|
| | HB3817 Enrolled | | LRB103 30519 DTM 56952 b |
|
|
1 | | AN ACT concerning State government.
|
2 | | Be it enacted by the People of the State of Illinois,
|
3 | | represented in the General Assembly:
|
4 | | ARTICLE 1. |
5 | | Section 1-1. Short Title. This Act may be cited as the FY |
6 | | 2024 Budget Implementation Act. |
7 | | Section 1-5. Purpose. It is the purpose of this Act to make |
8 | | changes in State programs that are necessary to implement the |
9 | | State budget for Fiscal Year 2024. |
10 | | ARTICLE 3. |
11 | | Section 3-5. Short title. This Article may be cited as the |
12 | | Council of State Governments Act. As used in this Article, |
13 | | "this Act" refers to this Article. |
14 | | Section 3-10. Participation in Council of State |
15 | | Governments. The majority and minority leadership of the |
16 | | Senate and the House of Representatives, as well as members of |
17 | | appropriate legislative committees and commissions, as |
18 | | determined by such leadership, may annually attend appropriate |
19 | | meetings of the Council of State Governments as |
|
| | HB3817 Enrolled | - 2 - | LRB103 30519 DTM 56952 b |
|
|
1 | | representatives of the General Assembly of the State of |
2 | | Illinois and may pay such annual membership fee as may be |
3 | | required to maintain membership in that organization. |
4 | | ARTICLE 5. |
5 | | Section 5-5. The State Employees Group Insurance Act of |
6 | | 1971 is amended by changing Sections 6.9 and 6.10 as follows:
|
7 | | (5 ILCS 375/6.9)
|
8 | | Sec. 6.9. Health benefits for community college benefit |
9 | | recipients and
community college dependent beneficiaries. |
10 | | (a) Purpose. It is the purpose of this amendatory Act of |
11 | | 1997 to establish
a uniform program of health benefits for |
12 | | community college benefit recipients
and their dependent |
13 | | beneficiaries under the administration of the Department of
|
14 | | Central Management Services.
|
15 | | (b) Creation of program. Beginning July 1, 1999, the |
16 | | Department of
Central Management Services shall be responsible |
17 | | for administering a program of
health benefits for community |
18 | | college benefit recipients and community college
dependent |
19 | | beneficiaries under this Section. The State Universities |
20 | | Retirement
System and the boards of trustees of the various |
21 | | community college districts
shall cooperate with the |
22 | | Department in this endeavor.
|
23 | | (c) Eligibility. All community college benefit recipients |
|
| | HB3817 Enrolled | - 3 - | LRB103 30519 DTM 56952 b |
|
|
1 | | and community
college dependent beneficiaries shall be |
2 | | eligible to participate in the program
established under this |
3 | | Section, without any interruption or delay in coverage
or |
4 | | limitation as to pre-existing medical conditions. Eligibility |
5 | | to
participate shall be determined by the State Universities |
6 | | Retirement System.
Eligibility information shall be |
7 | | communicated to the Department of Central
Management Services |
8 | | in a format acceptable to the Department.
|
9 | | Eligible community college benefit recipients may enroll |
10 | | or re-enroll in the program of health benefits established |
11 | | under this Section during any applicable annual open |
12 | | enrollment period and as otherwise permitted by the Department |
13 | | of Central Management Services. A community college benefit |
14 | | recipient shall not be deemed ineligible to participate solely |
15 | | by reason of the community college benefit recipient having |
16 | | made a previous election to disenroll or otherwise not |
17 | | participate in the program of health benefits. |
18 | | (d) Coverage. The health benefit coverage provided under |
19 | | this Section
shall be a program of health, dental, and vision |
20 | | benefits.
|
21 | | The program of health benefits under this Section may |
22 | | include any or all of
the benefit limitations, including but |
23 | | not limited to a reduction in benefits
based on eligibility |
24 | | for federal Medicare benefits, that are provided under
|
25 | | subsection (a) of Section 6 of this Act for other health |
26 | | benefit programs under
this Act.
|
|
| | HB3817 Enrolled | - 4 - | LRB103 30519 DTM 56952 b |
|
|
1 | | (e) Insurance rates and premiums. The Director shall |
2 | | determine the
insurance rates and premiums for community |
3 | | college benefit recipients and
community college dependent |
4 | | beneficiaries and shall present to the State Universities |
5 | | Retirement System, by April 15 of each calendar year, the |
6 | | rate-setting methodology (including, but not limited to, |
7 | | utilization levels and costs) used to determine the insurance |
8 | | rates and premiums . Rates and premiums may be based
in part on |
9 | | age and eligibility for federal Medicare coverage.
