Rep. Greg Harris

Filed: 5/31/2021

 

 


 

 


 
10200SB2017ham002LRB102 16155 JWD 27453 a

1
AMENDMENT TO SENATE BILL 2017

2    AMENDMENT NO. ______. Amend Senate Bill 2017, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5
"ARTICLE 1. SHORT TITLE; PURPOSE

 
6    Section 1-1. Short title. This Act may be cited as the
7FY2022 Budget Implementation Act.
 
8    Section 1-5. Purpose. It is the purpose of this Act to make
9changes in State programs that are necessary to implement the
10State budget for Fiscal Year 2022.
 
11
ARTICLE 2. STATE FINANCE ACT AMENDMENTS AFFECTING THE FISCAL
12
YEAR 2022 BUDGET

 
13    Section 2-5. The State Finance Act is amended by changing

 

 

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1Sections 5.67, 5.176, 5.177, 5.857, 5h.5, 6z-6, 6z-32, 6z-63,
26z-70, 6z-77, 6z-82, 6z-100, 6z-121, 6z-122, 8.3, 8.12,
38.25-4, 8.25e, 8g, 8g-1, 13.2, and 25 and by adding Sections
45.938, 5.939, and 6z-128 as follows:
 
5    (30 ILCS 105/5.67)  (from Ch. 127, par. 141.67)
6    Sec. 5.67. The Metropolitan Exposition, Auditorium and
7Office Building Fund. This Section is repealed June 30, 2021.
8(Source: P.A. 81-1509.)
 
9    (30 ILCS 105/5.176)  (from Ch. 127, par. 141.176)
10    Sec. 5.176. The Illinois Civic Center Bond Fund. This
11Section is repealed June 30, 2021.
12(Source: P.A. 84-1308.)
 
13    (30 ILCS 105/5.177)  (from Ch. 127, par. 141.177)
14    Sec. 5.177. The Illinois Civic Center Bond Retirement and
15Interest Fund. This Section is repealed June 30, 2021.
16(Source: P.A. 84-1308.)
 
17    (30 ILCS 105/5.857)
18    (Section scheduled to be repealed on July 1, 2021)
19    Sec. 5.857. The Capital Development Board Revolving Fund.
20This Section is repealed July 1, 2022 2021.
21(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
22101-10, eff. 6-5-19; 101-645, eff. 6-26-20.)
 

 

 

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1    (30 ILCS 105/5.938 new)
2    Sec. 5.938. The DoIT Special Projects Fund.
 
3    (30 ILCS 105/5.939 new)
4    Sec. 5.939. The Essential Government Services Support
5Fund.
 
6    (30 ILCS 105/5h.5)
7    Sec. 5h.5. Cash flow borrowing and general funds
8liquidity; Fiscal Years 2018, 2019, 2020, and 2021, and 2022.
9    (a) In order to meet cash flow deficits and to maintain
10liquidity in general funds and the Health Insurance Reserve
11Fund, on and after July 1, 2017 and through June 30, 2022 2021,
12the State Treasurer and the State Comptroller, in consultation
13with the Governor's Office of Management and Budget, shall
14make transfers to general funds and the Health Insurance
15Reserve Fund, as directed by the State Comptroller, out of
16special funds of the State, to the extent allowed by federal
17law.
18    No such transfer may reduce the cumulative balance of all
19of the special funds of the State to an amount less than the
20total debt service payable during the 12 months immediately
21following the date of the transfer on any bonded indebtedness
22of the State and any certificates issued under the Short Term
23Borrowing Act. At no time shall the outstanding total

 

 

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1transfers made from the special funds of the State to general
2funds and the Health Insurance Reserve Fund under this Section
3exceed $1,500,000,000; once the amount of $1,500,000,000 has
4been transferred from the special funds of the State to
5general funds and the Health Insurance Reserve Fund,
6additional transfers may be made from the special funds of the
7State to general funds and the Health Insurance Reserve Fund
8under this Section only to the extent that moneys have first
9been re-transferred from general funds and the Health
10Insurance Reserve Fund to those special funds of the State.
11Notwithstanding any other provision of this Section, no such
12transfer may be made from any special fund that is exclusively
13collected by or directly appropriated to any other
14constitutional officer without the written approval of that
15constitutional officer.
16    (b) If moneys have been transferred to general funds and
17the Health Insurance Reserve Fund pursuant to subsection (a)
18of this Section, Public Act 100-23 shall constitute the
19continuing authority for and direction to the State Treasurer
20and State Comptroller to reimburse the funds of origin from
21general funds by transferring to the funds of origin, at such
22times and in such amounts as directed by the Comptroller when
23necessary to support appropriated expenditures from the funds,
24an amount equal to that transferred from them plus any
25interest that would have accrued thereon had the transfer not
26occurred, except that any moneys transferred pursuant to

 

 

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1subsection (a) of this Section shall be repaid to the fund of
2origin within 60 48 months after the date on which they were
3borrowed. When any of the funds from which moneys have been
4transferred pursuant to subsection (a) have insufficient cash
5from which the State Comptroller may make expenditures
6properly supported by appropriations from the fund, then the
7State Treasurer and State Comptroller shall transfer from
8general funds to the fund only such amount as is immediately
9necessary to satisfy outstanding expenditure obligations on a
10timely basis.
11    (c) On the first day of each quarterly period in each
12fiscal year, until such time as a report indicates that all
13moneys borrowed and interest pursuant to this Section have
14been repaid, the Comptroller shall provide to the President
15and the Minority Leader of the Senate, the Speaker and the
16Minority Leader of the House of Representatives, and the
17Commission on Government Forecasting and Accountability a
18report on all transfers made pursuant to this Section in the
19prior quarterly period. The report must be provided in
20electronic format. The report must include all of the
21following:
22        (1) the date each transfer was made;
23        (2) the amount of each transfer;
24        (3) in the case of a transfer from general funds to a
25    fund of origin pursuant to subsection (b) of this Section,
26    the amount of interest being paid to the fund of origin;

 

 

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1    and
2        (4) the end of day balance of the fund of origin, the
3    general funds, and the Health Insurance Reserve Fund on
4    the date the transfer was made.
5(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
6101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
 
7    (30 ILCS 105/6z-6)  (from Ch. 127, par. 142z-6)
8    Sec. 6z-6. All moneys received pursuant to the federal
9Community Services Block Grant shall be deposited into the
10Community Services Block Grant Fund and used for the purposes
11permitted under the Grant. All money received from the federal
12Low-Income Household Water Assistance Program under the
13federal Consolidated Appropriations Act and the American
14Rescue Plan Act of 2021 shall be deposited into the Community
15Services Block Grant Fund and used for the purposes permitted
16under the Program and any related federal guidance.
17(Source: P.A. 83-1053.)
 
18    (30 ILCS 105/6z-32)
19    Sec. 6z-32. Partners for Planning and Conservation.
20    (a) The Partners for Conservation Fund (formerly known as
21the Conservation 2000 Fund) and the Partners for Conservation
22Projects Fund (formerly known as the Conservation 2000
23Projects Fund) are created as special funds in the State
24Treasury. These funds shall be used to establish a

 

 

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1comprehensive program to protect Illinois' natural resources
2through cooperative partnerships between State government and
3public and private landowners. Moneys in these Funds may be
4used, subject to appropriation, by the Department of Natural
5Resources, Environmental Protection Agency, and the Department
6of Agriculture for purposes relating to natural resource
7protection, planning, recreation, tourism, and compatible
8agricultural and economic development activities. Without
9limiting these general purposes, moneys in these Funds may be
10used, subject to appropriation, for the following specific
11purposes:
12        (1) To foster sustainable agriculture practices and
13    control soil erosion, and sedimentation, and nutrient loss
14    from farmland, including grants to Soil and Water
15    Conservation Districts for conservation practice
16    cost-share grants and for personnel, educational, and
17    administrative expenses.
18        (2) To establish and protect a system of ecosystems in
19    public and private ownership through conservation
20    easements, incentives to public and private landowners,
21    natural resource restoration and preservation, water
22    quality protection and improvement, land use and watershed
23    planning, technical assistance and grants, and land
24    acquisition provided these mechanisms are all voluntary on
25    the part of the landowner and do not involve the use of
26    eminent domain.

 

 

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1        (3) To develop a systematic and long-term program to
2    effectively measure and monitor natural resources and
3    ecological conditions through investments in technology
4    and involvement of scientific experts.
5        (4) To initiate strategies to enhance, use, and
6    maintain Illinois' inland lakes through education,
7    technical assistance, research, and financial incentives.
8        (5) To partner with private landowners and with units
9    of State, federal, and local government and with
10    not-for-profit organizations in order to integrate State
11    and federal programs with Illinois' natural resource
12    protection and restoration efforts and to meet
13    requirements to obtain federal and other funds for
14    conservation or protection of natural resources.
15        (6) To implement the State's Nutrient Loss Reduction
16    Strategy, including, but not limited to, funding the
17    resources needed to support the Strategy's Policy Working
18    Group, cover water quality monitoring in support of
19    Strategy implementation, prepare a biennial report on the
20    progress made on the Strategy every 2 years, and provide
21    cost share funding for nutrient capture projects.
22    (b) The State Comptroller and State Treasurer shall
23automatically transfer on the last day of each month,
24beginning on September 30, 1995 and ending on June 30, 2022
252021, from the General Revenue Fund to the Partners for
26Conservation Fund, an amount equal to 1/10 of the amount set

 

 

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1forth below in fiscal year 1996 and an amount equal to 1/12 of
2the amount set forth below in each of the other specified
3fiscal years:
4Fiscal Year Amount
51996$ 3,500,000
61997$ 9,000,000
71998$10,000,000
81999$11,000,000
92000$12,500,000
102001 through 2004$14,000,000
112005 $7,000,000
122006 $11,000,000
132007 $0
142008 through 2011 $14,000,000
152012 $12,200,000
162013 through 2017 $14,000,000
172018 $1,500,000
182019 $14,000,000
192020 $7,500,000
202021 through 2022 $14,000,000
21    (c) The State Comptroller and State Treasurer shall
22automatically transfer on the last day of each month beginning
23on July 31, 2021 and ending June 30, 2022, from the
24Environmental Protection Permit and Inspection Fund to the
25Partners for Conservation Fund, an amount equal to 1/12 of
26$4,135,000. Notwithstanding any other provision of law to the

 

 

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1contrary and in addition to any other transfers that may be
2provided for by law, on the last day of each month beginning on
3July 31, 2006 and ending on June 30, 2007, or as soon
4thereafter as may be practical, the State Comptroller shall
5direct and the State Treasurer shall transfer $1,000,000 from
6the Open Space Lands Acquisition and Development Fund to the
7Partners for Conservation Fund (formerly known as the
8Conservation 2000 Fund).
9    (d) There shall be deposited into the Partners for
10Conservation Projects Fund such bond proceeds and other moneys
11as may, from time to time, be provided by law.
12(Source: P.A. 100-23, eff. 7-6-17; 101-10, eff. 6-5-19.)
 
13    (30 ILCS 105/6z-63)
14    Sec. 6z-63. The Professional Services Fund.
15    (a) The Professional Services Fund is created as a
16revolving fund in the State treasury. The following moneys
17shall be deposited into the Fund:
18        (1) amounts authorized for transfer to the Fund from
19    the General Revenue Fund and other State funds (except for
20    funds classified by the Comptroller as federal trust funds
21    or State trust funds) pursuant to State law or Executive
22    Order;
23        (2) federal funds received by the Department of
24    Central Management Services (the "Department") as a result
25    of expenditures from the Fund;

 

 

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1        (3) interest earned on moneys in the Fund; and
2        (4) receipts or inter-fund transfers resulting from
3    billings issued by the Department to State agencies for
4    the cost of professional services rendered by the
5    Department that are not compensated through the specific
6    fund transfers authorized by this Section.
7    (b) Moneys in the Fund may be used by the Department for
8reimbursement or payment for:
9        (1) providing professional services to State agencies
10    or other State entities;
11        (2) rendering other services to State agencies at the
12    Governor's direction or to other State entities upon
13    agreement between the Director of Central Management
14    Services and the appropriate official or governing body of
15    the other State entity; or
16        (3) providing for payment of administrative and other
17    expenses incurred by the Department in providing
18    professional services.
19    Beginning in fiscal year 2021, moneys in the Fund may also
20be appropriated to and used by the Executive Ethics Commission
21for oversight and administration of the eProcurement system
22known as BidBuy, and by the Chief Procurement Officer
23appointed under paragraph (4) of subsection (a) of Section
2410-20 of the Illinois Procurement Code for the general
25services and operation of the BidBuy system previously
26administered by the Department.

 

 

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1    Beginning in fiscal year 2022, moneys in the Fund may also
2be appropriated to and used by the Commission on Equity and
3Inclusion for its operating and administrative expenses
4related to the Business Enterprise Program, previously
5administered by the Department.
6    (c) State agencies or other State entities may direct the
7Comptroller to process inter-fund transfers or make payment
8through the voucher and warrant process to the Professional
9Services Fund in satisfaction of billings issued under
10subsection (a) of this Section.
11    (d) Reconciliation. For the fiscal year beginning on July
121, 2004 only, the Director of Central Management Services (the
13"Director") shall order that each State agency's payments and
14transfers made to the Fund be reconciled with actual Fund
15costs for professional services provided by the Department on
16no less than an annual basis. The Director may require reports
17from State agencies as deemed necessary to perform this
18reconciliation.
19    (e) (Blank).
20    (e-5) (Blank).
21    (e-7) (Blank).
22    (e-10) (Blank).
23    (e-15) (Blank).
24    (e-20) (Blank).
25    (e-25) (Blank).
26    (e-30) (Blank).

 

 

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

 

 

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1    (e) (Blank).
2    (f) (Blank).
3    (g) (Blank).
4    (h) (Blank).
5    (i) (Blank).
6    (j) (Blank).
7    (k) (Blank).
8    (l) (Blank). Notwithstanding any other provision of State
9law to the contrary, on or after July 1, 2019, and until June
1030, 2020, in addition to any other transfers that may be
11provided for by law, at the direction of and upon notification
12of the Secretary of State, the State Comptroller shall direct
13and the State Treasurer shall transfer amounts into the
14Secretary of State Identification Security and Theft
15Prevention Fund from the designated funds not exceeding the
16following totals:
17    Division of Corporations Registered Limited
18        Liability Partnership
19    Fund....................$287,000
20    Securities Investors Education
21    Fund.............$1,500,000
22    Department of Business Services
23        Special Operations
24    Fund.....................$3,000,000
25    Securities Audit and Enforcement
26    Fund...........$3,500,000

 

 

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1    (m) Notwithstanding any other provision of State law to
2the contrary, on or after July 1, 2020, and until June 30,
32021, in addition to any other transfers that may be provided
4for by law, at the direction of and upon notification of the
5Secretary of State, the State Comptroller shall direct and the
6State Treasurer shall transfer amounts into the Secretary of
7State Identification Security and Theft Prevention Fund from
8the designated funds not exceeding the following totals:
9    Division of Corporations Registered Limited
10        Liability Partnership Fund..................$287,000
11    Securities Investors Education Fund
12......................    .............$1,500,000
13    Department of Business Services Special
14        Operations Fund...........................$4,500,000
15    Securities Audit and Enforcement Fund.........$5,000,000
16    Corporate Franchise Tax Refund Fund...........$3,000,000
17    (n) Notwithstanding any other provision of State law to
18the contrary, on or after July 1, 2021, and until June 30,
192022, in addition to any other transfers that may be provided
20for by law, at the direction of and upon notification of the
21Secretary of State, the State Comptroller shall direct and the
22State Treasurer shall transfer amounts into the Secretary of
23State Identification Security and Theft Prevention Fund from
24the designated funds not exceeding the following totals:
25    Division of Corporations Registered Limited
26        Liability Partnership Fund...................$287,000

 

 

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1    Securities Investors Education Fund............$1,500,000
2    Department of Business Services Special
3        Operations Fund............................$4,500,000
4    Securities Audit and Enforcement Fund..........$5,000,000
5    Corporate Franchise Tax Refund Fund............$3,000,000
6(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
7101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
 
8    (30 ILCS 105/6z-77)
9    Sec. 6z-77. The Capital Projects Fund. The Capital
10Projects Fund is created as a special fund in the State
11Treasury. The State Comptroller and State Treasurer shall
12transfer from the Capital Projects Fund to the General Revenue
13Fund $61,294,550 on October 1, 2009, $122,589,100 on January
141, 2010, and $61,294,550 on April 1, 2010. Beginning on July 1,
152010, and on July 1 and January 1 of each year thereafter, the
16State Comptroller and State Treasurer shall transfer the sum
17of $122,589,100 from the Capital Projects Fund to the General
18Revenue Fund. In Fiscal Year 2022 only, the State Comptroller
19and State Treasurer shall transfer up to $40,000,000 of sports
20wagering revenues from the Capital Projects Fund to the
21Rebuild Illinois Projects Fund in one or more transfers as
22directed by the Governor. Subject to appropriation, the
23Capital Projects Fund may be used only for capital projects
24and the payment of debt service on bonds issued for capital
25projects. All interest earned on moneys in the Fund shall be

 

 

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1deposited into the Fund. The Fund shall not be subject to
2administrative charges or chargebacks, such as but not limited
3to those authorized under Section 8h.
4(Source: P.A. 96-34, eff. 7-13-09.)
 
5    (30 ILCS 105/6z-82)
6    Sec. 6z-82. State Police Operations Assistance Fund.
7    (a) There is created in the State treasury a special fund
8known as the State Police Operations Assistance Fund. The Fund
9shall receive revenue under the Criminal and Traffic
10Assessment Act. The Fund may also receive revenue from grants,
11donations, appropriations, and any other legal source.
12    (b) The Department of State Police may use moneys in the
13Fund to finance any of its lawful purposes or functions.
14    (c) Expenditures may be made from the Fund only as
15appropriated by the General Assembly by law.
16    (d) Investment income that is attributable to the
17investment of moneys in the Fund shall be retained in the Fund
18for the uses specified in this Section.
19    (e) The State Police Operations Assistance Fund shall not
20be subject to administrative chargebacks.
21    (f) (Blank). Notwithstanding any other provision of State
22law to the contrary, on or after July 1, 2012, and until June
2330, 2013, in addition to any other transfers that may be
24provided for by law, at the direction of and upon notification
25from the Director of State Police, the State Comptroller shall

 

 

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1direct and the State Treasurer shall transfer amounts into the
2State Police Operations Assistance Fund from the designated
3funds not exceeding the following totals:
4    State Police Vehicle Fund......................$2,250,000
5    State Police Wireless Service
6        Emergency Fund.............................$2,500,000
7    State Police Services Fund.....................$3,500,000
8    (g) Notwithstanding any other provision of State law to
9the contrary, on or after July 1, 2021, in addition to any
10other transfers that may be provided for by law, at the
11direction of and upon notification from the Director of State
12Police, the State Comptroller shall direct and the State
13Treasurer shall transfer amounts not exceeding $7,000,000 into
14the State Police Operations Assistance Fund from the State
15Police Services Fund.
16(Source: P.A. 100-987, eff. 7-1-19.)
 
17    (30 ILCS 105/6z-100)
18    (Section scheduled to be repealed on July 1, 2021)
19    Sec. 6z-100. Capital Development Board Revolving Fund;
20payments into and use. All monies received by the Capital
21Development Board for publications or copies issued by the
22Board, and all monies received for contract administration
23fees, charges, or reimbursements owing to the Board shall be
24deposited into a special fund known as the Capital Development
25Board Revolving Fund, which is hereby created in the State

 

 

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1treasury. The monies in this Fund shall be used by the Capital
2Development Board, as appropriated, for expenditures for
3personal services, retirement, social security, contractual
4services, legal services, travel, commodities, printing,
5equipment, electronic data processing, or telecommunications.
6For fiscal year 2021 and thereafter, the monies in this Fund
7may also be appropriated to and used by the Executive Ethics
8Commission for oversight and administration of the Chief
9Procurement Officer appointed under paragraph (1) of
10subsection (a) of Section 10-20 of the Illinois Procurement
11Code responsible for capital procurement. Unexpended moneys in
12the Fund shall not be transferred or allocated by the
13Comptroller or Treasurer to any other fund, nor shall the
14Governor authorize the transfer or allocation of those moneys
15to any other fund. This Section is repealed July 1, 2022 2021.
16(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
17101-10, eff. 6-5-19; 101-636, eff. 6-10-20; 101-645, eff.
186-26-20.)
 
19    (30 ILCS 105/6z-121)
20    Sec. 6z-121. State Coronavirus Urgent Remediation
21Emergency Fund.
22    (a) The State Coronavirus Urgent Remediation Emergency
23(State CURE) Fund is created as a federal trust fund within the
24State treasury. The State CURE Fund shall be held separate and
25apart from all other funds in the State treasury. The State

 

 

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1CURE Fund is established: (1) to receive, directly or
2indirectly, federal funds from the Coronavirus Relief Fund in
3accordance with Section 5001 of the federal Coronavirus Aid,
4Relief, and Economic Security (CARES) Act, the Coronavirus
5State Fiscal Recovery Fund in accordance with Section 9901 of
6the American Rescue Plan Act of 2021, or from any other federal
7fund pursuant to any other provision of the American Rescue
8Plan Act of 2021 or any other federal law; and (2) to provide
9for the transfer, distribution and expenditure of such federal
10funds as permitted in the federal Coronavirus Aid, Relief, and
11Economic Security (CARES) Act, the American Rescue Plan Act of
122021, and related federal guidance or any other federal law,
13and as authorized by this Section.
14    (b) Federal funds received by the State from the
15Coronavirus Relief Fund in accordance with Section 5001 of the
16federal Coronavirus Aid, Relief, and Economic Security (CARES)
17Act, the Coronavirus State Fiscal Recovery Fund in accordance
18with Section 9901 of the American Rescue Plan Act of 2021, or
19any other federal funds received pursuant to the American
20Rescue Plan Act of 2021 or any other federal law, may be
21deposited, directly or indirectly, into the State CURE Fund.
22    (c) Funds in the State CURE Fund may be expended, subject
23to appropriation, directly for purposes permitted under the
24federal law and related federal guidance governing the use of
25such funds, which may include without limitation purposes
26permitted in Section 5001 of the CARES Act and Sections 3201,

 

 

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13206, and 9901 of the American Rescue Plan Act of 2021. All
2federal funds received into the State CURE Fund from the
3Coronavirus Relief Fund, the Coronavirus State Fiscal Recovery
4Fund, or any other source under the American Rescue Plan Act of
52021, may be transferred or expended by the Illinois Emergency
6Management Agency at the direction of the Governor for the
7specific purposes permitted by the federal Coronavirus Aid,
8Relief, and Economic Security (CARES) Act, the American Rescue
9Plan Act of 2021, any related regulations or federal guidance,
10and any terms and conditions of the federal awards received by
11the State thereunder. The State Comptroller shall direct and
12the State Treasurer shall transfer, as directed by the
13Governor in writing, a portion of the federal funds received
14from the Coronavirus Relief Fund or from any other federal
15fund pursuant to any other provision of federal law may be
16transferred to the Local Coronavirus Urgent Remediation
17Emergency (Local CURE) Fund from time to time for the
18provision and administration of grants to units of local
19government as permitted by the federal Coronavirus Aid,
20Relief, and Economic Security (CARES) Act, any related federal
21guidance, and any other additional federal law that may
22provide authorization. The State Comptroller shall direct and
23the State Treasurer shall transfer amounts, as directed by the
24Governor in writing, from the State CURE Fund to the Essential
25Government Services Support Fund to be used for the provision
26of government services as permitted under Section 602(c)(1)(C)

 

 

10200SB2017ham002- 22 -LRB102 16155 JWD 27453 a

1of the Social Security Act as enacted by Section 9901 of the
2American Rescue Plan Act and related federal guidance. Funds
3in the State CURE Fund also may be transferred to other funds
4in the State treasury as reimbursement for expenditures made
5from such other funds if the expenditures are eligible for
6federal reimbursement under Section 5001 of the federal
7Coronavirus Aid, Relief, and Economic Security (CARES) Act,
8the relevant provisions of the American Rescue Plan Act of
92021, or any and related federal guidance. Funds in the State
10CURE Fund also may be expended directly on expenditures
11eligible for federal reimbursement under Section 5001 of the
12federal Coronavirus Aid, Relief, and Economic Security (CARES)
13Act and related federal guidance.
14    (d) Once the General Assembly has enacted appropriations
15from the State CURE Fund, the expenditure of funds from the
16State CURE Fund shall be subject to appropriation by the
17General Assembly, and shall be administered by the Illinois
18Emergency Management Agency at the direction of the Governor.
19The Illinois Emergency Management Agency, and other agencies
20as named in appropriations, shall transfer, distribute or
21expend the funds. The State Comptroller shall direct and the
22State Treasurer shall transfer funds in the State CURE Fund to
23other funds in the State treasury as reimbursement for
24expenditures made from such other funds if the expenditures
25are eligible for federal reimbursement under Section 5001 of
26the federal Coronavirus Aid, Relief, and Economic Security

 

 

10200SB2017ham002- 23 -LRB102 16155 JWD 27453 a

1(CARES) Act, the relevant provisions of the American Rescue
2Plan Act of 2021, or any and related federal guidance, as
3directed in writing by the Governor. Additional funds that may
4be received from the federal government from legislation
5enacted in response to the impact of Coronavirus Disease 2019,
6including fiscal stabilization payments that replace revenues
7lost due to Coronavirus Disease 2019, The State Comptroller
8may direct and the State Treasurer shall transfer in the
9manner authorized or required by any related federal guidance,
10as directed in writing by the Governor.
11    (e) Unexpended funds in the State CURE Fund shall be paid
12back to the federal government at the direction of the
13Governor.
14    (f) In addition to any other transfers that may be
15provided for by law, at the direction of the Governor, the
16State Comptroller shall direct and the State Treasurer shall
17transfer the sum of $24,523,000 from the State CURE Fund to the
18Chicago Travel Industry Promotion Fund.
19    (g) In addition to any other transfers that may be
20provided for by law, at the direction of the Governor, the
21State Comptroller shall direct and the State Treasurer shall
22transfer the sum of $30,000,000 from the State CURE Fund to the
23Metropolitan Pier and Exposition Authority Incentive Fund.
24    (h) In addition to any other transfers that may be
25provided for by law, at the direction of the Governor, the
26State Comptroller shall direct and the State Treasurer shall

 

 

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1transfer the sum of $45,180,000 from the State CURE Fund to the
2Local Tourism Fund.
3(Source: P.A. 101-636, eff. 6-10-20.)
 
4    (30 ILCS 105/6z-122)
5    Sec. 6z-122. Local Coronavirus Urgent Remediation
6Emergency Fund.
7    (a) The Local Coronavirus Urgent Remediation Emergency
8Fund, or Local CURE Fund, is created as a federal trust fund
9within the State treasury. The Local CURE Fund shall be held
10separate and apart from all other funds of the State. The Local
11CURE Fund is established: (1) to receive transfers from either
12the Disaster Response and Recovery Fund or the State
13Coronavirus Urgent Remediation Emergency (State CURE) Fund of
14federal funds received by the State from the Coronavirus
15Relief Fund in accordance with Section 5001 of the federal
16Coronavirus Aid, Relief, and Economic Security (CARES) Act or
17pursuant to any other provision of federal law; and (2) to
18provide for the administration and payment of grants and
19expense reimbursements to units of local government as
20permitted in the federal Coronavirus Aid, Relief, and Economic
21Security (CARES) Act and related federal guidance, as
22authorized by this Section, and as authorized in the
23Department of Commerce and Economic Opportunity Act.
24    (b) A portion of the funds received into either the
25Disaster Response and Recovery Fund or the State CURE Fund

 

 

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1from the Coronavirus Relief Fund in accordance with Section
25001 of the federal Coronavirus Aid, Relief, and Economic
3Security (CARES) Act may be transferred into the Local CURE
4Fund from time to time. Such funds transferred to the Local
5CURE Fund may be used by the Department of Commerce and
6Economic Opportunity only to provide for the awarding and
7administration and payment of grants and expense
8reimbursements to units of local government for the specific
9purposes permitted by the federal Coronavirus Aid, Relief, and
10Economic Security (CARES) Act and any related federal
11guidance, the terms and conditions of the federal awards
12through which the funds are received by the State, in
13accordance with the procedures established in this Section,
14and as authorized in the Department of Commerce and Economic
15Opportunity Act.
16    (c) Unless federal guidance expands the authorized uses,
17the funds received by units of local government from the Local
18CURE Fund may be used only to cover the costs of the units of
19local government that (1) are necessary expenditures incurred
20due to the public health emergency caused by the Coronavirus
21Disease 2019, (2) were not accounted for in the budget of the
22State or unit of local government most recently approved as of
23March 27, 2020: and are incurred on or after March 1, 2020 and
24before December 31, 2021 2020; however, if new federal
25guidance or new federal law expands authorized uses or extends
26the covered period, then the funds may be used for any other

 

 

10200SB2017ham002- 26 -LRB102 16155 JWD 27453 a

1permitted purposes throughout the covered period.
2    (d) The expenditure of funds from the Local CURE Fund
3shall be subject to appropriation by the General Assembly.
4    (d-5) In addition to the purposes described in subsection
5(a), the Local CURE Fund may receive, directly or indirectly,
6federal funds from the Coronavirus Local Fiscal Recovery Fund
7in accordance with Section 9901 of the American Rescue Plan
8Act of 2021 in order to provide payments to units of local
9government as directed by Section 9901 of the American Rescue
10Plan Act of 2021 and related federal guidance. Such moneys on
11deposit in the Local CURE Fund shall be paid to units of local
12government in accordance with Section 9901 of the American
13Rescue Plan Act of 2021 and as directed by federal guidance on
14a continuing basis by the Department of Revenue, in
15cooperation with the Department of Commerce and Economic
16Opportunity and as instructed by the Governor.
17    (e) Unexpended funds in the Local CURE Fund shall be
18transferred or paid back to the State CURE Fund or to the
19federal government at the direction of the Governor.
20(Source: P.A. 101-636, eff. 6-10-20.)
 
21    (30 ILCS 105/6z-128 new)
22    Sec. 6z-128. Essential Government Services Support Fund.
23    (a) The Essential Government Services Support Fund (the
24EGSS Fund) is created as a federal trust fund within the State
25treasury. The EGSS Fund is established: (1) to receive,

 

 

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1directly or indirectly, federal funds from the Coronavirus
2State Fiscal Recovery Fund in accordance with Section 9901 of
3the federal American Rescue Plan Act of 2021; and (2) to
4provide for the use of such funds for purposes permitted by
5Section 9901 of the American Rescue Plan Act of 2021,
6including the provision of government services as permitted
7under Section 602(c)(1)(C) of the Social Security Act as
8enacted by Section 9901 of the American Rescue Plan Act of
92021, and as authorized by this Section.
10    (b) Federal funds received by the State from the
11Coronavirus State Fiscal Recovery Fund in accordance with
12Section 9901 of the American Rescue Plan Act of 2021 may be
13deposited, directly or indirectly, into the EGSS Fund.
14    (c) The EGSS Fund shall be subject to appropriation by the
15General Assembly. The fund shall be administered by the
16Illinois Emergency Management Agency at the direction of the
17Governor. The Illinois Emergency Management Agency, and other
18agencies as named in appropriations, shall transfer,
19distribute or expend the funds. Funds in the EGSS Fund may be
20expended, subject to appropriation, directly for purposes
21permitted under Section 9901 of the American Rescue Plan Act
22of 2021 and related federal guidance governing the use of such
23funds, including the provision of government services as
24permitted under Section 602(c)(1)(C) of the Social Security
25Act as enacted by Section 9901 of the American Rescue Plan Act
26of 2021.

 

 

10200SB2017ham002- 28 -LRB102 16155 JWD 27453 a

1    (d) All funds received, directly or indirectly, into the
2EGSS Fund from the Coronavirus State Fiscal Recovery Fund may
3be transferred or expended at the direction of the Governor
4for the specific purposes permitted under Section 9901 of the
5American Rescue Plan Act of 2021 and any related federal
6guidance. The State Comptroller shall direct and the State
7Treasurer shall transfer from time to time, as directed by the
8Governor in writing, any of the funds in the EGSS Fund to the
9General Revenue Fund or other funds in the State treasury as
10needed for expenditures, or as reimbursement for expenditures
11made, from such other funds for permitted purposes under
12Section 9901 of the American Rescue Plan Act of 2021,
13including the provision of government services.
14    (e) Unexpended funds in the EGSS Fund shall be paid back to
15the federal government at the direction of the Governor.
 
16    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
17    Sec. 8.3. Money in the Road Fund shall, if and when the
18State of Illinois incurs any bonded indebtedness for the
19construction of permanent highways, be set aside and used for
20the purpose of paying and discharging annually the principal
21and interest on that bonded indebtedness then due and payable,
22and for no other purpose. The surplus, if any, in the Road Fund
23after the payment of principal and interest on that bonded
24indebtedness then annually due shall be used as follows:
25        first -- to pay the cost of administration of Chapters

 

 

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1    2 through 10 of the Illinois Vehicle Code, except the cost
2    of administration of Articles I and II of Chapter 3 of that
3    Code, and to pay the costs of the Executive Ethics
4    Commission for oversight and administration of the Chief
5    Procurement Officer appointed under paragraph (2) of
6    subsection (a) of Section 10-20 of the Illinois
7    Procurement Code for transportation; and
8        secondly -- for expenses of the Department of
9    Transportation for construction, reconstruction,
10    improvement, repair, maintenance, operation, and
11    administration of highways in accordance with the
12    provisions of laws relating thereto, or for any purpose
13    related or incident to and connected therewith, including
14    the separation of grades of those highways with railroads
15    and with highways and including the payment of awards made
16    by the Illinois Workers' Compensation Commission under the
17    terms of the Workers' Compensation Act or Workers'
18    Occupational Diseases Act for injury or death of an
19    employee of the Division of Highways in the Department of
20    Transportation; or for the acquisition of land and the
21    erection of buildings for highway purposes, including the
22    acquisition of highway right-of-way or for investigations
23    to determine the reasonably anticipated future highway
24    needs; or for making of surveys, plans, specifications and
25    estimates for and in the construction and maintenance of
26    flight strips and of highways necessary to provide access

 

 

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1    to military and naval reservations, to defense industries
2    and defense-industry sites, and to the sources of raw
3    materials and for replacing existing highways and highway
4    connections shut off from general public use at military
5    and naval reservations and defense-industry sites, or for
6    the purchase of right-of-way, except that the State shall
7    be reimbursed in full for any expense incurred in building
8    the flight strips; or for the operating and maintaining of
9    highway garages; or for patrolling and policing the public
10    highways and conserving the peace; or for the operating
11    expenses of the Department relating to the administration
12    of public transportation programs; or, during fiscal year
13    2020 only, for the purposes of a grant not to exceed
14    $8,394,800 to the Regional Transportation Authority on
15    behalf of PACE for the purpose of ADA/Para-transit
16    expenses; or, during fiscal year 2021 only, for the
17    purposes of a grant not to exceed $8,394,800 to the
18    Regional Transportation Authority on behalf of PACE for
19    the purpose of ADA/Para-transit expenses; or, during
20    fiscal year 2022 only, for the purposes of a grant not to
21    exceed $8,394,800 to the Regional Transportation Authority
22    on behalf of PACE for the purpose of ADA/Para-transit
23    expenses; or for any of those purposes or any other
24    purpose that may be provided by law.
25    Appropriations for any of those purposes are payable from
26the Road Fund. Appropriations may also be made from the Road

 

 

10200SB2017ham002- 31 -LRB102 16155 JWD 27453 a

1Fund for the administrative expenses of any State agency that
2are related to motor vehicles or arise from the use of motor
3vehicles.
4    Beginning with fiscal year 1980 and thereafter, no Road
5Fund monies shall be appropriated to the following Departments
6or agencies of State government for administration, grants, or
7operations; but this limitation is not a restriction upon
8appropriating for those purposes any Road Fund monies that are
9eligible for federal reimbursement:
10        1. Department of Public Health;
11        2. Department of Transportation, only with respect to
12    subsidies for one-half fare Student Transportation and
13    Reduced Fare for Elderly, except fiscal year 2020 only
14    when no more than $17,570,000 may be expended and except
15    fiscal year 2021 only when no more than $17,570,000 may be
16    expended and except fiscal year 2022 only when no more
17    than $17,570,000 may be expended;
18        3. Department of Central Management Services, except
19    for expenditures incurred for group insurance premiums of
20    appropriate personnel;
21        4. Judicial Systems and Agencies.
22    Beginning with fiscal year 1981 and thereafter, no Road
23Fund monies shall be appropriated to the following Departments
24or agencies of State government for administration, grants, or
25operations; but this limitation is not a restriction upon
26appropriating for those purposes any Road Fund monies that are

 

 

10200SB2017ham002- 32 -LRB102 16155 JWD 27453 a

1eligible for federal reimbursement:
2        1. Department of State Police, except for expenditures
3    with respect to the Division of Operations;
4        2. Department of Transportation, only with respect to
5    Intercity Rail Subsidies, except fiscal year 2020 only
6    when no more than $50,000,000 may be expended and except
7    fiscal year 2021 only when no more than $50,000,000 may be
8    expended and except fiscal year 2022 only when no more
9    than $50,000,000 may be expended, and Rail Freight
10    Services.
11    Beginning with fiscal year 1982 and thereafter, no Road
12Fund monies shall be appropriated to the following Departments
13or agencies of State government for administration, grants, or
14operations; but this limitation is not a restriction upon
15appropriating for those purposes any Road Fund monies that are
16eligible for federal reimbursement: Department of Central
17Management Services, except for awards made by the Illinois
18Workers' Compensation Commission under the terms of the
19Workers' Compensation Act or Workers' Occupational Diseases
20Act for injury or death of an employee of the Division of
21Highways in the Department of Transportation.
22    Beginning with fiscal year 1984 and thereafter, no Road
23Fund monies shall be appropriated to the following Departments
24or agencies of State government for administration, grants, or
25operations; but this limitation is not a restriction upon
26appropriating for those purposes any Road Fund monies that are

 

 

10200SB2017ham002- 33 -LRB102 16155 JWD 27453 a

1eligible for federal reimbursement:
2        1. Department of State Police, except not more than
3    40% of the funds appropriated for the Division of
4    Operations;
5        2. State Officers.
6    Beginning with fiscal year 1984 and thereafter, no Road
7Fund monies shall be appropriated to any Department or agency
8of State government for administration, grants, or operations
9except as provided hereafter; but this limitation is not a
10restriction upon appropriating for those purposes any Road
11Fund monies that are eligible for federal reimbursement. It
12shall not be lawful to circumvent the above appropriation
13limitations by governmental reorganization or other methods.
14Appropriations shall be made from the Road Fund only in
15accordance with the provisions of this Section.
16    Money in the Road Fund shall, if and when the State of
17Illinois incurs any bonded indebtedness for the construction
18of permanent highways, be set aside and used for the purpose of
19paying and discharging during each fiscal year the principal
20and interest on that bonded indebtedness as it becomes due and
21payable as provided in the Transportation Bond Act, and for no
22other purpose. The surplus, if any, in the Road Fund after the
23payment of principal and interest on that bonded indebtedness
24then annually due shall be used as follows:
25        first -- to pay the cost of administration of Chapters
26    2 through 10 of the Illinois Vehicle Code; and

 

 

10200SB2017ham002- 34 -LRB102 16155 JWD 27453 a

1        secondly -- no Road Fund monies derived from fees,
2    excises, or license taxes relating to registration,
3    operation and use of vehicles on public highways or to
4    fuels used for the propulsion of those vehicles, shall be
5    appropriated or expended other than for costs of
6    administering the laws imposing those fees, excises, and
7    license taxes, statutory refunds and adjustments allowed
8    thereunder, administrative costs of the Department of
9    Transportation, including, but not limited to, the
10    operating expenses of the Department relating to the
11    administration of public transportation programs, payment
12    of debts and liabilities incurred in construction and
13    reconstruction of public highways and bridges, acquisition
14    of rights-of-way for and the cost of construction,
15    reconstruction, maintenance, repair, and operation of
16    public highways and bridges under the direction and
17    supervision of the State, political subdivision, or
18    municipality collecting those monies, or during fiscal
19    year 2020 only for the purposes of a grant not to exceed
20    $8,394,800 to the Regional Transportation Authority on
21    behalf of PACE for the purpose of ADA/Para-transit
22    expenses, or during fiscal year 2021 only for the purposes
23    of a grant not to exceed $8,394,800 to the Regional
24    Transportation Authority on behalf of PACE for the purpose
25    of ADA/Para-transit expenses, or during fiscal year 2022
26    only for the purposes of a grant not to exceed $8,394,800

 

 

10200SB2017ham002- 35 -LRB102 16155 JWD 27453 a

1    to the Regional Transportation Authority on behalf of PACE
2    for the purpose of ADA/Para-transit expenses, and the
3    costs for patrolling and policing the public highways (by
4    State, political subdivision, or municipality collecting
5    that money) for enforcement of traffic laws. The
6    separation of grades of such highways with railroads and
7    costs associated with protection of at-grade highway and
8    railroad crossing shall also be permissible.
9    Appropriations for any of such purposes are payable from
10the Road Fund or the Grade Crossing Protection Fund as
11provided in Section 8 of the Motor Fuel Tax Law.
12    Except as provided in this paragraph, beginning with
13fiscal year 1991 and thereafter, no Road Fund monies shall be
14appropriated to the Department of State Police for the
15purposes of this Section in excess of its total fiscal year
161990 Road Fund appropriations for those purposes unless
17otherwise provided in Section 5g of this Act. For fiscal years
182003, 2004, 2005, 2006, and 2007 only, no Road Fund monies
19shall be appropriated to the Department of State Police for
20the purposes of this Section in excess of $97,310,000. For
21fiscal year 2008 only, no Road Fund monies shall be
22appropriated to the Department of State Police for the
23purposes of this Section in excess of $106,100,000. For fiscal
24year 2009 only, no Road Fund monies shall be appropriated to
25the Department of State Police for the purposes of this
26Section in excess of $114,700,000. Beginning in fiscal year

 

 

10200SB2017ham002- 36 -LRB102 16155 JWD 27453 a

12010, no road fund moneys shall be appropriated to the
2Department of State Police. It shall not be lawful to
3circumvent this limitation on appropriations by governmental
4reorganization or other methods unless otherwise provided in
5Section 5g of this Act.
6    In fiscal year 1994, no Road Fund monies shall be
7appropriated to the Secretary of State for the purposes of
8this Section in excess of the total fiscal year 1991 Road Fund
9appropriations to the Secretary of State for those purposes,
10plus $9,800,000. It shall not be lawful to circumvent this
11limitation on appropriations by governmental reorganization or
12other method.
13    Beginning with fiscal year 1995 and thereafter, no Road
14Fund monies shall be appropriated to the Secretary of State
15for the purposes of this Section in excess of the total fiscal
16year 1994 Road Fund appropriations to the Secretary of State
17for those purposes. It shall not be lawful to circumvent this
18limitation on appropriations by governmental reorganization or
19other methods.
20    Beginning with fiscal year 2000, total Road Fund
21appropriations to the Secretary of State for the purposes of
22this Section shall not exceed the amounts specified for the
23following fiscal years:
24    Fiscal Year 2000$80,500,000;
25    Fiscal Year 2001$80,500,000;
26    Fiscal Year 2002$80,500,000;

 

 

10200SB2017ham002- 37 -LRB102 16155 JWD 27453 a

1    Fiscal Year 2003$130,500,000;
2    Fiscal Year 2004$130,500,000;
3    Fiscal Year 2005$130,500,000;
4    Fiscal Year 2006 $130,500,000;
5    Fiscal Year 2007 $130,500,000;
6    Fiscal Year 2008$130,500,000;
7    Fiscal Year 2009 $130,500,000.
8    For fiscal year 2010, no road fund moneys shall be
9appropriated to the Secretary of State.
10    Beginning in fiscal year 2011, moneys in the Road Fund
11shall be appropriated to the Secretary of State for the
12exclusive purpose of paying refunds due to overpayment of fees
13related to Chapter 3 of the Illinois Vehicle Code unless
14otherwise provided for by law.
15    It shall not be lawful to circumvent this limitation on
16appropriations by governmental reorganization or other
17methods.
18    No new program may be initiated in fiscal year 1991 and
19thereafter that is not consistent with the limitations imposed
20by this Section for fiscal year 1984 and thereafter, insofar
21as appropriation of Road Fund monies is concerned.
22    Nothing in this Section prohibits transfers from the Road
23Fund to the State Construction Account Fund under Section 5e
24of this Act; nor to the General Revenue Fund, as authorized by
25Public Act 93-25.
26    The additional amounts authorized for expenditure in this

 

 

10200SB2017ham002- 38 -LRB102 16155 JWD 27453 a

1Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
2shall be repaid to the Road Fund from the General Revenue Fund
3in the next succeeding fiscal year that the General Revenue
4Fund has a positive budgetary balance, as determined by
5generally accepted accounting principles applicable to
6government.
7    The additional amounts authorized for expenditure by the
8Secretary of State and the Department of State Police in this
9Section by Public Act 94-91 shall be repaid to the Road Fund
10from the General Revenue Fund in the next succeeding fiscal
11year that the General Revenue Fund has a positive budgetary
12balance, as determined by generally accepted accounting
13principles applicable to government.
14(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
15100-863, eff.8-14-18; 101-10, eff. 6-5-19; 101-636, eff.
166-10-20.)
 
17    (30 ILCS 105/8.12)   (from Ch. 127, par. 144.12)
18    Sec. 8.12. State Pensions Fund.
19    (a) The moneys in the State Pensions Fund shall be used
20exclusively for the administration of the Revised Uniform
21Unclaimed Property Act and for the expenses incurred by the
22Auditor General for administering the provisions of Section
232-8.1 of the Illinois State Auditing Act and for operational
24expenses of the Office of the State Treasurer and for the
25funding of the unfunded liabilities of the designated

 

 

10200SB2017ham002- 39 -LRB102 16155 JWD 27453 a

1retirement systems. For the purposes of this Section,
2"operational expenses of the Office of the State Treasurer"
3includes the acquisition of land and buildings in State fiscal
4years 2019 and 2020 for use by the Office of the State
5Treasurer, as well as construction, reconstruction,
6improvement, repair, and maintenance, in accordance with the
7provisions of laws relating thereto, of such lands and
8buildings beginning in State fiscal year 2019 and thereafter.
9Beginning in State fiscal year 2023 2022, payments to the
10designated retirement systems under this Section shall be in
11addition to, and not in lieu of, any State contributions
12required under the Illinois Pension Code.
13    "Designated retirement systems" means:
14        (1) the State Employees' Retirement System of
15    Illinois;
16        (2) the Teachers' Retirement System of the State of
17    Illinois;
18        (3) the State Universities Retirement System;
19        (4) the Judges Retirement System of Illinois; and
20        (5) the General Assembly Retirement System.
21    (b) Each year the General Assembly may make appropriations
22from the State Pensions Fund for the administration of the
23Revised Uniform Unclaimed Property Act.
24    (c) As soon as possible after July 30, 2004 (the effective
25date of Public Act 93-839), the General Assembly shall
26appropriate from the State Pensions Fund (1) to the State

 

 

10200SB2017ham002- 40 -LRB102 16155 JWD 27453 a

1Universities Retirement System the amount certified under
2Section 15-165 during the prior year, (2) to the Judges
3Retirement System of Illinois the amount certified under
4Section 18-140 during the prior year, and (3) to the General
5Assembly Retirement System the amount certified under Section
62-134 during the prior year as part of the required State
7contributions to each of those designated retirement systems.
8If the amount in the State Pensions Fund does not exceed the
9sum of the amounts certified in Sections 15-165, 18-140, and
102-134 by at least $5,000,000, the amount paid to each
11designated retirement system under this subsection shall be
12reduced in proportion to the amount certified by each of those
13designated retirement systems.
14    (c-5) For fiscal years 2006 through 2022 2021, the General
15Assembly shall appropriate from the State Pensions Fund to the
16State Universities Retirement System the amount estimated to
17be available during the fiscal year in the State Pensions
18Fund; provided, however, that the amounts appropriated under
19this subsection (c-5) shall not reduce the amount in the State
20Pensions Fund below $5,000,000.
21    (c-6) For fiscal year 2023 2022 and each fiscal year
22thereafter, as soon as may be practical after any money is
23deposited into the State Pensions Fund from the Unclaimed
24Property Trust Fund, the State Treasurer shall apportion the
25deposited amount among the designated retirement systems as
26defined in subsection (a) to reduce their actuarial reserve

 

 

10200SB2017ham002- 41 -LRB102 16155 JWD 27453 a

1deficiencies. The State Comptroller and State Treasurer shall
2pay the apportioned amounts to the designated retirement
3systems to fund the unfunded liabilities of the designated
4retirement systems. The amount apportioned to each designated
5retirement system shall constitute a portion of the amount
6estimated to be available for appropriation from the State
7Pensions Fund that is the same as that retirement system's
8portion of the total actual reserve deficiency of the systems,
9as determined annually by the Governor's Office of Management
10and Budget at the request of the State Treasurer. The amounts
11apportioned under this subsection shall not reduce the amount
12in the State Pensions Fund below $5,000,000.
13    (d) The Governor's Office of Management and Budget shall
14determine the individual and total reserve deficiencies of the
15designated retirement systems. For this purpose, the
16Governor's Office of Management and Budget shall utilize the
17latest available audit and actuarial reports of each of the
18retirement systems and the relevant reports and statistics of
19the Public Employee Pension Fund Division of the Department of
20Insurance.
21    (d-1) (Blank).
22    (e) The changes to this Section made by Public Act 88-593
23shall first apply to distributions from the Fund for State
24fiscal year 1996.
25(Source: P.A. 100-22, eff. 1-1-18; 100-23, eff. 7-6-17;
26100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 101-10, eff.

 

 

10200SB2017ham002- 42 -LRB102 16155 JWD 27453 a

16-5-19; 101-487, eff. 8-23-19; 101-636, eff. 6-10-20.)
 
2    (30 ILCS 105/8.25-4)  (from Ch. 127, par. 144.25-4)
3    Sec. 8.25-4. All moneys in the Illinois Sports Facilities
4Fund are allocated to and shall be transferred, appropriated
5and used only for the purposes authorized by, and subject to,
6the limitations and conditions of this Section.
7    All moneys deposited pursuant to Section 13.1 of "An Act
8in relation to State revenue sharing with local governmental
9entities", as amended, and all moneys deposited with respect
10to the $5,000,000 deposit, but not the additional $8,000,000
11advance applicable before July 1, 2001, or the Advance Amount
12applicable on and after that date, pursuant to Section 6 of
13"The Hotel Operators' Occupation Tax Act", as amended, into
14the Illinois Sports Facilities Fund shall be credited to the
15Subsidy Account within the Fund. All moneys deposited with
16respect to the additional $8,000,000 advance applicable before
17July 1, 2001, or the Advance Amount applicable on and after
18that date, but not the $5,000,000 deposit, pursuant to Section
196 of "The Hotel Operators' Occupation Tax Act", as amended,
20into the Illinois Sports Facilities Fund shall be credited to
21the Advance Account within the Fund. All moneys deposited from
22any transfer pursuant to Section 8g-1 of the State Finance Act
23shall be credited to the Advance Account within the Fund.
24    Beginning with fiscal year 1989 and continuing for each
25fiscal year thereafter through and including fiscal year 2001,

 

 

10200SB2017ham002- 43 -LRB102 16155 JWD 27453 a

1no less than 30 days before the beginning of such fiscal year
2(except as soon as may be practicable after the effective date
3of this amendatory Act of 1988 with respect to fiscal year
41989) the Chairman of the Illinois Sports Facilities Authority
5shall certify to the State Comptroller and the State
6Treasurer, without taking into account any revenues or
7receipts of the Authority, the lesser of (a) $18,000,000 and
8(b) the sum of (i) the amount anticipated to be required by the
9Authority during the fiscal year to pay principal of and
10interest on, and other payments relating to, its obligations
11issued or to be issued under Section 13 of the Illinois Sports
12Facilities Authority Act, including any deposits required to
13reserve funds created under any indenture or resolution
14authorizing issuance of the obligations and payments to
15providers of credit enhancement, (ii) the amount anticipated
16to be required by the Authority during the fiscal year to pay
17obligations under the provisions of any management agreement
18with respect to a facility or facilities owned by the
19Authority or of any assistance agreement with respect to any
20facility for which financial assistance is provided under the
21Illinois Sports Facilities Authority Act, and to pay other
22capital and operating expenses of the Authority during the
23fiscal year, including any deposits required to reserve funds
24created for repair and replacement of capital assets and to
25meet the obligations of the Authority under any management
26agreement or assistance agreement, and (iii) any amounts under

 

 

10200SB2017ham002- 44 -LRB102 16155 JWD 27453 a

1(i) and (ii) above remaining unpaid from previous years.
2    Beginning with fiscal year 2002 and continuing for each
3fiscal year thereafter, no less than 30 days before the
4beginning of such fiscal year, the Chairman of the Illinois
5Sports Facilities Authority shall certify to the State
6Comptroller and the State Treasurer, without taking into
7account any revenues or receipts of the Authority, the lesser
8of (a) an amount equal to the sum of the Advance Amount plus
9$10,000,000 and (b) the sum of (i) the amount anticipated to be
10required by the Authority during the fiscal year to pay
11principal of and interest on, and other payments relating to,
12its obligations issued or to be issued under Section 13 of the
13Illinois Sports Facilities Authority Act, including any
14deposits required to reserve funds created under any indenture
15or resolution authorizing issuance of the obligations and
16payments to providers of credit enhancement, (ii) the amount
17anticipated to be required by the Authority during the fiscal
18year to pay obligations under the provisions of any management
19agreement with respect to a facility or facilities owned by
20the Authority or any assistance agreement with respect to any
21facility for which financial assistance is provided under the
22Illinois Sports Facilities Authority Act, and to pay other
23capital and operating expenses of the Authority during the
24fiscal year, including any deposits required to reserve funds
25created for repair and replacement of capital assets and to
26meet the obligations of the Authority under any management

 

 

10200SB2017ham002- 45 -LRB102 16155 JWD 27453 a

1agreement or assistance agreement, and (iii) any amounts under
2(i) and (ii) above remaining unpaid from previous years.
3    A copy of any certification made by the Chairman under the
4preceding 2 paragraphs shall be filed with the Governor and
5the Mayor of the City of Chicago. The Chairman may file an
6amended certification from time to time.
7    Subject to sufficient appropriation by the General
8Assembly, beginning with July 1, 1988 and thereafter
9continuing on the first day of each month during each fiscal
10year through and including fiscal year 2001, the Comptroller
11shall order paid and the Treasurer shall pay to the Authority
12the amount in the Illinois Sports Facilities Fund until (x)
13the lesser of $10,000,000 or the amount appropriated for
14payment to the Authority from amounts credited to the Subsidy
15Account and (y) the lesser of $8,000,000 or the difference
16between the amount appropriated for payment to the Authority
17during the fiscal year and $10,000,000 has been paid from
18amounts credited to the Advance Account.
19    Subject to sufficient appropriation by the General
20Assembly, beginning with July 1, 2001, and thereafter
21continuing on the first day of each month during each fiscal
22year thereafter, the Comptroller shall order paid and the
23Treasurer shall pay to the Authority the amount in the
24Illinois Sports Facilities Fund until (x) the lesser of
25$10,000,000 or the amount appropriated for payment to the
26Authority from amounts credited to the Subsidy Account and (y)

 

 

10200SB2017ham002- 46 -LRB102 16155 JWD 27453 a

1the lesser of the Advance Amount or the difference between the
2amount appropriated for payment to the Authority during the
3fiscal year and $10,000,000 has been paid from amounts
4credited to the Advance Account.
5    Provided that all amounts deposited in the Illinois Sports
6Facilities Fund and credited to the Subsidy Account, to the
7extent requested pursuant to the Chairman's certification,
8have been paid, on June 30, 1989, and on June 30 of each year
9thereafter, all amounts remaining in the Subsidy Account of
10the Illinois Sports Facilities Fund shall be transferred by
11the State Treasurer one-half to the General Revenue Fund in
12the State Treasury and one-half to the City Tax Fund. Provided
13that all amounts appropriated from the Illinois Sports
14Facilities Fund, to the extent requested pursuant to the
15Chairman's certification, have been paid, on June 30, 1989,
16and on June 30 of each year thereafter, all amounts remaining
17in the Advance Account of the Illinois Sports Facilities Fund
18shall be transferred by the State Treasurer to the General
19Revenue Fund in the State Treasury.
20    For purposes of this Section, the term "Advance Amount"
21means, for fiscal year 2002, $22,179,000, and for subsequent
22fiscal years through fiscal year 2032, 105.615% of the Advance
23Amount for the immediately preceding fiscal year, rounded up
24to the nearest $1,000.
25(Source: P.A. 91-935, eff. 6-1-01.)
 

 

 

10200SB2017ham002- 47 -LRB102 16155 JWD 27453 a

1    (30 ILCS 105/8.25e)  (from Ch. 127, par. 144.25e)
2    Sec. 8.25e. (a) The State Comptroller and the State
3Treasurer shall automatically transfer on the first day of
4each month, beginning on February 1, 1988, from the General
5Revenue Fund to each of the funds then supplemented by the
6pari-mutuel tax pursuant to Section 28 of the Illinois Horse
7Racing Act of 1975, an amount equal to (i) the amount of
8pari-mutuel tax deposited into such fund during the month in
9fiscal year 1986 which corresponds to the month preceding such
10transfer, minus (ii) the amount of pari-mutuel tax (or the
11replacement transfer authorized by subsection (d) of Section
128g of this Act and subsection (d) of Section 28.1 of the
13Illinois Horse Racing Act of 1975) deposited into such fund
14during the month preceding such transfer; provided, however,
15that no transfer shall be made to a fund if such amount for
16that fund is equal to or less than zero and provided that no
17transfer shall be made to a fund in any fiscal year after the
18amount deposited into such fund exceeds the amount of
19pari-mutuel tax deposited into such fund during fiscal year
201986.
21    (b) The State Comptroller and the State Treasurer shall
22automatically transfer on the last day of each month,
23beginning on October 1, 1989 and ending on June 30, 2017, from
24the General Revenue Fund to the Metropolitan Exposition,
25Auditorium and Office Building Fund, the amount of $2,750,000
26plus any cumulative deficiencies in such transfers for prior

 

 

10200SB2017ham002- 48 -LRB102 16155 JWD 27453 a

1months, until the sum of $16,500,000 has been transferred for
2the fiscal year beginning July 1, 1989 and until the sum of
3$22,000,000 has been transferred for each fiscal year
4thereafter.
5    (b-5) The State Comptroller and the State Treasurer shall
6automatically transfer on the last day of each month,
7beginning on July 1, 2017, from the General Revenue Fund to the
8Metropolitan Exposition, Auditorium and Office Building Fund,
9the amount of $1,500,000 plus any cumulative deficiencies in
10such transfers for prior months, until the sum of $12,000,000
11has been transferred for each fiscal year thereafter through
12fiscal year 2021, after which no such transfers shall be made.
13    (c) After the transfer of funds from the Metropolitan
14Exposition, Auditorium and Office Building Fund to the Bond
15Retirement Fund pursuant to subsection (b) of Section 15 of
16the Metropolitan Civic Center Support Act, the State
17Comptroller and the State Treasurer shall automatically
18transfer on the last day of each month, beginning on October 1,
191989 and ending on June 30, 2017, from the Metropolitan
20Exposition, Auditorium and Office Building Fund to the Park
21and Conservation Fund the amount of $1,250,000 plus any
22cumulative deficiencies in such transfers for prior months,
23until the sum of $7,500,000 has been transferred for the
24fiscal year beginning July 1, 1989 and until the sum of
25$10,000,000 has been transferred for each fiscal year
26thereafter.

 

 

10200SB2017ham002- 49 -LRB102 16155 JWD 27453 a

1(Source: P.A. 100-23, eff. 7-6-17.)
 
2    (30 ILCS 105/8g)
3    Sec. 8g. Fund transfers.
4    (a) (Blank).
5    (b) (Blank).
6    (c) In addition to any other transfers that may be
7provided for by law, on August 30 of each fiscal year's license
8period, the Illinois Liquor Control Commission shall direct
9and the State Comptroller and State Treasurer shall transfer
10from the General Revenue Fund to the Youth Alcoholism and
11Substance Abuse Prevention Fund an amount equal to the number
12of retail liquor licenses issued for that fiscal year
13multiplied by $50.
14    (d) The payments to programs required under subsection (d)
15of Section 28.1 of the Illinois Horse Racing Act of 1975 shall
16be made, pursuant to appropriation, from the special funds
17referred to in the statutes cited in that subsection, rather
18than directly from the General Revenue Fund.
19    Beginning January 1, 2000, on the first day of each month,
20or as soon as may be practical thereafter, the State
21Comptroller shall direct and the State Treasurer shall
22transfer from the General Revenue Fund to each of the special
23funds from which payments are to be made under subsection (d)
24of Section 28.1 of the Illinois Horse Racing Act of 1975 an
25amount equal to 1/12 of the annual amount required for those

 

 

10200SB2017ham002- 50 -LRB102 16155 JWD 27453 a

1payments from that special fund, which annual amount shall not
2exceed the annual amount for those payments from that special
3fund for the calendar year 1998. The special funds to which
4transfers shall be made under this subsection (d) include, but
5are not necessarily limited to, the Agricultural Premium Fund;
6the Metropolitan Exposition, Auditorium and Office Building
7Fund, but only through fiscal year 2021 and not thereafter;
8the Fair and Exposition Fund; the Illinois Standardbred
9Breeders Fund; the Illinois Thoroughbred Breeders Fund; and
10the Illinois Veterans' Rehabilitation Fund. Except for
11transfers attributable to prior fiscal years, during State
12fiscal year 2020 only, no transfers shall be made from the
13General Revenue Fund to the Agricultural Premium Fund, the
14Fair and Exposition Fund, the Illinois Standardbred Breeders
15Fund, or the Illinois Thoroughbred Breeders Fund.
16    (e) (Blank).
17    (f) (Blank).
18    (f-1) (Blank).
19    (g) (Blank).
20    (h) (Blank).
21    (i) (Blank).
22    (i-1) (Blank).
23    (j) (Blank).
24    ......
25    (k) (Blank).
26    (k-1) (Blank).

 

 

10200SB2017ham002- 51 -LRB102 16155 JWD 27453 a

1    (k-2) (Blank).
2    (k-3) (Blank).
3    (l) (Blank).
4    (m) (Blank).
5    (n) (Blank).
6    (o) (Blank).
7    (p) (Blank).
8    (q) (Blank).
9    (r) (Blank).
10    (s) (Blank).
11    (t) (Blank).
12    (u) (Blank).
13    (v) (Blank).
14    (w) (Blank).
15    (x) (Blank).
16    (y) (Blank).
17    (z) (Blank).
18    (aa) (Blank).
19    (bb) (Blank).
20    (cc) (Blank).
21    (dd) (Blank).
22    (ee) (Blank).
23    (ff) (Blank).
24    (gg) (Blank).
25    (hh) (Blank).
26    (ii) (Blank).

 

 

10200SB2017ham002- 52 -LRB102 16155 JWD 27453 a

1    (jj) (Blank).
2    (kk) (Blank).
3    (ll) (Blank).
4    (mm) (Blank).
5    (nn) (Blank).
6    (oo) (Blank).
7    (pp) (Blank).
8    (qq) (Blank).
9    (rr) (Blank).
10    (ss) (Blank).
11    (tt) (Blank).
12    (uu) (Blank).
13    (vv) (Blank).
14    (ww) (Blank).
15    (xx) (Blank).
16    (yy) (Blank).
17    (zz) (Blank).
18    (aaa) (Blank).
19    (bbb) (Blank).
20    (ccc) (Blank).
21    (ddd) (Blank).
22    (eee) (Blank).
23    (fff) (Blank).
24    (ggg) (Blank).
25    (hhh) (Blank).
26    (iii) (Blank).

