcare and Family Services no later than April 1, 2005, |
updated for inflation to January 1, 2006. |
For facilities licensed by the Department of Public Health |
under the
Nursing Home Care Act as Intermediate Care for the |
Developmentally Disabled
facilities or Long Term Care for |
Under Age 22 facilities, the rates taking
effect on April 1, |
2002 shall include a statewide increase of 2.0%, as
defined by |
the Department.
This increase terminates on July 1, 2002;
|
beginning July 1, 2002 these rates are reduced to the level of |
the rates
in effect on March 31, 2002, as defined by the |
Department.
|
For facilities licensed by the Department of Public Health |
under the
Nursing Home Care Act as skilled nursing facilities |
or intermediate care
facilities, the rates taking effect on |
|
July 1, 2001 shall be computed using the most recent cost |
reports
on file with the Department of Public Aid no later than |
April 1, 2000,
updated for inflation to January 1, 2001. For |
rates effective July 1, 2001
only, rates shall be the greater |
of the rate computed for July 1, 2001
or the rate effective on |
June 30, 2001.
|
Notwithstanding any other provision of this Section, for |
facilities
licensed by the Department of Public Health under |
the Nursing Home Care Act
as skilled nursing facilities or |
intermediate care facilities, the Illinois
Department shall |
determine by rule the rates taking effect on July 1, 2002,
|
which shall be 5.9% less than the rates in effect on June 30, |
2002.
|
Notwithstanding any other provision of this Section, for |
facilities
licensed by the Department of Public Health under |
the Nursing Home Care Act as
skilled nursing
facilities or |
intermediate care facilities, if the payment methodologies |
required under Section 5A-12 and the waiver granted under 42 |
CFR 433.68 are approved by the United States Centers for |
Medicare and Medicaid Services, the rates taking effect on |
July 1, 2004 shall be 3.0% greater than the rates in effect on |
June 30, 2004. These rates shall take
effect only upon |
approval and
implementation of the payment methodologies |
required under Section 5A-12.
|
Notwithstanding any other provisions of this Section, for |
facilities licensed by the Department of Public Health under |
|
the Nursing Home Care Act as skilled nursing facilities or |
intermediate care facilities, the rates taking effect on |
January 1, 2005 shall be 3% more than the rates in effect on |
December 31, 2004.
|
Notwithstanding any other provision of this Section, for |
facilities licensed by the Department of Public Health under |
the Nursing Home Care Act as skilled nursing facilities or |
intermediate care facilities, effective January 1, 2009, the |
per diem support component of the rates effective on January |
1, 2008, computed using the most recent cost reports on file |
with the Department of Healthcare and Family Services no later |
than April 1, 2005, updated for inflation to January 1, 2006, |
shall be increased to the amount that would have been derived |
using standard Department of Healthcare and Family Services |
methods, procedures, and inflators. |
Notwithstanding any other provisions of this Section, for |
facilities licensed by the Department of Public Health under |
the Nursing Home Care Act as intermediate care facilities that |
are federally defined as Institutions for Mental Disease, or |
facilities licensed by the Department of Public Health under |
the Specialized Mental Health Rehabilitation Act of 2013, a |
socio-development component rate equal to 6.6% of the |
facility's nursing component rate as of January 1, 2006 shall |
be established and paid effective July 1, 2006. The |
socio-development component of the rate shall be increased by |
a factor of 2.53 on the first day of the month that begins at |
|
least 45 days after January 11, 2008 (the effective date of |
Public Act 95-707). As of August 1, 2008, the |
socio-development component rate shall be equal to 6.6% of the |
facility's nursing component rate as of January 1, 2006, |
multiplied by a factor of 3.53. For services provided on or |
after April 1, 2011, or the first day of the month that begins |
at least 45 days after the effective date of this amendatory |
Act of the 96th General Assembly, whichever is later, the |
Illinois Department may by rule adjust these socio-development |
component rates, and may use different adjustment |
methodologies for those facilities participating, and those |
not participating, in the Illinois Department's demonstration |
program pursuant to the provisions of Title 77, Part 300, |
Subpart T of the Illinois Administrative Code, but in no case |
may such rates be diminished below those in effect on August 1, |
2008.
|
For facilities
licensed
by the
Department of Public Health |
under the Nursing Home Care Act as Intermediate
Care for
the |
Developmentally Disabled facilities or as long-term care |
facilities for
residents under 22 years of age, the rates |
taking effect on July 1,
2003 shall
include a statewide |
increase of 4%, as defined by the Department.
|
For facilities licensed by the Department of Public Health |
under the
Nursing Home Care Act as Intermediate Care for the |
Developmentally Disabled
facilities or Long Term Care for |
Under Age 22 facilities, the rates taking
effect on the first |
|
day of the month that begins at least 45 days after the |
effective date of this amendatory Act of the 95th General |
Assembly shall include a statewide increase of 2.5%, as
|
defined by the Department. |
Notwithstanding any other provision of this Section, for |
facilities licensed by the Department of Public Health under |
the Nursing Home Care Act as skilled nursing facilities or |
intermediate care facilities, effective January 1, 2005, |
facility rates shall be increased by the difference between |
(i) a facility's per diem property, liability, and malpractice |
insurance costs as reported in the cost report filed with the |
Department of Public Aid and used to establish rates effective |
July 1, 2001 and (ii) those same costs as reported in the |
facility's 2002 cost report. These costs shall be passed |
through to the facility without caps or limitations, except |
for adjustments required under normal auditing procedures.
|
Rates established effective each July 1 shall govern |
payment
for services rendered throughout that fiscal year, |
except that rates
established on July 1, 1996 shall be |
increased by 6.8% for services
provided on or after January 1, |
1997. Such rates will be based
upon the rates calculated for |
the year beginning July 1, 1990, and for
subsequent years |
thereafter until June 30, 2001 shall be based on the
facility |
cost reports
for the facility fiscal year ending at any point |
in time during the previous
calendar year, updated to the |
midpoint of the rate year. The cost report
shall be on file |
|
with the Department no later than April 1 of the current
rate |
year. Should the cost report not be on file by April 1, the |
Department
shall base the rate on the latest cost report filed |
by each skilled care
facility and intermediate care facility, |
updated to the midpoint of the
current rate year. In |
determining rates for services rendered on and after
July 1, |
1985, fixed time shall not be computed at less than zero. The
|
Department shall not make any alterations of regulations which |
would reduce
any component of the Medicaid rate to a level |
below what that component would
have been utilizing in the |
rate effective on July 1, 1984.
|
(2) Shall take into account the actual costs incurred by |
facilities
in providing services for recipients of skilled |
nursing and intermediate
care services under the medical |
assistance program.
|
(3) Shall take into account the medical and psycho-social
|
characteristics and needs of the patients.
|
(4) Shall take into account the actual costs incurred by |
facilities in
meeting licensing and certification standards |
imposed and prescribed by the
State of Illinois, any of its |
political subdivisions or municipalities and by
the U.S. |
Department of Health and Human Services pursuant to Title XIX |
of the
Social Security Act.
|
The Department of Healthcare and Family Services
shall |
develop precise standards for
payments to reimburse nursing |
facilities for any utilization of
appropriate rehabilitative |
|
personnel for the provision of rehabilitative
services which |
is authorized by federal regulations, including
reimbursement |
for services provided by qualified therapists or qualified
|
assistants, and which is in accordance with accepted |
professional
practices. Reimbursement also may be made for |
utilization of other
supportive personnel under appropriate |
supervision.
|
The Department shall develop enhanced payments to offset |
the additional costs incurred by a
facility serving |
exceptional need residents and shall allocate at least |
$4,000,000 of the funds
collected from the assessment |
established by Section 5B-2 of this Code for such payments. |
For
the purpose of this Section, "exceptional needs" means, |
but need not be limited to, ventilator care and traumatic |
brain injury care. The enhanced payments for exceptional need |
residents under this paragraph are not due and payable, |
however, until (i) the methodologies described in this |
paragraph are approved by the federal government in an |
appropriate State Plan amendment and (ii) the assessment |
imposed by Section 5B-2 of this Code is determined to be a |
permissible tax under Title XIX of the Social Security Act. |
Beginning January 1, 2014 the methodologies for |
reimbursement of nursing facility services as provided under |
this Section 5-5.4 shall no longer be applicable for services |
provided on or after January 1, 2014. |
No payment increase under this Section for the MDS |
|
methodology, exceptional care residents, or the |
socio-development component rate established by Public Act |
96-1530 of the 96th General Assembly and funded by the |
assessment imposed under Section 5B-2 of this Code shall be |
due and payable until after the Department notifies the |
long-term care providers, in writing, that the payment |
methodologies to long-term care providers required under this |
Section have been approved by the Centers for Medicare and |
Medicaid Services of the U.S. Department of Health and Human |
Services and the waivers under 42 CFR 433.68 for the |
assessment imposed by this Section, if necessary, have been |
granted by the Centers for Medicare and Medicaid Services of |
the U.S. Department of Health and Human Services. Upon |
notification to the Department of approval of the payment |
methodologies required under this Section and the waivers |
granted under 42 CFR 433.68, all increased payments otherwise |
due under this Section prior to the date of notification shall |
be due and payable within 90 days of the date federal approval |
is received. |
On and after July 1, 2012, the Department shall reduce any |
rate of reimbursement for services or other payments or alter |
any methodologies authorized by this Code to reduce any rate |
of reimbursement for services or other payments in accordance |
with Section 5-5e. |
For facilities licensed by the Department of Public Health |
under the ID/DD Community Care Act as ID/DD Facilities and |
|
under the MC/DD Act as MC/DD Facilities, subject to federal |
approval, the rates taking effect for services delivered on or |
after August 1, 2019 shall be increased by 3.5% over the rates |
in effect on June 30, 2019. The Department shall adopt rules, |
including emergency rules under subsection (ii) of Section |
5-45 of the Illinois Administrative Procedure Act, to |
implement the provisions of this Section, including wage |
increases for direct care staff. |
For facilities licensed by the Department of Public Health |
under the ID/DD Community Care Act as ID/DD Facilities and |
under the MC/DD Act as MC/DD Facilities, subject to federal |
approval, the rates taking effect on the latter of the |
approval date of the State Plan Amendment for these facilities |
or the Waiver Amendment for the home and community-based |
services settings shall include an increase sufficient to |
provide a $0.26 per hour wage increase to the base wage for |
non-executive staff. The Department shall adopt rules, |
including emergency rules as authorized by Section 5-45 of the |
Illinois Administrative Procedure Act, to implement the |
provisions of
this Section, including wage increases for |
direct care staff. |
For facilities licensed by the Department of Public Health |
under the ID/DD Community Care Act as ID/DD Facilities and |
under the MC/DD Act as MC/DD Facilities, subject to federal |
approval of the State Plan Amendment and the Waiver Amendment |
for the home and community-based services settings, the rates |
|
taking effect for the services delivered on or after July 1, |
2020 shall include an increase sufficient to provide a $1.00 |
per hour wage increase for non-executive staff. For services |
delivered on or after January 1, 2021, subject to federal |
approval of the State Plan Amendment and the Waiver Amendment |
for the home and community-based services settings, shall |
include an increase sufficient to provide a $0.50 per hour |
increase for non-executive staff. The Department shall adopt |
rules, including emergency rules as authorized by Section 5-45 |
of the Illinois Administrative Procedure Act, to implement the |
provisions of this Section, including wage increases for |
direct care staff. |
For facilities licensed by the Department of Public Health |
under the ID/DD Community Care Act as ID/DD Facilities and |
under the MC/DD Act as MC/DD Facilities, subject to federal |
approval of the State Plan Amendment, the rates taking effect |
for the residential services delivered on or after July 1, |
2021, shall include an increase sufficient to provide a $0.50 |
per hour increase for aides in the rate methodology. For |
facilities licensed by the Department of Public Health under |
the ID/DD Community Care Act as ID/DD Facilities and under the |
MC/DD Act as MC/DD Facilities, subject to federal approval of |
the State Plan Amendment, the rates taking effect for the |
residential services delivered on or after January 1, 2022 |
shall include an increase sufficient to provide a $1.00 per |
hour increase for aides in the rate methodology. In addition, |
|
for residential services delivered on or after January 1, 2022 |
such rates shall include an increase sufficient to provide |
wages for all residential non-executive direct care staff, |
excluding aides, at the federal Department of Labor, Bureau of |
Labor Statistics' average wage as defined in rule by the |
Department. The Department shall adopt rules, including |
emergency rules as authorized by Section 5-45 of the Illinois |
Administrative Procedure Act, to implement the provisions of |
this Section. |
For facilities licensed by the Department of Public Health |
under the ID/DD Community Care Act as ID/DD facilities and |
under the MC/DD Act as MC/DD facilities, subject to federal |
approval of the State Plan Amendment, the rates taking effect |
for services delivered on or after January 1, 2023, shall |
include a $1.00 per hour wage increase for all direct support |
personnel and all other frontline personnel who are not |
subject to the Bureau of Labor Statistics' average wage |
increases, who work in residential and community day services |
settings, with at least $0.50 of those funds to be provided as |
a direct increase to all aide base wages, with the remaining |
$0.50 to be used flexibly for base wage increases to the rate |
methodology for aides. In addition, for residential services |
delivered on or after January 1, 2023 the rates shall include |
an increase sufficient to provide wages for all residential |
non-executive direct care staff, excluding aides, at the |
federal Department of Labor, Bureau of Labor Statistics' |
|
average wage as determined by the Department. Also, for |
services delivered on or after January 1, 2023, the rates will |
include adjustments to employment-related expenses as defined |
in rule by the Department. The Department shall adopt rules, |
including emergency rules as authorized by Section 5-45 of the |
Illinois Administrative Procedure Act, to implement the |
provisions of this Section. |
(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
102-16, eff. 6-17-21.) |
ARTICLE 15. |
Section 15-2. The Counties Code is amended by adding |
Section 3-6007.5 as follows: |
(55 ILCS 5/3-6007.5 new) |
Sec. 3-6007.5. Sheriff's salary. |
(a) As used in this Section, "salary" is exclusive of any |
other compensation or benefits. |
(b) The salary of a sheriff elected or appointed after the |
effective date of this amendatory Act of the 102nd General |
Assembly in a non-home rule county shall not be less than 80% |
of the salary set for the State's Attorney under Section |
4-2001 for the county in which the sheriff is elected or |
appointed. |
(c) The State shall furnish 66 2/3% of the total annual |
|
salary to be paid to a sheriff. Said amounts furnished by the |
State shall be payable monthly by the Department of Revenue |
out of the Personal Property Tax Replacement Fund or the |
General Revenue Fund to the county in which the sheriff is |
elected or appointed. The county shall furnish 33 1/3% of the |
total annual salary. |
Section 15-5. The School Code is amended by changing |
Section 10-22.36 and by adding Section 13-44.6 as follows:
|
(105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)
|
Sec. 10-22.36. Buildings for school purposes. |
(a) To build or purchase a building for school classroom |
or
instructional purposes upon the approval of a majority of |
the voters upon the
proposition at a referendum held for such |
purpose or in accordance with
Section 17-2.11, 19-3.5, or |
19-3.10. The board may initiate such referendum by resolution.
|
The board shall certify the resolution and proposition to the |
proper
election authority for submission in accordance with |
the general election law.
|
The questions of building one or more new buildings for |
school
purposes or office facilities, and issuing bonds for |
the purpose of
borrowing money to purchase one or more |
buildings or sites for such
buildings or office sites, to |
build one or more new buildings for school
purposes or office |
facilities or to make additions and improvements to
existing |
|
school buildings, may be combined into one or more |
propositions
on the ballot.
|
Before erecting, or purchasing or remodeling such a |
building the
board shall submit the plans and specifications |
respecting heating,
ventilating, lighting, seating, water |
supply, toilets and safety against
fire to the regional |
superintendent of schools having supervision and
control over |
the district, for approval in accordance with Section 2-3.12.
|
Notwithstanding any of the foregoing, no referendum shall |
be required
if the purchase, construction, or building of any
|
such
building (1) occurs while the building is being
leased by |
the school district or (2) is paid with (A) funds
derived from |
the sale or disposition of other buildings, land, or
|
structures of the school district or (B) funds received (i) as |
a
grant under the
School Construction Law or (ii) as gifts or |
donations,
provided that no funds to purchase, construct, or |
build such building, other than lease
payments, are
derived |
from the district's bonded indebtedness or the tax levy of
the
|
district. |
Notwithstanding any of the foregoing, no referendum shall |
be required if the purchase, construction, or building of any |
such building is paid with funds received from the County |
School Facility and Resources Occupation Tax Law under Section |
5-1006.7 of the Counties Code or from the proceeds of bonds or |
other debt obligations secured by revenues obtained from that |
Law. |
|
Notwithstanding any of the foregoing, for Decatur School |
District Number 61, no referendum shall be required if at |
least 50% of the cost of the purchase, construction, or |
building of any such building is paid, or will be paid, with |
funds received or expected to be received as part of, or |
otherwise derived from, any COVID-19 pandemic relief program |
or funding source, including, but not limited to, Elementary |
and Secondary School Emergency Relief Fund grant proceeds. |
(b) Notwithstanding the provisions of subsection (a), for |
any school district: (i) that is a tier 1 school, (ii) that has |
a population of less than 50,000 inhabitants, (iii) whose |
student population is between 5,800 and 6,300, (iv) in which |
57% to 62% of students are low-income, and (v) whose average |
district spending is between $10,000 to $12,000 per pupil, |
until July 1, 2025, no referendum shall be required if at least |
50% 70% of the cost of the purchase, construction, or building |
of any such building is paid, or will be paid, with funds |
received or expected to be received as part of, or otherwise |
derived from, the federal Consolidated Appropriations Act and |
the federal American Rescue Plan Act of 2021. |
For this subsection (b), the school board must hold at |
least 2 public hearings, the sole purpose of which shall be to |
discuss the decision to construct a school building and to |
receive input from the community. The notice of each public |
hearing that sets forth the time, date, place, and name or |
description of the school building that the school board is |
|
considering constructing must be provided at least 10 days |
prior to the hearing by publication on the school board's |
Internet website.
|
(Source: P.A. 101-455, eff. 8-23-19; 102-16, eff. 6-17-21.)
|
(105 ILCS 5/13-44.6 new) |
Sec. 13-44.6. Department of Juvenile Justice Reimbursement |
and Education Fund; budget. Beginning July 1, 2022, all moneys |
received by the Department of Juvenile Justice from the Common |
School Fund, federal aid and grants, vocational and |
educational funds and grants, and gifts and grants by |
individuals, foundations and corporations for educational |
purposes shall be deposited into the Department of Juvenile |
Justice Reimbursement and Education Fund in the State |
Treasury. Moneys in the Department of Juvenile Justice |
Reimbursement and Education Fund may be used, subject to |
appropriation, to pay the expense of the schools and school |
district of the Department of Juvenile Justice together with |
and supplemental to regular appropriations to the Department |
for educational purposes, including, but not limited to, the |
cost of teacher salaries, supplies and materials, building |
upkeep and costs, transportation, scholarships, non-academic |
salaries, contractual services, equipment, and other school |
costs. |
Section 15-10. The Unified Code of Corrections is amended |
|
by changing Section 3-4-1 as follows:
|
(730 ILCS 5/3-4-1) (from Ch. 38, par. 1003-4-1)
|
Sec. 3-4-1. Gifts and Grants; Special Trusts Funds; |
Department of
Corrections Reimbursement and Education Fund. |
(a) The Department may accept, receive and use, for and in |
behalf of the
State, any moneys, goods or services given for |
general purposes of this
Code by the federal government or |
from any other source, public
or private, including |
collections from inmates, reimbursement of payments
under the |
Workers' Compensation Act, and commissions from inmate collect |
call
telephone systems under an agreement with the Department |
of Central Management
Services. For these purposes the |
Department may comply with such
conditions and enter into such |
agreements upon such covenants, terms, and
conditions as the |
Department may deem necessary or desirable, if the
agreement |
is not in conflict with State law.
|
(a-5) Beginning January 1, 2018, the Department of Central |
Management Services shall contract with the
qualified vendor |
who proposes the lowest per minute rate not exceeding 7 cents |
per minute for
debit, prepaid, collect calls and who does not |
bill to any party any tax, service charge, or additional fee
|
exceeding the per minute rate, including, but not limited to, |
any per call surcharge, account set up
fee, bill statement |
fee, monthly account maintenance charge, or refund fee as |
established by the
Federal Communications Commission Order for |
|
state prisons in the Matter of Rates for Interstate
Inmate |
Calling Services, Second Report and Order, WC Docket 12-375, |
FCC 15-136 (adopted Oct. 22,
2015). Telephone services made |
available through a prepaid or collect call system shall
|
include international calls; those calls shall be made |
available at reasonable rates subject to Federal
|
Communications Commission rules and regulations, but not to |
exceed 23 cents per minute. Public Act 99-878 This amendatory |
Act of the 99th General Assembly applies to any new or renewal |
contract for inmate calling services. |
(b) On July 1, 1998, the Department of Corrections |
Reimbursement Fund
and the Department of Corrections Education |
Fund shall be combined into a
single fund to be known as the |
Department of Corrections Reimbursement and
Education Fund, |
which is hereby created as a special fund in the State
|
Treasury. The moneys deposited into the Department of |
Corrections
Reimbursement and Education Fund shall be |
appropriated to the
Department of Corrections for the expenses |
of the Department.
|
The following shall be deposited into the Department of |
Corrections
Reimbursement and Education Fund:
|
(i) Moneys received or recovered by the Department of |
Corrections as
reimbursement for expenses incurred for the |
incarceration of committed persons.
|
(ii) Moneys received or recovered by the Department as |
reimbursement
of payments made under the Workers' |
|
Compensation Act.
|
(iii) Moneys received by the Department as commissions |
from inmate
collect call telephone systems.
|
(iv) Moneys received or recovered by the Department as |
reimbursement for
expenses incurred by the employment of |
persons referred to the Department as
participants in the |
federal Job Training Partnership Act programs.
|
(v) Federal moneys, including reimbursement and |
advances for
services rendered or to be rendered and |
moneys for other than educational
purposes, under grant or |
contract.
|
(vi) Moneys identified for deposit into the Fund under |
Section 13-44.4
of the School Code.
|
(vii) Moneys in the Department of Corrections |
Reimbursement Fund and
the Department of Corrections |
Education Fund at the close of business
on June 30, 1998. |
(c) The Department of Juvenile Justice Reimbursement and |
Education Fund is created as a special fund in the State |
Treasury. The moneys deposited into the Department of Juvenile |
Justice Reimbursement Fund and Education shall be appropriated |
to the Department of Juvenile Justice for the expenses of the |
Department. The following moneys shall be deposited into the |
Department of Juvenile Justice Reimbursement Fund and |
Education Fund: |
(i) received or recovered by the Department of |
Juvenile Justice as reimbursement for expenses incurred |
|
for the incarceration of committed youth; |
(ii) received or recovered by the Department as |
reimbursement of payments made under the Workers' |
Compensation Act; |
(iii) received or recovered by the Department as |
reimbursement for expenses incurred by the employment of |
persons referred to the Department as participants in the |
federal Job Training Partnership Act programs; |
(iv) federal moneys, including reimbursement and |
advances for services rendered or to be rendered and |
moneys for other than educational purposes, under grant or |
contract; and |
(v) moneys identified for deposit into the Fund under |
Section 13-44.6 13-44.4 of the School Code.
|
(Source: P.A. 102-350, eff. 8-13-21.)
|
Article 20. |
Section 20-1. Short title. This Article may be cited as |
the Rebuild Illinois Mental Health Workforce Act. References |
in this Article to "this Act" mean this Article. |
Section 20-5. Purpose. The purpose of this Act is to |
preserve and expand access to Medicaid community mental health |
care in Illinois to prevent unnecessary hospitalizations and |
avoid the criminalization of mental health conditions. |
|
Section 20-10. Medicaid funding for community mental |
health services. Medicaid funding for the specific community |
mental health services listed in this Act shall be adjusted |
and paid as set forth in this Act. Such payments shall be paid |
in addition to the base Medicaid reimbursement rate and add-on |
payment rates per service unit. The payment adjustments shall |
begin on July 1, 2022 for State Fiscal Year 2023 and shall |
continue for every State fiscal year thereafter. |
(1) Individual Therapy Medicaid Payment rate for |
services provided under the H0004 Code: |
(A) The Medicaid total payment rate for individual |
therapy provided by a qualified mental health |
professional shall be increased by no less than $9 per |
service unit. |
(B) The Medicaid total payment rate for individual |
therapy provided by a mental health professional shall |
be increased by no less then $9 per service unit. |
(2) Community Support - Individual Medicaid Payment |
rate for services provided under the H2015 Code: All |
community support - individual services shall be increased |
by no less than $15 per service unit. |
(3) Case Management Medicaid Add-on Payment for |
services provided under the T1016 code: All case |
management services rates shall be increased by no less |
than $15 per service unit. |
|
(4) Assertive Community Treatment Medicaid Add-on |
Payment for services provided under the H0039 code: The |
Medicaid total payment rate for assertive community |
treatment services shall increase by no less than $8 per |
service unit. |
(5) Medicaid user-based directed payments. |
(A) For each State fiscal year, a monthly directed |
payment shall be paid to a community mental health |
provider of community support team services based on |
the number of Medicaid users of community support team |
services documented by Medicaid fee-for-service and |
managed care encounter claims delivered by that |
provider in the base year. The Department of |
Healthcare and Family Services shall make the monthly |
directed payment to each provider entitled to directed |
payments under this Act by no later than the last day |
of each month throughout each State fiscal year. |
(i) The monthly directed payment for a |
community support team provider shall be |
calculated as follows: The sum total number of |
individual Medicaid users of community support |
team services delivered by that provider |
throughout the base year, multiplied by $4,200 per |
Medicaid user, divided into 12 equal monthly |
payments for the State fiscal year. |
(ii) As used in this subparagraph, "user" |
|
means an individual who received at least 200 |
units of community support team services (H2016) |
during the base year. |
(B) For each State fiscal year, a monthly directed |
payment shall be paid to each community mental health |
provider of assertive community treatment services |
based on the number of Medicaid users of assertive |
community treatment services documented by Medicaid |
fee-for-service and managed care encounter claims |
delivered by the provider in the base year. |
(i) The monthly direct payment for an |
assertive community treatment provider shall be |
calculated as follows: The sum total number of |
Medicaid users of assertive community treatment |
services provided by that provider throughout the |
base year, multiplied by $6,000 per Medicaid user, |
divided into 12 equal monthly payments for that |
State fiscal year. |
(ii) As used in this subparagraph, "user" |
means an individual that received at least 300 |
units of assertive community treatment services |
during the base year. |
(C) The base year for directed payments under this |
Section shall be calendar year 2019 for State Fiscal |
Year 2023 and State Fiscal Year 2024. For the State |
fiscal year beginning on July 1, 2024, and for every |
|
State fiscal year thereafter, the base year shall be |
the calendar year that ended 18 months prior to the |
start of the State fiscal year in which payments are |
made. |
Section 20-15. Applicable Medicaid services. The payments |
listed in Section 20-10 shall apply to Medicaid services |
provided through contracts with any Medicaid managed care |
organization or entity and for Medicaid services paid for |
directly by the Department of Healthcare and Family Services. |
Section 20-20. Base Medicaid rates or add-on payments. No |
base Medicaid rate or Medicaid rate add-on payment or any |
other payment for the provision of Medicaid community mental |
health services in place on July 1, 2021 shall be diminished or |
changed to make the reimbursement changes required by this |
Act. Any payments required under this Act that are delayed due |
to implementation challenges or federal approval shall be made |
retroactive to July 1, 2022 for the full amount required by |
this Act regardless of the amount a provider bills Illinois' |
Medical Assistance Program (via a Medicaid managed care |
organization or the Department of Healthcare and Family |
Services directly) for such services. |
Section 20-25. Federal approval and Medicaid federal |
financial participation. The Department of Healthcare and |
|
Family Services shall submit any necessary application to the |
federal Centers for Medicare and Medicaid Services immediately |
following the effective date of this Act for purposes of |
implementation of this Act. The payments required under this |
Act shall only be required as long as Illinois receives |
federal financial participation for such payments. |
Article 25. |
Section 25-1. Short title. This Article may be cited as |
the Substance Use Disorder Rate Equity Act. |
Section 25-5. Funding for licensed or certified
|
community-based substance use disorder treatment providers and |
services. Beginning in State Fiscal Year 2023, and every State |
fiscal year thereafter, the
General Assembly shall appropriate |
sufficient funds to the
Department of Human Services for |
reimbursement rates for
licensed or certified community-based |
substance use disorder
treatment providers and services under |
community service grant programs for
persons with substance |
use disorders, including, but not limited to, all of the |
following services: |
(1) Admission and Discharge Assessment. |
(2) Level 1 (Individual). |
(3) Level 1 (Group). |
(4) Level 2 (Individual). |
|
(5) Level 2 (Group). |
(6) Case Management. |
(7) Psychiatric Evaluation. |
(8) Medication Assisted Recovery. |
(9) Community Intervention. |
(10) Early Intervention (Individual). |
(11) Early Intervention (Group). |
Reimbursement rates for such services shall be adjusted |
upward by an amount equal to the Consumer
Price Index-U from |
the previous year, not to exceed 2% in any
State fiscal year. |
If there is a decrease in the Consumer Price
Index-U, rates |
shall remain unchanged for that State fiscal year.