The |
10 | | Director shall also determine premiums that will allow for the
|
11 | | establishment of an actuarially sound reserve for this |
12 | | program.
|
13 | | The cost of health benefits under the program shall be |
14 | | paid as follows:
|
15 | | (1) For a community college benefit recipient, up to |
16 | | 75% of the total
insurance rate shall be paid from the |
17 | | Community College Health Insurance
Security Fund.
|
18 | | (2) The balance of the rate of insurance, including |
19 | | the entire premium
for any coverage for community college |
20 | | dependent beneficiaries that has been
elected, shall be |
21 | | paid by deductions authorized by the community college
|
22 | | benefit recipient to be withheld from his or her monthly |
23 | | annuity or benefit
payment from the State Universities |
24 | | Retirement System; except that (i) if the
balance of the |
25 | | cost of coverage exceeds the amount of the monthly annuity |
26 | | or
benefit payment, the difference shall be paid directly |
|
| | HB3817 Enrolled | - 5 - | LRB103 30519 DTM 56952 b |
|
|
1 | | to the State
Universities Retirement System by the |
2 | | community college benefit recipient, and
(ii) all or part |
3 | | of the balance of the cost of coverage may, at the option |
4 | | of
the board of trustees of the community college |
5 | | district, be paid to
the State Universities Retirement |
6 | | System by the board of the community college
district from |
7 | | which the community college benefit recipient retired. The |
8 | | State
Universities Retirement System shall promptly |
9 | | deposit all moneys withheld by or
paid to it under this |
10 | | subdivision (e)(2) into the Community College Health
|
11 | | Insurance Security Fund. These moneys shall not be |
12 | | considered assets of the
State Universities Retirement |
13 | | System.
|
14 | | (f) Financing. All revenues arising from the |
15 | | administration of the health
benefit program established under |
16 | | this Section shall be deposited into the
Community College |
17 | | Health Insurance Security Fund, which is hereby created as a
|
18 | | nonappropriated trust fund to be held outside the State |
19 | | Treasury, with the
State Treasurer as custodian. Any interest |
20 | | earned on moneys in the Community
College Health Insurance |
21 | | Security Fund shall be deposited into the Fund.
|
22 | | Moneys in the Community College Health Insurance Security |
23 | | Fund shall be used
only to pay the costs of the health benefit |
24 | | program established under this
Section, including associated |
25 | | administrative costs and the establishment of a
program |
26 | | reserve. Beginning January 1, 1999,
the Department of Central |
|
| | HB3817 Enrolled | - 6 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Management Services may make expenditures from the
Community |
2 | | College Health Insurance Security Fund for those costs.
|
3 | | (g) Contract for benefits. The Director shall by contract, |
4 | | self-insurance,
or otherwise make available the program of |
5 | | health benefits for community
college benefit recipients and |
6 | | their community college dependent beneficiaries
that is |
7 | | provided for in this Section. The contract or other |
8 | | arrangement for
the provision of these health benefits shall |
9 | | be on terms deemed by the Director
to be in the best interest |
10 | | of the State of Illinois and the community college
benefit |
11 | | recipients based on, but not limited to, such criteria as
|
12 | | administrative cost, service capabilities of the carrier or |
13 | | other contractor,
and the costs of the benefits.
|
14 | | (h) Continuation of program. It is the intention of the |
15 | | General Assembly
that the program of health benefits provided |
16 | | under this Section be maintained
on an ongoing, affordable |
17 | | basis. The program of health benefits provided under
this |
18 | | Section may be amended by the State and is not intended to be a |
19 | | pension or
retirement benefit subject to protection under |
20 | | Article XIII, Section 5 of the
Illinois Constitution.
|
21 | | (i) Other health benefit plans. A health benefit plan |
22 | | provided by a
community college district (other than a |
23 | | community college district subject to
Article VII of the |
24 | | Public Community College Act) under the terms of a
collective |
25 | | bargaining agreement in effect on or prior to the effective |
26 | | date of
this amendatory Act of 1997 shall continue in force |
|
| | HB3817 Enrolled | - 7 - | LRB103 30519 DTM 56952 b |
|
|
1 | | according to the terms of
that agreement, unless otherwise |
2 | | mutually agreed by the parties to that
agreement and the |
3 | | affected retiree.