 

 

10200SB2017ham002- 53 -LRB102 16155 JWD 27453 a

1    (jjj) (Blank).
2    (lll) (Blank).
3    (mmm) (Blank).
4    (nnn) (Blank).
5    (ooo) (Blank).
6    (ppp) (Blank).
7    (qqq) (Blank).
8    (rrr) (Blank).
9    (sss) (Blank).
10    (ttt) (Blank).
11    (uuu) (Blank).
12    (vvv) (Blank).
13    (www) (Blank).
14    (xxx) (Blank).
15    (yyy) (Blank).
16    (zzz) (Blank).
17    (aaaa) (Blank).
18    (bbbb) (Blank).
19    (cccc) (Blank).
20    (dddd) (Blank).
21    (eeee) (Blank).
22(Source: P.A. 100-23, eff. 7-6-17; 100-201, eff. 8-18-17;
23100-863, eff. 8-14-18; 101-10, eff. 6-5-19; revised 7-17-19.)
 
24    (30 ILCS 105/8g-1)
25    Sec. 8g-1. Fund transfers.

 

 

10200SB2017ham002- 54 -LRB102 16155 JWD 27453 a

1    (a) (Blank).
2    (b) (Blank).
3    (c) (Blank).
4    (d) (Blank).
5    (e) (Blank).
6    (f) (Blank).
7    (g) (Blank).
8    (h) (Blank).
9    (i) (Blank).
10    (j) (Blank).
11    (k) (Blank).
12    (l) (Blank).
13    (m) (Blank).
14    (n) (Blank).
15    (o) (Blank).
16    (p) (Blank).
17    (q) (Blank).
18    (r) (Blank). In addition to any other transfers that may
19be provided for by law, on July 1, 2020, or as soon thereafter
20as practical, the State Comptroller shall direct and the State
21Treasurer shall transfer the sum of $500,000 from the General
22Revenue Fund to the Grant Accountability and Transparency
23Fund.
24    (s) (Blank). In addition to any other transfers that may
25be provided for by law, on July 1, 2020, or as soon thereafter
26as practical, the State Comptroller shall direct and the State

 

 

10200SB2017ham002- 55 -LRB102 16155 JWD 27453 a

1Treasurer shall transfer the sum of $500,000 from the General
2Revenue Fund to the Governor's Administrative Fund.
3    (t) (Blank). In addition to any other transfers that may
4be provided for by law, on July 1, 2020, or as soon thereafter
5as practical, the State Comptroller shall direct and the State
6Treasurer shall transfer the sum of $320,000 from the General
7Revenue Fund to the Coal Development Fund.
8    (u) In addition to any other transfers that may be
9provided for by law, on July 1, 2021, or as soon thereafter as
10practical, only as directed by the Director of the Governor's
11Office of Management and Budget, the State Comptroller shall
12direct and the State Treasurer shall transfer the sum of
13$5,000,000 from the General Revenue Fund to the DoIT Special
14Projects Fund, and on June 1, 2022, or as soon thereafter as
15practical, but no later than June 30, 2022, the State
16Comptroller shall direct and the State Treasurer shall
17transfer the sum so transferred from the DoIT Special Projects
18Fund to the General Revenue Fund.
19    (v) 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 Governor's Administrative Fund.
24    (w) In addition to any other transfers that may be
25provided for by law, on July 1, 2021, or as soon thereafter as
26practical, the State Comptroller shall direct and the State

 

 

10200SB2017ham002- 56 -LRB102 16155 JWD 27453 a

1Treasurer shall transfer the sum of $500,000 from the General
2Revenue Fund to the Grant Accountability and Transparency
3Fund.
4    (x) In addition to any other transfers that may be
5provided for by law, at a time or times during Fiscal Year 2022
6as directed by the Governor, the State Comptroller shall
7direct and the State Treasurer shall transfer up to a total of
8$20,000,000 from the General Revenue Fund to the Illinois
9Sports Facilities Fund to be credited to the Advance Account
10within the Fund.
11    (y) In addition to any other transfers that may be
12provided for by law, on June 15, 2021, or as soon thereafter as
13practical, but no later than June 30, 2021, the State
14Comptroller shall direct and the State Treasurer shall
15transfer the sum of $100,000,000 from the General Revenue Fund
16to the Technology Management Revolving Fund.
17(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
18101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
 
19    (30 ILCS 105/13.2)  (from Ch. 127, par. 149.2)
20    Sec. 13.2. Transfers among line item appropriations.
21    (a) Transfers among line item appropriations from the same
22treasury fund for the objects specified in this Section may be
23made in the manner provided in this Section when the balance
24remaining in one or more such line item appropriations is
25insufficient for the purpose for which the appropriation was

 

 

10200SB2017ham002- 57 -LRB102 16155 JWD 27453 a

1made.
2    (a-1) No transfers may be made from one agency to another
3agency, nor may transfers be made from one institution of
4higher education to another institution of higher education
5except as provided by subsection (a-4).
6    (a-2) Except as otherwise provided in this Section,
7transfers may be made only among the objects of expenditure
8enumerated in this Section, except that no funds may be
9transferred from any appropriation for personal services, from
10any appropriation for State contributions to the State
11Employees' Retirement System, from any separate appropriation
12for employee retirement contributions paid by the employer,
13nor from any appropriation for State contribution for employee
14group insurance.
15    (a-2.5) (Blank).
16    (a-3) Further, if an agency receives a separate
17appropriation for employee retirement contributions paid by
18the employer, any transfer by that agency into an
19appropriation for personal services must be accompanied by a
20corresponding transfer into the appropriation for employee
21retirement contributions paid by the employer, in an amount
22sufficient to meet the employer share of the employee
23contributions required to be remitted to the retirement
24system.
25    (a-4) Long-Term Care Rebalancing. The Governor may
26designate amounts set aside for institutional services

 

 

10200SB2017ham002- 58 -LRB102 16155 JWD 27453 a

1appropriated from the General Revenue Fund or any other State
2fund that receives monies for long-term care services to be
3transferred to all State agencies responsible for the
4administration of community-based long-term care programs,
5including, but not limited to, community-based long-term care
6programs administered by the Department of Healthcare and
7Family Services, the Department of Human Services, and the
8Department on Aging, provided that the Director of Healthcare
9and Family Services first certifies that the amounts being
10transferred are necessary for the purpose of assisting persons
11in or at risk of being in institutional care to transition to
12community-based settings, including the financial data needed
13to prove the need for the transfer of funds. The total amounts
14transferred shall not exceed 4% in total of the amounts
15appropriated from the General Revenue Fund or any other State
16fund that receives monies for long-term care services for each
17fiscal year. A notice of the fund transfer must be made to the
18General Assembly and posted at a minimum on the Department of
19Healthcare and Family Services website, the Governor's Office
20of Management and Budget website, and any other website the
21Governor sees fit. These postings shall serve as notice to the
22General Assembly of the amounts to be transferred. Notice
23shall be given at least 30 days prior to transfer.
24    (b) In addition to the general transfer authority provided
25under subsection (c), the following agencies have the specific
26transfer authority granted in this subsection:

 

 

10200SB2017ham002- 59 -LRB102 16155 JWD 27453 a

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

 

 

10200SB2017ham002- 60 -LRB102 16155 JWD 27453 a

1was made, to the line item appropriation for Transitional
2Assistance when the balance remaining in such line item
3appropriation is insufficient for the purpose for which the
4appropriation was made.
5    The State Board of Education is authorized to make
6transfers between the following line item appropriations
7within the same treasury fund: Disabled Student
8Services/Materials (Section 14-13.01 of the School Code),
9Disabled Student Transportation Reimbursement (Section
1014-13.01 of the School Code), Disabled Student Tuition -
11Private Tuition (Section 14-7.02 of the School Code),
12Extraordinary Special Education (Section 14-7.02b of the
13School Code), Reimbursement for Free Lunch/Breakfast Program,
14Summer School Payments (Section 18-4.3 of the School Code),
15and Transportation - Regular/Vocational Reimbursement (Section
1629-5 of the School Code). Such transfers shall be made only
17when the balance remaining in one or more such line item
18appropriations is insufficient for the purpose for which the
19appropriation was made and provided that no such transfer may
20be made unless the amount transferred is no longer required
21for the purpose for which that appropriation was made.
22    The Department of Healthcare and Family Services is
23authorized to make transfers not exceeding 4% of the aggregate
24amount appropriated to it, within the same treasury fund,
25among the various line items appropriated for Medical
26Assistance.

 

 

10200SB2017ham002- 61 -LRB102 16155 JWD 27453 a

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

 

 

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1    (c-4) (Blank).
2    (c-5) (Blank).
3    (c-6) (Blank). Special provisions for State fiscal year
42020. Notwithstanding any other provision of this Section, for
5State fiscal year 2020, transfers among line item
6appropriations to a State agency from the same State treasury
7fund may be made for operational or lump sum expenses only,
8provided that the sum of such transfers for a State agency in
9State fiscal year 2020 shall not exceed 4% of the aggregate
10amount appropriated to that State agency for operational or
11lump sum expenses for State fiscal year 2020. For the purpose
12of this subsection (c-6), "operational or lump sum expenses"
13includes the following objects: personal services; extra help;
14student and inmate compensation; State contributions to
15retirement systems; State contributions to social security;
16State contributions for employee group insurance; contractual
17services; travel; commodities; printing; equipment; electronic
18data processing; operation of automotive equipment;
19telecommunications services; travel and allowance for
20committed, paroled, and discharged prisoners; library books;
21federal matching grants for student loans; refunds; workers'
22compensation, occupational disease, and tort claims; Late
23Interest Penalties under the State Prompt Payment Act and
24Sections 368a and 370a of the Illinois Insurance Code; lump
25sum and other purposes; and lump sum operations. For the
26purpose of this subsection (c-6), "State agency" does not

 

 

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1include the Attorney General, the Secretary of State, the
2Comptroller, the Treasurer, or the judicial or legislative
3branches.
4    (c-7) Special provisions for State fiscal year 2021.
5Notwithstanding any other provision of this Section, for State
6fiscal year 2021, transfers among line item appropriations to
7a State agency from the same State treasury fund may be made
8for operational or lump sum expenses only, provided that the
9sum of such transfers for a State agency in State fiscal year
102021 shall not exceed 8% of the aggregate amount appropriated
11to that State agency for operational or lump sum expenses for
12State fiscal year 2021. For the purpose of this subsection,
13"operational or lump sum expenses" includes the following
14objects: personal services; extra help; student and inmate
15compensation; State contributions to retirement systems; State
16contributions to social security; State contributions for
17employee group insurance; contractual services; travel;
18commodities; printing; equipment; electronic data processing;
19operation of automotive equipment; telecommunications
20services; travel and allowance for committed, paroled, and
21discharged prisoners; library books; federal matching grants
22for student loans; refunds; workers' compensation,
23occupational disease, and tort claims; Late Interest Penalties
24under the State Prompt Payment Act and Sections 368a and 370a
25of the Illinois Insurance Code; lump sum and other purposes;
26and lump sum operations. For the purpose of this subsection,

 

 

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1"State agency" does not include the Attorney General, the
2Secretary of State, the Comptroller, the Treasurer, or the
3judicial or legislative branches.
4    (c-8) Special provisions for State fiscal year 2022.
5Notwithstanding any other provision of this Section, for State
6fiscal year 2022, transfers among line item appropriations to
7a State agency from the same State treasury fund may be made
8for operational or lump sum expenses only, provided that the
9sum of such transfers for a State agency in State fiscal year
102022 shall not exceed 4% of the aggregate amount appropriated
11to that State agency for operational or lump sum expenses for
12State fiscal year 2022. For the purpose of this subsection,
13"operational or lump sum expenses" includes the following
14objects: personal services; extra help; student and inmate
15compensation; State contributions to retirement systems; State
16contributions to social security; State contributions for
17employee group insurance; contractual services; travel;
18commodities; printing; equipment; electronic data processing;
19operation of automotive equipment; telecommunications
20services; travel and allowance for committed, paroled, and
21discharged prisoners; library books; federal matching grants
22for student loans; refunds; workers' compensation,
23occupational disease, and tort claims; Late Interest Penalties
24under the State Prompt Payment Act and Sections 368a and 370a
25of the Illinois Insurance Code; lump sum and other purposes;
26and lump sum operations. For the purpose of this subsection,

 

 

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1"State agency" does not include the Attorney General, the
2Secretary of State, the Comptroller, the Treasurer, or the
3judicial or legislative branches.
4    (d) Transfers among appropriations made to agencies of the
5Legislative and Judicial departments and to the
6constitutionally elected officers in the Executive branch
7require the approval of the officer authorized in Section 10
8of this Act to approve and certify vouchers. Transfers among
9appropriations made to the University of Illinois, Southern
10Illinois University, Chicago State University, Eastern
11Illinois University, Governors State University, Illinois
12State University, Northeastern Illinois University, Northern
13Illinois University, Western Illinois University, the Illinois
14Mathematics and Science Academy and the Board of Higher
15Education require the approval of the Board of Higher
16Education and the Governor. Transfers among appropriations to
17all other agencies require the approval of the Governor.
18    The officer responsible for approval shall certify that
19the transfer is necessary to carry out the programs and
20purposes for which the appropriations were made by the General
21Assembly and shall transmit to the State Comptroller a
22certified copy of the approval which shall set forth the
23specific amounts transferred so that the Comptroller may
24change his records accordingly. The Comptroller shall furnish
25the Governor with information copies of all transfers approved
26for agencies of the Legislative and Judicial departments and

 

 

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1transfers approved by the constitutionally elected officials
2of the Executive branch other than the Governor, showing the
3amounts transferred and indicating the dates such changes were
4entered on the Comptroller's records.
5    (e) The State Board of Education, in consultation with the
6State Comptroller, may transfer line item appropriations for
7General State Aid or Evidence-Based Funding among the Common
8School Fund and the Education Assistance Fund, and, for State
9fiscal year 2020 and each fiscal year thereafter, the Fund for
10the Advancement of Education. With the advice and consent of
11the Governor's Office of Management and Budget, the State
12Board of Education, in consultation with the State
13Comptroller, may transfer line item appropriations between the
14General Revenue Fund and the Education Assistance Fund for the
15following programs:
16        (1) Disabled Student Personnel Reimbursement (Section
17    14-13.01 of the School Code);
18        (2) Disabled Student Transportation Reimbursement
19    (subsection (b) of Section 14-13.01 of the School Code);
20        (3) Disabled Student Tuition - Private Tuition
21    (Section 14-7.02 of the School Code);
22        (4) Extraordinary Special Education (Section 14-7.02b
23    of the School Code);
24        (5) Reimbursement for Free Lunch/Breakfast Programs;
25        (6) Summer School Payments (Section 18-4.3 of the
26    School Code);

 

 

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1        (7) Transportation - Regular/Vocational Reimbursement
2    (Section 29-5 of the School Code);
3        (8) Regular Education Reimbursement (Section 18-3 of
4    the School Code); and
5        (9) Special Education Reimbursement (Section 14-7.03
6    of the School Code).
7    (f) For State fiscal year 2020 and each fiscal year
8thereafter, the Department on Aging, in consultation with the
9State Comptroller, with the advice and consent of the
10Governor's Office of Management and Budget, may transfer line
11item appropriations for purchase of services covered by the
12Community Care Program between the General Revenue Fund and
13the Commitment to Human Services Fund.
14(Source: P.A. 100-23, eff. 7-6-17; 100-465, eff. 8-31-17;
15100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 100-1064, eff.
168-24-18; 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-275,
17eff. 8-9-19; 101-636, eff. 6-10-20.)
 
18    (30 ILCS 105/25)  (from Ch. 127, par. 161)
19    Sec. 25. Fiscal year limitations.
20    (a) All appropriations shall be available for expenditure
21for the fiscal year or for a lesser period if the Act making
22that appropriation so specifies. A deficiency or emergency
23appropriation shall be available for expenditure only through
24June 30 of the year when the Act making that appropriation is
25enacted unless that Act otherwise provides.

 

 

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1    (b) Outstanding liabilities as of June 30, payable from
2appropriations which have otherwise expired, may be paid out
3of the expiring appropriations during the 2-month period
4ending at the close of business on August 31. Any service
5involving professional or artistic skills or any personal
6services by an employee whose compensation is subject to
7income tax withholding must be performed as of June 30 of the
8fiscal year in order to be considered an "outstanding
9liability as of June 30" that is thereby eligible for payment
10out of the expiring appropriation.
11    (b-1) However, payment of tuition reimbursement claims
12under Section 14-7.03 or 18-3 of the School Code may be made by
13the State Board of Education from its appropriations for those
14respective purposes for any fiscal year, even though the
15claims reimbursed by the payment may be claims attributable to
16a prior fiscal year, and payments may be made at the direction
17of the State Superintendent of Education from the fund from
18which the appropriation is made without regard to any fiscal
19year limitations, except as required by subsection (j) of this
20Section. Beginning on June 30, 2021, payment of tuition
21reimbursement claims under Section 14-7.03 or 18-3 of the
22School Code as of June 30, payable from appropriations that
23have otherwise expired, may be paid out of the expiring
24appropriation during the 4-month period ending at the close of
25business on October 31.
26    (b-2) (Blank).

 

 

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1    (b-2.5) (Blank).
2    (b-2.6) (Blank).
3    (b-2.6a) (Blank).
4    (b-2.6b) (Blank).
5    (b-2.6c) (Blank).
6    (b-2.6d) All outstanding liabilities as of June 30, 2020,
7payable from appropriations that would otherwise expire at the
8conclusion of the lapse period for fiscal year 2020, and
9interest penalties payable on those liabilities under the
10State Prompt Payment Act, may be paid out of the expiring
11appropriations until December 31, 2020, without regard to the
12fiscal year in which the payment is made, as long as vouchers
13for the liabilities are received by the Comptroller no later
14than September 30, 2020.
15    (b-2.6e) All outstanding liabilities as of June 30, 2021,
16payable from appropriations that would otherwise expire at the
17conclusion of the lapse period for fiscal year 2021, and
18interest penalties payable on those liabilities under the
19State Prompt Payment Act, may be paid out of the expiring
20appropriations until September 30, 2021, without regard to the
21fiscal year in which the payment is made.
22    (b-2.7) For fiscal years 2012, 2013, 2014, 2018, 2019,
232020, and 2021, and 2022, interest penalties payable under the
24State Prompt Payment Act associated with a voucher for which
25payment is issued after June 30 may be paid out of the next
26fiscal year's appropriation. The future year appropriation

 

 

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1must be for the same purpose and from the same fund as the
2original payment. An interest penalty voucher submitted
3against a future year appropriation must be submitted within
460 days after the issuance of the associated voucher, except
5that, for fiscal year 2018 only, an interest penalty voucher
6submitted against a future year appropriation must be
7submitted within 60 days of June 5, 2019 (the effective date of
8Public Act 101-10). The Comptroller must issue the interest
9payment within 60 days after acceptance of the interest
10voucher.
11    (b-3) Medical payments may be made by the Department of
12Veterans' Affairs from its appropriations for those purposes
13for any fiscal year, without regard to the fact that the
14medical services being compensated for by such payment may
15have been rendered in a prior fiscal year, except as required
16by subsection (j) of this Section. Beginning on June 30, 2021,
17medical payments payable from appropriations that have
18otherwise expired may be paid out of the expiring
19appropriation during the 4-month period ending at the close of
20business on October 31.
21    (b-4) Medical payments and child care payments may be made
22by the Department of Human Services (as successor to the
23Department of Public Aid) from appropriations for those
24purposes for any fiscal year, without regard to the fact that
25the medical or child care services being compensated for by
26such payment may have been rendered in a prior fiscal year; and

 

 

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1payments may be made at the direction of the Department of
2Healthcare and Family Services (or successor agency) from the
3Health Insurance Reserve Fund without regard to any fiscal
4year limitations, except as required by subsection (j) of this
5Section. Beginning on June 30, 2021, medical and child care
6payments made by the Department of Human Services and payments
7made at the discretion of the Department of Healthcare and
8Family Services (or successor agency) from the Health
9Insurance Reserve Fund and payable from appropriations that
10have otherwise expired may be paid out of the expiring
11appropriation during the 4-month period ending at the close of
12business on October 31.
13    (b-5) Medical payments may be made by the Department of
14Human Services from its appropriations relating to substance
15abuse treatment services for any fiscal year, without regard
16to the fact that the medical services being compensated for by
17such payment may have been rendered in a prior fiscal year,
18provided the payments are made on a fee-for-service basis
19consistent with requirements established for Medicaid
20reimbursement by the Department of Healthcare and Family
21Services, except as required by subsection (j) of this
22Section. Beginning on June 30, 2021, medical payments made by
23the Department of Human Services relating to substance abuse
24treatment services payable from appropriations that have
25otherwise expired may be paid out of the expiring
26appropriation during the 4-month period ending at the close of

 

 

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1business on October 31.
2    (b-6) (Blank).
3    (b-7) Payments may be made in accordance with a plan
4authorized by paragraph (11) or (12) of Section 405-105 of the
5Department of Central Management Services Law from
6appropriations for those payments without regard to fiscal
7year limitations.
8    (b-8) Reimbursements to eligible airport sponsors for the
9construction or upgrading of Automated Weather Observation
10Systems may be made by the Department of Transportation from
11appropriations for those purposes for any fiscal year, without
12regard to the fact that the qualification or obligation may
13have occurred in a prior fiscal year, provided that at the time
14the expenditure was made the project had been approved by the
15Department of Transportation prior to June 1, 2012 and, as a
16result of recent changes in federal funding formulas, can no
17longer receive federal reimbursement.
18    (b-9) (Blank).
19    (c) Further, payments may be made by the Department of
20Public Health and the Department of Human Services (acting as
21successor to the Department of Public Health under the
22Department of Human Services Act) from their respective
23appropriations for grants for medical care to or on behalf of
24premature and high-mortality risk infants and their mothers
25and for grants for supplemental food supplies provided under
26the United States Department of Agriculture Women, Infants and

 

 

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1Children Nutrition Program, for any fiscal year without regard
2to the fact that the services being compensated for by such
3payment may have been rendered in a prior fiscal year, except
4as required by subsection (j) of this Section. Beginning on
5June 30, 2021, payments made by the Department of Public
6Health and the Department of Human Services from their
7respective appropriations for grants for medical care to or on
8behalf of premature and high-mortality risk infants and their
9mothers and for grants for supplemental food supplies provided
10under the United States Department of Agriculture Women,
11Infants and Children Nutrition Program payable from
12appropriations that have otherwise expired may be paid out of
13the expiring appropriations during the 4-month period ending
14at the close of business on October 31.
15    (d) The Department of Public Health and the Department of
16Human Services (acting as successor to the Department of
17Public Health under the Department of Human Services Act)
18shall each annually submit to the State Comptroller, Senate
19President, Senate Minority Leader, Speaker of the House, House
20Minority Leader, and the respective Chairmen and Minority
21Spokesmen of the Appropriations Committees of the Senate and
22the House, on or before December 31, a report of fiscal year
23funds used to pay for services provided in any prior fiscal
24year. This report shall document by program or service
25category those expenditures from the most recently completed
26fiscal year used to pay for services provided in prior fiscal

 

 

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1years.
2    (e) The Department of Healthcare and Family Services, the
3Department of Human Services (acting as successor to the
4Department of Public Aid), and the Department of Human
5Services making fee-for-service payments relating to substance
6abuse treatment services provided during a previous fiscal
7year shall each annually submit to the State Comptroller,
8Senate President, Senate Minority Leader, Speaker of the
9House, House Minority Leader, the respective Chairmen and
10Minority Spokesmen of the Appropriations Committees of the
11Senate and the House, on or before November 30, a report that
12shall document by program or service category those
13expenditures from the most recently completed fiscal year used
14to pay for (i) services provided in prior fiscal years and (ii)
15services for which claims were received in prior fiscal years.
16    (f) The Department of Human Services (as successor to the
17Department of Public Aid) shall annually submit to the State
18Comptroller, Senate President, Senate Minority Leader, Speaker
19of the House, House Minority Leader, and the respective
20Chairmen and Minority Spokesmen of the Appropriations
21Committees of the Senate and the House, on or before December
2231, a report of fiscal year funds used to pay for services
23(other than medical care) provided in any prior fiscal year.
24This report shall document by program or service category
25those expenditures from the most recently completed fiscal
26year used to pay for services provided in prior fiscal years.

 

 

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1    (g) In addition, each annual report required to be
2submitted by the Department of Healthcare and Family Services
3under subsection (e) shall include the following information
4with respect to the State's Medicaid program:
5        (1) Explanations of the exact causes of the variance
6    between the previous year's estimated and actual
7    liabilities.
8        (2) Factors affecting the Department of Healthcare and
9    Family Services' liabilities, including, but not limited
10    to, numbers of aid recipients, levels of medical service
11    utilization by aid recipients, and inflation in the cost
12    of medical services.
13        (3) The results of the Department's efforts to combat
14    fraud and abuse.
15    (h) As provided in Section 4 of the General Assembly
16Compensation Act, any utility bill for service provided to a
17General Assembly member's district office for a period
18including portions of 2 consecutive fiscal years may be paid
19from funds appropriated for such expenditure in either fiscal
20year.
21    (i) An agency which administers a fund classified by the
22Comptroller as an internal service fund may issue rules for:
23        (1) billing user agencies in advance for payments or
24    authorized inter-fund transfers based on estimated charges
25    for goods or services;
26        (2) issuing credits, refunding through inter-fund

 

 

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1    transfers, or reducing future inter-fund transfers during
2    the subsequent fiscal year for all user agency payments or
3    authorized inter-fund transfers received during the prior
4    fiscal year which were in excess of the final amounts owed
5    by the user agency for that period; and
6        (3) issuing catch-up billings to user agencies during
7    the subsequent fiscal year for amounts remaining due when
8    payments or authorized inter-fund transfers received from
9    the user agency during the prior fiscal year were less
10    than the total amount owed for that period.
11User agencies are authorized to reimburse internal service
12funds for catch-up billings by vouchers drawn against their
13respective appropriations for the fiscal year in which the
14catch-up billing was issued or by increasing an authorized
15inter-fund transfer during the current fiscal year. For the
16purposes of this Act, "inter-fund transfers" means transfers
17without the use of the voucher-warrant process, as authorized
18by Section 9.01 of the State Comptroller Act.
19    (i-1) Beginning on July 1, 2021, all outstanding
20liabilities, not payable during the 4-month lapse period as
21described in subsections (b-1), (b-3), (b-4), (b-5), and (c)
22of this Section, that are made from appropriations for that
23purpose for any fiscal year, without regard to the fact that
24the services being compensated for by those payments may have
25been rendered in a prior fiscal year, are limited to only those
26claims that have been incurred but for which a proper bill or

 

 

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1invoice as defined by the State Prompt Payment Act has not been
2received by September 30th following the end of the fiscal
3year in which the service was rendered.
4    (j) Notwithstanding any other provision of this Act, the
5aggregate amount of payments to be made without regard for
6fiscal year limitations as contained in subsections (b-1),
7(b-3), (b-4), (b-5), and (c) of this Section, and determined
8by using Generally Accepted Accounting Principles, shall not
9exceed the following amounts:
10        (1) $6,000,000,000 for outstanding liabilities related
11    to fiscal year 2012;
12        (2) $5,300,000,000 for outstanding liabilities related
13    to fiscal year 2013;
14        (3) $4,600,000,000 for outstanding liabilities related
15    to fiscal year 2014;
16        (4) $4,000,000,000 for outstanding liabilities related
17    to fiscal year 2015;
18        (5) $3,300,000,000 for outstanding liabilities related
19    to fiscal year 2016;
20        (6) $2,600,000,000 for outstanding liabilities related
21    to fiscal year 2017;
22        (7) $2,000,000,000 for outstanding liabilities related
23    to fiscal year 2018;
24        (8) $1,300,000,000 for outstanding liabilities related
25    to fiscal year 2019;
26        (9) $600,000,000 for outstanding liabilities related

 

 

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1    to fiscal year 2020; and
2        (10) $0 for outstanding liabilities related to fiscal
3    year 2021 and fiscal years thereafter.
4    (k) Department of Healthcare and Family Services Medical
5Assistance Payments.
6        (1) Definition of Medical Assistance.
7            For purposes of this subsection, the term "Medical
8        Assistance" shall include, but not necessarily be
9        limited to, medical programs and services authorized
10        under Titles XIX and XXI of the Social Security Act,
11        the Illinois Public Aid Code, the Children's Health
12        Insurance Program Act, the Covering ALL KIDS Health
13        Insurance Act, the Long Term Acute Care Hospital
14        Quality Improvement Transfer Program Act, and medical
15        care to or on behalf of persons suffering from chronic
16        renal disease, persons suffering from hemophilia, and
17        victims of sexual assault.
18        (2) Limitations on Medical Assistance payments that
19    may be paid from future fiscal year appropriations.
20            (A) The maximum amounts of annual unpaid Medical
21        Assistance bills received and recorded by the
22        Department of Healthcare and Family Services on or
23        before June 30th of a particular fiscal year
24        attributable in aggregate to the General Revenue Fund,
25        Healthcare Provider Relief Fund, Tobacco Settlement
26        Recovery Fund, Long-Term Care Provider Fund, and the

 

 

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1        Drug Rebate Fund that may be paid in total by the
2        Department from future fiscal year Medical Assistance
3        appropriations to those funds are: $700,000,000 for
4        fiscal year 2013 and $100,000,000 for fiscal year 2014
5        and each fiscal year thereafter.
6            (B) Bills for Medical Assistance services rendered
7        in a particular fiscal year, but received and recorded
8        by the Department of Healthcare and Family Services
9        after June 30th of that fiscal year, may be paid from
10        either appropriations for that fiscal year or future
11        fiscal year appropriations for Medical Assistance.
12        Such payments shall not be subject to the requirements
13        of subparagraph (A).
14            (C) Medical Assistance bills received by the
15        Department of Healthcare and Family Services in a
16        particular fiscal year, but subject to payment amount
17        adjustments in a future fiscal year may be paid from a
18        future fiscal year's appropriation for Medical
19        Assistance. Such payments shall not be subject to the
20        requirements of subparagraph (A).
21            (D) Medical Assistance payments made by the
22        Department of Healthcare and Family Services from
23        funds other than those specifically referenced in
24        subparagraph (A) may be made from appropriations for
25        those purposes for any fiscal year without regard to
26        the fact that the Medical Assistance services being

 

 

10200SB2017ham002- 80 -LRB102 16155 JWD 27453 a

1        compensated for by such payment may have been rendered
2        in a prior fiscal year. Such payments shall not be
3        subject to the requirements of subparagraph (A).
4        (3) Extended lapse period for Department of Healthcare
5    and Family Services Medical Assistance payments.
6    Notwithstanding any other State law to the contrary,
7    outstanding Department of Healthcare and Family Services
8    Medical Assistance liabilities, as of June 30th, payable
9    from appropriations which have otherwise expired, may be
10    paid out of the expiring appropriations during the 6-month
11    period ending at the close of business on December 31st.
12    (l) The changes to this Section made by Public Act 97-691
13shall be effective for payment of Medical Assistance bills
14incurred in fiscal year 2013 and future fiscal years. The
15changes to this Section made by Public Act 97-691 shall not be
16applied to Medical Assistance bills incurred in fiscal year
172012 or prior fiscal years.
18    (m) The Comptroller must issue payments against
19outstanding liabilities that were received prior to the lapse
20period deadlines set forth in this Section as soon thereafter
21as practical, but no payment may be issued after the 4 months
22following the lapse period deadline without the signed
23authorization of the Comptroller and the Governor.
24(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
25101-10, eff. 6-5-19; 101-275, eff. 8-9-19; 101-636, eff.
266-10-20.)
 

 

 

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1
ARTICLE 3. AMENDMENTS TO MISCELLANEOUS ACTS AFFECTING THE
2
FISCAL YEAR 2022 BUDGET

 
3    Section 3-5. The Illinois Administrative Procedure Act is
4amended by adding Sections 5-45.8, 5-45.9, 5-45.10, and
55-45.11 as follows:
 
6    (5 ILCS 100/5-45.8 new)
7    Sec. 5-45.8. Emergency rulemaking; federal American Rescue
8Plan Act of 2021. To provide for the expeditious and timely
9implementation of the distribution of federal Coronavirus
10Local Fiscal Recovery Fund moneys to eligible units of local
11government in accordance with the Section 9901 of the federal
12American Rescue Plan Act of 2021, emergency rules may be
13adopted by any State agency authorized thereunder to so
14implement the distribution. The adoption of emergency rules
15authorized by Section 5-45 and this Section is deemed to be
16necessary for the public interest, safety, and welfare.
17    This Section is repealed one year after the effective date
18of this amendatory Act of the 102nd General Assembly.
 
19    (5 ILCS 100/5-45.9 new)
20    Sec. 5-45.9. Emergency rulemaking; Illinois Public Aid
21Code. To provide for the expeditious and timely implementation
22of the changes made to Articles 5 and 12 of the Illinois Public

 

 

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1Aid Code by this amendatory Act of the 102nd General Assembly,
2emergency rules implementing the changes made to Articles 5
3and 12 of the Illinois Public Aid Code by this amendatory Act
4of the 102nd General Assembly may be adopted in accordance
5with Section 5-45 by the Department of Healthcare and Family
6Services or other department essential to the implementation
7of the changes. The adoption of emergency rules authorized by
8Section 5-45 and this Section is deemed to be necessary for the
9public interest, safety, and welfare.
10    This Section is repealed one year after the effective date
11of this amendatory Act of the 102nd General Assembly.
 
12    (5 ILCS 100/5-45.10 new)
13    Sec. 5-45.10. Emergency rulemaking; Mental Health and
14Developmental Disabilities Administrative Act. To provide for
15the expeditious and timely implementation of the changes made
16to Section 74 of the Mental Health and Developmental
17Disabilities Administrative Act by this amendatory Act of the
18102nd General Assembly, emergency rules implementing the
19changes made to Section 74 of the Mental Health and
20Developmental Disabilities Administrative Act by this
21amendatory Act of the 102nd General Assembly may be adopted in
22accordance with Section 5-45 by the Department of Human
23Services or other department essential to the implementation
24of the changes. The adoption of emergency rules authorized by
25Section 5-45 and this Section is deemed to be necessary for the

 

 

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1public interest, safety, and welfare.
2    This Section is repealed one year after the effective date
3of this amendatory Act of the 102nd General Assembly.
 
4    (5 ILCS 100/5-45.11 new)
5    Sec. 5-45.11. Emergency rulemaking; federal Coronavirus
6State Fiscal Recovery Fund. To provide for the expeditious and
7timely implementation of any programs changed or established
8by this amendatory Act of the 102nd General Assembly and
9funded directly or indirectly with moneys from the federal
10Coronavirus State Fiscal Recovery Fund, emergency rules
11implementing such programs may be adopted in accordance with
12Section 5-45 by the Department of Commerce and Economic
13Opportunity. The adoption of emergency rules authorized by
14Section 5-45 and this Section is deemed to be necessary for the
15public interest, safety, and welfare.
16    This Section is repealed one year after the effective date
17of this amendatory Act of the 102nd General Assembly.
 
18    Section 3-10. The State Comptroller Act is amended by
19changing Section 25 as follows:
 
20    (15 ILCS 405/25)
21    Sec. 25. Fund.
22    (a) All cost recoveries, fees for services, and
23governmental grants received by the Comptroller shall be

 

 

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1maintained in a special fund in the State treasury, to be known
2as the Comptroller's Administrative Fund. Moneys in the
3Comptroller's Administrative Fund may be utilized by the
4Comptroller, subject to appropriation, in the discharge of the
5duties of the office.
6    (b) The Comptroller may direct and the State Treasurer
7shall transfer amounts from the Comptroller's Administrative
8Fund into the Capital Facility and Technology Modernization
9Fund as the Comptroller deems necessary. The Comptroller may
10direct and the State Treasurer shall transfer any such amounts
11so transferred to the Capital Facility and Technology
12Modernization Fund back to the Comptroller's Administrative
13Fund at any time.
14(Source: P.A. 89-511, eff. 1-1-97.)
 
15    Section 3-15. The Department of Commerce and Economic
16Opportunity Law of the Civil Administrative Code of Illinois
17is amended by changing Sections 605-705, 605-707, 605-1047,
18and 605-1050 as follows:
 
19    (20 ILCS 605/605-705)  (was 20 ILCS 605/46.6a)
20    Sec. 605-705. Grants to local tourism and convention
21bureaus.
22    (a) To establish a grant program for local tourism and
23convention bureaus. The Department will develop and implement
24a program for the use of funds, as authorized under this Act,

 

 

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1by local tourism and convention bureaus. For the purposes of
2this Act, bureaus eligible to receive funds are those local
3tourism and convention bureaus that are (i) either units of
4local government or incorporated as not-for-profit
5organizations; (ii) in legal existence for a minimum of 2
6years before July 1, 2001; (iii) operating with a paid,
7full-time staff whose sole purpose is to promote tourism in
8the designated service area; and (iv) affiliated with one or
9more municipalities or counties that support the bureau with
10local hotel-motel taxes. After July 1, 2001, bureaus
11requesting certification in order to receive funds for the
12first time must be local tourism and convention bureaus that
13are (i) either units of local government or incorporated as
14not-for-profit organizations; (ii) in legal existence for a
15minimum of 2 years before the request for certification; (iii)
16operating with a paid, full-time staff whose sole purpose is
17to promote tourism in the designated service area; and (iv)
18affiliated with multiple municipalities or counties that
19support the bureau with local hotel-motel taxes. Each bureau
20receiving funds under this Act will be certified by the
21Department as the designated recipient to serve an area of the
22State. Notwithstanding the criteria set forth in this
23subsection (a), or any rule adopted under this subsection (a),
24the Director of the Department may provide for the award of
25grant funds to one or more entities if in the Department's
26judgment that action is necessary in order to prevent a loss of

 

 

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1funding critical to promoting tourism in a designated
2geographic area of the State.
3    (b) To distribute grants to local tourism and convention
4bureaus from appropriations made from the Local Tourism Fund
5for that purpose. Of the amounts appropriated annually to the
6Department for expenditure under this Section prior to July 1,
72011, one-third of those monies shall be used for grants to
8convention and tourism bureaus in cities with a population
9greater than 500,000. The remaining two-thirds of the annual
10appropriation prior to July 1, 2011 shall be used for grants to
11convention and tourism bureaus in the remainder of the State,
12in accordance with a formula based upon the population served.
13Of the amounts appropriated annually to the Department for
14expenditure under this Section beginning July 1, 2011, 18% of
15such moneys shall be used for grants to convention and tourism
16bureaus in cities with a population greater than 500,000. Of
17the amounts appropriated annually to the Department for
18expenditure under this Section beginning July 1, 2011, 82% of
19such moneys shall be used for grants to convention bureaus in
20the remainder of the State, in accordance with a formula based
21upon the population served. The Department may reserve up to
223% of total local tourism funds available for costs of
23administering the program to conduct audits of grants, to
24provide incentive funds to those bureaus that will conduct
25promotional activities designed to further the Department's
26statewide advertising campaign, to fund special statewide

 

 

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1promotional activities, and to fund promotional activities
2that support an increased use of the State's parks or historic
3sites. The Department shall require that any convention and
4tourism bureau receiving a grant under this Section that
5requires matching funds shall provide matching funds equal to
6no less than 50% of the grant amount except that in Fiscal
7Years 2021 and 2022 only Year 2021, the Department shall
8require that any convention and tourism bureau receiving a
9grant under this Section that requires matching funds shall
10provide matching funds equal to no less than 25% of the grant
11amount. During fiscal year 2013, the Department shall reserve
12$2,000,000 of the available local tourism funds for
13appropriation to the Historic Preservation Agency for the
14operation of the Abraham Lincoln Presidential Library and
15Museum and State historic sites.
16    To provide for the expeditious and timely implementation
17of the changes made by this amendatory Act of the 101st General
18Assembly, emergency rules to implement the changes made by
19this amendatory Act of the 101st General Assembly may be
20adopted by the Department subject to the provisions of Section
215-45 of the Illinois Administrative Procedure Act.
22(Source: P.A. 100-678, eff. 8-3-18; 101-636, eff. 6-10-20.)
 
23    (20 ILCS 605/605-707)  (was 20 ILCS 605/46.6d)
24    Sec. 605-707. International Tourism Program.
25    (a) The Department of Commerce and Economic Opportunity

 

 

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1must establish a program for international tourism. The
2Department shall develop and implement the program on January
31, 2000 by rule. As part of the program, the Department may
4work in cooperation with local convention and tourism bureaus
5in Illinois in the coordination of international tourism
6efforts at the State and local level. The Department may (i)
7work in cooperation with local convention and tourism bureaus
8for efficient use of their international tourism marketing
9resources, (ii) promote Illinois in international meetings and
10tourism markets, (iii) work with convention and tourism
11bureaus throughout the State to increase the number of
12international tourists to Illinois, (iv) provide training,
13research, technical support, and grants to certified
14convention and tourism bureaus, (v) provide staff,
15administration, and related support required to manage the
16programs under this Section, and (vi) provide grants for the
17development of or the enhancement of international tourism
18attractions.
19    (b) The Department shall make grants for expenses related
20to international tourism and pay for the staffing,
21administration, and related support from the International
22Tourism Fund, a special fund created in the State Treasury. Of
23the amounts deposited into the Fund in fiscal year 2000 after
24January 1, 2000 through fiscal year 2011, 55% shall be used for
25grants to convention and tourism bureaus in Chicago (other
26than the City of Chicago's Office of Tourism) and 45% shall be

 

 

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1used for development of international tourism in areas outside
2of Chicago. Of the amounts deposited into the Fund in fiscal
3year 2001 and thereafter, 55% shall be used for grants to
4convention and tourism bureaus in Chicago, and of that amount
5not less than 27.5% shall be used for grants to convention and
6tourism bureaus in Chicago other than the City of Chicago's
7Office of Tourism, and 45% shall be used for administrative
8expenses and grants authorized under this Section and
9development of international tourism in areas outside of
10Chicago, of which not less than $1,000,000 shall be used
11annually to make grants to convention and tourism bureaus in
12cities other than Chicago that demonstrate their international
13tourism appeal and request to develop or expand their
14international tourism marketing program, and may also be used
15to provide grants under item (vi) of subsection (a) of this
16Section. All of the amounts deposited into the Fund in fiscal
17year 2012 and thereafter shall be used for administrative
18expenses and grants authorized under this Section and
19development of international tourism in areas outside of
20Chicago, of which not less than $1,000,000 shall be used
21annually to make grants to convention and tourism bureaus in
22cities other than Chicago that demonstrate their international
23tourism appeal and request to develop or expand their
24international tourism marketing program, and may also be used
25to provide grants under item (vi) of subsection (a) of this
26Section. Amounts appropriated to the State Comptroller for

 

 

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1administrative expenses and grants authorized by the Illinois
2Global Partnership Act are payable from the International
3Tourism Fund. For Fiscal Years 2021 and 2022 Year 2021 only,
4the administrative expenses by the Department and the grants
5to convention and visitors bureaus outside the City of Chicago
6may be expended for the general purposes of promoting
7conventions and tourism.
8    (c) A convention and tourism bureau is eligible to receive
9grant moneys under this Section if the bureau is certified to
10receive funds under Title 14 of the Illinois Administrative
11Code, Section 550.35. To be eligible for a grant, a convention
12and tourism bureau must provide matching funds equal to the
13grant amount. The Department shall require that any convention
14and tourism bureau receiving a grant under this Section that
15requires matching funds shall provide matching funds equal to
16no less than 50% of the grant amount. In certain circumstances
17as determined by the Director of Commerce and Economic
18Opportunity, however, the City of Chicago's Office of Tourism
19or any other convention and tourism bureau may provide
20matching funds equal to no less than 50% of the grant amount to
21be eligible to receive the grant. One-half of this 50% may be
22provided through in-kind contributions. Grants received by the
23City of Chicago's Office of Tourism and by convention and
24tourism bureaus in Chicago may be expended for the general
25purposes of promoting conventions and tourism.
26(Source: P.A. 101-636, eff. 6-10-20.)
 

 

 

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1    (20 ILCS 605/605-1047)
2    Sec. 605-1047 605-1045. Local Coronavirus Urgent
3Remediation Emergency (or Local CURE) Support Program.
4    (a) Purpose. The Department may receive, directly or
5indirectly, federal funds from the Coronavirus Relief Fund
6provided to the State pursuant to Section 5001 of the federal
7Coronavirus Aid, Relief, and Economic Security (CARES) Act to
8provide financial support to units of local government for
9purposes authorized by Section 5001 of the federal Coronavirus
10Aid, Relief, and Economic Security (CARES) Act and related
11federal guidance. Upon receipt of such funds, and
12appropriations for their use, the Department shall administer
13a Local Coronavirus Urgent Remediation Emergency (or Local
14CURE) Support Program to provide financial support to units of
15local government that have incurred necessary expenditures due
16to the COVID-19 public health emergency. The Department shall
17provide by rule the administrative framework for the Local
18CURE Support Program.
19    (b) Allocations. A portion of the funds appropriated for
20the Local CURE Support Program may be allotted to
21municipalities and counties based on proportionate population.
22Units of local government, or portions thereof, located within
23the five Illinois counties that received direct allotments
24from the federal Coronavirus Relief Fund will not be included
25in the support program allotments. The Department may

 

 

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1establish other administrative procedures for providing
2financial support to units of local government. Appropriated
3funds may be used for administration of the support program,
4including the hiring of a service provider to assist with
5coordination and administration.
6    (c) Administrative Procedures. The Department may
7establish administrative procedures for the support program,
8including any application procedures, grant agreements,
9certifications, payment methodologies, and other
10accountability measures that may be imposed upon recipients of
11funds under the grant program. Financial support may be
12provided in the form of grants or in the form of expense
13reimbursements for disaster-related expenditures. The
14emergency rulemaking process may be used to promulgate the
15initial rules of the grant program.
16    (d) Definitions. As used in this Section:
17        (1) "COVID-19" means the novel coronavirus virus
18    disease deemed COVID-19 by the World Health Organization
19    on February 11, 2020.
20        (2) "Local government" or "unit of local government"
21    means any unit of local government as defined in Article
22    VII, Section 1 of the Illinois Constitution.
23        (3) "Third party administrator" means a service
24    provider selected by the Department to provide operational
25    assistance with the administration of the support program.
26    (e) Powers of the Department. The Department has the power

 

 

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1to:
2        (1) Provide financial support to eligible units of
3    local government with funds appropriated from the Local
4    Coronavirus Urgent Remediation Emergency (Local CURE) Fund
5    to cover necessary costs incurred due to the COVID-19
6    public health emergency that are eligible to be paid using
7    federal funds from the Coronavirus Relief Fund.
8        (2) Enter into agreements, accept funds, issue grants
9    or expense reimbursements, and engage in cooperation with
10    agencies of the federal government and units of local
11    governments to carry out the purposes of this support
12    program, and to use funds appropriated from the Local
13    Coronavirus Urgent Remediation Emergency (Local CURE) Fund
14    fund upon such terms and conditions as may be established
15    by the federal government and the Department.
16        (3) Enter into agreements with third-party
17    administrators to assist the state with operational
18    assistance and administrative functions related to review
19    of documentation and processing of financial support
20    payments to units of local government.
21        (4) Establish applications, notifications, contracts,
22    and procedures and adopt rules deemed necessary and
23    appropriate to carry out the provisions of this Section.
24    To provide for the expeditious and timely implementation
25    of this Act, emergency rules to implement any provision of
26    this Section may be adopted by the Department subject to

 

 

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1    the provisions of Section 5-45 of the Illinois
2    Administrative Procedure Act.
3        (5) Provide staff, administration, and related support
4    required to manage the support program and pay for the
5    staffing, administration, and related support with funds
6    appropriated from the Local Coronavirus Urgent Remediation
7    Emergency (Local CURE) Fund.
8        (6) Exercise such other powers as are necessary or
9    incidental to the foregoing.
10    (f) Local CURE Financial Support to Local Governments. The
11Department is authorized to provide financial support to
12eligible units of local government including, but not limited
13to, certified local health departments for necessary costs
14incurred due to the COVID-19 public health emergency that are
15eligible to be paid using federal funds from the Coronavirus
16Relief Fund.
17        (1) Financial support funds may be used by a unit of
18    local government only for payment of costs that: (i) are
19    necessary expenditures incurred due to the public health
20    emergency of COVID-19; (ii) were not accounted for in the
21    most recent budget approved as of March 27, 2020 for the
22    unit of local government; and (iii) were incurred between
23    March 1, 2020 and December 31, 2021, or until the end of
24    any extension of the covered period authorized by federal
25    law 30, 2020.
26        (2) A unit of local government receiving financial

 

 

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1    support funds under this program shall certify to the
2    Department that it shall use the funds in accordance with
3    the requirements of paragraph (1) and that any funds
4    received but not used for such purposes shall be repaid to
5    the Department.
6        (3) The Department shall make the determination to
7    provide financial support funds to a unit of local
8    government on the basis of criteria established by the
9    Department.
10    (g) Additional Purpose. The Local CURE Fund may receive,
11directly or indirectly, federal funds from the Coronavirus
12Local Fiscal Recovery Fund pursuant to Section 9901 of the
13federal American Rescue Plan Act of 2021 in order to
14distribute the funds to units of local government in
15accordance with Section 9901 of the American Recovery Plan Act
16and any related federal guidance. Upon receipt of such funds
17into the Local CURE Fund, as instructed by the Governor, the
18Department shall cooperate with the Department of Revenue and
19any other relevant agency to administer the distribution of
20such funds to the appropriate units of local government.
21(Source: P.A. 101-636, eff. 6-10-20; revised 8-3-20.)
 
22    (20 ILCS 605/605-1050)
23    Sec. 605-1050. Coronavirus Back to Business Interruption
24Grant Program (or Back to Business BIG Program).
25    (a) Purpose. The Department may receive State funds and,

 

 

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1directly or indirectly, federal funds under the authority of
2legislation passed in response to the Coronavirus epidemic
3including, but not limited to, the Coronavirus Aid, Relief,
4and Economic Security Act, P.L. 116-136 (the "CARES Act") and
5the American Rescue Plan Act of 2021, P.L. 117-2 (the "ARPA
6Act"); such funds shall be used in accordance with the CARES
7Act and ARPA Act legislation and published guidance. Section
85001 of the CARES Act establishes the Coronavirus Relief Fund,
9which authorizes the State to expend funds that are necessary
10to respond to the COVID-19 public health emergency. The
11financial support of Qualifying Businesses is a necessary
12expense under federal guidance for implementing Section 5001
13of the CARES Act. Upon receipt or availability of such State or
14federal funds, and subject to appropriations for their use,
15the Department shall administer a program to provide financial
16assistance to Qualifying Businesses that have experienced
17interruption of business or other adverse conditions
18attributable to the COVID-19 public health emergency. Support
19may be provided directly by the Department to businesses and
20organizations or in cooperation with a Qualified Partner.
21Financial assistance may include, but not be limited to
22grants, expense reimbursements, or subsidies.
23    (b) From appropriations for the Back to Business BIG
24Program, up to $60,000,000 may be allotted to the repayment or
25conversion of Eligible Loans made pursuant to the Department's
26Emergency Loan Fund Program. An Eligible Loan may be repaid or

 

 

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1converted through a grant payment, subsidy, or reimbursement
2payment to the recipient or, on behalf of the recipient, to the
3Qualified Partner, or by any other lawful method.
4    (c) From appropriations for the Back to Business BIG
5Program, the Department shall provide financial assistance
6through grants, expense reimbursements, or subsidies to
7Qualifying Businesses or a Qualified Partner to cover expenses
8or losses incurred due to the COVID-19 public health emergency
9or for start-up costs of a new Qualifying Business. With a
10minimum of 50% going to Qualified Businesses that enable
11critical support services such as child care, day care, and
12early childhood education, the BIG Program will reimburse
13costs or losses incurred by Qualifying Businesses due to
14business interruption caused by required closures, as
15authorized in federal guidance regarding the Coronavirus
16Relief Fund. All spending related to this program from federal
17funds must be reimbursable by the Federal Coronavirus Relief
18Fund in accordance with Section 5001 of the federal CARES Act,
19the ARPA Act, and any related federal guidance, or the
20provisions of any other federal source supporting the program.
21    (d) As more fully described in subsection (c), funds will
22be appropriated to the Back to Business BIG Program for
23distribution to or on behalf of Qualifying Businesses. Of the
24funds appropriated, a minimum of 40% 30% shall be allotted for
25Qualifying Qualified Businesses with ZIP codes located in the
26most disproportionately impacted areas of Illinois, based on

 

 

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1positive COVID-19 cases.
2    (e) The Department shall coordinate with the Department of
3Human Services with respect to making grants, expense
4reimbursements or subsidies to any child care or day care
5provider providing services under Section 9A-11 of the
6Illinois Public Aid Code to determine what resources the
7Department of Human Services may be providing to a child care
8or day care provider under Section 9A-11 of the Illinois
9Public Aid Code.
10    (f) The Department may establish by rule administrative
11procedures for the grant program, including any application
12procedures, grant agreements, certifications, payment
13methodologies, and other accountability measures that may be
14imposed upon participants in the program. The emergency
15rulemaking process may be used to promulgate the initial rules
16of the grant program and any amendments to the rules following
17the effective date of this amendatory Act of the 102nd General
18Assembly.
19    (g) Definitions. As used in this Section:
20        (1) "COVID-19" means the novel coronavirus disease
21    deemed COVID-19 by the World Health Organization on
22    February 11, 2020.
23        (2) "Qualifying Business" means a business or
24    organization that has experienced or is experiencing
25    business interruption or other adverse conditions due to
26    the COVID-19 public health emergency, and includes a new

 

 

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1    business or organization started after March 1, 2020 in
2    the midst of adverse conditions due to the COVID-19 public
3    health emergency. and is eligible for reimbursement as
4    prescribed by Section 601(a) of the Social Security Act
5    and added by Section 5001 of the CARES Act or other federal
6    legislation addressing the COVID-19 crisis.
7        (3) "Eligible Loan" means a loan of up to $50,000 that
8    was deemed eligible for funding under the Department's
9    Emergency Loan Fund Program and for which repayment will
10    be eligible for reimbursement from Coronavirus Relief Fund
11    monies pursuant to Section 5001 of the federal CARES Act
12    or the ARPA Act and any related federal guidance.
13        (4) "Emergency Loan Fund Program", also referred to as
14    the "COVID-19 Emergency Relief Program", is a program
15    executed by the Department by which the State Small
16    Business Credit Initiative fund is utilized to guarantee
17    loans released by a financial intermediary or Qualified
18    Partner.
19        (5) "Qualified Partner" means a financial institution
20    or nonprofit with which the Department has entered into an
21    agreement or contract to provide or incentivize assistance
22    to Qualifying Businesses.
23    (h) Powers of the Department. The Department has the power
24to:
25        (1) provide grants, subsidies and expense
26    reimbursements to Qualifying Qualified Businesses or, on

 

 

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1    behalf of Qualifying Qualified Businesses, to Qualifying
2    Qualified Partners from appropriations to cover Qualifying
3    Qualified Businesses eligible costs or losses incurred due
4    to the COVID-19 public health emergency, including losses
5    caused by business interruption or closure and including
6    start-up costs for new Qualifying Businesses;
7        (2) enter into agreements, accept funds, issue grants,
8    and engage in cooperation with agencies of the federal
9    government, units of local government, financial
10    institutions, and nonprofit organizations to carry out the
11    purposes of this Program, and to use funds appropriated
12    for the Back to Business BIG Program;
13        (3) prepare forms for application, notification,
14    contract, and other matters, and establish procedures,
15    rules, or regulations deemed necessary and appropriate to
16    carry out the provisions of this Section;
17        (4) provide staff, administration, and related support
18    required to manage the Back to Business BIG Program and
19    pay for the staffing, administration, and related support;
20        (5) using data provided by the Illinois Department of
21    Public Health and other reputable sources, determine which
22    geographic regions in Illinois have been most
23    disproportionately impacted by the COVID-19 public health
24    emergency, considering factors of positive cases, positive
25    case rates, and economic impact; and
26        (6) determine which industries and businesses in

 

 

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1    Illinois have been most disproportionately impacted by the
2    COVID-19 public health emergency and establish procedures
3    that prioritize greatly impacted industries and
4    businesses, as well as Qualifying Qualified Businesses
5    that did not receive paycheck protection program
6    assistance.
7(Source: P.A. 101-636, eff. 6-10-20.)
 
8    Section 3-20. The Illinois Economic Opportunity Act is
9amended by changing Sections 2 and 4 as follows:
 
10    (20 ILCS 625/2)  (from Ch. 127, par. 2602)
11    Sec. 2. (a) The Director of Commerce and Economic
12Opportunity is authorized to administer the federal community
13services block program, emergency community services homeless
14grant program, low-income energy assistance program,
15weatherization assistance program, supplemental low-income
16energy assistance fund, low-income household water assistance
17program, and other federal programs that require or give
18preference to community action agencies for local
19administration in accordance with federal laws and regulations
20as amended. The Director shall provide financial assistance to
21community action agencies from community service block grant
22funds and other federal funds requiring or giving preference
23to community action agencies for local administration for the
24programs described in Section 4.

 

 

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1    (b) Funds appropriated for use by community action
2agencies in community action programs shall be allocated
3annually to existing community action agencies or newly formed
4community action agencies by the Department of Commerce and
5Economic Opportunity. Allocations will be made consistent with
6duly enacted departmental rules.
7(Source: P.A. 96-154, eff. 1-1-10.)
 
8    (20 ILCS 625/4)  (from Ch. 127, par. 2604)
9    Sec. 4. (a) A community action program is a
10community-based and operated program, the purpose of which is
11to provide a measurable and remedial impact on causes of
12poverty in a community or those areas of a community where
13poverty is acute.
14    (b) The methods by which the purposes of community action
15programs may be effected include, but are not limited to, the
16following:
17        (1) Programs designed to further community economic
18    development. ;
19        (2) Programs designed to secure and maintain
20    meaningful employment for individuals. ;
21        (3) Programs to assure an adequate education for all
22    individuals. ;
23        (4) Programs to instruct individuals on more
24    economical uses of available income. ;
25        (5) Programs to provide and maintain adequate housing.

 

 

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1    ;
2        (6) Programs for the prevention of narcotics addiction
3    and alcoholism, and for the rehabilitation of narcotics
4    addicts and alcoholics. ;
5        (7) Programs to aid individuals in obtaining emergency
6    assistance through loans or grants to meet immediate and
7    urgent personal and family needs. ;
8        (8) Programs to aid in the resolution of personal and
9    family problems which block the achievement of
10    self-sufficiency. ;
11        (9) Programs to achieve greater citizen participation
12    in the affairs of the community. ;
13        (10) Programs to provide adequate nutrition for
14    individuals and improved community health. ;
15        (11) Programs to aid families and individuals in
16    obtaining adequate health care. ;
17        (12) Programs to provide transportation to facilitate
18    individuals' access to community resources. ;
19        (13) Programs to provide for employment training and
20    retraining, with special emphasis on employment in the
21    high technology industries. ; and
22        (14) Programs to provide aid and encouragement to
23    small businesses and small-business development.
24        (15) Programs to assist households to meet the cost of
25    home energy and water.
26        (16) Programs designed to ameliorate the adverse

 

 

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1    effects of high energy costs on low-income households and
2    the conserve energy.
3(Source: P.A. 87-926.)
 
4    Section 3-30. The Department of Innovation and Technology
5Act is amended by adding Section 1-65 as follows:
 
6    (20 ILCS 1370/1-65 new)
7    Sec. 1-65. Authority to Receive Financial and In-kind
8Assistance. The Department may receive federal financial
9assistance, either directly from the federal government or
10indirectly through another source, public or private. The
11Department may also receive transfers, gifts, grants, or
12donations from any source, public or private, in the form of
13funds, services, equipment, supplies, or materials. Any funds
14received pursuant to this Section shall be deposited in the
15DoIT Special Projects Fund unless deposit in a different fund
16is otherwise mandated, and shall be used in accordance with
17the requirements of the federal financial assistance, gift,
18grant, or donation for purposes related to information
19technology within the powers and duties of the Department.
 
20    Section 3-35. The Mental Health and Developmental
21Disabilities Administrative Act is amended by changing Section
2274 as follows:
 

 

 

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1    (20 ILCS 1705/74)
2    Sec. 74. Rates and reimbursements.
3    (a) Within 30 days after July 6, 2017 (the effective date
4of Public Act 100-23), the Department shall increase rates and
5reimbursements to fund a minimum of a $0.75 per hour wage
6increase for front-line personnel, including, but not limited
7to, direct support persons, aides, front-line supervisors,
8qualified intellectual disabilities professionals, nurses, and
9non-administrative support staff working in community-based
10provider organizations serving individuals with developmental
11disabilities. The Department shall adopt rules, including
12emergency rules under subsection (y) of Section 5-45 of the
13Illinois Administrative Procedure Act, to implement the
14provisions of this Section.
15    (b) Rates and reimbursements. Within 30 days after the
16effective date of this amendatory Act of the 100th General
17Assembly, the Department shall increase rates and
18reimbursements to fund a minimum of a $0.50 per hour wage
19increase for front-line personnel, including, but not limited
20to, direct support persons, aides, front-line supervisors,
21qualified intellectual disabilities professionals, nurses, and
22non-administrative support staff working in community-based
23provider organizations serving individuals with developmental
24disabilities. The Department shall adopt rules, including
25emergency rules under subsection (bb) of Section 5-45 of the
26Illinois Administrative Procedure Act, to implement the

 

 

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1provisions of this Section.
2    (c) Rates and reimbursements. Within 30 days after the
3effective date of this amendatory Act of the 101st General
4Assembly, subject to federal approval, the Department shall
5increase rates and reimbursements in effect on June 30, 2019
6for community-based providers for persons with Developmental
7Disabilities by 3.5% The Department shall adopt rules,
8including emergency rules under subsection (jj) of Section
95-45 of the Illinois Administrative Procedure Act, to
10implement the provisions of this Section, including wage
11increases for direct care staff.
12    (d) For community-based providers serving persons with
13intellectual/developmental disabilities, subject to federal
14approval of any relevant Waiver Amendment, the rates taking
15effect for services delivered on or after January 1, 2022,
16shall include an increase in the rate methodology sufficient
17to provide a $1.50 per hour wage increase for direct support
18personnel in residential settings and sufficient to provide
19wages for all residential non-executive direct care staff,
20excluding direct support personnel, at the federal Department
21of Labor, Bureau of Labor Statistics' average wage as defined
22in rule by the Department.
23    The establishment of and any changes to the rate
24methodologies for community-based services provided to persons
25with intellectual/developmental disabilities are subject to
26federal approval of any relevant Waiver Amendment and shall be

 

 

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1defined in rule by the Department. The Department shall adopt
2rules, including emergency rules as authorized by Section 5-45
3of the Illinois Administrative Procedure Act, to implement the
4provisions of this subsection (d).
5(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
6101-10, eff. 6-5-19.)
 
7    Section 3-40. The Illinois Lottery Law is amended by
8changing Section 20 as follows:
 
9    (20 ILCS 1605/20)  (from Ch. 120, par. 1170)
10    Sec. 20. State Lottery Fund.
11    (a) There is created in the State Treasury a special fund
12to be known as the State Lottery Fund. Such fund shall consist
13of all revenues received from (1) the sale of lottery tickets
14or shares, (net of commissions, fees representing those
15expenses that are directly proportionate to the sale of
16tickets or shares at the agent location, and prizes of less
17than $600 which have been validly paid at the agent level), (2)
18application fees, and (3) all other sources including moneys
19credited or transferred thereto from any other fund or source
20pursuant to law. Interest earnings of the State Lottery Fund
21shall be credited to the Common School Fund.
22    (b) The receipt and distribution of moneys under Section
2321.5 of this Act shall be in accordance with Section 21.5.
24    (c) The receipt and distribution of moneys under Section

 

 

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121.6 of this Act shall be in accordance with Section 21.6.
2    (d) The receipt and distribution of moneys under Section
321.7 of this Act shall be in accordance with Section 21.7.
4    (e) The receipt and distribution of moneys under Section
521.8 of this Act shall be in accordance with Section 21.8.
6    (f) The receipt and distribution of moneys under Section
721.9 of this Act shall be in accordance with Section 21.9.
8    (g) The receipt and distribution of moneys under Section
921.10 of this Act shall be in accordance with Section 21.10.
10    (h) The receipt and distribution of moneys under Section
1121.11 of this Act shall be in accordance with Section 21.11.
12    (i) The receipt and distribution of moneys under Section
1321.12 of this Act shall be in accordance with Section 21.12.
14    (j) The receipt and distribution of moneys under Section
1521.13 of this Act shall be in accordance with Section 21.13.
16    (k) The receipt and distribution of moneys under Section
1725-70 of the Sports Wagering Act shall be in accordance with
18Section 25-70 of the Sports Wagering Act.
19(Source: P.A. 100-647, eff. 7-30-18; 100-1068, eff. 8-24-18;
20101-81, eff. 7-12-19; 101-561, eff. 8-23-19.)
 
21    Section 3-45. The Illinois Emergency Management Agency Act
22is amended by changing Section 5 as follows:
 
23    (20 ILCS 3305/5)  (from Ch. 127, par. 1055)
24    Sec. 5. Illinois Emergency Management Agency.

 

 

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1    (a) There is created within the executive branch of the
2State Government an Illinois Emergency Management Agency and a
3Director of the Illinois Emergency Management Agency, herein
4called the "Director" who shall be the head thereof. The
5Director shall be appointed by the Governor, with the advice
6and consent of the Senate, and shall serve for a term of 2
7years beginning on the third Monday in January of the
8odd-numbered year, and until a successor is appointed and has
9qualified; except that the term of the first Director
10appointed under this Act shall expire on the third Monday in
11January, 1989. The Director shall not hold any other
12remunerative public office. For terms ending before December
1331, 2019, the Director shall receive an annual salary as set by
14the Compensation Review Board. For terms beginning after the
15effective date of this amendatory Act of the 100th General
16Assembly, the annual salary of the Director shall be as
17provided in Section 5-300 of the Civil Administrative Code of
18Illinois.
19    (b) The Illinois Emergency Management Agency shall obtain,
20under the provisions of the Personnel Code, technical,
21clerical, stenographic and other administrative personnel, and
22may make expenditures within the appropriation therefor as may
23be necessary to carry out the purpose of this Act. The agency
24created by this Act is intended to be a successor to the agency
25created under the Illinois Emergency Services and Disaster
26Agency Act of 1975 and the personnel, equipment, records, and

 

 

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1appropriations of that agency are transferred to the successor
2agency as of June 30, 1988 (the effective date of this Act).
3    (c) The Director, subject to the direction and control of
4the Governor, shall be the executive head of the Illinois
5Emergency Management Agency and the State Emergency Response
6Commission and shall be responsible under the direction of the
7Governor, for carrying out the program for emergency
8management of this State. The Director shall also maintain
9liaison and cooperate with the emergency management
10organizations of this State and other states and of the
11federal government.
12    (d) The Illinois Emergency Management Agency shall take an
13integral part in the development and revision of political
14subdivision emergency operations plans prepared under
15paragraph (f) of Section 10. To this end it shall employ or
16otherwise secure the services of professional and technical
17personnel capable of providing expert assistance to the
18emergency services and disaster agencies. These personnel
19shall consult with emergency services and disaster agencies on
20a regular basis and shall make field examinations of the
21areas, circumstances, and conditions that particular political
22subdivision emergency operations plans are intended to apply.
23    (e) The Illinois Emergency Management Agency and political
24subdivisions shall be encouraged to form an emergency
25management advisory committee composed of private and public
26personnel representing the emergency management phases of

 

 

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1mitigation, preparedness, response, and recovery. The Local
2Emergency Planning Committee, as created under the Illinois
3Emergency Planning and Community Right to Know Act, shall
4serve as an advisory committee to the emergency services and
5disaster agency or agencies serving within the boundaries of
6that Local Emergency Planning Committee planning district for:
7        (1) the development of emergency operations plan
8    provisions for hazardous chemical emergencies; and
9        (2) the assessment of emergency response capabilities
10    related to hazardous chemical emergencies.
11    (f) The Illinois Emergency Management Agency shall:
12        (1) Coordinate the overall emergency management
13    program of the State.
14        (2) Cooperate with local governments, the federal
15    government and any public or private agency or entity in
16    achieving any purpose of this Act and in implementing
17    emergency management programs for mitigation,
18    preparedness, response, and recovery.
19        (2.5) Develop a comprehensive emergency preparedness
20    and response plan for any nuclear accident in accordance
21    with Section 65 of the Nuclear Safety Law of 2004 and in
22    development of the Illinois Nuclear Safety Preparedness
23    program in accordance with Section 8 of the Illinois
24    Nuclear Safety Preparedness Act.
25        (2.6) Coordinate with the Department of Public Health
26    with respect to planning for and responding to public

 

 

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1    health emergencies.
2        (3) Prepare, for issuance by the Governor, executive
3    orders, proclamations, and regulations as necessary or
4    appropriate in coping with disasters.
5        (4) Promulgate rules and requirements for political
6    subdivision emergency operations plans that are not
7    inconsistent with and are at least as stringent as
8    applicable federal laws and regulations.
9        (5) Review and approve, in accordance with Illinois
10    Emergency Management Agency rules, emergency operations
11    plans for those political subdivisions required to have an
12    emergency services and disaster agency pursuant to this
13    Act.
14        (5.5) Promulgate rules and requirements for the
15    political subdivision emergency management exercises,
16    including, but not limited to, exercises of the emergency
17    operations plans.
18        (5.10) Review, evaluate, and approve, in accordance
19    with Illinois Emergency Management Agency rules, political
20    subdivision emergency management exercises for those
21    political subdivisions required to have an emergency
22    services and disaster agency pursuant to this Act.
23        (6) Determine requirements of the State and its
24    political subdivisions for food, clothing, and other
25    necessities in event of a disaster.
26        (7) Establish a register of persons with types of

 

 

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1    emergency management training and skills in mitigation,
2    preparedness, response, and recovery.
3        (8) Establish a register of government and private
4    response resources available for use in a disaster.
5        (9) Expand the Earthquake Awareness Program and its
6    efforts to distribute earthquake preparedness materials to
7    schools, political subdivisions, community groups, civic
8    organizations, and the media. Emphasis will be placed on
9    those areas of the State most at risk from an earthquake.
10    Maintain the list of all school districts, hospitals,
11    airports, power plants, including nuclear power plants,
12    lakes, dams, emergency response facilities of all types,
13    and all other major public or private structures which are
14    at the greatest risk of damage from earthquakes under
15    circumstances where the damage would cause subsequent harm
16    to the surrounding communities and residents.
17        (10) Disseminate all information, completely and
18    without delay, on water levels for rivers and streams and
19    any other data pertaining to potential flooding supplied
20    by the Division of Water Resources within the Department
21    of Natural Resources to all political subdivisions to the
22    maximum extent possible.
23        (11) Develop agreements, if feasible, with medical
24    supply and equipment firms to supply resources as are
25    necessary to respond to an earthquake or any other
26    disaster as defined in this Act. These resources will be

 

 

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1    made available upon notifying the vendor of the disaster.
2    Payment for the resources will be in accordance with
3    Section 7 of this Act. The Illinois Department of Public
4    Health shall determine which resources will be required
5    and requested.
6        (11.5) In coordination with the Department of State
7    Police, develop and implement a community outreach program
8    to promote awareness among the State's parents and
9    children of child abduction prevention and response.
10        (12) Out of funds appropriated for these purposes,
11    award capital and non-capital grants to Illinois hospitals
12    or health care facilities located outside of a city with a
13    population in excess of 1,000,000 to be used for purposes
14    that include, but are not limited to, preparing to respond
15    to mass casualties and disasters, maintaining and
16    improving patient safety and quality of care, and
17    protecting the confidentiality of patient information. No
18    single grant for a capital expenditure shall exceed
19    $300,000. No single grant for a non-capital expenditure
20    shall exceed $100,000. In awarding such grants, preference
21    shall be given to hospitals that serve a significant
22    number of Medicaid recipients, but do not qualify for
23    disproportionate share hospital adjustment payments under
24    the Illinois Public Aid Code. To receive such a grant, a
25    hospital or health care facility must provide funding of
26    at least 50% of the cost of the project for which the grant

 

 

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1    is being requested. In awarding such grants the Illinois
2    Emergency Management Agency shall consider the
3    recommendations of the Illinois Hospital Association.
4        (13) Do all other things necessary, incidental or
5    appropriate for the implementation of this Act.
6    (g) The Illinois Emergency Management Agency is authorized
7to make grants to various higher education institutions,
8public K-12 school districts, area vocational centers as
9designated by the State Board of Education, inter-district
10special education cooperatives, regional safe schools, and
11nonpublic K-12 schools for safety and security improvements.
12For the purpose of this subsection (g), "higher education
13institution" means a public university, a public community
14college, or an independent, not-for-profit or for-profit
15higher education institution located in this State. Grants
16made under this subsection (g) shall be paid out of moneys
17appropriated for that purpose from the Build Illinois Bond
18Fund. The Illinois Emergency Management Agency shall adopt
19rules to implement this subsection (g). These rules may
20specify: (i) the manner of applying for grants; (ii) project
21eligibility requirements; (iii) restrictions on the use of
22grant moneys; (iv) the manner in which the various higher
23education institutions must account for the use of grant
24moneys; and (v) any other provision that the Illinois
25Emergency Management Agency determines to be necessary or
26useful for the administration of this subsection (g).

 

 

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1    (g-5) The Illinois Emergency Management Agency is
2authorized to make grants to not-for-profit organizations
3which are exempt from federal income taxation under section
4501(c)(3) of the Federal Internal Revenue Code for eligible
5security improvements that assist the organization in
6preventing, preparing for, or responding to acts of terrorism.
7The Director shall establish procedures and forms by which
8applicants may apply for a grant and procedures for
9distributing grants to recipients. The procedures shall
10require each applicant to do the following:
11        (1) identify and substantiate prior threats or attacks
12    by a terrorist organization, network, or cell against the
13    not-for-profit organization;
14        (2) indicate the symbolic or strategic value of one or
15    more sites that renders the site a possible target of
16    terrorism;
17        (3) discuss potential consequences to the organization
18    if the site is damaged, destroyed, or disrupted by a
19    terrorist act;
20        (4) describe how the grant will be used to integrate
21    organizational preparedness with broader State and local
22    preparedness efforts;
23        (5) submit a vulnerability assessment conducted by
24    experienced security, law enforcement, or military
25    personnel, and a description of how the grant award will
26    be used to address the vulnerabilities identified in the

 

 

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1    assessment; and
2        (6) submit any other relevant information as may be
3    required by the Director.
4    The Agency is authorized to use funds appropriated for the
5grant program described in this subsection (g-5) to administer
6the program.
7    (h) Except as provided in Section 17.5 of this Act, any
8moneys received by the Agency from donations or sponsorships
9unrelated to a disaster shall be deposited in the Emergency
10Planning and Training Fund and used by the Agency, subject to
11appropriation, to effectuate planning and training activities.
12Any moneys received by the Agency from donations during a
13disaster and intended for disaster response or recovery shall
14be deposited into the Disaster Response and Recovery Fund and
15used for disaster response and recovery pursuant to the
16Disaster Relief Act.
17    (i) The Illinois Emergency Management Agency may by rule
18assess and collect reasonable fees for attendance at
19Agency-sponsored conferences to enable the Agency to carry out
20the requirements of this Act. Any moneys received under this
21subsection shall be deposited in the Emergency Planning and
22Training Fund and used by the Agency, subject to
23appropriation, for planning and training activities.
24    (j) The Illinois Emergency Management Agency is authorized
25to make grants to other State agencies, public universities,
26units of local government, and statewide mutual aid

 

 

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1organizations to enhance statewide emergency preparedness and
2response.
3(Source: P.A. 100-444, eff. 1-1-18; 100-508, eff. 9-15-17;
4100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 100-1179, eff.
51-18-19.)
 
6    (30 ILCS 105/5.414 rep.)
7    Section 3-46. The State Finance Act is amended by
8repealing Section 5.414.
 
9    Section 3-50. The State Revenue Sharing Act is amended by
10changing Section 12 as follows:
 
11    (30 ILCS 115/12)  (from Ch. 85, par. 616)
12    Sec. 12. Personal Property Tax Replacement Fund. There is
13hereby created the Personal Property Tax Replacement Fund, a
14special fund in the State Treasury into which shall be paid all
15revenue realized:
16        (a) all amounts realized from the additional personal
17    property tax replacement income tax imposed by subsections
18    (c) and (d) of Section 201 of the Illinois Income Tax Act,
19    except for those amounts deposited into the Income Tax
20    Refund Fund pursuant to subsection (c) of Section 901 of
21    the Illinois Income Tax Act; and
22        (b) all amounts realized from the additional personal
23    property replacement invested capital taxes imposed by

 

 

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

 

 

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

 

 

10200SB2017ham002- 121 -LRB102 16155 JWD 27453 a

1Revenue Fund as a result of those Acts minus the amount
2outstanding and obligated from the General Revenue Fund in
3state vouchers or warrants prior to June 26, 1980 (the
4effective date of Public Act 81-1255) as refunds to taxpayers
5for overpayment of liability under those Acts.
6    All interest earned by monies accumulated in the Personal
7Property Tax Replacement Fund shall be deposited in such Fund.
8All amounts allocated pursuant to this Section are
9appropriated on a continuing basis.
10    Prior to December 31, 1980, as soon as may be after the end
11of each quarter beginning with the quarter ending December 31,
121979, and on and after December 31, 1980, as soon as may be
13after January 1, March 1, April 1, May 1, July 1, August 1,
14October 1 and December 1 of each year, the Department of
15Revenue shall allocate to each taxing district as defined in
16Section 1-150 of the Property Tax Code, in accordance with the
17provisions of paragraph (2) of this Section the portion of the
18funds held in the Personal Property Tax Replacement Fund which
19is required to be distributed, as provided in paragraph (1),
20for each quarter. Provided, however, under no circumstances
21shall any taxing district during each of the first two years of
22distribution of the taxes imposed by Public Act 81-1st Special
23Session-1 be entitled to an annual allocation which is less
24than the funds such taxing district collected from the 1978
25personal property tax. Provided further that under no
26circumstances shall any taxing district during the third year

 

 

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1of distribution of the taxes imposed by Public Act 81-1st
2Special Session-1 receive less than 60% of the funds such
3taxing district collected from the 1978 personal property tax.
4In the event that the total of the allocations made as above
5provided for all taxing districts, during either of such 3
6years, exceeds the amount available for distribution the
7allocation of each taxing district shall be proportionately
8reduced. Except as provided in Section 13 of this Act, the
9Department shall then certify, pursuant to appropriation, such
10allocations to the State Comptroller who shall pay over to the
11several taxing districts the respective amounts allocated to
12them.
13    Any township which receives an allocation based in whole
14or in part upon personal property taxes which it levied
15pursuant to Section 6-507 or 6-512 of the Illinois Highway
16Code and which was previously required to be paid over to a
17municipality shall immediately pay over to that municipality a
18proportionate share of the personal property replacement funds
19which such township receives.
20    Any municipality or township, other than a municipality
21with a population in excess of 500,000, which receives an
22allocation based in whole or in part on personal property
23taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6 of
24the Illinois Local Library Act and which was previously
25required to be paid over to a public library shall immediately
26pay over to that library a proportionate share of the personal

 

 

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1property tax replacement funds which such municipality or
2township receives; provided that if such a public library has
3converted to a library organized under the Illinois Public
4Library District Act, regardless of whether such conversion
5has occurred on, after or before January 1, 1988, such
6proportionate share shall be immediately paid over to the
7library district which maintains and operates the library.
8However, any library that has converted prior to January 1,
91988, and which hitherto has not received the personal
10property tax replacement funds, shall receive such funds
11commencing on January 1, 1988.
12    Any township which receives an allocation based in whole
13or in part on personal property taxes which it levied pursuant
14to Section 1c of the Public Graveyards Act and which taxes were
15previously required to be paid over to or used for such public
16cemetery or cemeteries shall immediately pay over to or use
17for such public cemetery or cemeteries a proportionate share
18of the personal property tax replacement funds which the
19township receives.
20    Any taxing district which receives an allocation based in
21whole or in part upon personal property taxes which it levied
22for another governmental body or school district in Cook
23County in 1976 or for another governmental body or school
24district in the remainder of the State in 1977 shall
25immediately pay over to that governmental body or school
26district the amount of personal property replacement funds

 

 

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

 

 

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1    of the Property Tax Appeal Board and the expenses of the
2    Department of Revenue incurred in administering the
3    collection and distribution of moneys paid into the Fund;
4    (f) for fiscal years 2012 and 2013 only, a sufficient
5    amount to pay stipends, additional compensation, salary
6    reimbursements, and other amounts directed to be paid out
7    of this Fund for regional offices and officials as
8    authorized or required by statute; or (g) for fiscal years
9    2018 through 2022 2021 only, a sufficient amount to pay
10    amounts directed to be paid out of this Fund for public
11    community college base operating grants and local health
12    protection grants to certified local health departments as
13    authorized or required by appropriation or statute. Such
14    portion of the fund shall be determined after the transfer
15    into the General Revenue Fund due to refunds, if any, paid
16    from the General Revenue Fund during the preceding
17    quarter. If at any time, for any reason, there is
18    insufficient amount in the Personal Property Tax
19    Replacement Fund for payments for regional offices and
20    officials or local officials or payment of costs of
21    administration or for transfers due to refunds at the end
22    of any particular month, the amount of such insufficiency
23    shall be carried over for the purposes of payments for
24    regional offices and officials, local officials, transfers
25    into the General Revenue Fund, and costs of administration
26    to the following month or months. Net replacement revenue

 

 

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1    held, and defined above, shall be transferred by the
2    Treasurer and Comptroller to the Personal Property Tax
3    Replacement Fund within 10 days of such certification.
4        (2) Each quarterly allocation shall first be
5    apportioned in the following manner: 51.65% for taxing
6    districts in Cook County and 48.35% for taxing districts
7    in the remainder of the State.
8    The Personal Property Replacement Ratio of each taxing
9district outside Cook County shall be the ratio which the Tax
10Base of that taxing district bears to the Downstate Tax Base.
11The Tax Base of each taxing district outside of Cook County is
12the personal property tax collections for that taxing district
13for the 1977 tax year. The Downstate Tax Base is the personal
14property tax collections for all taxing districts in the State
15outside of Cook County for the 1977 tax year. The Department of
16Revenue shall have authority to review for accuracy and
17completeness the personal property tax collections for each
18taxing district outside Cook County for the 1977 tax year.
19    The Personal Property Replacement Ratio of each Cook
20County taxing district shall be the ratio which the Tax Base of
21that taxing district bears to the Cook County Tax Base. The Tax
22Base of each Cook County taxing district is the personal
23property tax collections for that taxing district for the 1976
24tax year. The Cook County Tax Base is the personal property tax
25collections for all taxing districts in Cook County for the
261976 tax year. The Department of Revenue shall have authority

 

 

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

 

 

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1taxing district shall be added to the Tax Base of the taxing
2district assuming such powers, duties and obligations.
3    If two or more taxing districts in existence on July 1,
41979, or a successor or successors thereto shall consolidate
5into one taxing district, the Tax Base of such consolidated
6taxing district shall be the sum of the Tax Bases of each of
7the taxing districts which have consolidated.
8    If a single taxing district in existence on July 1, 1979,
9or a successor or successors thereto shall be divided into two
10or more separate taxing districts, the tax base of the taxing
11district so divided shall be allocated to each of the
12resulting taxing districts in proportion to the then current
13equalized assessed value of each resulting taxing district.
14    If a portion of the territory of a taxing district is
15disconnected and annexed to another taxing district of the
16same type, the Tax Base of the taxing district from which
17disconnection was made shall be reduced in proportion to the
18then current equalized assessed value of the disconnected
19territory as compared with the then current equalized assessed
20value within the entire territory of the taxing district prior
21to disconnection, and the amount of such reduction shall be
22added to the Tax Base of the taxing district to which
23annexation is made.
24    If a community college district is created after July 1,
251979, beginning on January 1, 1996 (the effective date of
26Public Act 89-327), its Tax Base shall be 3.5% of the sum of

 

 

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

 

 

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11979 and subsequent years' taxes, the County Clerk shall levy
2and extend taxes against the real estate of each taxing
3district which will yield the said percentage or percentages
4of the debt service on such outstanding bonds. The balance of
5the amount necessary to fully pay such debt service shall
6constitute a first and prior lien upon the monies received by
7each such taxing district through the Personal Property Tax
8Replacement Fund and shall be first applied or set aside for
9such purpose. In counties having fewer than 3,000,000
10inhabitants, the amendments to this paragraph as made by
11Public Act 81-1255 shall be first applicable to 1980 taxes to
12be collected in 1981.
13(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
14101-10, eff. 6-5-19; 101-636, eff. 6-10-20.)
 
15    Section 3-55. The General Obligation Bond Act is amended
16by changing Section 16 as follows:
 
17    (30 ILCS 330/16)  (from Ch. 127, par. 666)
18    Sec. 16. Refunding Bonds. The State of Illinois is
19authorized to issue, sell, and provide for the retirement of
20General Obligation Bonds of the State of Illinois in the
21amount of $4,839,025,000, at any time and from time to time
22outstanding, for the purpose of refunding any State of
23Illinois general obligation Bonds then outstanding, including
24(i) the payment of any redemption premium thereon, (ii) any

 

 

10200SB2017ham002- 131 -LRB102 16155 JWD 27453 a

1reasonable expenses of such refunding, (iii) any interest
2accrued or to accrue to the earliest or any subsequent date of
3redemption or maturity of such outstanding Bonds, (iv) for
4fiscal year 2019 only, any necessary payments to providers of
5interest rate exchange agreements in connection with the
6termination of such agreements by the State in connection with
7the refunding, and (v) any interest to accrue to the first
8interest payment on the refunding Bonds; provided that all
9non-refunding Bonds in an issue that includes refunding Bonds
10shall mature no later than the final maturity date of Bonds
11being refunded; provided that no refunding Bonds shall be
12offered for sale unless the net present value of debt service
13savings to be achieved by the issuance of the refunding Bonds
14is 3% or more of the principal amount of the refunding Bonds to
15be issued; and further provided that, except for refunding
16Bonds sold in fiscal year 2009, 2010, 2011, 2017, 2018, or
172019, or 2022, the maturities of the refunding Bonds shall not
18extend beyond the maturities of the Bonds they refund, so that
19for each fiscal year in the maturity schedule of a particular
20issue of refunding Bonds, the total amount of refunding
21principal maturing and redemption amounts due in that fiscal
22year and all prior fiscal years in that schedule shall be
23greater than or equal to the total amount of refunded
24principal and redemption amounts that had been due over that
25year and all prior fiscal years prior to the refunding.
26    The Governor shall notify the State Treasurer and

 

 

10200SB2017ham002- 132 -LRB102 16155 JWD 27453 a

1Comptroller of such refunding. The proceeds received from the
2sale of refunding Bonds shall be used for the retirement at
3maturity or redemption of such outstanding Bonds on any
4maturity or redemption date and, pending such use, shall be
5placed in escrow, subject to such terms and conditions as
6shall be provided for in the Bond Sale Order relating to the
7Refunding Bonds. Proceeds not needed for deposit in an escrow
8account shall be deposited in the General Obligation Bond
9Retirement and Interest Fund. This Act shall constitute an
10irrevocable and continuing appropriation of all amounts
11necessary to establish an escrow account for the purpose of
12refunding outstanding general obligation Bonds and to pay the
13reasonable expenses of such refunding and of the issuance and
14sale of the refunding Bonds. Any such escrowed proceeds may be
15invested and reinvested in direct obligations of the United
16States of America, maturing at such time or times as shall be
17appropriate to assure the prompt payment, when due, of the
18principal of and interest and redemption premium, if any, on
19the refunded Bonds. After the terms of the escrow have been
20fully satisfied, any remaining balance of such proceeds and
21interest, income and profits earned or realized on the
22investments thereof shall be paid into the General Revenue
23Fund. The liability of the State upon the Bonds shall
24continue, provided that the holders thereof shall thereafter
25be entitled to payment only out of the moneys deposited in the
26escrow account.

 

 

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1    Except as otherwise herein provided in this Section, such
2refunding Bonds shall in all other respects be subject to the
3terms and conditions of this Act.
4(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17;
5100-587, eff. 6-4-18.)
 
6    Section 3-60. The Metropolitan Civic Center Support Act is
7amended by changing Section 5 and by adding Sections 20 and 21
8as follows:
 
9    (30 ILCS 355/5)  (from Ch. 85, par. 1395)
10    Sec. 5. To the extent that moneys in the MEAOB Fund, in the
11opinion of the Governor and the Director of the Governor's
12Office of Management and Budget, are in excess of 125% of the
13maximum debt service in any fiscal year, the Governor shall
14notify the Comptroller and the State Treasurer of that fact,
15who upon receipt of such notification shall transfer the
16excess moneys from the MEAOB Fund to the General Revenue Fund.
17By June 30, 2021, the State Comptroller shall direct and the
18State Treasurer shall transfer any remaining balance from the
19MEAOB Fund into the General Revenue Fund. Upon completion of
20the transfer of the remaining balance, the MEAOB Fund is
21dissolved, and any future deposits due to that Fund and any
22outstanding obligations or liabilities of that Fund pass to
23the General Revenue Fund.
24(Source: P.A. 94-793, eff. 5-19-06.)
 

 

 

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1    (30 ILCS 355/20 new)
2    Sec. 20. Transfers. By June 30, 2021, the State
3Comptroller shall direct and the State Treasurer shall
4transfer any remaining balance from the Illinois Civic Center
5Bond Retirement and Interest Fund into the General Obligation
6Bond Retirement and Interest Fund. Upon completion of the
7transfers, the Illinois Civic Center Bond Retirement and
8Interest Fund and the Illinois Civic Center Bond Fund are
9dissolved.
 
10    (30 ILCS 355/21 new)
11    Sec. 21. Repealer. This Act is repealed July 1, 2021.
 
12    Section 3-65. The Build Illinois Bond Act is amended by
13changing Section 15 as follows:
 
14    (30 ILCS 425/15)  (from Ch. 127, par. 2815)
15    Sec. 15. Refunding Bonds. Refunding Bonds are hereby
16authorized for the purpose of refunding any outstanding Bonds,
17including the payment of any redemption premium thereon, any
18reasonable expenses of such refunding, and any interest
19accrued or to accrue to the earliest or any subsequent date of
20redemption or maturity of outstanding Bonds; provided that all
21non-refunding Bonds in an issue that includes refunding Bonds
22shall mature no later than the final maturity date of Bonds

 

 

10200SB2017ham002- 135 -LRB102 16155 JWD 27453 a

1being refunded; provided that no refunding Bonds shall be
2offered for sale unless the net present value of debt service
3savings to be achieved by the issuance of the refunding Bonds
4is 3% or more of the principal amount of the refunding Bonds to
5be issued; and further provided that, except for refunding
6Bonds sold in fiscal years year 2009, 2010, 2011, 2017, 2018,
7or 2019, or 2022 the maturities of the refunding Bonds shall
8not extend beyond the maturities of the Bonds they refund, so
9that for each fiscal year in the maturity schedule of a
10particular issue of refunding Bonds, the total amount of
11refunding principal maturing and redemption amounts due in
12that fiscal year and all prior fiscal years in that schedule
13shall be greater than or equal to the total amount of refunded
14principal and redemption amounts that had been due over that
15year and all prior fiscal years prior to the refunding.
16    Refunding Bonds may be sold in such amounts and at such
17times, as directed by the Governor upon recommendation by the
18Director of the Governor's Office of Management and Budget.
19The Governor shall notify the State Treasurer and Comptroller
20of such refunding. The proceeds received from the sale of
21refunding Bonds shall be used for the retirement at maturity
22or redemption of such outstanding Bonds on any maturity or
23redemption date and, pending such use, shall be placed in
24escrow, subject to such terms and conditions as shall be
25provided for in the Bond Sale Order relating to the refunding
26Bonds. This Act shall constitute an irrevocable and continuing

 

 

10200SB2017ham002- 136 -LRB102 16155 JWD 27453 a

1appropriation of all amounts necessary to establish an escrow
2account for the purpose of refunding outstanding Bonds and to
3pay the reasonable expenses of such refunding and of the
4issuance and sale of the refunding Bonds. Any such escrowed
5proceeds may be invested and reinvested in direct obligations
6of the United States of America, maturing at such time or times
7as shall be appropriate to assure the prompt payment, when
8due, of the principal of and interest and redemption premium,
9if any, on the refunded Bonds. After the terms of the escrow
10have been fully satisfied, any remaining balance of such
11proceeds and interest, income and profits earned or realized
12on the investments thereof shall be paid into the General
13Revenue Fund. The liability of the State upon the refunded
14Bonds shall continue, provided that the holders thereof shall
15thereafter be entitled to payment only out of the moneys
16deposited in the escrow account and the refunded Bonds shall
17be deemed paid, discharged and no longer to be outstanding.
18    Except as otherwise herein provided in this Section, such
19refunding Bonds shall in all other respects be issued pursuant
20to and subject to the terms and conditions of this Act and
21shall be secured by and payable from only the funds and sources
22which are provided under this Act.
23(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17;
24100-587, eff. 6-4-18.)
 
25    Section 3-70. The Illinois Coal Technology Development

 

 

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1Assistance Act is amended by changing Section 3 as follows:
 
2    (30 ILCS 730/3)  (from Ch. 96 1/2, par. 8203)
3    Sec. 3. Transfers to Coal Technology Development
4Assistance Fund.
5    (a) As soon as may be practicable after the first day of
6each month, the Department of Revenue shall certify to the
7Treasurer an amount equal to 1/64 of the revenue realized from
8the tax imposed by the Electricity Excise Tax Law, Section 2 of
9the Public Utilities Revenue Act, Section 2 of the Messages
10Tax Act, and Section 2 of the Gas Revenue Tax Act, during the
11preceding month. Upon receipt of the certification, the
12Treasurer shall transfer the amount shown on such
13certification from the General Revenue Fund to the Coal
14Technology Development Assistance Fund, which is hereby
15created as a special fund in the State treasury, except that no
16transfer shall be made in any month in which the Fund has
17reached the following balance:
18        (1) (Blank).
19        (2) (Blank).
20        (3) (Blank).
21        (4) (Blank).
22        (5) (Blank).
23        (6) Expect as otherwise provided in subsection (b),
24    during fiscal year 2006 and each fiscal year thereafter,
25    an amount equal to the sum of $10,000,000 plus additional

 

 

10200SB2017ham002- 138 -LRB102 16155 JWD 27453 a

1    moneys deposited into the Coal Technology Development
2    Assistance Fund from the Renewable Energy Resources and
3    Coal Technology Development Assistance Charge under
4    Section 6.5 of the Renewable Energy, Energy Efficiency,
5    and Coal Resources Development Law of 1997.
6    (b) During fiscal years 2019 through 2022 2021 only, the
7Treasurer shall make no transfers from the General Revenue
8Fund to the Coal Technology Development Assistance Fund.
9(Source: P.A. 100-587, eff. 6-4-18; 101-10, eff. 6-5-19;
10101-636, eff. 6-10-20.)
 
11    Section 3-75. The Small Business Development Act is
12amended by changing Section 9-10 as follows:
 
13    (30 ILCS 750/9-10)  (from Ch. 127, par. 2709-10)
14    Sec. 9-10. Federal Programs.
15    (a) The Department is authorized to accept and expend
16federal moneys monies pursuant to this Article except that the
17terms and conditions hereunder which are inconsistent with, or
18prohibited by, or more restrictive than the federal
19authorization under which such moneys monies are made
20available shall not apply with respect to the expenditure of
21such moneys monies.
22    (b) The Department is authorized to receive and expend
23federal funds made available pursuant to the federal State
24Small Business Credit Initiative Act of 2010 as amended by

 

 

10200SB2017ham002- 139 -LRB102 16155 JWD 27453 a

1Section 3301 of the federal American Rescue Plan Act of 2021,
2enacted in response to the COVID-19 public health emergency.
3        (1) Such funds may be deposited into the State Small
4    Business Credit Initiative Fund and may be used by the
5    Department, subject to appropriation, for any permitted
6    purposes in accordance with the federal State Small
7    Business Credit Initiative Act of 2010 as amended by
8    Section 3301 of the federal American Rescue Plan Act of
9    2021 and any related federal guidance.
10        (2) Permitted purposes include to provide support to
11    small businesses responding to and recovering from the
12    economic effects of the COVIDľ19 pandemic, to ensure
13    business enterprises owned and controlled by socially and
14    economically disadvantaged individuals have access to
15    credit and investments, to provide technical assistance to
16    help small businesses applying for various support
17    programs, and to pay reasonable costs of administering the
18    initiative.
19        (3) Terms such as "business enterprise owned and
20    controlled by socially and economically disadvantaged
21    individuals", "socially and economically disadvantaged
22    individual" and "very small business", and any other terms
23    defined in the federal State Small Business Credit
24    Initiative Act of 2010 as amended by Section 3301 of the
25    federal American Rescue Plan Act of 2021 and any related
26    federal guidance, have the same meaning for purposes of

 

 

10200SB2017ham002- 140 -LRB102 16155 JWD 27453 a

1    the Department's implementation of this initiative. The
2    term "small business" includes both for-profit and
3    not-for-profit business enterprises to the extent
4    permitted by federal law and guidance.
5        (4) The Department may use such funds to enter into
6    technical assistance agreements and other agreements with
7    both for-profit and not-for-profit business enterprises
8    and may provide technical assistance to small businesses
9    to the extent permitted by federal law and guidance.
10(Source: P.A. 84-109.)
 
11    Section 3-80. The Illinois Income Tax Act is amended by
12changing Section 901 as follows:
 
13    (35 ILCS 5/901)
14    (Text of Section without the changes made by P.A. 101-8,
15which did not take effect (see Section 99 of P.A. 101-8))
16    Sec. 901. Collection authority.
17    (a) In general. The Department shall collect the taxes
18imposed by this Act. The Department shall collect certified
19past due child support amounts under Section 2505-650 of the
20Department of Revenue Law of the Civil Administrative Code of
21Illinois. Except as provided in subsections (b), (c), (e),
22(f), (g), and (h) of this Section, money collected pursuant to
23subsections (a) and (b) of Section 201 of this Act shall be
24paid into the General Revenue Fund in the State treasury;

 

 

10200SB2017ham002- 141 -LRB102 16155 JWD 27453 a

1money collected pursuant to subsections (c) and (d) of Section
2201 of this Act shall be paid into the Personal Property Tax
3Replacement Fund, a special fund in the State Treasury; and
4money collected under Section 2505-650 of the Department of
5Revenue Law of the Civil Administrative Code of Illinois shall
6be paid into the Child Support Enforcement Trust Fund, a
7special fund outside the State Treasury, or to the State
8Disbursement Unit established under Section 10-26 of the
9Illinois Public Aid Code, as directed by the Department of
10Healthcare and Family Services.
11    (b) Local Government Distributive Fund. Beginning August
121, 2017, the Treasurer shall transfer each month from the
13General Revenue Fund to the Local Government Distributive Fund
14an amount equal to the sum of (i) 6.06% (10% of the ratio of
15the 3% individual income tax rate prior to 2011 to the 4.95%
16individual income tax rate after July 1, 2017) of the net
17revenue realized from the tax imposed by subsections (a) and
18(b) of Section 201 of this Act upon individuals, trusts, and
19estates during the preceding month and (ii) 6.85% (10% of the
20ratio of the 4.8% corporate income tax rate prior to 2011 to
21the 7% corporate income tax rate after July 1, 2017) of the net
22revenue realized from the tax imposed by subsections (a) and
23(b) of Section 201 of this Act upon corporations during the
24preceding month. Net revenue realized for a month shall be
25defined as the revenue from the tax imposed by subsections (a)
26and (b) of Section 201 of this Act which is deposited in the

 

 

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1General Revenue Fund, the Education Assistance Fund, the
2Income Tax Surcharge Local Government Distributive Fund, the
3Fund for the Advancement of Education, and the Commitment to
4Human Services Fund during the month minus the amount paid out
5of the General Revenue Fund in State warrants during that same
6month as refunds to taxpayers for overpayment of liability
7under the tax imposed by subsections (a) and (b) of Section 201
8of this Act.
9    Notwithstanding any provision of law to the contrary,
10beginning on July 6, 2017 (the effective date of Public Act
11100-23), those amounts required under this subsection (b) to
12be transferred by the Treasurer into the Local Government
13Distributive Fund from the General Revenue Fund shall be
14directly deposited into the Local Government Distributive Fund
15as the revenue is realized from the tax imposed by subsections
16(a) and (b) of Section 201 of this Act.
17    For State fiscal year 2020 only, notwithstanding any
18provision of law to the contrary, the total amount of revenue
19and deposits under this Section attributable to revenues
20realized during State fiscal year 2020 shall be reduced by 5%.
21    (c) Deposits Into Income Tax Refund Fund.
22        (1) Beginning on January 1, 1989 and thereafter, the
23    Department shall deposit a percentage of the amounts
24    collected pursuant to subsections (a) and (b)(1), (2), and
25    (3) of Section 201 of this Act into a fund in the State
26    treasury known as the Income Tax Refund Fund. Beginning

 

 

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1    with State fiscal year 1990 and for each fiscal year
2    thereafter, the percentage deposited into the Income Tax
3    Refund Fund during a fiscal year shall be the Annual
4    Percentage. For fiscal year 2011, the Annual Percentage
5    shall be 8.75%. For fiscal year 2012, the Annual
6    Percentage shall be 8.75%. For fiscal year 2013, the
7    Annual Percentage shall be 9.75%. For fiscal year 2014,
8    the Annual Percentage shall be 9.5%. For fiscal year 2015,
9    the Annual Percentage shall be 10%. For fiscal year 2018,
10    the Annual Percentage shall be 9.8%. For fiscal year 2019,
11    the Annual Percentage shall be 9.7%. For fiscal year 2020,
12    the Annual Percentage shall be 9.5%. For fiscal year 2021,
13    the Annual Percentage shall be 9%. For fiscal year 2022,
14    the Annual Percentage shall be 9.25%. For all other fiscal
15    years, the Annual Percentage shall be calculated as a
16    fraction, the numerator of which shall be the amount of
17    refunds approved for payment by the Department during the
18    preceding fiscal year as a result of overpayment of tax
19    liability under subsections (a) and (b)(1), (2), and (3)
20    of Section 201 of this Act plus the amount of such refunds
21    remaining approved but unpaid at the end of the preceding
22    fiscal year, minus the amounts transferred into the Income
23    Tax Refund Fund from the Tobacco Settlement Recovery Fund,
24    and the denominator of which shall be the amounts which
25    will be collected pursuant to subsections (a) and (b)(1),
26    (2), and (3) of Section 201 of this Act during the

 

 

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1    preceding fiscal year; except that in State fiscal year
2    2002, the Annual Percentage shall in no event exceed 7.6%.
3    The Director of Revenue shall certify the Annual
4    Percentage to the Comptroller on the last business day of
5    the fiscal year immediately preceding the fiscal year for
6    which it is to be effective.
7        (2) Beginning on January 1, 1989 and thereafter, the
8    Department shall deposit a percentage of the amounts
9    collected pursuant to subsections (a) and (b)(6), (7), and
10    (8), (c) and (d) of Section 201 of this Act into a fund in
11    the State treasury known as the Income Tax Refund Fund.
12    Beginning with State fiscal year 1990 and for each fiscal
13    year thereafter, the percentage deposited into the Income
14    Tax Refund Fund during a fiscal year shall be the Annual
15    Percentage. For fiscal year 2011, the Annual Percentage
16    shall be 17.5%. For fiscal year 2012, the Annual
17    Percentage shall be 17.5%. For fiscal year 2013, the
18    Annual Percentage shall be 14%. For fiscal year 2014, the
19    Annual Percentage shall be 13.4%. For fiscal year 2015,
20    the Annual Percentage shall be 14%. For fiscal year 2018,
21    the Annual Percentage shall be 17.5%. For fiscal year
22    2019, the Annual Percentage shall be 15.5%. For fiscal
23    year 2020, the Annual Percentage shall be 14.25%. For
24    fiscal year 2021, the Annual Percentage shall be 14%. For
25    fiscal year 2022, the Annual Percentage shall be 15%. For
26    all other fiscal years, the Annual Percentage shall be

 

 

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1    calculated as a fraction, the numerator of which shall be
2    the amount of refunds approved for payment by the
3    Department during the preceding fiscal year as a result of
4    overpayment of tax liability under subsections (a) and
5    (b)(6), (7), and (8), (c) and (d) of Section 201 of this
6    Act plus the amount of such refunds remaining approved but
7    unpaid at the end of the preceding fiscal year, and the
8    denominator of which shall be the amounts which will be
9    collected pursuant to subsections (a) and (b)(6), (7), and
10    (8), (c) and (d) of Section 201 of this Act during the
11    preceding fiscal year; except that in State fiscal year
12    2002, the Annual Percentage shall in no event exceed 23%.
13    The Director of Revenue shall certify the Annual
14    Percentage to the Comptroller on the last business day of
15    the fiscal year immediately preceding the fiscal year for
16    which it is to be effective.
17        (3) The Comptroller shall order transferred and the
18    Treasurer shall transfer from the Tobacco Settlement
19    Recovery Fund to the Income Tax Refund Fund (i)
20    $35,000,000 in January, 2001, (ii) $35,000,000 in January,
21    2002, and (iii) $35,000,000 in January, 2003.
22    (d) Expenditures from Income Tax Refund Fund.
23        (1) Beginning January 1, 1989, money in the Income Tax
24    Refund Fund shall be expended exclusively for the purpose
25    of paying refunds resulting from overpayment of tax
26    liability under Section 201 of this Act and for making

 

 

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

 

 

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1    resulting from overpayment of tax liability under
2    subsections (c) and (d) of Section 201 of this Act paid
3    from the Income Tax Refund Fund during the fiscal year
4    over the amount collected pursuant to subsections (c) and
5    (d) of Section 201 of this Act deposited into the Income
6    Tax Refund Fund during the fiscal year.
7        (4.5) As soon as possible after the end of fiscal year
8    1999 and of each fiscal year thereafter, the Director
9    shall order transferred and the State Treasurer and State
10    Comptroller shall transfer from the Income Tax Refund Fund
11    to the General Revenue Fund any surplus remaining in the
12    Income Tax Refund Fund as of the end of such fiscal year;
13    excluding for fiscal years 2000, 2001, and 2002 amounts
14    attributable to transfers under item (3) of subsection (c)
15    less refunds resulting from the earned income tax credit.
16        (5) This Act shall constitute an irrevocable and
17    continuing appropriation from the Income Tax Refund Fund
18    for the purpose of paying refunds upon the order of the
19    Director in accordance with the provisions of this
20    Section.
21    (e) Deposits into the Education Assistance Fund and the
22Income Tax Surcharge Local Government Distributive Fund. On
23July 1, 1991, and thereafter, of the amounts collected
24pursuant to subsections (a) and (b) of Section 201 of this Act,
25minus deposits into the Income Tax Refund Fund, the Department
26shall deposit 7.3% into the Education Assistance Fund in the

 

 

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1State Treasury. Beginning July 1, 1991, and continuing through
2January 31, 1993, of the amounts collected pursuant to
3subsections (a) and (b) of Section 201 of the Illinois Income
4Tax Act, minus deposits into the Income Tax Refund Fund, the
5Department shall deposit 3.0% into the Income Tax Surcharge
6Local Government Distributive Fund in the State Treasury.
7Beginning February 1, 1993 and continuing through June 30,
81993, of the amounts collected pursuant to subsections (a) and
9(b) of Section 201 of the Illinois Income Tax Act, minus
10deposits into the Income Tax Refund Fund, the Department shall
11deposit 4.4% into the Income Tax Surcharge Local Government
12Distributive Fund in the State Treasury. Beginning July 1,
131993, and continuing through June 30, 1994, of the amounts
14collected under subsections (a) and (b) of Section 201 of this
15Act, minus deposits into the Income Tax Refund Fund, the
16Department shall deposit 1.475% into the Income Tax Surcharge
17Local Government Distributive Fund in the State Treasury.
18    (f) Deposits into the Fund for the Advancement of
19Education. Beginning February 1, 2015, the Department shall
20deposit the following portions of the revenue realized from
21the tax imposed upon individuals, trusts, and estates by
22subsections (a) and (b) of Section 201 of this Act, minus
23deposits into the Income Tax Refund Fund, into the Fund for the
24Advancement of Education:
25        (1) beginning February 1, 2015, and prior to February
26    1, 2025, 1/30; and

 

 

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

 

 

10200SB2017ham002- 150 -LRB102 16155 JWD 27453 a

1appropriation, to fund additional auditors and compliance
2personnel at the Department, an amount equal to 1/12 of 5% of
3the cash receipts collected during the preceding fiscal year
4by the Audit Bureau of the Department from the tax imposed by
5subsections (a), (b), (c), and (d) of Section 201 of this Act,
6net of deposits into the Income Tax Refund Fund made from those
7cash receipts.
8(Source: P.A. 100-22, eff. 7-6-17; 100-23, eff. 7-6-17;
9100-587, eff. 6-4-18; 100-621, eff. 7-20-18; 100-863, eff.
108-14-18; 100-1171, eff. 1-4-19; 101-10, eff. 6-5-19; 101-81,
11eff. 7-12-19; 101-636, eff. 6-10-20.)
 
12    Section 3-85. The Illinois Pension Code is amended by
13changing Section 21-109.1 as follows:
 
14    (40 ILCS 5/21-109.1)  (from Ch. 108 1/2, par. 21-109.1)
15    Sec. 21-109.1. (a) Notwithstanding any law to the
16contrary, State agencies, as defined in the State Auditing
17Act, shall remit to the Comptroller all contributions required
18under subchapters A, B and C of the Federal Insurance
19Contributions Act, at the rates and at the times specified in
20that Act, for wages paid on or after January 1, 1987 on a
21warrant of the State Comptroller.
22    (b) The Comptroller shall establish a fund to be known as
23the Social Security Administration Fund, with the State
24Treasurer as ex officio custodian. Contributions and other

 

 

10200SB2017ham002- 151 -LRB102 16155 JWD 27453 a

1monies received by the Comptroller for the purposes of the
2Federal Insurance Contributions Act shall either be directly
3remitted to the U.S. Secretary of the Treasury or be held in
4trust in such fund, and shall be paid upon the order of the
5Comptroller for:
6        (1) payment of amounts required to be paid to the U. S.
7    Secretary of the Treasury in the amounts and at the times
8    specified in the Federal Insurance Contributions Act; and
9        (2) payment of refunds for overpayments which are not
10    otherwise adjustable.
11    (c) The Comptroller may collect from a State agency the
12actual or anticipated amount of any interest and late charges
13arising from the State agency's failure to collect and remit
14to the Comptroller contributions as required by the Federal
15Insurance Contributions Act. Such interest and charges shall
16be due and payable upon receipt of notice thereof from the
17Comptroller.
18    (d) The Comptroller shall pay to the U. S. Secretary of the
19Treasury such amounts at such times as may be required under
20the Federal Insurance Contributions Act.
21    (e) The Comptroller may direct and the State Treasurer
22shall transfer amounts from the Social Security Administration
23Fund into the Capital Facility and Technology Modernization
24Fund as the Comptroller deems necessary. The Comptroller may
25direct and the State Treasurer shall transfer any such amounts
26so transferred to the Capital Facility and Technology

 

 

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1Modernization Fund back to the Social Security Administration
2Fund at any time.
3(Source: P.A. 86-657; 87-11.)
 
4    Section 3-90. The Fair and Exposition Authority
5Reconstruction Act is amended by changing Section 8 as
6follows:
 
7    (70 ILCS 215/8)  (from Ch. 85, par. 1250.8)
8    Sec. 8. Appropriations may be made from time to time by the
9General Assembly to the Metropolitan Pier and Exposition
10Authority for the payment of principal and interest of bonds
11of the Authority issued under the provisions of this Act and
12for any other lawful purpose of the Authority. Any and all of
13the funds so received shall be kept separate and apart from any
14and all other funds of the Authority. After there has been paid
15into the Metropolitan Fair and Exposition Authority
16Reconstruction Fund in the State Treasury sufficient money,
17pursuant to this Section and Sections 2 and 29 of the Cigarette
18Tax Act, to retire all bonds payable from that Fund, the taxes
19derived from Section 28 of the Illinois Horse Racing Act of
201975 which were required to be paid into that Fund pursuant to
21that Act shall thereafter be paid into the General Revenue
22Fund Metropolitan Exposition, Auditorium and Office Building
23Fund in the State Treasury.
24(Source: P.A. 94-91, eff. 7-1-05.)
 

 

 

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1    Section 3-95. The School Code is amended by changing
2Sections 2-3.117, 10-17a, and 10-22.36 as follows:
 
3    (105 ILCS 5/2-3.117)
4    Sec. 2-3.117. School Technology Program.
5    (a) The State Board of Education is authorized to provide
6technology-based learning resources to school districts to
7improve educational opportunities and student achievement
8throughout the State. These resources may include
9reimbursements for the cost of tuition incurred by a school
10district for approved online courses accessed through the
11State Board of Education's Illinois Virtual Course Catalog
12Program.
13        (1) A school district shall be eligible for
14    reimbursement for the cost of each virtual class accessed
15    through the Illinois Virtual Course Catalog program and
16    successfully completed by a student of the school
17    district, to the extent appropriated funds are available
18    for such reimbursements.
19        (2) A school district shall claim reimbursement on
20    forms and through a process prescribed by the State Board
21    of Education.
22    (b) The State Board of Education is authorized, to the
23extent funds are available, to establish a statewide support
24system for information, professional development, technical

 

 

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1assistance, network design consultation, leadership,
2technology planning consultation, and information exchange; to
3expand school district connectivity; and to increase the
4quantity and quality of student and educator access to on-line
5resources, experts, and communications avenues from moneys
6appropriated for the purposes of this Section.
7    (b-5) The State Board of Education may enter into
8intergovernmental contracts or agreements with other State
9agencies, public community colleges, public libraries, public
10and private colleges and universities, museums on public land,
11and other public agencies in the areas of technology,
12telecommunications, and information access, under such terms
13as the parties may agree, provided that those contracts and
14agreements are in compliance with the Department of Central
15Management Services' mandate to provide telecommunications
16services to all State agencies.
17    (c) (Blank).
18    (d) (Blank).
19(Source: P.A. 95-793, eff. 1-1-09.)
 
20    (105 ILCS 5/10-17a)  (from Ch. 122, par. 10-17a)
21    Sec. 10-17a. State, school district, and school report
22cards.
23    (1) By October 31, 2013 and October 31 of each subsequent
24school year, the State Board of Education, through the State
25Superintendent of Education, shall prepare a State report

 

 

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1card, school district report cards, and school report cards,
2and shall by the most economic means provide to each school
3district in this State, including special charter districts
4and districts subject to the provisions of Article 34, the
5report cards for the school district and each of its schools.
6Because of the impacts of the COVID-19 public health emergency
7during school year 2020-2021, the State Board of Education
8shall have until December 31, 2021 to prepare and provide the
9report cards that would otherwise be due by October 31, 2021.
10    (2) In addition to any information required by federal
11law, the State Superintendent shall determine the indicators
12and presentation of the school report card, which must
13include, at a minimum, the most current data collected and
14maintained by the State Board of Education related to the
15following:
16        (A) school characteristics and student demographics,
17    including average class size, average teaching experience,
18    student racial/ethnic breakdown, and the percentage of
19    students classified as low-income; the percentage of
20    students classified as English learners; the percentage of
21    students who have individualized education plans or 504
22    plans that provide for special education services; the
23    number and percentage of all students who have been
24    assessed for placement in a gifted education or advanced
25    academic program and, of those students: (i) the racial
26    and ethnic breakdown, (ii) the percentage who are

 

 

10200SB2017ham002- 156 -LRB102 16155 JWD 27453 a

1    classified as low-income, and (iii) the number and
2    percentage of students who received direct instruction
3    from a teacher who holds a gifted education endorsement
4    and, of those students, the percentage who are classified
5    as low-income; the percentage of students scoring at the
6    "exceeds expectations" level on the assessments required
7    under Section 2-3.64a-5 of this Code; the percentage of
8    students who annually transferred in or out of the school
9    district; average daily attendance; the per-pupil
10    operating expenditure of the school district; and the
11    per-pupil State average operating expenditure for the
12    district type (elementary, high school, or unit);
13        (B) curriculum information, including, where
14    applicable, Advanced Placement, International
15    Baccalaureate or equivalent courses, dual enrollment
16    courses, foreign language classes, computer science
17    courses, school personnel resources (including Career
18    Technical Education teachers), before and after school
19    programs, extracurricular activities, subjects in which
20    elective classes are offered, health and wellness
21    initiatives (including the average number of days of
22    Physical Education per week per student), approved
23    programs of study, awards received, community
24    partnerships, and special programs such as programming for
25    the gifted and talented, students with disabilities, and
26    work-study students;

 

 

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1        (C) student outcomes, including, where applicable, the
2    percentage of students deemed proficient on assessments of
3    State standards, the percentage of students in the eighth
4    grade who pass Algebra, the percentage of students who
5    participated in workplace learning experiences, the
6    percentage of students enrolled in post-secondary
7    institutions (including colleges, universities, community
8    colleges, trade/vocational schools, and training programs
9    leading to career certification within 2 semesters of high
10    school graduation), the percentage of students graduating
11    from high school who are college and career ready, and the
12    percentage of graduates enrolled in community colleges,
13    colleges, and universities who are in one or more courses
14    that the community college, college, or university
15    identifies as a developmental course;
16        (D) student progress, including, where applicable, the
17    percentage of students in the ninth grade who have earned
18    5 credits or more without failing more than one core
19    class, a measure of students entering kindergarten ready
20    to learn, a measure of growth, and the percentage of
21    students who enter high school on track for college and
22    career readiness;
23        (E) the school environment, including, where
24    applicable, the percentage of students with less than 10
25    absences in a school year, the percentage of teachers with
26    less than 10 absences in a school year for reasons other

 

 

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1    than professional development, leaves taken pursuant to
2    the federal Family Medical Leave Act of 1993, long-term
3    disability, or parental leaves, the 3-year average of the
4    percentage of teachers returning to the school from the
5    previous year, the number of different principals at the
6    school in the last 6 years, the number of teachers who hold
7    a gifted education endorsement, the process and criteria
8    used by the district to determine whether a student is
9    eligible for participation in a gifted education program
10    or advanced academic program and the manner in which
11    parents and guardians are made aware of the process and
12    criteria, 2 or more indicators from any school climate
13    survey selected or approved by the State and administered
14    pursuant to Section 2-3.153 of this Code, with the same or
15    similar indicators included on school report cards for all
16    surveys selected or approved by the State pursuant to
17    Section 2-3.153 of this Code, and the combined percentage
18    of teachers rated as proficient or excellent in their most
19    recent evaluation;
20        (F) a school district's and its individual schools'
21    balanced accountability measure, in accordance with
22    Section 2-3.25a of this Code;
23        (G) the total and per pupil normal cost amount the
24    State contributed to the Teachers' Retirement System of
25    the State of Illinois in the prior fiscal year for the
26    school's employees, which shall be reported to the State

 

 

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1    Board of Education by the Teachers' Retirement System of
2    the State of Illinois;
3        (H) for a school district organized under Article 34
4    of this Code only, State contributions to the Public
5    School Teachers' Pension and Retirement Fund of Chicago
6    and State contributions for health care for employees of
7    that school district;
8        (I) a school district's Final Percent of Adequacy, as
9    defined in paragraph (4) of subsection (f) of Section
10    18-8.15 of this Code;
11        (J) a school district's Local Capacity Target, as
12    defined in paragraph (2) of subsection (c) of Section
13    18-8.15 of this Code, displayed as a percentage amount;
14        (K) a school district's Real Receipts, as defined in
15    paragraph (1) of subsection (d) of Section 18-8.15 of this
16    Code, divided by a school district's Adequacy Target, as
17    defined in paragraph (1) of subsection (b) of Section
18    18-8.15 of this Code, displayed as a percentage amount;
19        (L) a school district's administrative costs;
20        (M) whether or not the school has participated in the
21    Illinois Youth Survey. In this paragraph (M), "Illinois
22    Youth Survey" means a self-report survey, administered in
23    school settings every 2 years, designed to gather
24    information about health and social indicators, including
25    substance abuse patterns and the attitudes of students in
26    grades 8, 10, and 12; and

 

 

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1        (N) whether the school offered its students career and
2    technical education opportunities.
3    The school report card shall also provide information that
4allows for comparing the current outcome, progress, and
5environment data to the State average, to the school data from
6the past 5 years, and to the outcomes, progress, and
7environment of similar schools based on the type of school and
8enrollment of low-income students, special education students,
9and English learners.
10    As used in this subsection (2):
11    "Administrative costs" means costs associated with
12executive, administrative, or managerial functions within the
13school district that involve planning, organizing, managing,
14or directing the school district.
15    "Advanced academic program" means a course of study to
16which students are assigned based on advanced cognitive
17ability or advanced academic achievement compared to local age
18peers and in which the curriculum is substantially
19differentiated from the general curriculum to provide
20appropriate challenge and pace.
21    "Computer science" means the study of computers and
22algorithms, including their principles, their hardware and
23software designs, their implementation, and their impact on
24society. "Computer science" does not include the study of
25everyday uses of computers and computer applications, such as
26keyboarding or accessing the Internet.

 

 

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1    "Gifted education" means educational services, including
2differentiated curricula and instructional methods, designed
3to meet the needs of gifted children as defined in Article 14A
4of this Code.
5    For the purposes of paragraph (A) of this subsection (2),
6"average daily attendance" means the average of the actual
7number of attendance days during the previous school year for
8any enrolled student who is subject to compulsory attendance
9by Section 26-1 of this Code at each school and charter school.
10    (3) At the discretion of the State Superintendent, the
11school district report card shall include a subset of the
12information identified in paragraphs (A) through (E) of
13subsection (2) of this Section, as well as information
14relating to the operating expense per pupil and other finances
15of the school district, and the State report card shall
16include a subset of the information identified in paragraphs
17(A) through (E) and paragraph (N) of subsection (2) of this
18Section. The school district report card shall include the
19average daily attendance, as that term is defined in
20subsection (2) of this Section, of students who have
21individualized education programs and students who have 504
22plans that provide for special education services within the
23school district.
24    (4) Notwithstanding anything to the contrary in this
25Section, in consultation with key education stakeholders, the
26State Superintendent shall at any time have the discretion to

 

 

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1amend or update any and all metrics on the school, district, or
2State report card.
3    (5) Annually, no more than 30 calendar days after receipt
4of the school district and school report cards from the State
5Superintendent of Education, each school district, including
6special charter districts and districts subject to the
7provisions of Article 34, shall present such report cards at a
8regular school board meeting subject to applicable notice
9requirements, post the report cards on the school district's
10Internet web site, if the district maintains an Internet web
11site, make the report cards available to a newspaper of
12general circulation serving the district, and, upon request,
13send the report cards home to a parent (unless the district
14does not maintain an Internet web site, in which case the
15report card shall be sent home to parents without request). If
16the district posts the report card on its Internet web site,
17the district shall send a written notice home to parents
18stating (i) that the report card is available on the web site,
19(ii) the address of the web site, (iii) that a printed copy of
20the report card will be sent to parents upon request, and (iv)
21the telephone number that parents may call to request a
22printed copy of the report card.
23    (6) Nothing contained in Public Act 98-648 repeals,
24supersedes, invalidates, or nullifies final decisions in
25lawsuits pending on July 1, 2014 (the effective date of Public
26Act 98-648) in Illinois courts involving the interpretation of

 

 

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1Public Act 97-8.
2(Source: P.A. 100-227, eff. 8-18-17; 100-364, eff. 1-1-18;
3100-448, eff. 7-1-19; 100-465, eff. 8-31-17; 100-807, eff.
48-10-18; 100-863, eff. 8-14-18; 100-1121, eff. 1-1-19; 101-68,
5eff. 1-1-20; 101-81, eff. 7-12-19; 101-654, eff. 3-8-21.)
 
6    (105 ILCS 5/10-22.36)  (from Ch. 122, par. 10-22.36)
7    Sec. 10-22.36. Buildings for school purposes.
8    (a) To build or purchase a building for school classroom
9or instructional purposes upon the approval of a majority of
10the voters upon the proposition at a referendum held for such
11purpose or in accordance with Section 17-2.11, 19-3.5, or
1219-3.10. The board may initiate such referendum by resolution.
13The board shall certify the resolution and proposition to the
14proper election authority for submission in accordance with
15the general election law.
16    The questions of building one or more new buildings for
17school purposes or office facilities, and issuing bonds for
18the purpose of borrowing money to purchase one or more
19buildings or sites for such buildings or office sites, to
20build one or more new buildings for school purposes or office
21facilities or to make additions and improvements to existing
22school buildings, may be combined into one or more
23propositions on the ballot.
24    Before erecting, or purchasing or remodeling such a
25building the board shall submit the plans and specifications

 

 

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1respecting heating, ventilating, lighting, seating, water
2supply, toilets and safety against fire to the regional
3superintendent of schools having supervision and control over
4the district, for approval in accordance with Section 2-3.12.
5    Notwithstanding any of the foregoing, no referendum shall
6be required if the purchase, construction, or building of any
7such building (1) occurs while the building is being leased by
8the school district or (2) is paid with (A) funds derived from
9the sale or disposition of other buildings, land, or
10structures of the school district or (B) funds received (i) as
11a grant under the School Construction Law or (ii) as gifts or
12donations, provided that no funds to purchase, construct, or
13build such building, other than lease payments, are derived
14from the district's bonded indebtedness or the tax levy of the
15district.
16    Notwithstanding any of the foregoing, no referendum shall
17be required if the purchase, construction, or building of any
18such building is paid with funds received from the County
19School Facility and Resources Occupation Tax Law under Section
205-1006.7 of the Counties Code or from the proceeds of bonds or
21other debt obligations secured by revenues obtained from that
22Law.
23    (b) Notwithstanding the provisions of subsection (a), for
24any school district: (i) that is a tier 1 school, (ii) that has
25a population of less than 50,000 inhabitants, (iii) whose
26student population is between 5,800 and 6,300, (iv) in which

 

 

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157% to 62% of students are low-income, and (v) whose average
2district spending is between $10,000 to $12,000 per pupil,
3until July 1, 2025, no referendum shall be required if at least
470% of the cost of the purchase, construction, or building of
5any such building is paid, or will be paid, with funds received
6or expected to be received as part of, or otherwise derived
7from, the federal Consolidated Appropriations Act and the
8federal American Rescue Plan Act of 2021.
9    For this subsection (b), the school board must hold at
10least 2 public hearings, the sole purpose of which shall be to
11discuss the decision to construct a school building and to
12receive input from the community. The notice of each public
13hearing that sets forth the time, date, place, and name or
14description of the school building that the school board is
15considering constructing must be provided at least 10 days
16prior to the hearing by publication on the school board's
17Internet website.
18(Source: P.A. 101-455, eff. 8-23-19.)
 
19    Section 3-100. The Real Estate Appraiser Licensure Act of
202002 is amended by changing Sections 25-5 and 25-20 as
21follows:
 
22    (225 ILCS 458/25-5)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 25-5. Appraisal Administration Fund; surcharge. The

 

 

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1Appraisal Administration Fund is created as a special fund in
2the State Treasury. All fees, fines, and penalties received by
3the Department under this Act shall be deposited into the
4Appraisal Administration Fund. Also, moneys received from any
5federal financial assistance or any gift, grant, or donation
6may be deposited into the Appraisal Administration Fund. All
7earnings attributable to investment of funds in the Appraisal
8Administration Fund shall be credited to the Appraisal
9Administration Fund. Subject to appropriation, the moneys in
10the Appraisal Administration Fund shall be paid to the
11Department for the expenses incurred by the Department and the
12Board in the administration of this Act. Moneys in the
13Appraisal Administration Fund may be transferred to the
14Professions Indirect Cost Fund as authorized under Section
152105-300 of the Department of Professional Regulation Law of
16the Civil Administrative Code of Illinois. However, moneys in
17the Appraisal Administration Fund received from any federal
18financial assistance or any gift, grant, or donation shall be
19used only in accordance with the requirements of the federal
20financial assistance, gift, grant, or donation and may not be
21transferred to the Professions Indirect Cost Fund.
22    Upon the completion of any audit of the Department, as
23prescribed by the Illinois State Auditing Act, which shall
24include an audit of the Appraisal Administration Fund, the
25Department shall make the audit report open to inspection by
26any interested person.

 

 

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1(Source: P.A. 96-844, eff. 12-23-09.)
 
2    (225 ILCS 458/25-20)
3    (Section scheduled to be repealed on January 1, 2022)
4    Sec. 25-20. Department; powers and duties. The Department
5of Financial and Professional Regulation shall exercise the
6powers and duties prescribed by the Civil Administrative Code
7of Illinois for the administration of licensing Acts and shall
8exercise such other powers and duties as are prescribed by
9this Act for the administration of this Act. The Department
10may contract with third parties for services necessary for the
11proper administration of this Act, including without
12limitation, investigators with the proper knowledge, training,
13and skills to properly investigate complaints against real
14estate appraisers.
15    In addition, the Department may receive federal financial
16assistance, either directly from the federal government or
17indirectly through another source, public or private, for the
18administration of this Act. The Department may also receive
19transfers, gifts, grants, or donations from any source, public
20or private, in the form of funds, services, equipment,
21supplies, or materials. Any funds received pursuant to this
22Section shall be deposited in the Appraisal Administration
23Fund unless deposit in a different fund is otherwise mandated,
24and shall be used in accordance with the requirements of the
25federal financial assistance, gift, grant, or donation for

 

 

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1purposes related to the powers and duties of the Department.
2    The Department shall maintain and update a registry of the
3names and addresses of all licensees and a listing of
4disciplinary orders issued pursuant to this Act and shall
5transmit the registry, along with any national registry fees
6that may be required, to the entity specified by, and in a
7manner consistent with, Title XI of the federal Financial
8Institutions Reform, Recovery and Enforcement Act of 1989.
9(Source: P.A. 96-844, eff. 12-23-09.)
 
10    Section 3-105. The Illinois Horse Racing Act of 1975 is
11amended by changing Section 28 as follows:
 
12    (230 ILCS 5/28)  (from Ch. 8, par. 37-28)
13    Sec. 28. Except as provided in subsection (g) of Section
1427 of this Act, moneys collected shall be distributed
15according to the provisions of this Section 28.
16    (a) Thirty per cent of the total of all monies received by
17the State as privilege taxes shall be paid into the
18Metropolitan Exposition, Auditorium and Office Building Fund
19in the State Treasury until such Fund is repealed, and
20thereafter shall be paid into the General Revenue Fund in the
21State Treasury.
22    (b) In addition, 4.5% of the total of all monies received
23by the State as privilege taxes shall be paid into the State
24treasury into a special Fund to be known as the Metropolitan

 

 

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1Exposition, Auditorium and Office Building Fund until such
2Fund is repealed, and thereafter shall be paid into the
3General Revenue Fund in the State Treasury.
4    (c) Fifty per cent of the total of all monies received by
5the State as privilege taxes under the provisions of this Act
6shall be paid into the Agricultural Premium Fund.
7    (d) Seven per cent of the total of all monies received by
8the State as privilege taxes shall be paid into the Fair and
9Exposition Fund in the State treasury; provided, however, that
10when all bonds issued prior to July 1, 1984 by the Metropolitan
11Fair and Exposition Authority shall have been paid or payment
12shall have been provided for upon a refunding of those bonds,
13thereafter 1/12 of $1,665,662 of such monies shall be paid
14each month into the Build Illinois Fund, and the remainder
15into the Fair and Exposition Fund. All excess monies shall be
16allocated to the Department of Agriculture for distribution to
17county fairs for premiums and rehabilitation as set forth in
18the Agricultural Fair Act.
19    (e) The monies provided for in Section 30 shall be paid
20into the Illinois Thoroughbred Breeders Fund.
21    (f) The monies provided for in Section 31 shall be paid
22into the Illinois Standardbred Breeders Fund.
23    (g) Until January 1, 2000, that part representing 1/2 of
24the total breakage in Thoroughbred, Harness, Appaloosa,
25Arabian, and Quarter Horse racing in the State shall be paid
26into the Illinois Race Track Improvement Fund as established

 

 

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1in Section 32.
2    (h) All other monies received by the Board under this Act
3shall be paid into the Horse Racing Fund.
4    (i) The salaries of the Board members, secretary,
5stewards, directors of mutuels, veterinarians,
6representatives, accountants, clerks, stenographers,
7inspectors and other employees of the Board, and all expenses
8of the Board incident to the administration of this Act,
9including, but not limited to, all expenses and salaries
10incident to the taking of saliva and urine samples in
11accordance with the rules and regulations of the Board shall
12be paid out of the Agricultural Premium Fund.
13    (j) The Agricultural Premium Fund shall also be used:
14        (1) for the expenses of operating the Illinois State
15    Fair and the DuQuoin State Fair, including the payment of
16    prize money or premiums;
17        (2) for the distribution to county fairs, vocational
18    agriculture section fairs, agricultural societies, and
19    agricultural extension clubs in accordance with the
20    Agricultural Fair Act, as amended;
21        (3) for payment of prize monies and premiums awarded
22    and for expenses incurred in connection with the
23    International Livestock Exposition and the Mid-Continent
24    Livestock Exposition held in Illinois, which premiums, and
25    awards must be approved, and paid by the Illinois
26    Department of Agriculture;

 

 

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1        (4) for personal service of county agricultural
2    advisors and county home advisors;
3        (5) for distribution to agricultural home economic
4    extension councils in accordance with "An Act in relation
5    to additional support and finance for the Agricultural and
6    Home Economic Extension Councils in the several counties
7    in this State and making an appropriation therefor",
8    approved July 24, 1967, as amended;
9        (6) for research on equine disease, including a
10    development center therefor;
11        (7) for training scholarships for study on equine
12    diseases to students at the University of Illinois College
13    of Veterinary Medicine;
14        (8) for the rehabilitation, repair and maintenance of
15    the Illinois and DuQuoin State Fair Grounds and the
16    structures and facilities thereon and the construction of
17    permanent improvements on such Fair Grounds, including
18    such structures, facilities and property located on such
19    State Fair Grounds which are under the custody and control
20    of the Department of Agriculture;
21        (9) (blank);
22        (10) for the expenses of the Department of Commerce
23    and Economic Opportunity under Sections 605-620, 605-625,
24    and 605-630 of the Department of Commerce and Economic
25    Opportunity Law (20 ILCS 605/605-620, 605/605-625, and
26    605/605-630);

 

 

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1        (11) for remodeling, expanding, and reconstructing
2    facilities destroyed by fire of any Fair and Exposition
3    Authority in counties with a population of 1,000,000 or
4    more inhabitants;
5        (12) for the purpose of assisting in the care and
6    general rehabilitation of veterans with disabilities of
7    any war and their surviving spouses and orphans;
8        (13) for expenses of the Department of State Police
9    for duties performed under this Act;
10        (14) for the Department of Agriculture for soil
11    surveys and soil and water conservation purposes;
12        (15) for the Department of Agriculture for grants to
13    the City of Chicago for conducting the Chicagofest;
14        (16) for the State Comptroller for grants and
15    operating expenses authorized by the Illinois Global
16    Partnership Act.
17    (k) To the extent that monies paid by the Board to the
18Agricultural Premium Fund are in the opinion of the Governor
19in excess of the amount necessary for the purposes herein
20stated, the Governor shall notify the Comptroller and the
21State Treasurer of such fact, who, upon receipt of such
22notification, shall transfer such excess monies from the
23Agricultural Premium Fund to the General Revenue Fund.
24(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;
25100-110, eff. 8-15-17; 100-863, eff. 8-14-18.)
 

 

 

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1    Section 3-110. The Illinois Gambling Act is amended by
2changing Section 13 as follows:
 
3    (230 ILCS 10/13)  (from Ch. 120, par. 2413)
4    Sec. 13. Wagering tax; rate; distribution.
5    (a) Until January 1, 1998, a tax is imposed on the adjusted
6gross receipts received from gambling games authorized under
7this Act at the rate of 20%.
8    (a-1) From January 1, 1998 until July 1, 2002, a privilege
9tax is imposed on persons engaged in the business of
10conducting riverboat gambling operations, based on the
11adjusted gross receipts received by a licensed owner from
12gambling games authorized under this Act at the following
13rates:
14        15% of annual adjusted gross receipts up to and
15    including $25,000,000;
16        20% of annual adjusted gross receipts in excess of
17    $25,000,000 but not exceeding $50,000,000;
18        25% of annual adjusted gross receipts in excess of
19    $50,000,000 but not exceeding $75,000,000;
20        30% of annual adjusted gross receipts in excess of
21    $75,000,000 but not exceeding $100,000,000;
22        35% of annual adjusted gross receipts in excess of
23    $100,000,000.
24    (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
25is imposed on persons engaged in the business of conducting

 

 

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1riverboat gambling operations, other than licensed managers
2conducting riverboat gambling operations on behalf of the
3State, based on the adjusted gross receipts received by a
4licensed owner from gambling games authorized under this Act
5at the following rates:
6        15% of annual adjusted gross receipts up to and
7    including $25,000,000;
8        22.5% of annual adjusted gross receipts in excess of
9    $25,000,000 but not exceeding $50,000,000;
10        27.5% of annual adjusted gross receipts in excess of
11    $50,000,000 but not exceeding $75,000,000;
12        32.5% of annual adjusted gross receipts in excess of
13    $75,000,000 but not exceeding $100,000,000;
14        37.5% of annual adjusted gross receipts in excess of
15    $100,000,000 but not exceeding $150,000,000;
16        45% of annual adjusted gross receipts in excess of
17    $150,000,000 but not exceeding $200,000,000;
18        50% of annual adjusted gross receipts in excess of
19    $200,000,000.
20    (a-3) Beginning July 1, 2003, a privilege tax is imposed
21on persons engaged in the business of conducting riverboat
22gambling operations, other than licensed managers conducting
23riverboat gambling operations on behalf of the State, based on
24the adjusted gross receipts received by a licensed owner from
25gambling games authorized under this Act at the following
26rates:

 

 

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1        15% of annual adjusted gross receipts up to and
2    including $25,000,000;
3        27.5% of annual adjusted gross receipts in excess of
4    $25,000,000 but not exceeding $37,500,000;
5        32.5% of annual adjusted gross receipts in excess of
6    $37,500,000 but not exceeding $50,000,000;
7        37.5% of annual adjusted gross receipts in excess of
8    $50,000,000 but not exceeding $75,000,000;
9        45% of annual adjusted gross receipts in excess of
10    $75,000,000 but not exceeding $100,000,000;
11        50% of annual adjusted gross receipts in excess of
12    $100,000,000 but not exceeding $250,000,000;
13        70% of annual adjusted gross receipts in excess of
14    $250,000,000.
15    An amount equal to the amount of wagering taxes collected
16under this subsection (a-3) that are in addition to the amount
17of wagering taxes that would have been collected if the
18wagering tax rates under subsection (a-2) were in effect shall
19be paid into the Common School Fund.
20    The privilege tax imposed under this subsection (a-3)
21shall no longer be imposed beginning on the earlier of (i) July
221, 2005; (ii) the first date after June 20, 2003 that riverboat
23gambling operations are conducted pursuant to a dormant
24license; or (iii) the first day that riverboat gambling
25operations are conducted under the authority of an owners
26license that is in addition to the 10 owners licenses

 

 

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1initially authorized under this Act. For the purposes of this
2subsection (a-3), the term "dormant license" means an owners
3license that is authorized by this Act under which no
4riverboat gambling operations are being conducted on June 20,
52003.
6    (a-4) Beginning on the first day on which the tax imposed
7under subsection (a-3) is no longer imposed and ending upon
8the imposition of the privilege tax under subsection (a-5) of
9this Section, a privilege tax is imposed on persons engaged in
10the business of conducting gambling operations, other than
11licensed managers conducting riverboat gambling operations on
12behalf of the State, based on the adjusted gross receipts
13received by a licensed owner from gambling games authorized
14under this Act at the following rates:
15        15% of annual adjusted gross receipts up to and
16    including $25,000,000;
17        22.5% of annual adjusted gross receipts in excess of
18    $25,000,000 but not exceeding $50,000,000;
19        27.5% of annual adjusted gross receipts in excess of
20    $50,000,000 but not exceeding $75,000,000;
21        32.5% of annual adjusted gross receipts in excess of
22    $75,000,000 but not exceeding $100,000,000;
23        37.5% of annual adjusted gross receipts in excess of
24    $100,000,000 but not exceeding $150,000,000;
25        45% of annual adjusted gross receipts in excess of
26    $150,000,000 but not exceeding $200,000,000;

 

 

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

 

 

10200SB2017ham002- 178 -LRB102 16155 JWD 27453 a

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

 

 

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1slot machines, video game of chance gambling, and electronic
2gambling games shall be at the following rates:
3        12% of annual adjusted gross receipts up to and
4    including $25,000,000 to the State and 10.5% of annual
5    adjusted gross receipts up to and including $25,000,000 to
6    the City of Chicago;
7        16% of annual adjusted gross receipts in excess of
8    $25,000,000 but not exceeding $50,000,000 to the State and
9    14% of annual adjusted gross receipts in excess of
10    $25,000,000 but not exceeding $50,000,000 to the City of
11    Chicago;
12        20.1% of annual adjusted gross receipts in excess of
13    $50,000,000 but not exceeding $75,000,000 to the State and
14    17.4% of annual adjusted gross receipts in excess of
15    $50,000,000 but not exceeding $75,000,000 to the City of
16    Chicago;
17        21.4% of annual adjusted gross receipts in excess of
18    $75,000,000 but not exceeding $100,000,000 to the State
19    and 18.6% of annual adjusted gross receipts in excess of
20    $75,000,000 but not exceeding $100,000,000 to the City of
21    Chicago;
22        22.7% of annual adjusted gross receipts in excess of
23    $100,000,000 but not exceeding $150,000,000 to the State
24    and 19.8% of annual adjusted gross receipts in excess of
25    $100,000,000 but not exceeding $150,000,000 to the City of
26    Chicago;

 

 

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1        24.1% of annual adjusted gross receipts in excess of
2    $150,000,000 but not exceeding $225,000,000 to the State
3    and 20.9% of annual adjusted gross receipts in excess of
4    $150,000,000 but not exceeding $225,000,000 to the City of
5    Chicago;
6        26.8% of annual adjusted gross receipts in excess of
7    $225,000,000 but not exceeding $1,000,000,000 to the State
8    and 23.2% of annual adjusted gross receipts in excess of
9    $225,000,000 but not exceeding $1,000,000,000 to the City
10    of Chicago;
11        40% of annual adjusted gross receipts in excess of
12    $1,000,000,000 to the State and 34.7% of annual gross
13    receipts in excess of $1,000,000,000 to the City of
14    Chicago.
15    The privilege tax for table games shall be at the
16following rates:
17        8.1% of annual adjusted gross receipts up to and
18    including $25,000,000 to the State and 6.9% of annual
19    adjusted gross receipts up to and including $25,000,000 to
20    the City of Chicago;
21        10.7% of annual adjusted gross receipts in excess of
22    $25,000,000 but not exceeding $75,000,000 to the State and
23    9.3% of annual adjusted gross receipts in excess of
24    $25,000,000 but not exceeding $75,000,000 to the City of
25    Chicago;
26        11.2% of annual adjusted gross receipts in excess of

 

 

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1    $75,000,000 but not exceeding $175,000,000 to the State
2    and 9.8% of annual adjusted gross receipts in excess of
3    $75,000,000 but not exceeding $175,000,000 to the City of
4    Chicago;
5        13.5% of annual adjusted gross receipts in excess of
6    $175,000,000 but not exceeding $225,000,000 to the State
7    and 11.5% of annual adjusted gross receipts in excess of
8    $175,000,000 but not exceeding $225,000,000 to the City of
9    Chicago;
10        15.1% of annual adjusted gross receipts in excess of
11    $225,000,000 but not exceeding $275,000,000 to the State
12    and 12.9% of annual adjusted gross receipts in excess of
13    $225,000,000 but not exceeding $275,000,000 to the City of
14    Chicago;
15        16.2% of annual adjusted gross receipts in excess of
16    $275,000,000 but not exceeding $375,000,000 to the State
17    and 13.8% of annual adjusted gross receipts in excess of
18    $275,000,000 but not exceeding $375,000,000 to the City of
19    Chicago;
20        18.9% of annual adjusted gross receipts in excess of
21    $375,000,000 to the State and 16.1% of annual gross
22    receipts in excess of $375,000,000 to the City of Chicago.
23    For the imposition of the privilege tax in this subsection
24(a-5), amounts paid pursuant to item (1) of subsection (b) of
25Section 56 of the Illinois Horse Racing Act of 1975 shall not
26be included in the determination of adjusted gross receipts.

 

 

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1    Notwithstanding the provisions of this subsection (a-5),
2for the first 10 years that the privilege tax is imposed under
3this subsection (a-5), the privilege tax shall be imposed on
4the modified annual adjusted gross receipts of a riverboat or
5casino conducting gambling operations in the City of East St.
6Louis, unless:
7        (1) the riverboat or casino fails to employ at least
8    450 people;
9        (2) the riverboat or casino fails to maintain
10    operations in a manner consistent with this Act or is not a
11    viable riverboat or casino subject to the approval of the
12    Board; or
13        (3) the owners licensee is not an entity in which
14    employees participate in an employee stock ownership plan.
15    As used in this subsection (a-5), "modified annual
16adjusted gross receipts" means:
17        (A) for calendar year 2020, the annual adjusted gross
18    receipts for the current year minus the difference between
19    an amount equal to the average annual adjusted gross
20    receipts from a riverboat or casino conducting gambling
21    operations in the City of East St. Louis for 2014, 2015,
22    2016, 2017, and 2018 and the annual adjusted gross
23    receipts for 2018;
24        (B) for calendar year 2021, the annual adjusted gross
25    receipts for the current year minus the difference between
26    an amount equal to the average annual adjusted gross

 

 

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1    receipts from a riverboat or casino conducting gambling
2    operations in the City of East St. Louis for 2014, 2015,
3    2016, 2017, and 2018 and the annual adjusted gross
4    receipts for 2019; and
5        (C) for calendar years 2022 through 2029, the annual
6    adjusted gross receipts for the current year minus the
7    difference between an amount equal to the average annual
8    adjusted gross receipts from a riverboat or casino
9    conducting gambling operations in the City of East St.
10    Louis for 3 years preceding the current year and the
11    annual adjusted gross receipts for the immediately
12    preceding year.
13    (a-6) From June 28, 2019 (the effective date of Public Act
14101-31) until June 30, 2023, an owners licensee that conducted
15gambling operations prior to January 1, 2011 shall receive a
16dollar-for-dollar credit against the tax imposed under this
17Section for any renovation or construction costs paid by the
18owners licensee, but in no event shall the credit exceed
19$2,000,000.
20    Additionally, from June 28, 2019 (the effective date of
21Public Act 101-31) until December 31, 2022, an owners licensee
22that (i) is located within 15 miles of the Missouri border, and
23(ii) has at least 3 riverboats, casinos, or their equivalent
24within a 45-mile radius, may be authorized to relocate to a new
25location with the approval of both the unit of local
26government designated as the home dock and the Board, so long

 

 

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1as the new location is within the same unit of local government
2and no more than 3 miles away from its original location. Such
3owners licensee shall receive a credit against the tax imposed
4under this Section equal to 8% of the total project costs, as
5approved by the Board, for any renovation or construction
6costs paid by the owners licensee for the construction of the
7new facility, provided that the new facility is operational by
8July 1, 2022. In determining whether or not to approve a
9relocation, the Board must consider the extent to which the
10relocation will diminish the gaming revenues received by other
11Illinois gaming facilities.
12    (a-7) Beginning in the initial adjustment year and through
13the final adjustment year, if the total obligation imposed
14pursuant to either subsection (a-5) or (a-6) will result in an
15owners licensee receiving less after-tax adjusted gross
16receipts than it received in calendar year 2018, then the
17total amount of privilege taxes that the owners licensee is
18required to pay for that calendar year shall be reduced to the
19extent necessary so that the after-tax adjusted gross receipts
20in that calendar year equals the after-tax adjusted gross
21receipts in calendar year 2018, but the privilege tax
22reduction shall not exceed the annual adjustment cap. If
23pursuant to this subsection (a-7), the total obligation
24imposed pursuant to either subsection (a-5) or (a-6) shall be
25reduced, then the owners licensee shall not receive a refund
26from the State at the end of the subject calendar year but

 

 

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1instead shall be able to apply that amount as a credit against
2any payments it owes to the State in the following calendar
3year to satisfy its total obligation under either subsection
4(a-5) or (a-6). The credit for the final adjustment year shall
5occur in the calendar year following the final adjustment
6year.
7    If an owners licensee that conducted gambling operations
8prior to January 1, 2019 expands its riverboat or casino,
9including, but not limited to, with respect to its gaming
10floor, additional non-gaming amenities such as restaurants,
11bars, and hotels and other additional facilities, and incurs
12construction and other costs related to such expansion from
13June 28, 2019 (the effective date of Public Act 101-31) until
14June 28, 2024 (the 5th anniversary of the effective date of
15Public Act 101-31), then for each $15,000,000 spent for any
16such construction or other costs related to expansion paid by
17the owners licensee, the final adjustment year shall be
18extended by one year and the annual adjustment cap shall
19increase by 0.2% of adjusted gross receipts during each
20calendar year until and including the final adjustment year.
21No further modifications to the final adjustment year or
22annual adjustment cap shall be made after $75,000,000 is
23incurred in construction or other costs related to expansion
24so that the final adjustment year shall not extend beyond the
259th calendar year after the initial adjustment year, not
26including the initial adjustment year, and the annual

 

 

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1adjustment cap shall not exceed 4% of adjusted gross receipts
2in a particular calendar year. Construction and other costs
3related to expansion shall include all project related costs,
4including, but not limited to, all hard and soft costs,
5financing costs, on or off-site ground, road or utility work,
6cost of gaming equipment and all other personal property,
7initial fees assessed for each incremental gaming position,
8and the cost of incremental land acquired for such expansion.
9Soft costs shall include, but not be limited to, legal fees,
10architect, engineering and design costs, other consultant
11costs, insurance cost, permitting costs, and pre-opening costs
12related to the expansion, including, but not limited to, any
13of the following: marketing, real estate taxes, personnel,
14training, travel and out-of-pocket expenses, supply,
15inventory, and other costs, and any other project related soft
16costs.
17    To be eligible for the tax credits in subsection (a-6),
18all construction contracts shall include a requirement that
19the contractor enter into a project labor agreement with the
20building and construction trades council with geographic
21jurisdiction of the location of the proposed gaming facility.
22    Notwithstanding any other provision of this subsection
23(a-7), this subsection (a-7) does not apply to an owners
24licensee unless such owners licensee spends at least
25$15,000,000 on construction and other costs related to its
26expansion, excluding the initial fees assessed for each

 

 

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

 

 

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1in this subsection (a-7).
2    "Annual adjustment cap" means 3% of adjusted gross
3receipts in a particular calendar year, and as may be
4increased further as otherwise described in this subsection
5(a-7).
6    (a-8) Riverboat gambling operations conducted by a
7licensed manager on behalf of the State are not subject to the
8tax imposed under this Section.
9    (a-9) Beginning on January 1, 2020, the calculation of
10gross receipts or adjusted gross receipts, for the purposes of
11this Section, for a riverboat, a casino, or an organization
12gaming facility shall not include the dollar amount of
13non-cashable vouchers, coupons, and electronic promotions
14redeemed by wagerers upon the riverboat, in the casino, or in
15the organization gaming facility up to and including an amount
16not to exceed 20% of a riverboat's, a casino's, or an
17organization gaming facility's adjusted gross receipts.
18    The Illinois Gaming Board shall submit to the General
19Assembly a comprehensive report no later than March 31, 2023
20detailing, at a minimum, the effect of removing non-cashable
21vouchers, coupons, and electronic promotions from this
22calculation on net gaming revenues to the State in calendar
23years 2020 through 2022, the increase or reduction in wagerers
24as a result of removing non-cashable vouchers, coupons, and
25electronic promotions from this calculation, the effect of the
26tax rates in subsection (a-5) on net gaming revenues to this

 

 

10200SB2017ham002- 189 -LRB102 16155 JWD 27453 a

1State, and proposed modifications to the calculation.
2    (a-10) The taxes imposed by this Section shall be paid by
3the licensed owner or the organization gaming licensee to the
4Board not later than 5:00 o'clock p.m. of the day after the day
5when the wagers were made.
6    (a-15) If the privilege tax imposed under subsection (a-3)
7is no longer imposed pursuant to item (i) of the last paragraph
8of subsection (a-3), then by June 15 of each year, each owners
9licensee, other than an owners licensee that admitted
101,000,000 persons or fewer in calendar year 2004, must, in
11addition to the payment of all amounts otherwise due under
12this Section, pay to the Board a reconciliation payment in the
13amount, if any, by which the licensed owner's base amount
14exceeds the amount of net privilege tax paid by the licensed
15owner to the Board in the then current State fiscal year. A
16licensed owner's net privilege tax obligation due for the
17balance of the State fiscal year shall be reduced up to the
18total of the amount paid by the licensed owner in its June 15
19reconciliation payment. The obligation imposed by this
20subsection (a-15) is binding on any person, firm, corporation,
21or other entity that acquires an ownership interest in any
22such owners license. The obligation imposed under this
23subsection (a-15) terminates on the earliest of: (i) July 1,
242007, (ii) the first day after the effective date of this
25amendatory Act of the 94th General Assembly that riverboat
26gambling operations are conducted pursuant to a dormant

 

 

10200SB2017ham002- 190 -LRB102 16155 JWD 27453 a

1license, (iii) the first day that riverboat gambling
2operations are conducted under the authority of an owners
3license that is in addition to the 10 owners licenses
4initially authorized under this Act, or (iv) the first day
5that a licensee under the Illinois Horse Racing Act of 1975
6conducts gaming operations with slot machines or other
7electronic gaming devices. The Board must reduce the
8obligation imposed under this subsection (a-15) by an amount
9the Board deems reasonable for any of the following reasons:
10(A) an act or acts of God, (B) an act of bioterrorism or
11terrorism or a bioterrorism or terrorism threat that was
12investigated by a law enforcement agency, or (C) a condition
13beyond the control of the owners licensee that does not result
14from any act or omission by the owners licensee or any of its
15agents and that poses a hazardous threat to the health and
16safety of patrons. If an owners licensee pays an amount in
17excess of its liability under this Section, the Board shall
18apply the overpayment to future payments required under this
19Section.
20    For purposes of this subsection (a-15):
21    "Act of God" means an incident caused by the operation of
22an extraordinary force that cannot be foreseen, that cannot be
23avoided by the exercise of due care, and for which no person
24can be held liable.
25    "Base amount" means the following:
26        For a riverboat in Alton, $31,000,000.

 

 

10200SB2017ham002- 191 -LRB102 16155 JWD 27453 a

1        For a riverboat in East Peoria, $43,000,000.
2        For the Empress riverboat in Joliet, $86,000,000.
3        For a riverboat in Metropolis, $45,000,000.
4        For the Harrah's riverboat in Joliet, $114,000,000.
5        For a riverboat in Aurora, $86,000,000.
6        For a riverboat in East St. Louis, $48,500,000.
7        For a riverboat in Elgin, $198,000,000.
8    "Dormant license" has the meaning ascribed to it in
9subsection (a-3).
10    "Net privilege tax" means all privilege taxes paid by a
11licensed owner to the Board under this Section, less all
12payments made from the State Gaming Fund pursuant to
13subsection (b) of this Section.
14    The changes made to this subsection (a-15) by Public Act
1594-839 are intended to restate and clarify the intent of
16Public Act 94-673 with respect to the amount of the payments
17required to be made under this subsection by an owners
18licensee to the Board.
19    (b) From the tax revenue from riverboat or casino gambling
20deposited in the State Gaming Fund under this Section, an
21amount equal to 5% of adjusted gross receipts generated by a
22riverboat or a casino, other than a riverboat or casino
23designated in paragraph (1), (3), or (4) of subsection (e-5)
24of Section 7, shall be paid monthly, subject to appropriation
25by the General Assembly, to the unit of local government in
26which the casino is located or that is designated as the home

 

 

10200SB2017ham002- 192 -LRB102 16155 JWD 27453 a

1dock of the riverboat. Notwithstanding anything to the
2contrary, beginning on the first day that an owners licensee
3under paragraph (1), (2), (3), (4), (5), or (6) of subsection
4(e-5) of Section 7 conducts gambling operations, either in a
5temporary facility or a permanent facility, and for 2 years
6thereafter, a unit of local government designated as the home
7dock of a riverboat whose license was issued before January 1,
82019, other than a riverboat conducting gambling operations in
9the City of East St. Louis, shall not receive less under this
10subsection (b) than the amount the unit of local government
11received under this subsection (b) in calendar year 2018.
12Notwithstanding anything to the contrary and because the City
13of East St. Louis is a financially distressed city, beginning
14on the first day that an owners licensee under paragraph (1),
15(2), (3), (4), (5), or (6) of subsection (e-5) of Section 7
16conducts gambling operations, either in a temporary facility
17or a permanent facility, and for 10 years thereafter, a unit of
18local government designated as the home dock of a riverboat
19conducting gambling operations in the City of East St. Louis
20shall not receive less under this subsection (b) than the
21amount the unit of local government received under this
22subsection (b) in calendar year 2018.
23    From the tax revenue deposited in the State Gaming Fund
24pursuant to riverboat or casino gambling operations conducted
25by a licensed manager on behalf of the State, an amount equal
26to 5% of adjusted gross receipts generated pursuant to those

 

 

10200SB2017ham002- 193 -LRB102 16155 JWD 27453 a

1riverboat or casino gambling operations shall be paid monthly,
2subject to appropriation by the General Assembly, to the unit
3of local government that is designated as the home dock of the
4riverboat upon which those riverboat gambling operations are
5conducted or in which the casino is located.
6    From the tax revenue from riverboat or casino gambling
7deposited in the State Gaming Fund under this Section, an
8amount equal to 5% of the adjusted gross receipts generated by
9a riverboat designated in paragraph (3) of subsection (e-5) of
10Section 7 shall be divided and remitted monthly, subject to
11appropriation, as follows: 70% to Waukegan, 10% to Park City,
1215% to North Chicago, and 5% to Lake County.
13    From the tax revenue from riverboat or casino gambling
14deposited in the State Gaming Fund under this Section, an
15amount equal to 5% of the adjusted gross receipts generated by
16a riverboat designated in paragraph (4) of subsection (e-5) of
17Section 7 shall be remitted monthly, subject to appropriation,
18as follows: 70% to the City of Rockford, 5% to the City of
19Loves Park, 5% to the Village of Machesney, and 20% to
20Winnebago County.
21    From the tax revenue from riverboat or casino gambling
22deposited in the State Gaming Fund under this Section, an
23amount equal to 5% of the adjusted gross receipts generated by
24a riverboat designated in paragraph (5) of subsection (e-5) of
25Section 7 shall be remitted monthly, subject to appropriation,
26as follows: 2% to the unit of local government in which the

 

 

10200SB2017ham002- 194 -LRB102 16155 JWD 27453 a

1riverboat or casino is located, and 3% shall be distributed:
2(A) in accordance with a regional capital development plan
3entered into by the following communities: Village of Beecher,
4City of Blue Island, Village of Burnham, City of Calumet City,
5Village of Calumet Park, City of Chicago Heights, City of
6Country Club Hills, Village of Crestwood, Village of Crete,
7Village of Dixmoor, Village of Dolton, Village of East Hazel
8Crest, Village of Flossmoor, Village of Ford Heights, Village
9of Glenwood, City of Harvey, Village of Hazel Crest, Village
10of Homewood, Village of Lansing, Village of Lynwood, City of
11Markham, Village of Matteson, Village of Midlothian, Village
12of Monee, City of Oak Forest, Village of Olympia Fields,
13Village of Orland Hills, Village of Orland Park, City of Palos
14Heights, Village of Park Forest, Village of Phoenix, Village
15of Posen, Village of Richton Park, Village of Riverdale,
16Village of Robbins, Village of Sauk Village, Village of South
17Chicago Heights, Village of South Holland, Village of Steger,
18Village of Thornton, Village of Tinley Park, Village of
19University Park and Village of Worth; or (B) if no regional
20capital development plan exists, equally among the communities
21listed in item (A) to be used for capital expenditures or
22public pension payments, or both.
23    Units of local government may refund any portion of the
24payment that they receive pursuant to this subsection (b) to
25the riverboat or casino.
26    (b-4) Beginning on the first day the licensee under

 

 

10200SB2017ham002- 195 -LRB102 16155 JWD 27453 a

1paragraph (5) of subsection (e-5) of Section 7 conducts
2gambling operations, either in a temporary facility or a
3permanent facility, and ending on July 31, 2042, from the tax
4revenue deposited in the State Gaming Fund under this Section,
5$5,000,000 shall be paid annually, subject to appropriation,
6to the host municipality of that owners licensee of a license
7issued or re-issued pursuant to Section 7.1 of this Act before
8January 1, 2012. Payments received by the host municipality
9pursuant to this subsection (b-4) may not be shared with any
10other unit of local government.
11    (b-5) Beginning on June 28, 2019 (the effective date of
12Public Act 101-31), from the tax revenue deposited in the
13State Gaming Fund under this Section, an amount equal to 3% of
14adjusted gross receipts generated by each organization gaming
15facility located outside Madison County shall be paid monthly,
16subject to appropriation by the General Assembly, to a
17municipality other than the Village of Stickney in which each
18organization gaming facility is located or, if the
19organization gaming facility is not located within a
20municipality, to the county in which the organization gaming
21facility is located, except as otherwise provided in this
22Section. From the tax revenue deposited in the State Gaming
23Fund under this Section, an amount equal to 3% of adjusted
24gross receipts generated by an organization gaming facility
25located in the Village of Stickney shall be paid monthly,
26subject to appropriation by the General Assembly, as follows:

 

 

10200SB2017ham002- 196 -LRB102 16155 JWD 27453 a

125% to the Village of Stickney, 5% to the City of Berwyn, 50%
2to the Town of Cicero, and 20% to the Stickney Public Health
3District.
4    From the tax revenue deposited in the State Gaming Fund
5under this Section, an amount equal to 5% of adjusted gross
6receipts generated by an organization gaming facility located
7in the City of Collinsville shall be paid monthly, subject to
8appropriation by the General Assembly, as follows: 30% to the
9City of Alton, 30% to the City of East St. Louis, and 40% to
10the City of Collinsville.
11    Municipalities and counties may refund any portion of the
12payment that they receive pursuant to this subsection (b-5) to
13the organization gaming facility.
14    (b-6) Beginning on June 28, 2019 (the effective date of
15Public Act 101-31), from the tax revenue deposited in the
16State Gaming Fund under this Section, an amount equal to 2% of
17adjusted gross receipts generated by an organization gaming
18facility located outside Madison County shall be paid monthly,
19subject to appropriation by the General Assembly, to the
20county in which the organization gaming facility is located
21for the purposes of its criminal justice system or health care
22system.
23    Counties may refund any portion of the payment that they
24receive pursuant to this subsection (b-6) to the organization
25gaming facility.
26    (b-7) From the tax revenue from the organization gaming

 

 

10200SB2017ham002- 197 -LRB102 16155 JWD 27453 a

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

 

 

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1listed in item (A) to be used for capital expenditures or
2public pension payments, or both.
3    (b-8) In lieu of the payments under subsection (b) of this
4Section, from the tax revenue deposited in the State Gaming
5Fund pursuant to riverboat or casino gambling operations
6conducted by an owners licensee under paragraph (1) of
7subsection (e-5) of Section 7, an amount equal to the tax
8revenue generated from the privilege tax imposed by paragraph
9(2) of subsection (a-5) that is to be paid to the City of
10Chicago shall be paid monthly, subject to appropriation by the
11General Assembly, as follows: (1) an amount equal to 0.5% of
12the annual adjusted gross receipts generated by the owners
13licensee under paragraph (1) of subsection (e-5) of Section 7
14to the home rule county in which the owners licensee is located
15for the purpose of enhancing the county's criminal justice
16system; and (2) the balance to the City of Chicago and shall be
17expended or obligated by the City of Chicago for pension
18payments in accordance with Public Act 99-506.
19    (c) Appropriations, as approved by the General Assembly,
20may be made from the State Gaming Fund to the Board (i) for the
21administration and enforcement of this Act and the Video
22Gaming Act, (ii) for distribution to the Department of State
23Police and to the Department of Revenue for the enforcement of
24this Act and the Video Gaming Act, and (iii) to the Department
25of Human Services for the administration of programs to treat
26problem gambling, including problem gambling from sports

 

 

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

 

 

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1an amount equal to the amount paid into the Horse Racing Equity
2Fund pursuant to subsection (c-5) in the prior calendar year.
3    (c-15) After the payments required under subsections (b),
4(c), and (c-5) have been made, an amount equal to 2% of the
5adjusted gross receipts of (1) an owners licensee that
6relocates pursuant to Section 11.2, (2) an owners licensee
7conducting riverboat gambling operations pursuant to an owners
8license that is initially issued after June 25, 1999, or (3)
9the first riverboat gambling operations conducted by a
10licensed manager on behalf of the State under Section 7.3,
11whichever comes first, shall be paid, subject to appropriation
12from the General Assembly, from the State Gaming Fund to each
13home rule county with a population of over 3,000,000
14inhabitants for the purpose of enhancing the county's criminal
15justice system.
16    (c-20) Each year the General Assembly shall appropriate
17from the General Revenue Fund to the Education Assistance Fund
18an amount equal to the amount paid to each home rule county
19with a population of over 3,000,000 inhabitants pursuant to
20subsection (c-15) in the prior calendar year.
21    (c-21) After the payments required under subsections (b),
22(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have
23been made, an amount equal to 0.5% of the adjusted gross
24receipts generated by the owners licensee under paragraph (1)
25of subsection (e-5) of Section 7 shall be paid monthly,
26subject to appropriation from the General Assembly, from the

 

 

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1State Gaming Fund to the home rule county in which the owners
2licensee is located for the purpose of enhancing the county's
3criminal justice system.
4    (c-22) After the payments required under subsections (b),
5(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and
6(c-21) have been made, an amount equal to 2% of the adjusted
7gross receipts generated by the owners licensee under
8paragraph (5) of subsection (e-5) of Section 7 shall be paid,
9subject to appropriation from the General Assembly, from the
10State Gaming Fund to the home rule county in which the owners
11licensee is located for the purpose of enhancing the county's
12criminal justice system.
13    (c-25) From July 1, 2013 and each July 1 thereafter
14through July 1, 2019, $1,600,000 shall be transferred from the
15State Gaming Fund to the Chicago State University Education
16Improvement Fund.
17    On July 1, 2020 and each July 1 thereafter, $3,000,000
18shall be transferred from the State Gaming Fund to the Chicago
19State University Education Improvement Fund.
20    (c-30) On July 1, 2013 or as soon as possible thereafter,
21$92,000,000 shall be transferred from the State Gaming Fund to
22the School Infrastructure Fund and $23,000,000 shall be
23transferred from the State Gaming Fund to the Horse Racing
24Equity Fund.
25    (c-35) Beginning on July 1, 2013, in addition to any
26amount transferred under subsection (c-30) of this Section,

 

 

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1$5,530,000 shall be transferred monthly from the State Gaming
2Fund to the School Infrastructure Fund.
3    (d) From time to time, through June 30, 2021, the Board
4shall transfer the remainder of the funds generated by this
5Act into the Education Assistance Fund, created by Public Act
686-0018, of the State of Illinois.
7    (d-5) Beginning on July 1, 2021, on the last day of each
8month, or as soon thereafter as possible, after all the
9required expenditures, distributions and transfers have been
10made from the State Gaming Fund for the month pursuant to
11subsections (b) through (c-35), the Board shall transfer
12$22,500,000, along with any deficiencies in such amounts from
13prior months, from the State Gaming Fund to the Education
14Assistance Fund; then the Board shall transfer the remainder
15of the funds generated by this Act, if any, from the State
16Gaming Fund to the Capital Projects Fund.
17    (e) Nothing in this Act shall prohibit the unit of local
18government designated as the home dock of the riverboat from
19entering into agreements with other units of local government
20in this State or in other states to share its portion of the
21tax revenue.
22    (f) To the extent practicable, the Board shall administer
23and collect the wagering taxes imposed by this Section in a
24manner consistent with the provisions of Sections 4, 5, 5a,
255b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of
26the Retailers' Occupation Tax Act and Section 3-7 of the

 

 

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1Uniform Penalty and Interest Act.
2(Source: P.A. 101-31, Article 25, Section 25-910, eff.
36-28-19; 101-31, Article 35, Section 35-55, eff. 6-28-19;
4101-648, eff. 6-30-20.)
 
5    Section 3-115. The Sports Wagering Act is amended by
6changing Section 25-90 as follows:
 
7    (230 ILCS 45/25-90)
8    Sec. 25-90. Tax; Sports Wagering Fund.
9    (a) For the privilege of holding a license to operate
10sports wagering under this Act, this State shall impose and
11collect 15% of a master sports wagering licensee's adjusted
12gross sports wagering receipts from sports wagering. The
13accrual method of accounting shall be used for purposes of
14calculating the amount of the tax owed by the licensee.
15    The taxes levied and collected pursuant to this subsection
16(a) are due and payable to the Board no later than the last day
17of the month following the calendar month in which the
18adjusted gross sports wagering receipts were received and the
19tax obligation was accrued.
20    (a-5) In addition to the tax imposed under subsection (a)
21of this Section, for the privilege of holding a license to
22operate sports wagering under this Act, the State shall impose
23and collect 2% of the adjusted gross receipts from sports
24wagers that are placed within a home rule county with a

 

 

10200SB2017ham002- 204 -LRB102 16155 JWD 27453 a

1population of over 3,000,000 inhabitants, which shall be paid,
2subject to appropriation from the General Assembly, from the
3Sports Wagering Fund to that home rule county for the purpose
4of enhancing the county's criminal justice system.
5    (b) The Sports Wagering Fund is hereby created as special
6fund in the State treasury. Except as otherwise provided in
7this Act, all moneys collected under this Act by the Board
8shall be deposited into the Sports Wagering Fund. On the 25th
9of each month, any moneys remaining in the Sports Wagering
10Fund in excess of the anticipated monthly expenditures from
11the Fund through the next month, as certified by the Board to
12the State Comptroller, shall be transferred by the State
13Comptroller and the State Treasurer to the Capital Projects
14Fund.
15    (c) Beginning with July 2021, and on a monthly basis
16thereafter, the Board shall certify to the State Comptroller
17the amount of license fees collected in the month for initial
18licenses issued under this Act, except for occupational
19licenses. As soon after certification as practicable, the
20State Comptroller shall direct and the State Treasurer shall
21transfer the certified amount from the Sports Wagering Fund to
22the Rebuild Illinois Projects Fund.
23(Source: P.A. 101-31, eff. 6-28-19.)
 
24    Section 3-120. The Illinois Public Aid Code is amended by
25changing Sections 5-5.4, 12-10, and 12-10.3 and by adding

 

 

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1Sections 5-2.09 and 5-2.10 as follows:
 
2    (305 ILCS 5/5-2.09 new)
3    Sec. 5-2.09. Enhanced federal medical assistance
4percentage. In accordance with Section 9817 of the American
5Rescue Plan Act of 2021 (Pub. L. 117-2) and corresponding
6federal guidance, the Department of Healthcare and Family
7Services shall take appropriate actions to claim an enhanced
8federal medical assistance percentage (FMAP) provided by
9Section 9817 of the American Rescue Plan Act of 2021 with
10respect to expenditures under the State medical assistance
11program for home and community-based services from April 1,
122021 through March 31, 2022. The Department is authorized to
13use State funds equivalent to the amount of federal funds
14attributable to the increased federal medical assistance
15percentage under Section 9817 of the American Rescue Plan Act
16of 2021 to implement or supplement the implementation of
17activities to enhance, expand, or strengthen home and
18community based services under the State's medical assistance
19program to the extent permitted by and aligned with the goals
20of Section 9817 of the American Rescue Plan Act of 2021 through
21March 31, 2024 or any revised deadline established by the
22federal government. The use of such funds is subject to
23compliance with applicable federal requirements and federal
24approval, including the approval of any necessary State Plan
25Amendments, Waiver Amendments, or other federally required

 

 

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1documents or assurances.
2    The Department may adopt rules as necessary, including
3emergency rules as authorized by Section 5-45 of the Illinois
4Administrative Procedure Act, to implement the provisions of
5this Section.
 
6    (305 ILCS 5/5-2.10 new)
7    Sec. 5-2.10. Increased accountability for nursing
8facilities. The Department shall develop a plan for the
9revitalization of nursing homes licensed under the Nursing
10Home Care Act and shall report to the Governor and the General
11Assembly on a recommended course of action, including, but not
12limited to, the following:
13        (1) significantly increasing federal funds by
14    streamlining and raising the nursing home provider
15    assessment on occupied beds;
16        (2)improving payments through increased funding and
17    providing additional incentives for staffing, quality
18    metrics and infection control measures; and
19        (3)transitioning the methodologies for reimbursement
20    of nursing services as provided under this Article to the
21    Patient Driven Payment Model (PDPM) developed by the
22    federal Centers for Medicare and Medicaid Services.
23    No later than September 30, 2021, the Department shall
24submit a report to the Governor and the General Assembly,
25which outlines the steps taken by the Department, including

 

 

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1discussions with interested stakeholders and industry
2representatives, and recommendations for further action by the
3General Assembly to provide for accountability and to achieve
4the program objectives outlined in this Section, which shall
5require action by the General Assembly.
 
6    (305 ILCS 5/5-5.4)  (from Ch. 23, par. 5-5.4)
7    Sec. 5-5.4. Standards of Payment - Department of
8Healthcare and Family Services. The Department of Healthcare
9and Family Services shall develop standards of payment of
10nursing facility and ICF/DD services in facilities providing
11such services under this Article which:
12    (1) Provide for the determination of a facility's payment
13for nursing facility or ICF/DD services on a prospective
14basis. The amount of the payment rate for all nursing
15facilities certified by the Department of Public Health under
16the ID/DD Community Care Act or the Nursing Home Care Act as
17Intermediate Care for the Developmentally Disabled facilities,
18Long Term Care for Under Age 22 facilities, Skilled Nursing
19facilities, or Intermediate Care facilities under the medical
20assistance program shall be prospectively established annually
21on the basis of historical, financial, and statistical data
22reflecting actual costs from prior years, which shall be
23applied to the current rate year and updated for inflation,
24except that the capital cost element for newly constructed
25facilities shall be based upon projected budgets. The annually

 

 

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1established payment rate shall take effect on July 1 in 1984
2and subsequent years. No rate increase and no update for
3inflation shall be provided on or after July 1, 1994, unless
4specifically provided for in this Section. The changes made by
5Public Act 93-841 extending the duration of the prohibition
6against a rate increase or update for inflation are effective
7retroactive to July 1, 2004.
8    For facilities licensed by the Department of Public Health
9under the Nursing Home Care Act as Intermediate Care for the
10Developmentally Disabled facilities or Long Term Care for
11Under Age 22 facilities, the rates taking effect on July 1,
121998 shall include an increase of 3%. For facilities licensed
13by the Department of Public Health under the Nursing Home Care
14Act as Skilled Nursing facilities or Intermediate Care
15facilities, the rates taking effect on July 1, 1998 shall
16include an increase of 3% plus $1.10 per resident-day, as
17defined by the Department. For facilities licensed by the
18Department of Public Health under the Nursing Home Care Act as
19Intermediate Care Facilities for the Developmentally Disabled
20or Long Term Care for Under Age 22 facilities, the rates taking
21effect on January 1, 2006 shall include an increase of 3%. For
22facilities licensed by the Department of Public Health under
23the Nursing Home Care Act as Intermediate Care Facilities for
24the Developmentally Disabled or Long Term Care for Under Age
2522 facilities, the rates taking effect on January 1, 2009
26shall include an increase sufficient to provide a $0.50 per

 

 

10200SB2017ham002- 209 -LRB102 16155 JWD 27453 a

1hour wage increase for non-executive staff. For facilities
2licensed by the Department of Public Health under the ID/DD
3Community Care Act as ID/DD Facilities the rates taking effect
4within 30 days after July 6, 2017 (the effective date of Public
5Act 100-23) shall include an increase sufficient to provide a
6$0.75 per hour wage increase for non-executive staff. The
7Department shall adopt rules, including emergency rules under
8subsection (y) of Section 5-45 of the Illinois Administrative
9Procedure Act, to implement the provisions of this paragraph.
10For facilities licensed by the Department of Public Health
11under the ID/DD Community Care Act as ID/DD Facilities and
12under the MC/DD Act as MC/DD Facilities, the rates taking
13effect within 30 days after the effective date of this
14amendatory Act of the 100th General Assembly shall include an
15increase sufficient to provide a $0.50 per hour wage increase
16for non-executive front-line personnel, including, but not
17limited to, direct support persons, aides, front-line
18supervisors, qualified intellectual disabilities
19professionals, nurses, and non-administrative support staff.
20The Department shall adopt rules, including emergency rules
21under subsection (bb) of Section 5-45 of the Illinois
22Administrative Procedure Act, to implement the provisions of
23this paragraph.
24    For facilities licensed by the Department of Public Health
25under the Nursing Home Care Act as Intermediate Care for the
26Developmentally Disabled facilities or Long Term Care for

 

 

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1Under Age 22 facilities, the rates taking effect on July 1,
21999 shall include an increase of 1.6% plus $3.00 per
3resident-day, as defined by the Department. For facilities
4licensed by the Department of Public Health under the Nursing
5Home Care Act as Skilled Nursing facilities or Intermediate
6Care facilities, the rates taking effect on July 1, 1999 shall
7include an increase of 1.6% and, for services provided on or
8after October 1, 1999, shall be increased by $4.00 per
9resident-day, as defined by the Department.
10    For facilities licensed by the Department of Public Health
11under the Nursing Home Care Act as Intermediate Care for the
12Developmentally Disabled facilities or Long Term Care for
13Under Age 22 facilities, the rates taking effect on July 1,
142000 shall include an increase of 2.5% per resident-day, as
15defined by the Department. For facilities licensed by the
16Department of Public Health under the Nursing Home Care Act as
17Skilled Nursing facilities or Intermediate Care facilities,
18the rates taking effect on July 1, 2000 shall include an
19increase of 2.5% per resident-day, as defined by the
20Department.
21    For facilities licensed by the Department of Public Health
22under the Nursing Home Care Act as skilled nursing facilities
23or intermediate care facilities, a new payment methodology
24must be implemented for the nursing component of the rate
25effective July 1, 2003. The Department of Public Aid (now
26Healthcare and Family Services) shall develop the new payment

 

 

10200SB2017ham002- 211 -LRB102 16155 JWD 27453 a

1methodology using the Minimum Data Set (MDS) as the instrument
2to collect information concerning nursing home resident
3condition necessary to compute the rate. The Department shall
4develop the new payment methodology to meet the unique needs
5of Illinois nursing home residents while remaining subject to
6the appropriations provided by the General Assembly. A
7transition period from the payment methodology in effect on
8June 30, 2003 to the payment methodology in effect on July 1,
92003 shall be provided for a period not exceeding 3 years and
10184 days after implementation of the new payment methodology
11as follows:
12        (A) For a facility that would receive a lower nursing
13    component rate per patient day under the new system than
14    the facility received effective on the date immediately
15    preceding the date that the Department implements the new
16    payment methodology, the nursing component rate per
17    patient day for the facility shall be held at the level in
18    effect on the date immediately preceding the date that the
19    Department implements the new payment methodology until a
20    higher nursing component rate of reimbursement is achieved
21    by that facility.
22        (B) For a facility that would receive a higher nursing
23    component rate per patient day under the payment
24    methodology in effect on July 1, 2003 than the facility
25    received effective on the date immediately preceding the
26    date that the Department implements the new payment

 

 

10200SB2017ham002- 212 -LRB102 16155 JWD 27453 a

1    methodology, the nursing component rate per patient day
2    for the facility shall be adjusted.
3        (C) Notwithstanding paragraphs (A) and (B), the
4    nursing component rate per patient day for the facility
5    shall be adjusted subject to appropriations provided by
6    the General Assembly.
7    For facilities licensed by the Department of Public Health
8under the Nursing Home Care Act as Intermediate Care for the
9Developmentally Disabled facilities or Long Term Care for
10Under Age 22 facilities, the rates taking effect on March 1,
112001 shall include a statewide increase of 7.85%, as defined
12by the Department.
13    Notwithstanding any other provision of this Section, for
14facilities licensed by the Department of Public Health under
15the Nursing Home Care Act as skilled nursing facilities or
16intermediate care facilities, except facilities participating
17in the Department's demonstration program pursuant to the
18provisions of Title 77, Part 300, Subpart T of the Illinois
19Administrative Code, the numerator of the ratio used by the
20Department of Healthcare and Family Services to compute the
21rate payable under this Section using the Minimum Data Set
22(MDS) methodology shall incorporate the following annual
23amounts as the additional funds appropriated to the Department
24specifically to pay for rates based on the MDS nursing
25component methodology in excess of the funding in effect on
26December 31, 2006:

 

 

10200SB2017ham002- 213 -LRB102 16155 JWD 27453 a

1        (i) For rates taking effect January 1, 2007,
2    $60,000,000.
3        (ii) For rates taking effect January 1, 2008,
4    $110,000,000.
5        (iii) For rates taking effect January 1, 2009,
6    $194,000,000.
7        (iv) For rates taking effect April 1, 2011, or the
8    first day of the month that begins at least 45 days after
9    the effective date of this amendatory Act of the 96th
10    General Assembly, $416,500,000 or an amount as may be
11    necessary to complete the transition to the MDS
12    methodology for the nursing component of the rate.
13    Increased payments under this item (iv) are not due and
14    payable, however, until (i) the methodologies described in
15    this paragraph are approved by the federal government in
16    an appropriate State Plan amendment and (ii) the
17    assessment imposed by Section 5B-2 of this Code is
18    determined to be a permissible tax under Title XIX of the
19    Social Security Act.
20    Notwithstanding any other provision of this Section, for
21facilities licensed by the Department of Public Health under
22the Nursing Home Care Act as skilled nursing facilities or
23intermediate care facilities, the support component of the
24rates taking effect on January 1, 2008 shall be computed using
25the most recent cost reports on file with the Department of
26Healthcare and Family Services no later than April 1, 2005,

 

 

10200SB2017ham002- 214 -LRB102 16155 JWD 27453 a

1updated for inflation to January 1, 2006.
2    For facilities licensed by the Department of Public Health
3under the Nursing Home Care Act as Intermediate Care for the
4Developmentally Disabled facilities or Long Term Care for
5Under Age 22 facilities, the rates taking effect on April 1,
62002 shall include a statewide increase of 2.0%, as defined by
7the Department. This increase terminates on July 1, 2002;
8beginning July 1, 2002 these rates are reduced to the level of
9the rates in effect on March 31, 2002, as defined by the
10Department.
11    For facilities licensed by the Department of Public Health
12under the Nursing Home Care Act as skilled nursing facilities
13or intermediate care facilities, the rates taking effect on
14July 1, 2001 shall be computed using the most recent cost
15reports on file with the Department of Public Aid no later than
16April 1, 2000, updated for inflation to January 1, 2001. For
17rates effective July 1, 2001 only, rates shall be the greater
18of the rate computed for July 1, 2001 or the rate effective on
19June 30, 2001.
20    Notwithstanding any other provision of this Section, for
21facilities licensed by the Department of Public Health under
22the Nursing Home Care Act as skilled nursing facilities or
23intermediate care facilities, the Illinois Department shall
24determine by rule the rates taking effect on July 1, 2002,
25which shall be 5.9% less than the rates in effect on June 30,
262002.

 

 

10200SB2017ham002- 215 -LRB102 16155 JWD 27453 a

1    Notwithstanding any other provision of this Section, for
2facilities licensed by the Department of Public Health under
3the Nursing Home Care Act as skilled nursing facilities or
4intermediate care facilities, if the payment methodologies
5required under Section 5A-12 and the waiver granted under 42
6CFR 433.68 are approved by the United States Centers for
7Medicare and Medicaid Services, the rates taking effect on
8July 1, 2004 shall be 3.0% greater than the rates in effect on
9June 30, 2004. These rates shall take effect only upon
10approval and implementation of the payment methodologies
11required under Section 5A-12.
12    Notwithstanding any other provisions of this Section, for
13facilities licensed by the Department of Public Health under
14the Nursing Home Care Act as skilled nursing facilities or
15intermediate care facilities, the rates taking effect on
16January 1, 2005 shall be 3% more than the rates in effect on
17December 31, 2004.
18    Notwithstanding any other provision of this Section, for
19facilities licensed by the Department of Public Health under
20the Nursing Home Care Act as skilled nursing facilities or
21intermediate care facilities, effective January 1, 2009, the
22per diem support component of the rates effective on January
231, 2008, computed using the most recent cost reports on file
24with the Department of Healthcare and Family Services no later
25than April 1, 2005, updated for inflation to January 1, 2006,
26shall be increased to the amount that would have been derived

 

 

10200SB2017ham002- 216 -LRB102 16155 JWD 27453 a

1using standard Department of Healthcare and Family Services
2methods, procedures, and inflators.
3    Notwithstanding any other provisions of this Section, for
4facilities licensed by the Department of Public Health under
5the Nursing Home Care Act as intermediate care facilities that
6are federally defined as Institutions for Mental Disease, or
7facilities licensed by the Department of Public Health under
8the Specialized Mental Health Rehabilitation Act of 2013, a
9socio-development component rate equal to 6.6% of the
10facility's nursing component rate as of January 1, 2006 shall
11be established and paid effective July 1, 2006. The
12socio-development component of the rate shall be increased by
13a factor of 2.53 on the first day of the month that begins at
14least 45 days after January 11, 2008 (the effective date of
15Public Act 95-707). As of August 1, 2008, the
16socio-development component rate shall be equal to 6.6% of the
17facility's nursing component rate as of January 1, 2006,
18multiplied by a factor of 3.53. For services provided on or
19after April 1, 2011, or the first day of the month that begins
20at least 45 days after the effective date of this amendatory
21Act of the 96th General Assembly, whichever is later, the
22Illinois Department may by rule adjust these socio-development
23component rates, and may use different adjustment
24methodologies for those facilities participating, and those
25not participating, in the Illinois Department's demonstration
26program pursuant to the provisions of Title 77, Part 300,

 

 

10200SB2017ham002- 217 -LRB102 16155 JWD 27453 a

1Subpart T of the Illinois Administrative Code, but in no case
2may such rates be diminished below those in effect on August 1,
32008.
4    For facilities licensed by the Department of Public Health
5under the Nursing Home Care Act as Intermediate Care for the
6Developmentally Disabled facilities or as long-term care
7facilities for residents under 22 years of age, the rates
8taking effect on July 1, 2003 shall include a statewide
9increase of 4%, as defined by the Department.
10    For facilities licensed by the Department of Public Health
11under the Nursing Home Care Act as Intermediate Care for the
12Developmentally Disabled facilities or Long Term Care for
13Under Age 22 facilities, the rates taking effect on the first
14day of the month that begins at least 45 days after the
15effective date of this amendatory Act of the 95th General
16Assembly shall include a statewide increase of 2.5%, as
17defined by the Department.
18    Notwithstanding any other provision of this Section, for
19facilities licensed by the Department of Public Health under
20the Nursing Home Care Act as skilled nursing facilities or
21intermediate care facilities, effective January 1, 2005,
22facility rates shall be increased by the difference between
23(i) a facility's per diem property, liability, and malpractice
24insurance costs as reported in the cost report filed with the
25Department of Public Aid and used to establish rates effective
26July 1, 2001 and (ii) those same costs as reported in the

 

 

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1facility's 2002 cost report. These costs shall be passed
2through to the facility without caps or limitations, except
3for adjustments required under normal auditing procedures.
4    Rates established effective each July 1 shall govern
5payment for services rendered throughout that fiscal year,
6except that rates established on July 1, 1996 shall be
7increased by 6.8% for services provided on or after January 1,
81997. Such rates will be based upon the rates calculated for
9the year beginning July 1, 1990, and for subsequent years
10thereafter until June 30, 2001 shall be based on the facility
11cost reports for the facility fiscal year ending at any point
12in time during the previous calendar year, updated to the
13midpoint of the rate year. The cost report shall be on file
14with the Department no later than April 1 of the current rate
15year. Should the cost report not be on file by April 1, the
16Department shall base the rate on the latest cost report filed
17by each skilled care facility and intermediate care facility,
18updated to the midpoint of the current rate year. In
19determining rates for services rendered on and after July 1,
201985, fixed time shall not be computed at less than zero. The
21Department shall not make any alterations of regulations which
22would reduce any component of the Medicaid rate to a level
23below what that component would have been utilizing in the
24rate effective on July 1, 1984.
25    (2) Shall take into account the actual costs incurred by
26facilities in providing services for recipients of skilled

 

 

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1nursing and intermediate care services under the medical
2assistance program.
3    (3) Shall take into account the medical and psycho-social
4characteristics and needs of the patients.
5    (4) Shall take into account the actual costs incurred by
6facilities in meeting licensing and certification standards
7imposed and prescribed by the State of Illinois, any of its
8political subdivisions or municipalities and by the U.S.
9Department of Health and Human Services pursuant to Title XIX
10of the Social Security Act.
11    The Department of Healthcare and Family Services shall
12develop precise standards for payments to reimburse nursing
13facilities for any utilization of appropriate rehabilitative
14personnel for the provision of rehabilitative services which
15is authorized by federal regulations, including reimbursement
16for services provided by qualified therapists or qualified
17assistants, and which is in accordance with accepted
18professional practices. Reimbursement also may be made for
19utilization of other supportive personnel under appropriate
20supervision.
21    The Department shall develop enhanced payments to offset
22the additional costs incurred by a facility serving
23exceptional need residents and shall allocate at least
24$4,000,000 of the funds collected from the assessment
25established by Section 5B-2 of this Code for such payments.
26For the purpose of this Section, "exceptional needs" means,
<

 

 

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1but need not be limited to, ventilator care and traumatic
2brain injury care. The enhanced payments for exceptional need
3residents under this paragraph are not due and payable,
4however, until (i) the methodologies described in this