The |
Department shall adopt rules, including emergency rules
in |
accordance with the Illinois Administrative Procedure Act,
to |
implement the provisions of this Section.
|
For the purposes of this Section, "consumer price index-u" |
means the index published by the Bureau of Labor Statistics of
|
the United States Department of Labor that measures the |
average
change in prices of goods and services purchased by |
all urban
consumers, United States city average, all items, |
1982-84 =
100. |
Article 26. |
Section 26-5. The Illinois Administrative Procedure Act is |
amended by adding Section 5-45.24 as follows: |
|
(5 ILCS 100/5-45.24 new) |
Sec. 5-45.24. Emergency rulemaking; Departments of
|
Healthcare and Family Services and Human Services. To provide |
for the expeditious and timely implementation of the Substance |
Use Disorder Rate Equity Act,
Section 55-30 of the Substance |
Use Disorder Act,
and Section 5-5.05a of the Illinois Public
|
Aid Code, emergency rules implementing the Substance Use |
Disorder Rate Equity Act and changes made to Section 55-30 of |
the Substance Use Disorder Act
and Section 5-5.05a of the |
Illinois Public
Aid Code may be adopted in accordance with |
Section 5-45 by the respective Department. The adoption of |
emergency rules authorized by Section 5-45 and this Section is |
deemed to be necessary for the public interest, safety, and |
welfare. |
This Section is repealed one year after the effective date |
of this amendatory Act of the 102nd General Assembly. |
Section 26-10. The Substance Use Disorder Act is amended |
by changing Section 55-30 as follows: |
(20 ILCS 301/55-30) |
Sec. 55-30. Rate increase. |
(a) The Department shall by rule develop the increased |
rate methodology and annualize the increased rate beginning |
with State fiscal year 2018 contracts to licensed providers of |
|
community-based substance use disorder intervention or |
treatment, based on the additional amounts appropriated for |
the purpose of providing a rate increase to licensed |
providers. The Department shall adopt rules, including |
emergency rules under subsection (y) of Section 5-45 of the |
Illinois Administrative Procedure Act, to implement the |
provisions of this Section.
|
(b) (Blank). Within 30 days after June 4, 2018 (the |
effective date of Public Act 100-587), the Division of |
Substance Use Prevention and Recovery shall apply an increase |
in rates of 3% above the rate paid on June 30, 2017 to all |
Medicaid and non-Medicaid reimbursable service rates. The |
Department shall adopt rules, including emergency rules under |
subsection (bb) of Section 5-45 of the Illinois Administrative |
Procedure Act, to implement the provisions of this subsection |
(b). |
(c) Beginning on July 1, 2022, the Division of Substance
|
Use Prevention and Recovery shall increase reimbursement rates
|
for all community-based substance use disorder treatment and
|
intervention services by 47%, including, but not limited to, |
all of the following: |
(1) Admission and Discharge Assessment. |
(2) Level 1 (Individual). |
(3) Level 1 (Group). |
(4) Level 2 (Individual). |
(5) Level 2 (Group). |
|
(6) Case Management. |
(7) Psychiatric Evaluation. |
(8) Medication Assisted Recovery. |
(9) Community Intervention. |
(10) Early Intervention (Individual). |
(11) Early Intervention (Group). |
Beginning in State Fiscal Year 2023, and every State |
fiscal year thereafter,
reimbursement rates for those
|
community-based substance use disorder treatment and
|
intervention services shall be adjusted upward by an amount
|
equal to the Consumer Price Index-U from the previous year,
|
not to exceed 2% in any State fiscal year. If there is a |
decrease
in the Consumer Price Index-U, rates shall remain |
unchanged
for that State fiscal year. The Department shall |
adopt rules,
including emergency rules in accordance with the |
Illinois Administrative Procedure Act, to implement the |
provisions
of this Section. |
As used in this subsection, "consumer price
index-u" means |
the index published by the Bureau of Labor
Statistics of the |
United States Department of Labor that
measures the average |
change in prices of goods and services
purchased by all urban |
consumers, United States city average,
all items, 1982-84 = |
100. |
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; |
100-759, eff. 1-1-19; 101-81, eff. 7-12-19.) |
|
Section 26-15. Illinois Public Aid Code is amended by |
adding Section 5-45 as follows: |
(305 ILCS 5/5-45 new) |
Sec. 5-45. Reimbursement rates; substance use disorder
|
treatment providers and facilities. Beginning on July 1, 2022,
|
the Department of Human Services' Division of Substance Use
|
Prevention and Recovery in conjunction with the Department of
|
Healthcare and Family Services, shall provide for an increase
|
in reimbursement rates by way of an increase to existing rates |
of
47% for all community-based substance use disorder |
treatment
services, including, but not limited to, all of the |
following: |
(1) Admission and Discharge Assessment. |
(2) Level 1 (Individual). |
(3) Level 1 (Group). |
(4) Level 2 (Individual). |
(5) Level 2 (Group). |
(6) Psychiatric/Diagnostic. |
(7) Medication Monitoring (Individual). |
(8) Methadone as an Adjunct to Treatment. |
No existing or future reimbursement rates or add-ons shall |
be
reduced or changed to address the rate increase proposed |
under this Section.
The Department of Healthcare and Family |
Services shall immediately,
no later than 3 months following |
the effective date of this amendatory Act of the 102nd General |
|
Assembly,
submit any necessary application to the federal |
Centers for Medicare
and Medicaid Services for a waiver or |
State Plan amendment to implement the requirements of this |
Section.
Beginning in State Fiscal year 2023, and every State |
fiscal year thereafter,
reimbursement rates for those |
community-based substance use disorder
treatment services |
shall be adjusted upward by an amount equal
to the Consumer |
Price Index-U from the previous year, not to
exceed 2% in any |
State fiscal year. If there is a decrease in
the Consumer Price |
Index-U, rates shall remain unchanged for
that State fiscal |
year. The Department of Human Services shall adopt rules,
|
including emergency rules under Section 5-45.1 of the Illinois
|
Administrative Procedure Act, to implement the provisions of
|
this Section. |
As used in this Section, "consumer price index-u"
means |
the index published by the Bureau of Labor Statistics of
the |
United States Department of Labor that measures the average
|
change in prices of goods and services purchased by all urban
|
consumers, United States city average, all items, 1982-84 =
|
100. |
ARTICLE 30. |
Section 30-5. The Sexual Assault Survivors Emergency |
Treatment Act is amended by changing Sections 7 and 7-1 as |
follows:
|
|
(410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)
|
Sec. 7. Reimbursement. |
(a) A hospital, approved pediatric health care facility, |
or health care professional furnishing medical forensic |
services, an ambulance provider furnishing transportation to a |
sexual assault survivor, a hospital, health care professional, |
or laboratory providing follow-up healthcare, or a pharmacy |
dispensing prescribed medications to any sexual assault |
survivor shall furnish such services or medications to that |
person without charge and shall seek payment as follows: |
(1) If a sexual assault survivor is eligible to |
receive benefits under the medical assistance program |
under Article V of the Illinois Public Aid Code, the |
ambulance provider, hospital, approved pediatric health |
care facility, health care professional, laboratory, or |
pharmacy must submit the bill to the Department of |
Healthcare and Family Services or the appropriate Medicaid |
managed care organization and accept the amount paid as |
full payment. |
(2) If a sexual assault survivor is covered by one or |
more policies of health insurance or is a beneficiary |
under a public or private health coverage program, the |
ambulance provider, hospital, approved pediatric health |
care facility, health care professional, laboratory, or |
pharmacy shall bill the insurance company or program. With |
|
respect to such insured patients, applicable deductible, |
co-pay, co-insurance, denial of claim, or any other |
out-of-pocket insurance-related expense may be submitted |
to the Illinois Sexual Assault Emergency Treatment Program |
of the Department of Healthcare and Family Services in |
accordance with 89 Ill. Adm. Code 148.510 for payment at |
the Department of Healthcare and Family Services' |
allowable rates under the Illinois Public Aid Code. The |
ambulance provider, hospital, approved pediatric health |
care facility, health care professional, laboratory, or |
pharmacy shall accept the amounts paid by the insurance |
company or health coverage program and the Illinois Sexual |
Assault Treatment Program as full payment. |
(3) If a sexual assault survivor is neither eligible |
to receive benefits under the medical assistance program |
under Article V of the Illinois Public Aid Code nor |
covered by a policy of insurance or a public or private |
health coverage program, the ambulance provider, hospital, |
approved pediatric health care facility, health care |
professional, laboratory, or pharmacy shall submit the |
request for reimbursement to the Illinois Sexual Assault |
Emergency Treatment Program under the Department of |
Healthcare and Family Services in accordance with 89 Ill. |
Adm. Code 148.510 at the Department of Healthcare and |
Family Services' allowable rates under the Illinois Public |
Aid Code. |
|
(4) If a sexual assault survivor presents a sexual |
assault services voucher for follow-up healthcare, the |
healthcare professional, pediatric health care facility, |
or laboratory that provides follow-up healthcare or the |
pharmacy that dispenses prescribed medications to a sexual |
assault survivor shall submit the request for |
reimbursement for follow-up healthcare, pediatric health |
care facility, laboratory, or pharmacy services to the |
Illinois Sexual Assault Emergency Treatment Program under |
the Department of Healthcare and Family Services in |
accordance with 89 Ill. Adm. Code 148.510 at the |
Department of Healthcare and Family Services' allowable |
rates under the Illinois Public Aid Code. Nothing in this |
subsection (a) precludes hospitals or approved pediatric |
health care facilities from providing follow-up healthcare |
and receiving reimbursement under this Section.
|
(b) Nothing in this Section precludes a hospital, health |
care provider, ambulance provider, laboratory, or pharmacy |
from billing the sexual assault survivor or any applicable |
health insurance or coverage for inpatient services. |
(b-5) Medical forensic services furnished by a person or |
entity described under subsection (a) to any sexual assault |
survivor on or after July 1, 2022 that are required under this |
Act to be reimbursed by the Department of Healthcare and |
Family Services, the Illinois Sexual Assault Emergency |
Treatment Program under the Department of Healthcare and |
|
Family Services, or the appropriate Medicaid managed care |
organization shall be reimbursed at a rate of at least $1,000. |
(c) (Blank). |
(d) (Blank). On and after July 1, 2012, the Department |
shall reduce any rate of reimbursement for services or other |
payments or alter any methodologies authorized by this Act or |
the Illinois Public Aid Code to reduce any rate of |
reimbursement for services or other payments in accordance |
with Section 5-5e of the Illinois Public Aid Code. |
(e) The Department of Healthcare and Family Services shall |
establish standards, rules, and regulations to implement this |
Section.
|
(f) This Section is effective on and after January 1, |
2024. |
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; |
102-674, eff. 11-30-21.)
|
(410 ILCS 70/7-1) |
(Section scheduled to be repealed on December 31, 2023) |
Sec. 7-1. Reimbursement |
(a) A hospital, approved pediatric health care facility, |
approved federally qualified health center, or health care
|
professional furnishing medical forensic services, an |
ambulance provider furnishing transportation to a sexual |
assault survivor, a hospital, health care professional, or |
laboratory providing follow-up healthcare, or a pharmacy |
|
dispensing prescribed medications to any sexual assault |
survivor shall furnish such services or medications to that |
person without charge and shall seek payment as follows: |
(1) If a sexual assault survivor is eligible to |
receive benefits under the medical assistance program |
under Article V of the Illinois Public Aid Code, the |
ambulance provider, hospital, approved pediatric health |
care facility, approved federally qualified health center, |
health care professional, laboratory, or pharmacy must |
submit the bill to the Department of Healthcare and Family |
Services or the appropriate Medicaid managed care |
organization and accept the amount paid as full payment. |
(2) If a sexual assault survivor is covered by one or |
more policies of health insurance or is a beneficiary |
under a public or private health coverage program, the |
ambulance provider, hospital, approved pediatric health |
care facility, approved federally qualified health center, |
health care professional, laboratory, or pharmacy shall |
bill the insurance company or program. With respect to |
such insured patients, applicable deductible, co-pay, |
co-insurance, denial of claim, or any other out-of-pocket |
insurance-related expense may be submitted to the Illinois
|
Sexual Assault Emergency Treatment Program of the |
Department of Healthcare and Family Services in accordance |
with 89 Ill. Adm. Code 148.510 for payment at the |
Department of Healthcare and Family Services' allowable |
|
rates under the Illinois Public Aid Code. The ambulance |
provider, hospital, approved pediatric health care |
facility, approved federally qualified health center, |
health care professional, laboratory, or pharmacy shall |
accept the amounts paid by the insurance company or health |
coverage program and the Illinois Sexual Assault Treatment |
Program as full payment. |
(3) If a sexual assault survivor is neither eligible |
to receive benefits under the medical assistance program |
under Article V of the Illinois Public Aid Code nor |
covered by a policy of insurance or a public or private |
health coverage program, the ambulance provider, hospital, |
approved pediatric health care facility, approved |
federally qualified health center, health care |
professional, laboratory, or pharmacy shall submit the |
request for reimbursement to the Illinois Sexual Assault |
Emergency Treatment Program under the Department of |
Healthcare and Family Services in accordance with 89 Ill. |
Adm. Code 148.510 at the Department of Healthcare and |
Family Services' allowable rates under the Illinois Public |
Aid Code. |
(4) If a sexual assault survivor presents a sexual
|
assault services voucher for follow-up healthcare, the |
healthcare professional, pediatric health care facility, |
federally qualified health center, or laboratory that |
provides follow-up healthcare or the pharmacy that |
|
dispenses prescribed medications to a sexual assault |
survivor shall submit the request for reimbursement for |
follow-up healthcare, pediatric health care facility, |
laboratory, or pharmacy services to the Illinois Sexual |
Assault Emergency Treatment Program under the Department |
of Healthcare and Family Services in accordance with 89 |
Ill. Adm. Code 148.510 at the Department of Healthcare and |
Family Services' allowable rates under the Illinois Public |
Aid Code. Nothing in this subsection (a) precludes |
hospitals, or approved pediatric health care facilities or |
approved federally qualified health centers from providing |
follow-up healthcare and receiving reimbursement under |
this Section. |
(b) Nothing in this Section precludes a hospital, health |
care provider, ambulance provider, laboratory, or pharmacy |
from billing the sexual assault survivor or any applicable |
health insurance or coverage for inpatient services. |
(b-5) Medical forensic services furnished by a person or |
entity described under subsection (a) to any sexual assault |
survivor on or after July 1, 2022 that are required under this |
Act to be reimbursed by the Department of Healthcare and |
Family Services, the Illinois Sexual Assault Emergency |
Treatment Program under the Department of Healthcare and |
Family Services, or the appropriate Medicaid managed care |
organization shall be reimbursed at a rate of at least $1,000. |
(c) (Blank). |
|
(d) (Blank). On and after July 1, 2012, the Department |
shall reduce any rate of reimbursement for services or other |
payments or alter any methodologies authorized by this Act or |
the Illinois Public Aid Code to reduce any rate of |
reimbursement for services or other payments in accordance |
with Section 5-5e of the Illinois Public Aid Code. |
(e) The Department of Healthcare and Family Services shall |
establish standards, rules, and regulations to implement this |
Section. |
(f) This Section is repealed on December 31, 2023.
|
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; |
102-674, eff. 11-30-21.)
|
ARTICLE 35. |
Section 35-5. If and only if Senate Bill 3023 of the 102nd |
General Assembly becomes law, then the Sexual Assault |
Survivors Emergency Treatment Act is amended by changing |
Sections 7 and 7-1 as follows:
|
(410 ILCS 70/7) (from Ch. 111 1/2, par. 87-7)
|
Sec. 7. Reimbursement. |
(a) A hospital, approved pediatric health care facility, |
or health care professional furnishing medical forensic |
services, an ambulance provider furnishing transportation to a |
sexual assault survivor, a hospital, health care professional, |
|
or laboratory providing follow-up healthcare, or a pharmacy |
dispensing prescribed medications to any sexual assault |
survivor shall furnish such services or medications to that |
person without charge and shall seek payment as follows: |
(1) If a sexual assault survivor is eligible to |
receive benefits under the medical assistance program |
under Article V of the Illinois Public Aid Code, the |
ambulance provider, hospital, approved pediatric health |
care facility, health care professional, laboratory, or |
pharmacy must submit the bill to the Department of |
Healthcare and Family Services or the appropriate Medicaid |
managed care organization and accept the amount paid as |
full payment. |
(2) If a sexual assault survivor is covered by one or |
more policies of health insurance or is a beneficiary |
under a public or private health coverage program, the |
ambulance provider, hospital, approved pediatric health |
care facility, health care professional, laboratory, or |
pharmacy shall bill the insurance company or program. With |
respect to such insured patients, applicable deductible, |
co-pay, co-insurance, denial of claim, or any other |
out-of-pocket insurance-related expense may be submitted |
to the Illinois Sexual Assault Emergency Treatment Program |
of the Department of Healthcare and Family Services in |
accordance with 89 Ill. Adm. Code 148.510 for payment at |
the Department of Healthcare and Family Services' |
|
allowable rates under the Illinois Public Aid Code. The |
ambulance provider, hospital, approved pediatric health |
care facility, health care professional, laboratory, or |
pharmacy shall accept the amounts paid by the insurance |
company or health coverage program and the Illinois Sexual |
Assault Treatment Program as full payment. |
(3) If a sexual assault survivor (i) is neither |
eligible to receive benefits under the medical assistance |
program under Article V of the Illinois Public Aid Code |
nor covered by a policy of insurance or a public or private |
health coverage program or (ii) opts out of billing a |
private insurance provider, as permitted under subsection |
(a-5) of Section 7.5 , the ambulance provider, hospital, |
approved pediatric health care facility, health care |
professional, laboratory, or pharmacy shall submit the |
request for reimbursement to the Illinois Sexual Assault |
Emergency Treatment Program under the Department of |
Healthcare and Family Services in accordance with 89 Ill. |
Adm. Code 148.510 at the Department of Healthcare and |
Family Services' allowable rates under the Illinois Public |
Aid Code. |
(4) If a sexual assault survivor presents a sexual |
assault services voucher for follow-up healthcare, the |
healthcare professional, pediatric health care facility, |
or laboratory that provides follow-up healthcare or the |
pharmacy that dispenses prescribed medications to a sexual |
|
assault survivor shall submit the request for |
reimbursement for follow-up healthcare, pediatric health |
care facility, laboratory, or pharmacy services to the |
Illinois Sexual Assault Emergency Treatment Program under |
the Department of Healthcare and Family Services in |
accordance with 89 Ill. Adm. Code 148.510 at the |
Department of Healthcare and Family Services' allowable |
rates under the Illinois Public Aid Code. Nothing in this |
subsection (a) precludes hospitals or approved pediatric |
health care facilities from providing follow-up healthcare |
and receiving reimbursement under this Section.
|
(b) Nothing in this Section precludes a hospital, health |
care provider, ambulance provider, laboratory, or pharmacy |
from billing the sexual assault survivor or any applicable |
health insurance or coverage for inpatient services. |
(c) (Blank). |
(d) On and after July 1, 2012, the Department shall reduce |
any rate of reimbursement for services or other payments or |
alter any methodologies authorized by this Act or the Illinois |
Public Aid Code to reduce any rate of reimbursement for |
services or other payments in accordance with Section 5-5e of |
the Illinois Public Aid Code. |
(e) The Department of Healthcare and Family Services shall |
establish standards, rules, and regulations to implement this |
Section.
|
(f) This Section is effective on and after January 1, |
|
2024. |
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; |
102-674, eff. 11-30-21.)
|
(410 ILCS 70/7-1) |
(Section scheduled to be repealed on December 31, 2023) |
Sec. 7-1. Reimbursement |
(a) A hospital, approved pediatric health care facility, |
approved federally qualified health center, or health care
|
professional furnishing medical forensic services, an |
ambulance provider furnishing transportation to a sexual |
assault survivor, a hospital, health care professional, or |
laboratory providing follow-up healthcare, or a pharmacy |
dispensing prescribed medications to any sexual assault |
survivor shall furnish such services or medications to that |
person without charge and shall seek payment as follows: |
(1) If a sexual assault survivor is eligible to |
receive benefits under the medical assistance program |
under Article V of the Illinois Public Aid Code, the |
ambulance provider, hospital, approved pediatric health |
care facility, approved federally qualified health center, |
health care professional, laboratory, or pharmacy must |
submit the bill to the Department of Healthcare and Family |
Services or the appropriate Medicaid managed care |
organization and accept the amount paid as full payment. |
(2) If a sexual assault survivor is covered by one or |
|
more policies of health insurance or is a beneficiary |
under a public or private health coverage program, the |
ambulance provider, hospital, approved pediatric health |
care facility, approved federally qualified health center, |
health care professional, laboratory, or pharmacy shall |
bill the insurance company or program. With respect to |
such insured patients, applicable deductible, co-pay, |
co-insurance, denial of claim, or any other out-of-pocket |
insurance-related expense may be submitted to the Illinois
|
Sexual Assault Emergency Treatment Program of the |
Department of Healthcare and Family Services in accordance |
with 89 Ill. Adm. Code 148.510 for payment at the |
Department of Healthcare and Family Services' allowable |
rates under the Illinois Public Aid Code. The ambulance |
provider, hospital, approved pediatric health care |
facility, approved federally qualified health center, |
health care professional, laboratory, or pharmacy shall |
accept the amounts paid by the insurance company or health |
coverage program and the Illinois Sexual Assault Treatment |
Program as full payment. |
(3) If a sexual assault survivor (i) is neither |
eligible to receive benefits under the medical assistance |
program under Article V of the Illinois Public Aid Code |
nor covered by a policy of insurance or a public or private |
health coverage program or (ii) opts out of billing a |
private insurance provider, as permitted under subsection |
|
(a-5) of Section 7.5 , the ambulance provider, hospital, |
approved pediatric health care facility, approved |
federally qualified health center, health care |
professional, laboratory, or pharmacy shall submit the |
request for reimbursement to the Illinois Sexual Assault |
Emergency Treatment Program under the Department of |
Healthcare and Family Services in accordance with 89 Ill. |
Adm. Code 148.510 at the Department of Healthcare and |
Family Services' allowable rates under the Illinois Public |
Aid Code. |
(4) If a sexual assault survivor presents a sexual
|
assault services voucher for follow-up healthcare, the |
healthcare professional, pediatric health care facility, |
federally qualified health center, or laboratory that |
provides follow-up healthcare or the pharmacy that |
dispenses prescribed medications to a sexual assault |
survivor shall submit the request for reimbursement for |
follow-up healthcare, pediatric health care facility, |
laboratory, or pharmacy services to the Illinois Sexual |
Assault Emergency Treatment Program under the Department |
of Healthcare and Family Services in accordance with 89 |
Ill. Adm. Code 148.510 at the Department of Healthcare and |
Family Services' allowable rates under the Illinois Public |
Aid Code. Nothing in this subsection (a) precludes |
hospitals, or approved pediatric health care facilities or |
approved federally qualified health centers from providing |
|
follow-up healthcare and receiving reimbursement under |
this Section. |
(b) Nothing in this Section precludes a hospital, health |
care provider, ambulance provider, laboratory, or pharmacy |
from billing the sexual assault survivor or any applicable |
health insurance or coverage for inpatient services. |
(c) (Blank). |
(d) On and after July 1, 2012, the Department shall reduce |
any rate of reimbursement for services or other payments or |
alter any methodologies authorized by this Act or the Illinois |
Public Aid Code to reduce any rate of reimbursement for |
services or other payments in accordance with Section 5-5e of |
the Illinois Public Aid Code. |
(e) The Department of Healthcare and Family Services shall |
establish standards, rules, and regulations to implement this |
Section. |
(f) This Section is repealed on December 31, 2023.
|
(Source: P.A. 101-634, eff. 6-5-20; 102-22, eff. 6-25-21; |
102-674, eff. 11-30-21.) |
ARTICLE 40. |
Section 40-1. Short title. This Article may be cited as |
the Illinois Creative Recovery Grant Program Act. References |
in this Article to "this Act" mean this Article. |
|
Section 40-5. Grant program. The Department may receive |
State funds and, directly or indirectly, federal funds under |
the authority of legislation passed in response to the |
Coronavirus epidemic including, but not limited to, the |
American Rescue Plan Act of 2021, P.L. 117-2 (the "ARPA Act"); |
such funds shall be used in accordance with the ARPA Act |
legislation and published guidance. Upon receipt or |
availability of such State or federal funds, and subject to |
appropriations for their use, the Department shall administer |
a program to provide financial assistance to qualifying |
businesses that have experienced interruption of business, |
incurred debt, or experienced other adverse conditions as a |
result of the COVID-19 public health emergency. Support may be |
provided directly by the Department to businesses and |
organizations or in cooperation with a qualified partner. |
Financial assistance may include, but is not limited to, |
grants, expense reimbursements, or subsidies. |
From appropriations for the program, the Department shall |
provide financial assistance through grants, expense |
reimbursements, or subsidies to qualifying businesses or a |
qualified partner to cover expenses, debt, or losses incurred |
due to the COVID-19 public health emergency. The program shall |
reimburse costs, debt, or losses incurred by qualifying |
businesses due to business interruption or other adverse |
conditions caused by closures, loss of revenues, or efforts to |
contain the pandemic. |
|
The Department may establish by rule administrative |
procedures for the grant program, including any application |
procedures, grant agreements, certifications, payment |
methodologies, and other accountability measures that may be |
imposed upon participants in the program. The emergency |
rulemaking process may be used to promulgate the initial rules |
of the grant program. |
Section 40-10. Definitions. As used in this Act: |
"COVID-19" means the novel coronavirus disease deemed |
COVID-19 by the World Health Organization on February 11, |
2020. |
"Department" means the Department of Commerce and Economic |
Opportunity. |
"Qualifying Business" means a business or organization, |
either for-profit or non-profit, that is experiencing or has |
experienced business interruption due to the COVID-19 public |
health emergency and that is: |
(1) an independent live venue operator; |
(2) a performing or presenting arts organization; |
(3) an arts education organization; |
(4) a museum; or |
(5) a cultural heritage organization.
|
"Independent live venue operator" means a business or |
organization that is not a publicly traded corporation listed |
on a stock exchange and that is a destination for live |
|
entertainment consumers and that has its artistic programming |
as a main driver of its attendance, as indicated by meeting the |
following criteria: |
(1) the venue clearly enables performers to receive |
payment for work by percentage of sales (bar or door |
cover); a guarantee (in writing or standard contract); or |
another mutually beneficial formal agreement; and |
(2) The venue has at least 4 of the following |
characteristics: |
(A) Defined performance and audience space. |
(B) Mixing equipment or a public address system. |
(C) Back line. |
(D) Engages one or more individuals to carry out |
at least 2 of the following roles: |
(i) Sound engineer. |
(ii) Booker. |
(iii) Promoter. |
(iv) Stage manager. |
(v) Security personnel. |
(vi) Box office manager. |
(E) There is a paid ticket or cover charge to |
attend some performances through ticketing or door |
entrance fee. |
(F) Performances are marketed through listings in |
printed or electronic publications, on websites, |
visible calendar of events, or on social media.
|
|
"Performing or presenting arts organization" means a |
business or organization that has as its primary mission or |
integral to its primary mission the performance or |
presentation of the arts to the public, including the artistic |
disciplines of dance, film, literary arts, media arts, music, |
theater, and visual arts.
|
"Arts education organization" means a business or |
organization that has as its primary mission or integral to |
its primary mission the provision of arts learning, or has a |
dedicated portion of its business focused on providing arts |
education.
|
"Museum" means a business or organization that is an |
institution in service to the public, dedicated to the |
procurement, care, study, and display of objects, archival |
materials, ephemera, or live specimens, of lasting interest or |
value.
|
"Cultural heritage organization" means a business or |
organization that is a community cultural and arts center; an |
ethnic and cultural awareness organization; or a festival |
focused on promoting and preserving ethnic, cultural, racial, |
regional, linguistic, or religious traditions.
|
"Qualified partner" means a financial institution or |
nonprofit organization with which the Department has entered |
into an agreement or contract to provide or incentivize |
assistance to qualifying businesses.
|
|
Section 40-15. Powers of the Department. The Department |
has the power to: |
(1) provide grants, subsidies and expense |
reimbursements to qualified businesses or, on behalf of |
qualified businesses, to qualified partners from |
appropriations to cover qualified businesses eligible |
costs, debt, or losses incurred due to the COVID-19 public |
health emergency, including losses caused by business |
interruption, closure, or other adverse effects of |
COVID-19;
|
(2) enter into agreements, accept funds, issue grants, |
and engage in cooperation with agencies of the federal |
government, units of local government, financial |
institutions, and nonprofit organizations to carry out the |
purposes of the program, and to use funds appropriated for |
the program;
|
(3) prepare forms for application, notification, |
contract, and other matters, and establish procedures, |
rules, or regulations deemed necessary and appropriate to |
carry out the provisions of this Act;
|
(4) provide staff, administration, and related support |
required to manage the program and pay for the staffing, |
administration, and related support; and
|
(5) using consistent, data-informed criteria, |
determine which qualifying businesses are suffering the |
greatest negative economic impact due to the COVID-19 |
|
pandemic, which qualifying businesses are facing the |
greatest risk of imminent closure due to the COVID-19 |
pandemic, and which qualifying businesses have the least |
access to business interruption grant programs and similar |
relief programs.
|
Section 40-20. The Illinois Administrative Procedure Act |
is amended by adding Section 5-45.27 as follows: |
(5 ILCS 100/5-45.27 new) |
Sec. 5-45.27. Emergency rulemaking. To provide for the |
expeditious and timely implementation of the Illinois Creative |
Recovery Grant Program Act, emergency rules implementing the |
Illinois Creative Recovery Grant Program Act may be adopted in |
accordance with Section 5-45 by the Department of Commerce and |
Economic Opportunity. The adoption of emergency rules |
authorized by Section 5-45 and this Section is deemed to be |
necessary for the public interest, safety, and welfare. |
This Section is repealed one year after the effective date |
of this amendatory Act of the 102nd General Assembly. |
ARTICLE 99.
|
Section 99-99. Effective date. This Act takes effect upon |
becoming law, except that Article 15 takes effect on July 1, |
2022, and Article 35 takes effect upon becoming law or on the |
date Senate Bill 3023 of the 102nd General Assembly takes |