A community college benefit recipient or |
4 | | community college dependent
beneficiary whose coverage under |
5 | | such a plan expires shall be eligible to begin
participating |
6 | | in the program established under this Section without any
|
7 | | interruption or delay in coverage or limitation as to |
8 | | pre-existing medical
conditions.
|
9 | | This Act does not prohibit any community college district |
10 | | from offering
additional health benefits for its retirees or |
11 | | their dependents or survivors.
|
12 | | (j) Committee. A Community College Insurance Program |
13 | | Committee shall be established and shall consist of the |
14 | | following 7 members who are appointed by the Governor: 2 |
15 | | members who represent organized labor and are each members of |
16 | | different unions; one member who represents community college |
17 | | retirees; one member who represents community college |
18 | | trustees; one member who represents community college |
19 | | presidents; one member who represents the Illinois Community |
20 | | College Board; and one ex officio member who represents the |
21 | | State Universities Retirement System. The Department of |
22 | | Central Management Services shall provide administrative |
23 | | support to the Committee. The Committee shall convene at least |
24 | | 4 times each year and shall review and make recommendations on |
25 | | program contribution rates once the program is forecasted to |
26 | | have satisfied the outstanding program debt existing on June |
|
| | HB3817 Enrolled | - 8 - | LRB103 30519 DTM 56952 b |
|
|
1 | | 30, 2023 and is operating on a no-hold payment cycle. |
2 | | (Source: P.A. 100-1017, eff. 8-21-18.)
|
3 | | (5 ILCS 375/6.10)
|
4 | | Sec. 6.10. Contributions to the Community College Health |
5 | | Insurance
Security Fund. |
6 | | (a) Beginning January 1, 1999 and through June 30, 2023 , |
7 | | every active contributor of the State
Universities Retirement |
8 | | System (established under Article 15 of the Illinois
Pension |
9 | | Code) who (1) is a full-time employee of a community college |
10 | | district
(other than a community college district subject to |
11 | | Article VII of the Public
Community College Act)
or an |
12 | | association of community college boards and (2) is not an |
13 | | employee as
defined in Section 3 of this Act shall make |
14 | | contributions toward the cost of
community college annuitant |
15 | | and survivor health benefits at the rate of 0.50%
of salary. |
16 | | Beginning July 1, 2023 and through June 30, 2024, the |
17 | | contribution rate shall be 0.75% of salary. Beginning July 1, |
18 | | 2024 and through June 30, 2026, the contribution rate shall be |
19 | | a percentage of salary to be determined by the Department of |
20 | | Central Management Services, which in each fiscal year shall |
21 | | not exceed a 0.1 percentage point increase in the amount of |
22 | | salary actually required to be contributed for the previous |
23 | | fiscal year. Beginning July 1, 2026, the contribution rate |
24 | | shall be a percentage of salary to be determined by the |
25 | | Department of Central Management Services, which in each |
|
| | HB3817 Enrolled | - 9 - | LRB103 30519 DTM 56952 b |
|
|
1 | | fiscal year shall not exceed 105% of the percentage of salary |
2 | | actually required to be contributed for the previous fiscal |
3 | | year.
|
4 | | These contributions shall be deducted by the employer and |
5 | | paid to the State
Universities Retirement System as service |
6 | | agent for the Department of Central
Management Services. The |
7 | | System may use the same processes for collecting the
|
8 | | contributions required by this subsection that it uses to |
9 | | collect the
contributions received from those employees under |
10 | | Section 15-157 of the
Illinois Pension Code. An employer may |
11 | | agree to pick up or pay the
contributions required under this |
12 | | subsection on behalf of the employee;
such contributions shall |
13 | | be deemed to have been paid by the employee.
|
14 | | The State Universities Retirement System shall promptly |
15 | | deposit all moneys
collected under this subsection (a) into |
16 | | the Community College Health Insurance
Security Fund created |
17 | | in Section 6.9 of this Act. The moneys collected under
this |
18 | | Section shall be used only for the purposes authorized in |
19 | | Section 6.9 of
this Act and shall not be considered to be |
20 | | assets of the State Universities
Retirement System. |
21 | | Contributions made under this Section are not transferable
to |
22 | | other pension funds or retirement systems and are not |
23 | | refundable upon
termination of service.
|
24 | | (b) Beginning January 1, 1999 and through June 30, 2023 , |
25 | | every community college district
(other than a community |
26 | | college district subject to Article VII of the Public
|
|
| | HB3817 Enrolled | - 10 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Community College Act) or association
of community college |
2 | | boards that is an employer under the State Universities
|
3 | | Retirement System shall contribute toward the cost of the |
4 | | community college
health benefits provided under Section 6.9 |
5 | | of this Act an amount equal to 0.50%
of the salary paid to its |
6 | | full-time employees who participate in the State
Universities |
7 | | Retirement System and are not members as defined in Section 3 |
8 | | of
this Act. Beginning July 1, 2023 and through June 30, 2024, |
9 | | the contribution rate shall be 0.75% of the salary. