Rep. Greg Harris

Filed: 1/5/2023

 

 


 

 


 
10200SB1720ham002LRB102 15815 JDS 42467 a

1
AMENDMENT TO SENATE BILL 1720

2    AMENDMENT NO. ______. Amend Senate Bill 1720 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Administrative Procedure Act is
5amended by adding Section 5-45.35 as follows:
 
6    (5 ILCS 100/5-45.35 new)
7    Sec. 5-45.35. Emergency rulemaking; Hate Crimes and Bias
8Incident Prevention and Response Fund. To provide for the
9expeditious and timely implementation of this amendatory Act
10of the 102nd General Assembly, emergency rules implementing
11Section 6z-138 of the State Finance Act may be adopted in
12accordance with Section 5-45 by the Department of Human
13Rights. The adoption of emergency rules authorized by Section
145-45 and this Section is deemed to be necessary for the public
15interest, safety, and welfare.
16    This Section is repealed one year after the effective date

 

 

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1of this amendatory Act of the 102nd General Assembly.
 
2    Section 10. The State Employees Group Insurance Act of
31971 is amended by changing Section 11 as follows:
 
4    (5 ILCS 375/11)  (from Ch. 127, par. 531)
5    Sec. 11. The amount of contribution in any fiscal year
6from funds other than the General Revenue Fund or the Road Fund
7shall be at the same contribution rate as the General Revenue
8Fund or the Road Fund except that, in State Fiscal Year 2009,
9no contributions shall be required from the FY09 Budget Relief
10Fund. Contributions and payments for life insurance shall be
11deposited in the Group Insurance Premium Fund. Contributions
12and payments for health coverages and other benefits shall be
13deposited in the Health Insurance Reserve Fund. Federal funds
14which are available for cooperative extension purposes shall
15also be charged for the contributions which are made for
16retired employees formerly employed in the Cooperative
17Extension Service. In the case of departments or any division
18thereof receiving a fraction of its requirements for
19administration from the Federal Government, the contributions
20hereunder shall be such fraction of the amount determined
21under the provisions hereof and the remainder shall be
22contributed by the State.
23    Every department which has members paid from funds other
24than the General Revenue Fund shall cooperate with the

 

 

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1Department of Central Management Services and the Governor's
2Office of Management and Budget in order to assure that the
3specified proportion of the State's cost for group life
4insurance, the program of health benefits and other employee
5benefits is paid by such funds; except that contributions
6under this Act need not be paid from any other fund where both
7the Director of Central Management Services and the Director
8of the Governor's Office of Management and Budget have
9designated in writing that the necessary contributions are
10included in the General Revenue Fund contribution amount.
11    Universities having employees who are totally compensated
12out of the following funds or sources are not required to
13submit the contribution described in this Section for such
14employees:
15        (1) income funds, as described in Section 6a of the
16    State Finance Act, including tuition, laboratory, and
17    library fees and any interest earned on those fees Income
18    Funds;
19        (2) local auxiliary funds, as described in the
20    Legislative Audit Commission's University Guidelines, as
21    published on November 17, 2020, including the following:
22            (i) funds from auxiliary enterprises, which are
23        operations that support the overall objectives of the
24        university but are not directly related to
25        instruction, research, or service organizational
26        units;

 

 

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1            (ii) funds from auxiliary activities, which are
2        functions that are self-supporting, in whole or in
3        part, and are directly related to instruction,
4        research, or service units; Local auxiliary funds; and
5        (3) the Agricultural Premium Fund as established by
6    Section 5.01 of the State Finance Act;
7        (4) appropriations from the General Revenue Fund,
8    Education Assistance Fund, or other State appropriations
9    that are made for the purposes of instruction, research,
10    public service, or economic development;
11        (5) funds to the University of Illinois Hospital for
12    health care professional services that are performed by
13    University of Illinois faculty or University of Illinois
14    health care programs established under the University of
15    Illinois Hospital Act; or
16        (6) funds designated for the Cooperative Extension
17    Service, as defined in Section 3 of the County Cooperative
18    Extension Law.
19shall not be required to submit such contribution for such
20employees.
21    If an employee of a university is partially compensated
22from the funds or sources of funds identified in paragraphs
23(1) through (6) above, universities shall be required to
24submit a pro rata contribution for the portion of the
25employee's compensation that is derived out of funds or
26sources other than those identified in paragraphs (1) through

 

 

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1(6) above.
2    The Department of Central Management Services may conduct
3a post-payment review of university reimbursements to assess
4or address any discrepancies. Universities shall cooperate
5with the Department of Central Management Services during any
6post-payment review, that may require universities to provide
7documentation to support payment calculations or funding
8sources used for calculating reimbursements. The Department of
9Central Management Services reserves the right to reconcile
10any discrepancies in reimbursement subtotals or total
11obligations and to notify universities of all final
12reconciliations, which shall include the Department of Central
13Management Services calculations and the amount of any credits
14or obligations that may be due.
15    For each employee of the Illinois Toll Highway Authority
16person covered under this Act whose eligibility for such
17coverage is as an annuitant based upon the person's status as
18the recipient of a benefit under the Illinois Pension Code,
19which benefit is based in whole or in part upon service with
20the Toll Highway Authority, the Authority shall annually
21contribute an amount, as determined by the Director of the
22Department of Central Management Services, that represents the
23average employer's share of the cost of retiree coverage per
24participating employee in the State Employees Group Insurance
25Program a pro rata share of the State's cost for the benefits
26of that person.

 

 

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1(Source: P.A. 102-1071, eff. 6-10-22.)
 
2    Section 15. The Illinois Lottery Law is amended by
3changing Section 9.1 as follows:
 
4    (20 ILCS 1605/9.1)
5    Sec. 9.1. Private manager and management agreement.
6    (a) As used in this Section:
7    "Offeror" means a person or group of persons that responds
8to a request for qualifications under this Section.
9    "Request for qualifications" means all materials and
10documents prepared by the Department to solicit the following
11from offerors:
12        (1) Statements of qualifications.
13        (2) Proposals to enter into a management agreement,
14    including the identity of any prospective vendor or
15    vendors that the offeror intends to initially engage to
16    assist the offeror in performing its obligations under the
17    management agreement.
18    "Final offer" means the last proposal submitted by an
19offeror in response to the request for qualifications,
20including the identity of any prospective vendor or vendors
21that the offeror intends to initially engage to assist the
22offeror in performing its obligations under the management
23agreement.
24    "Final offeror" means the offeror ultimately selected by

 

 

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1the Governor to be the private manager for the Lottery under
2subsection (h) of this Section.
3    (b) By September 15, 2010, the Governor shall select a
4private manager for the total management of the Lottery with
5integrated functions, such as lottery game design, supply of
6goods and services, and advertising and as specified in this
7Section.
8    (c) Pursuant to the terms of this subsection, the
9Department shall endeavor to expeditiously terminate the
10existing contracts in support of the Lottery in effect on July
1113, 2009 (the effective date of Public Act 96-37) in
12connection with the selection of the private manager. As part
13of its obligation to terminate these contracts and select the
14private manager, the Department shall establish a mutually
15agreeable timetable to transfer the functions of existing
16contractors to the private manager so that existing Lottery
17operations are not materially diminished or impaired during
18the transition. To that end, the Department shall do the
19following:
20        (1) where such contracts contain a provision
21    authorizing termination upon notice, the Department shall
22    provide notice of termination to occur upon the mutually
23    agreed timetable for transfer of functions;
24        (2) upon the expiration of any initial term or renewal
25    term of the current Lottery contracts, the Department
26    shall not renew such contract for a term extending beyond

 

 

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1    the mutually agreed timetable for transfer of functions;
2    or
3        (3) in the event any current contract provides for
4    termination of that contract upon the implementation of a
5    contract with the private manager, the Department shall
6    perform all necessary actions to terminate the contract on
7    the date that coincides with the mutually agreed timetable
8    for transfer of functions.
9    If the contracts to support the current operation of the
10Lottery in effect on July 13, 2009 (the effective date of
11Public Act 96-34) are not subject to termination as provided
12for in this subsection (c), then the Department may include a
13provision in the contract with the private manager specifying
14a mutually agreeable methodology for incorporation.
15    (c-5) The Department shall include provisions in the
16management agreement whereby the private manager shall, for a
17fee, and pursuant to a contract negotiated with the Department
18(the "Employee Use Contract"), utilize the services of current
19Department employees to assist in the administration and
20operation of the Lottery. The Department shall be the employer
21of all such bargaining unit employees assigned to perform such
22work for the private manager, and such employees shall be
23State employees, as defined by the Personnel Code. Department
24employees shall operate under the same employment policies,
25rules, regulations, and procedures, as other employees of the
26Department. In addition, neither historical representation

 

 

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1rights under the Illinois Public Labor Relations Act, nor
2existing collective bargaining agreements, shall be disturbed
3by the management agreement with the private manager for the
4management of the Lottery.
5    (d) The management agreement with the private manager
6shall include all of the following:
7        (1) A term not to exceed 10 years, including any
8    renewals.
9        (2) A provision specifying that the Department:
10            (A) shall exercise actual control over all
11        significant business decisions;
12            (A-5) has the authority to direct or countermand
13        operating decisions by the private manager at any
14        time;
15            (B) has ready access at any time to information
16        regarding Lottery operations;
17            (C) has the right to demand and receive
18        information from the private manager concerning any
19        aspect of the Lottery operations at any time; and
20            (D) retains ownership of all trade names,
21        trademarks, and intellectual property associated with
22        the Lottery.
23        (3) A provision imposing an affirmative duty on the
24    private manager to provide the Department with material
25    information and with any information the private manager
26    reasonably believes the Department would want to know to

 

 

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1    enable the Department to conduct the Lottery.
2        (4) A provision requiring the private manager to
3    provide the Department with advance notice of any
4    operating decision that bears significantly on the public
5    interest, including, but not limited to, decisions on the
6    kinds of games to be offered to the public and decisions
7    affecting the relative risk and reward of the games being
8    offered, so the Department has a reasonable opportunity to
9    evaluate and countermand that decision.
10        (5) A provision providing for compensation of the
11    private manager that may consist of, among other things, a
12    fee for services and a performance based bonus as
13    consideration for managing the Lottery, including terms
14    that may provide the private manager with an increase in
15    compensation if Lottery revenues grow by a specified
16    percentage in a given year.
17        (6) (Blank).
18        (7) A provision requiring the deposit of all Lottery
19    proceeds to be deposited into the State Lottery Fund
20    except as otherwise provided in Section 20 of this Act.
21        (8) A provision requiring the private manager to
22    locate its principal office within the State.
23        (8-5) A provision encouraging that at least 20% of the
24    cost of contracts entered into for goods and services by
25    the private manager in connection with its management of
26    the Lottery, other than contracts with sales agents or

 

 

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1    technical advisors, be awarded to businesses that are a
2    minority-owned business, a women-owned business, or a
3    business owned by a person with disability, as those terms
4    are defined in the Business Enterprise for Minorities,
5    Women, and Persons with Disabilities Act.
6        (9) A requirement that so long as the private manager
7    complies with all the conditions of the agreement under
8    the oversight of the Department, the private manager shall
9    have the following duties and obligations with respect to
10    the management of the Lottery:
11            (A) The right to use equipment and other assets
12        used in the operation of the Lottery.
13            (B) The rights and obligations under contracts
14        with retailers and vendors.
15            (C) The implementation of a comprehensive security
16        program by the private manager.
17            (D) The implementation of a comprehensive system
18        of internal audits.
19            (E) The implementation of a program by the private
20        manager to curb compulsive gambling by persons playing
21        the Lottery.
22            (F) A system for determining (i) the type of
23        Lottery games, (ii) the method of selecting winning
24        tickets, (iii) the manner of payment of prizes to
25        holders of winning tickets, (iv) the frequency of
26        drawings of winning tickets, (v) the method to be used

 

 

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1        in selling tickets, (vi) a system for verifying the
2        validity of tickets claimed to be winning tickets,
3        (vii) the basis upon which retailer commissions are
4        established by the manager, and (viii) minimum
5        payouts.
6        (10) A requirement that advertising and promotion must
7    be consistent with Section 7.8a of this Act.
8        (11) A requirement that the private manager market the
9    Lottery to those residents who are new, infrequent, or
10    lapsed players of the Lottery, especially those who are
11    most likely to make regular purchases on the Internet as
12    permitted by law.
13        (12) A code of ethics for the private manager's
14    officers and employees.
15        (13) A requirement that the Department monitor and
16    oversee the private manager's practices and take action
17    that the Department considers appropriate to ensure that
18    the private manager is in compliance with the terms of the
19    management agreement, while allowing the manager, unless
20    specifically prohibited by law or the management
21    agreement, to negotiate and sign its own contracts with
22    vendors.
23        (14) A provision requiring the private manager to
24    periodically file, at least on an annual basis,
25    appropriate financial statements in a form and manner
26    acceptable to the Department.

 

 

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1        (15) Cash reserves requirements.
2        (16) Procedural requirements for obtaining the prior
3    approval of the Department when a management agreement or
4    an interest in a management agreement is sold, assigned,
5    transferred, or pledged as collateral to secure financing.
6        (17) Grounds for the termination of the management
7    agreement by the Department or the private manager.
8        (18) Procedures for amendment of the agreement.
9        (19) A provision requiring the private manager to
10    engage in an open and competitive bidding process for any
11    procurement having a cost in excess of $50,000 that is not
12    a part of the private manager's final offer. The process
13    shall favor the selection of a vendor deemed to have
14    submitted a proposal that provides the Lottery with the
15    best overall value. The process shall not be subject to
16    the provisions of the Illinois Procurement Code, unless
17    specifically required by the management agreement.
18        (20) The transition of rights and obligations,
19    including any associated equipment or other assets used in
20    the operation of the Lottery, from the manager to any
21    successor manager of the lottery, including the
22    Department, following the termination of or foreclosure
23    upon the management agreement.
24        (21) Right of use of copyrights, trademarks, and
25    service marks held by the Department in the name of the
26    State. The agreement must provide that any use of them by

 

 

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1    the manager shall only be for the purpose of fulfilling
2    its obligations under the management agreement during the
3    term of the agreement.
4        (22) The disclosure of any information requested by
5    the Department to enable it to comply with the reporting
6    requirements and information requests provided for under
7    subsection (p) of this Section.
8    (e) Notwithstanding any other law to the contrary, the
9Department shall select a private manager through a
10competitive request for qualifications process consistent with
11Section 20-35 of the Illinois Procurement Code, which shall
12take into account:
13        (1) the offeror's ability to market the Lottery to
14    those residents who are new, infrequent, or lapsed players
15    of the Lottery, especially those who are most likely to
16    make regular purchases on the Internet;
17        (2) the offeror's ability to address the State's
18    concern with the social effects of gambling on those who
19    can least afford to do so;
20        (3) the offeror's ability to provide the most
21    successful management of the Lottery for the benefit of
22    the people of the State based on current and past business
23    practices or plans of the offeror; and
24        (4) the offeror's poor or inadequate past performance
25    in servicing, equipping, operating or managing a lottery
26    on behalf of Illinois, another State or foreign government

 

 

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1    and attracting persons who are not currently regular
2    players of a lottery.
3    (f) The Department may retain the services of an advisor
4or advisors with significant experience in financial services
5or the management, operation, and procurement of goods,
6services, and equipment for a government-run lottery to assist
7in the preparation of the terms of the request for
8qualifications and selection of the private manager. Any
9prospective advisor seeking to provide services under this
10subsection (f) shall disclose any material business or
11financial relationship during the past 3 years with any
12potential offeror, or with a contractor or subcontractor
13presently providing goods, services, or equipment to the
14Department to support the Lottery. The Department shall
15evaluate the material business or financial relationship of
16each prospective advisor. The Department shall not select any
17prospective advisor with a substantial business or financial
18relationship that the Department deems to impair the
19objectivity of the services to be provided by the prospective
20advisor. During the course of the advisor's engagement by the
21Department, and for a period of one year thereafter, the
22advisor shall not enter into any business or financial
23relationship with any offeror or any vendor identified to
24assist an offeror in performing its obligations under the
25management agreement. Any advisor retained by the Department
26shall be disqualified from being an offeror. The Department

 

 

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1shall not include terms in the request for qualifications that
2provide a material advantage whether directly or indirectly to
3any potential offeror, or any contractor or subcontractor
4presently providing goods, services, or equipment to the
5Department to support the Lottery, including terms contained
6in previous responses to requests for proposals or
7qualifications submitted to Illinois, another State or foreign
8government when those terms are uniquely associated with a
9particular potential offeror, contractor, or subcontractor.
10The request for proposals offered by the Department on
11December 22, 2008 as "LOT08GAMESYS" and reference number
12"22016176" is declared void.
13    (g) The Department shall select at least 2 offerors as
14finalists to potentially serve as the private manager no later
15than August 9, 2010. Upon making preliminary selections, the
16Department shall schedule a public hearing on the finalists'
17proposals and provide public notice of the hearing at least 7
18calendar days before the hearing. The notice must include all
19of the following:
20        (1) The date, time, and place of the hearing.
21        (2) The subject matter of the hearing.
22        (3) A brief description of the management agreement to
23    be awarded.
24        (4) The identity of the offerors that have been
25    selected as finalists to serve as the private manager.
26        (5) The address and telephone number of the

 

 

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1    Department.
2    (h) At the public hearing, the Department shall (i)
3provide sufficient time for each finalist to present and
4explain its proposal to the Department and the Governor or the
5Governor's designee, including an opportunity to respond to
6questions posed by the Department, Governor, or designee and
7(ii) allow the public and non-selected offerors to comment on
8the presentations. The Governor or a designee shall attend the
9public hearing. After the public hearing, the Department shall
10have 14 calendar days to recommend to the Governor whether a
11management agreement should be entered into with a particular
12finalist. After reviewing the Department's recommendation, the
13Governor may accept or reject the Department's recommendation,
14and shall select a final offeror as the private manager by
15publication of a notice in the Illinois Procurement Bulletin
16on or before September 15, 2010. The Governor shall include in
17the notice a detailed explanation and the reasons why the
18final offeror is superior to other offerors and will provide
19management services in a manner that best achieves the
20objectives of this Section. The Governor shall also sign the
21management agreement with the private manager.
22    (i) Any action to contest the private manager selected by
23the Governor under this Section must be brought within 7
24calendar days after the publication of the notice of the
25designation of the private manager as provided in subsection
26(h) of this Section.

 

 

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1    (j) The Lottery shall remain, for so long as a private
2manager manages the Lottery in accordance with provisions of
3this Act, a Lottery conducted by the State, and the State shall
4not be authorized to sell or transfer the Lottery to a third
5party.
6    (k) Any tangible personal property used exclusively in
7connection with the lottery that is owned by the Department
8and leased to the private manager shall be owned by the
9Department in the name of the State and shall be considered to
10be public property devoted to an essential public and
11governmental function.
12    (l) The Department may exercise any of its powers under
13this Section or any other law as necessary or desirable for the
14execution of the Department's powers under this Section.
15    (m) Neither this Section nor any management agreement
16entered into under this Section prohibits the General Assembly
17from authorizing forms of gambling that are not in direct
18competition with the Lottery. The forms of gambling authorized
19by Public Act 101-31 constitute authorized forms of gambling
20that are not in direct competition with the Lottery.
21    (n) The private manager shall be subject to a complete
22investigation in the third, seventh, and tenth years of the
23agreement (if the agreement is for a 10-year term) by the
24Department in cooperation with the Auditor General to
25determine whether the private manager has complied with this
26Section and the management agreement. The private manager

 

 

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1shall bear the cost of an investigation or reinvestigation of
2the private manager under this subsection.
3    (o) The powers conferred by this Section are in addition
4and supplemental to the powers conferred by any other law. If
5any other law or rule is inconsistent with this Section,
6including, but not limited to, provisions of the Illinois
7Procurement Code, then this Section controls as to any
8management agreement entered into under this Section. This
9Section and any rules adopted under this Section contain full
10and complete authority for a management agreement between the
11Department and a private manager. No law, procedure,
12proceeding, publication, notice, consent, approval, order, or
13act by the Department or any other officer, Department,
14agency, or instrumentality of the State or any political
15subdivision is required for the Department to enter into a
16management agreement under this Section. This Section contains
17full and complete authority for the Department to approve any
18contracts entered into by a private manager with a vendor
19providing goods, services, or both goods and services to the
20private manager under the terms of the management agreement,
21including subcontractors of such vendors.
22    Upon receipt of a written request from the Chief
23Procurement Officer, the Department shall provide to the Chief
24Procurement Officer a complete and un-redacted copy of the
25management agreement or any contract that is subject to the
26Department's approval authority under this subsection (o). The

 

 

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1Department shall provide a copy of the agreement or contract
2to the Chief Procurement Officer in the time specified by the
3Chief Procurement Officer in his or her written request, but
4no later than 5 business days after the request is received by
5the Department. The Chief Procurement Officer must retain any
6portions of the management agreement or of any contract
7designated by the Department as confidential, proprietary, or
8trade secret information in complete confidence pursuant to
9subsection (g) of Section 7 of the Freedom of Information Act.
10The Department shall also provide the Chief Procurement
11Officer with reasonable advance written notice of any contract
12that is pending Department approval.
13    Notwithstanding any other provision of this Section to the
14contrary, the Chief Procurement Officer shall adopt
15administrative rules, including emergency rules, to establish
16a procurement process to select a successor private manager if
17a private management agreement has been terminated. The
18selection process shall at a minimum take into account the
19criteria set forth in items (1) through (4) of subsection (e)
20of this Section and may include provisions consistent with
21subsections (f), (g), (h), and (i) of this Section. The Chief
22Procurement Officer shall also implement and administer the
23adopted selection process upon the termination of a private
24management agreement. The Department, after the Chief
25Procurement Officer certifies that the procurement process has
26been followed in accordance with the rules adopted under this

 

 

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1subsection (o), shall select a final offeror as the private
2manager and sign the management agreement with the private
3manager.
4    Through June 30, 2022, except as provided in Sections
521.5, 21.6, 21.7, 21.8, 21.9, 21.10, 21.11, 21.12, and 21.13
6of this Act and Section 25-70 of the Sports Wagering Act, the
7Department shall distribute all proceeds of lottery tickets
8and shares sold in the following priority and manner:
9        (1) The payment of prizes and retailer bonuses.
10        (2) The payment of costs incurred in the operation and
11    administration of the Lottery, including the payment of
12    sums due to the private manager under the management
13    agreement with the Department.
14        (3) On the last day of each month or as soon thereafter
15    as possible, the State Comptroller shall direct and the
16    State Treasurer shall transfer from the State Lottery Fund
17    to the Common School Fund an amount that is equal to the
18    proceeds transferred in the corresponding month of fiscal
19    year 2009, as adjusted for inflation, to the Common School
20    Fund.
21        (4) On or before September 30 of each fiscal year,
22    deposit any estimated remaining proceeds from the prior
23    fiscal year, subject to payments under items (1), (2), and
24    (3), into the Capital Projects Fund. Beginning in fiscal
25    year 2019, the amount deposited shall be increased or
26    decreased each year by the amount the estimated payment

 

 

10200SB1720ham002- 22 -LRB102 15815 JDS 42467 a

1    differs from the amount determined from each year-end
2    financial audit. Only remaining net deficits from prior
3    fiscal years may reduce the requirement to deposit these
4    funds, as determined by the annual financial audit.
5    Beginning July 1, 2022, the Department shall distribute
6all proceeds of lottery tickets and shares sold in the manner
7and priority described in Section 9.3 of this Act, except that
8the Department shall make the transfer into the Capital
9Projects Fund that would have occurred under item (4) of this
10subsection (o) on or before September 30, 2022, but for the
11changes made to this subsection by Public Act 102-699.
12    (p) The Department shall be subject to the following
13reporting and information request requirements:
14        (1) the Department shall submit written quarterly
15    reports to the Governor and the General Assembly on the
16    activities and actions of the private manager selected
17    under this Section;
18        (2) upon request of the Chief Procurement Officer, the
19    Department shall promptly produce information related to
20    the procurement activities of the Department and the
21    private manager requested by the Chief Procurement
22    Officer; the Chief Procurement Officer must retain
23    confidential, proprietary, or trade secret information
24    designated by the Department in complete confidence
25    pursuant to subsection (g) of Section 7 of the Freedom of
26    Information Act; and

 

 

10200SB1720ham002- 23 -LRB102 15815 JDS 42467 a

1        (3) at least 30 days prior to the beginning of the
2    Department's fiscal year, the Department shall prepare an
3    annual written report on the activities of the private
4    manager selected under this Section and deliver that
5    report to the Governor and General Assembly.
6(Source: P.A. 101-31, eff. 6-28-19; 101-81, eff. 7-12-19;
7101-561, eff. 8-23-19; 102-558, eff. 8-20-21; 102-699, eff.
84-19-22.)
 
9    Section 20. The State Finance Act is amended by changing
10Section 6z-130, as added by Public Act 102-699, and Sections
116z-114 and 8g-1 and by adding Sections 5.990 and 6z-138 as
12follows:
 
13    (30 ILCS 105/5.990 new)
14    Sec. 5.990. The Hate Crimes and Bias Incident Prevention
15and Response Fund.
 
16    (30 ILCS 105/6z-114)
17    Sec. 6z-114. The Ronald McDonald House Charities Fund;
18creation. The Ronald McDonald House Charities Fund is created
19as a special fund in the State treasury. From appropriations
20to the Department of Human Services from the Fund, the
21Department shall Subject to appropriation, moneys in the Fund
22shall be used to make grants to Ronald McDonald House
23Charities for services in Illinois.

 

 

10200SB1720ham002- 24 -LRB102 15815 JDS 42467 a

1(Source: P.A. 102-73, eff. 7-9-21.)
 
2    (30 ILCS 105/6z-134)
3    Sec. 6z-134 6z-130. Statewide 9-8-8 Trust Fund.
4    (a) The Statewide 9-8-8 Trust Fund is created as a special
5fund in the State treasury. Moneys in the Fund shall be used by
6the Department of Human Services for the purposes of
7establishing and maintaining a statewide 9-8-8 suicide
8prevention and mental health crisis system pursuant to the
9National Suicide Hotline Designation Act of 2020, the Federal
10Communication Commission's rules adopted on July 16, 2020, and
11national guidelines for crisis care. The Fund shall consist
12of:
13        (1) appropriations by the General Assembly;
14        (2) grants and gifts intended for deposit in the Fund;
15        (3) interest, premiums, gains, or other earnings on
16    the Fund;
17        (4) moneys received from any other source that are
18    deposited in or transferred into the Fund.
19    (b) Moneys in the Fund:
20        (1) do not revert at the end of any State fiscal year
21    but remain available for the purposes of the Fund in
22    subsequent State fiscal years; and
23        (2) are not subject to transfer to any other Fund or to
24    transfer, assignment, or reassignment for any other use or
25    purpose outside of those specified in this Section.

 

 

10200SB1720ham002- 25 -LRB102 15815 JDS 42467 a

1    (c) An annual report of Fund deposits and expenditures
2shall be made to the General Assembly and the Federal
3Communications Commission.
4    (d) (Blank). In addition to any other transfers that may
5be provided for by law, on July 1, 2022, or as soon thereafter
6as practical, the State Comptroller shall direct and the State
7Treasurer shall transfer the sum of $5,000,000 from the
8Statewide 9-1-1 Fund to the Statewide 9-8-8 Trust Fund.
9(Source: P.A. 102-699, eff. 4-19-22; revised 8-1-22.)
 
10    (30 ILCS 105/6z-138 new)
11    Sec. 6z-138. Hate Crimes and Bias Incident Prevention and
12Response Fund.
13    (a) The Hate Crimes and Bias Incident Prevention and
14Response Fund is created as a special fund in the State
15treasury. The Fund may accept moneys from any lawful source.
16Any interest earned on moneys in the Fund shall be deposited
17into the Fund.
18    (b) Subject to appropriation, moneys in the Hate Crimes
19and Bias Incident Prevention and Response Fund shall be used
20by the Department of Human Rights, in its capacity as
21administrator and fiscal agent for the Commission on
22Discrimination and Hate Crimes, for operational and
23administrative expenditures related to, as well as the award
24of grants that support the eradication of, hate crimes and
25bias incidents.

 

 

10200SB1720ham002- 26 -LRB102 15815 JDS 42467 a

1    (c) The Department of Human Rights shall adopt rules
2establishing requirements for the distribution of grant moneys
3and the determination of which persons or entities are
4eligible for grants and may adopt any other rules necessary to
5implement this Section and administer the Fund.
 
6    (30 ILCS 105/8g-1)
7    Sec. 8g-1. Fund transfers.
8    (a) (Blank).
9    (b) (Blank).
10    (c) (Blank).
11    (d) (Blank).
12    (e) (Blank).
13    (f) (Blank).
14    (g) (Blank).
15    (h) (Blank).
16    (i) (Blank).
17    (j) (Blank).
18    (k) (Blank).
19    (l) (Blank).
20    (m) (Blank).
21    (n) (Blank).
22    (o) (Blank).
23    (p) (Blank).
24    (q) (Blank).
25    (r) (Blank).

 

 

10200SB1720ham002- 27 -LRB102 15815 JDS 42467 a

1    (s) (Blank).
2    (t) (Blank).
3    (u) In addition to any other transfers that may be
4provided for by law, on July 1, 2021, or as soon thereafter as
5practical, only as directed by the Director of the Governor's
6Office of Management and Budget, the State Comptroller shall
7direct and the State Treasurer shall transfer the sum of
8$5,000,000 from the General Revenue Fund to the DoIT Special
9Projects Fund, and on June 1, 2022, or as soon thereafter as
10practical, but no later than June 30, 2022, the State
11Comptroller shall direct and the State Treasurer shall
12transfer the sum so transferred from the DoIT Special Projects
13Fund to the General Revenue Fund.
14    (v) In addition to any other transfers that may be
15provided for by law, on July 1, 2021, or as soon thereafter as
16practical, the State Comptroller shall direct and the State
17Treasurer shall transfer the sum of $500,000 from the General
18Revenue Fund to the Governor's Administrative Fund.
19    (w) In addition to any other transfers that may be
20provided for by law, on July 1, 2021, or as soon thereafter as
21practical, the State Comptroller shall direct and the State
22Treasurer shall transfer the sum of $500,000 from the General
23Revenue Fund to the Grant Accountability and Transparency
24Fund.
25    (x) In addition to any other transfers that may be
26provided for by law, at a time or times during Fiscal Year 2022

 

 

10200SB1720ham002- 28 -LRB102 15815 JDS 42467 a

1as directed by the Governor, the State Comptroller shall
2direct and the State Treasurer shall transfer up to a total of
3$20,000,000 from the General Revenue Fund to the Illinois
4Sports Facilities Fund to be credited to the Advance Account
5within the Fund.
6    (y) In addition to any other transfers that may be
7provided for by law, on June 15, 2021, or as soon thereafter as
8practical, but no later than June 30, 2021, the State
9Comptroller shall direct and the State Treasurer shall
10transfer the sum of $100,000,000 from the General Revenue Fund
11to the Technology Management Revolving Fund.
12    (z) In addition to any other transfers that may be
13provided for by law, on April 19, 2022 (the effective date of
14Public Act 102-699) this amendatory Act of the 102nd General
15Assembly, or as soon thereafter as practical, but no later
16than June 30, 2022, the State Comptroller shall direct and the
17State Treasurer shall transfer the sum of $148,000,000 from
18the General Revenue Fund to the Build Illinois Bond Fund.
19    (aa) In addition to any other transfers that may be
20provided for by law, on April 19, 2022 (the effective date of
21Public Act 102-699) this amendatory Act of the 102nd General
22Assembly, or as soon thereafter as practical, but no later
23than June 30, 2022, the State Comptroller shall direct and the
24State Treasurer shall transfer the sum of $180,000,000 from
25the General Revenue Fund to the Rebuild Illinois Projects
26Fund.

 

 

10200SB1720ham002- 29 -LRB102 15815 JDS 42467 a

1    (bb) In addition to any other transfers that may be
2provided for by law, on July 1, 2022, or as soon thereafter as
3practical, the State Comptroller shall direct and the State
4Treasurer shall transfer the sum of $500,000 from the General
5Revenue Fund to the Governor's Administrative Fund.
6    (cc) In addition to any other transfers that may be
7provided for by law, on July 1, 2022, or as soon thereafter as
8practical, the State Comptroller shall direct and the State
9Treasurer shall transfer the sum of $500,000 from the General
10Revenue Fund to the Grant Accountability and Transparency
11Fund.
12    (dd) (z) In addition to any other transfers that may be
13provided by law, on April 19, 2022 (the effective date of
14Public Act 102-700) this amendatory Act of the 102nd General
15Assembly, or as soon thereafter as practical, but no later
16than June 30, 2022, the State Comptroller shall direct and the
17State Treasurer shall transfer the sum of $685,000,000 from
18the General Revenue Fund to the Income Tax Refund Fund. Moneys
19from this transfer shall be used for the purpose of making the
20one-time rebate payments provided under Section 212.1 of the
21Illinois Income Tax Act.
22    (ee) (aa) In addition to any other transfers that may be
23provided by law, beginning on April 19, 2022 (the effective
24date of Public Act 102-700) this amendatory Act of the 102nd
25General Assembly and until December 31, 2023, at the direction
26of the Department of Revenue, the State Comptroller shall

 

 

10200SB1720ham002- 30 -LRB102 15815 JDS 42467 a

1direct and the State Treasurer shall transfer from the General
2Revenue Fund to the Income Tax Refund Fund any amounts needed
3beyond the amounts transferred in subsection (dd) (z) to make
4payments of the one-time rebate payments provided under
5Section 212.1 of the Illinois Income Tax Act.
6    (ff) (z) In addition to any other transfers that may be
7provided for by law, on April 19, 2022 (the effective date of
8Public Act 102-700) this amendatory Act of the 102nd General
9Assembly, or as soon thereafter as practical, but no later
10than June 30, 2022, the State Comptroller shall direct and the
11State Treasurer shall transfer the sum of $720,000,000 from
12the General Revenue Fund to the Budget Stabilization Fund.
13    (gg) (aa) In addition to any other transfers that may be
14provided for by law, on July 1, 2022, or as soon thereafter as
15practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $280,000,000 from the
17General Revenue Fund to the Budget Stabilization Fund.
18    (hh) (bb) In addition to any other transfers that may be
19provided for by law, on July 1, 2022, or as soon thereafter as
20practical, the State Comptroller shall direct and the State
21Treasurer shall transfer the sum of $200,000,000 from the
22General Revenue Fund to the Pension Stabilization Fund.
23    (ii) In addition to any other transfers that may be
24provided for by law, on January 1, 2023, or as soon thereafter
25as practical, the State Comptroller shall direct and the State
26Treasurer shall transfer the sum of $850,000,000 from the

 

 

10200SB1720ham002- 31 -LRB102 15815 JDS 42467 a

1General Revenue Fund to the Budget Stabilization Fund.
2    (jj) In addition to any other transfers that may be
3provided for by law, at a time or times during Fiscal Year 2023
4as directed by the Governor, the State Comptroller shall
5direct and the State Treasurer shall transfer up to a total of
6$400,000,000 from the General Revenue Fund to the Large
7Business Attraction Fund.
8    (kk) In addition to any other transfers that may be
9provided for by law, on January 1, 2023, or as soon thereafter
10as practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $75,000,000 from the
12General Revenue Fund to the Disaster Response and Recovery
13Fund.
14(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
15102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 102-700, Article
1640, Section 40-5, eff. 4-19-22; 102-700, Article 80, Section
1780-5, eff. 4-19-22; revised 6-23-22.)
 
18    Section 25. The Budget Stabilization Act is amended by
19changing Section 15 as follows:
 
20    (30 ILCS 122/15)
21    Sec. 15. Transfers to Budget Stabilization Fund. In
22furtherance of the State's objective for the Budget
23Stabilization Fund to have resources representing 7.5% 5% of
24the State's annual general funds revenues:

 

 

10200SB1720ham002- 32 -LRB102 15815 JDS 42467 a

1    (a) For each fiscal year when the General Assembly's
2appropriations and transfers or diversions as required by law
3from general funds do not exceed 99% of the estimated general
4funds revenues pursuant to subsection (a) of Section 10, the
5Comptroller shall transfer from the General Revenue Fund as
6provided by this Section a total amount equal to 0.5% of the
7estimated general funds revenues to the Budget Stabilization
8Fund.
9    (b) For each fiscal year when the General Assembly's
10appropriations and transfers or diversions as required by law
11from general funds do not exceed 98% of the estimated general
12funds revenues pursuant to subsection (b) of Section 10, the
13Comptroller shall transfer from the General Revenue Fund as
14provided by this Section a total amount equal to 1% of the
15estimated general funds revenues to the Budget Stabilization
16Fund.
17    (c) The Comptroller shall transfer 1/12 of the total
18amount to be transferred each fiscal year under this Section
19into the Budget Stabilization Fund on the first day of each
20month of that fiscal year or as soon thereafter as possible.
21The balance of the Budget Stabilization Fund shall not exceed
227.5% 5% of the total of general funds revenues estimated for
23that fiscal year except as provided by subsection (d) of this
24Section.
25    (d) If the balance of the Budget Stabilization Fund
26exceeds 7.5% 5% of the total general funds revenues estimated

 

 

10200SB1720ham002- 33 -LRB102 15815 JDS 42467 a

1for that fiscal year, the additional transfers are not
2required unless there are outstanding liabilities under
3Section 25 of the State Finance Act from prior fiscal years. If
4there are such outstanding Section 25 liabilities, then the
5Comptroller shall continue to transfer 1/12 of the total
6amount identified for transfer to the Budget Stabilization
7Fund on the first day of each month of that fiscal year or as
8soon thereafter as possible to be reserved for those Section
925 liabilities. Nothing in this Act prohibits the General
10Assembly from appropriating additional moneys into the Budget
11Stabilization Fund.
12    (e) On or before August 31 of each fiscal year, the amount
13determined to be transferred to the Budget Stabilization Fund
14shall be reconciled to actual general funds revenues for that
15fiscal year. The final transfer for each fiscal year shall be
16adjusted so that the total amount transferred under this
17Section is equal to the percentage specified in subsection (a)
18or (b) of this Section, as applicable, based on actual general
19funds revenues calculated consistently with subsection (c) of
20Section 10 of this Act for each fiscal year.
21    (f) For the fiscal year beginning July 1, 2006 and for each
22fiscal year thereafter, the budget proposal to the General
23Assembly shall identify liabilities incurred in a prior fiscal
24year under Section 25 of the State Finance Act and the budget
25proposal shall provide funding as allowable pursuant to
26subsection (d) of this Section, if applicable.

 

 

10200SB1720ham002- 34 -LRB102 15815 JDS 42467 a

1(Source: P.A. 93-660, eff. 7-1-04; 94-839, eff. 6-6-06.)
 
2    Section 30. The Illinois Police Training Act is amended by
3changing Section 6 as follows:
 
4    (50 ILCS 705/6)  (from Ch. 85, par. 506)
5    Sec. 6. Powers and duties of the Board; selection and
6certification of schools. The Board shall select and certify
7schools within the State of Illinois for the purpose of
8providing basic training for probationary law enforcement
9officers, probationary county corrections officers, and court
10security officers and of providing advanced or in-service
11training for permanent law enforcement officers or permanent
12county corrections officers, which schools may be either
13publicly or privately owned and operated. In addition, the
14Board has the following power and duties:
15        a. To require law enforcement agencies to furnish such
16    reports and information as the Board deems necessary to
17    fully implement this Act.
18        b. To establish appropriate mandatory minimum
19    standards relating to the training of probationary local
20    law enforcement officers or probationary county
21    corrections officers, and in-service training of permanent
22    law enforcement officers.
23        c. To provide appropriate certification to those
24    probationary officers who successfully complete the

 

 

10200SB1720ham002- 35 -LRB102 15815 JDS 42467 a

1    prescribed minimum standard basic training course.
2        d. To review and approve annual training curriculum
3    for county sheriffs.
4        e. To review and approve applicants to ensure that no
5    applicant is admitted to a certified academy unless the
6    applicant is a person of good character and has not been
7    convicted of, found guilty of, entered a plea of guilty
8    to, or entered a plea of nolo contendere to a felony
9    offense, any of the misdemeanors in Sections 11-1.50,
10    11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1,
11    11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, 17-2,
12    26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
13    violation of any Section of Part E of Title III of the
14    Criminal Code of 1961 or the Criminal Code of 2012, or
15    subsection (a) of Section 17-32 of the Criminal Code of
16    1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
17    the Cannabis Control Act, or a crime involving moral
18    turpitude under the laws of this State or any other state
19    which if committed in this State would be punishable as a
20    felony or a crime of moral turpitude, or any felony or
21    misdemeanor in violation of federal law or the law of any
22    state that is the equivalent of any of the offenses
23    specified therein. The Board may appoint investigators who
24    shall enforce the duties conferred upon the Board by this
25    Act.
26        For purposes of this paragraph e, a person is

 

 

10200SB1720ham002- 36 -LRB102 15815 JDS 42467 a

1    considered to have been convicted of, found guilty of, or
2    entered a plea of guilty to, plea of nolo contendere to
3    regardless of whether the adjudication of guilt or
4    sentence is withheld or not entered thereon. This includes
5    sentences of supervision, conditional discharge, or first
6    offender probation, or any similar disposition provided
7    for by law.
8        f. To establish statewide standards for minimum
9    standards regarding regular mental health screenings for
10    probationary and permanent police officers, ensuring that
11    counseling sessions and screenings remain confidential.
12        g. To review and ensure all law enforcement officers
13    remain in compliance with this Act, and any administrative
14    rules adopted under this Act.
15        h. To suspend any certificate for a definite period,
16    limit or restrict any certificate, or revoke any
17    certificate.
18        i. The Board and the Panel shall have power to secure
19    by its subpoena and bring before it any person or entity in
20    this State and to take testimony either orally or by
21    deposition or both with the same fees and mileage and in
22    the same manner as prescribed by law in judicial
23    proceedings in civil cases in circuit courts of this
24    State. The Board and the Panel shall also have the power to
25    subpoena the production of documents, papers, files,
26    books, documents, and records, whether in physical or

 

 

10200SB1720ham002- 37 -LRB102 15815 JDS 42467 a

1    electronic form, in support of the charges and for
2    defense, and in connection with a hearing or
3    investigation.
4        j. The Executive Director, the administrative law
5    judge designated by the Executive Director, and each
6    member of the Board and the Panel shall have the power to
7    administer oaths to witnesses at any hearing that the
8    Board is authorized to conduct under this Act and any
9    other oaths required or authorized to be administered by
10    the Board under this Act.
11        k. In case of the neglect or refusal of any person to
12    obey a subpoena issued by the Board and the Panel, any
13    circuit court, upon application of the Board and the
14    Panel, through the Illinois Attorney General, may order
15    such person to appear before the Board and the Panel give
16    testimony or produce evidence, and any failure to obey
17    such order is punishable by the court as a contempt
18    thereof. This order may be served by personal delivery, by
19    email, or by mail to the address of record or email address
20    of record.
21        l. The Board shall have the power to administer state
22    certification examinations. Any and all records related to
23    these examinations, including, but not limited to, test
24    questions, test formats, digital files, answer responses,
25    answer keys, and scoring information shall be exempt from
26    disclosure.

 

 

10200SB1720ham002- 38 -LRB102 15815 JDS 42467 a

1        m. To make grants, subject to appropriation, to units
2    of local government and public institutions of higher
3    education for the purposes of hiring and retaining law
4    enforcement officers.
5(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,
6Section 10-143, eff. 7-1-21; 101-652, Article 25, Section
725-40, eff. 1-1-22; 102-687, eff. 12-17-21; 102-694, eff.
81-7-22.)
 
9    Section 35. The Liquor Control Act of 1934 is amended by
10adding Section 3-4.1 as follows:
 
11    (235 ILCS 5/3-4.1 new)
12    Sec. 3-4.1. Obtaining evidence. The State Commission has
13the power to expend sums that the Executive Director deems
14necessary for the purchase of evidence and for the employment
15of persons to obtain evidence. The sums shall be advanced to
16employees authorized by the Executive Director to expend
17funds, on vouchers signed by the Executive Director.
18    In addition, the Executive Director is authorized to
19maintain one or more commercial checking accounts with any
20State banking corporation or corporations organized under or
21subject to the Illinois Banking Act for the deposit and
22withdrawal of moneys to be used solely for the purchase of
23evidence and for the employment of persons to obtain evidence.
24No check may be written on nor any withdrawal made from such an

 

 

10200SB1720ham002- 39 -LRB102 15815 JDS 42467 a

1account except on the written signature of 2 persons
2designated by the Executive Director to write those checks and
3make those withdrawals. The balance of moneys on deposit in
4any such account shall not exceed $25,000 at any time, nor
5shall any one check written on or single withdrawal made from
6any such account exceed $25,000.
 
7    Section 40. The Illinois Human Rights Act is amended by
8changing Section 7-101 as follows:
 
9    (775 ILCS 5/7-101)  (from Ch. 68, par. 7-101)
10    Sec. 7-101. Powers and Duties. In addition to other powers
11and duties prescribed in this Act, the Department shall have
12the following powers:
13    (A) Rules and Regulations. To adopt, promulgate, amend,
14and rescind rules and regulations not inconsistent with the
15provisions of this Act pursuant to the Illinois Administrative
16Procedure Act.
17    (B) Charges. To issue, receive, investigate, conciliate,
18settle, and dismiss charges filed in conformity with this Act.
19    (C) Compulsory Process. To request subpoenas as it deems
20necessary for its investigations.
21    (D) Complaints. To file complaints with the Commission in
22conformity with this Act.
23    (E) Judicial Enforcement. To seek temporary relief and to
24enforce orders of the Commission in conformity with this Act.

 

 

10200SB1720ham002- 40 -LRB102 15815 JDS 42467 a

1    (F) Equal Employment Opportunities. To take such action as
2may be authorized to provide for equal employment
3opportunities and affirmative action.
4    (G) Recruitment; Research; Public Communication; Advisory
5Councils. To engage in such recruitment, research and public
6communication and create such advisory councils as may be
7authorized to effectuate the purposes of this Act.
8    (H) Coordination with other Agencies. To coordinate its
9activities with federal, state, and local agencies in
10conformity with this Act.
11    (I) Public Grants; Private Gifts.
12        (1) To accept public grants and private gifts as may
13    be authorized.
14        (2) To design grant programs and award grants to
15    eligible recipients.
16    (J) Education and Training. To implement a formal and
17unbiased program of education and training for all employees
18assigned to investigate and conciliate charges under Articles
197A and 7B. The training program shall include the following:
20        (1) substantive and procedural aspects of the
21    investigation and conciliation positions;
22        (2) current issues in human rights law and practice;
23        (3) lectures by specialists in substantive areas
24    related to human rights matters;
25        (4) orientation to each operational unit of the
26    Department and Commission;

 

 

10200SB1720ham002- 41 -LRB102 15815 JDS 42467 a

1        (5) observation of experienced Department
2    investigators and attorneys conducting conciliation
3    conferences, combined with the opportunity to discuss
4    evidence presented and rulings made;
5        (6) the use of hypothetical cases requiring the
6    Department investigator and conciliation conference
7    attorney to issue judgments as a means to evaluating
8    knowledge and writing ability;
9        (7) writing skills;
10        (8) computer skills, including but not limited to word
11    processing and document management.
12    A formal, unbiased and ongoing professional development
13program including, but not limited to, the above-noted areas
14shall be implemented to keep Department investigators and
15attorneys informed of recent developments and issues and to
16assist them in maintaining and enhancing their professional
17competence.
18(Source: P.A. 99-74, eff. 7-20-15.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".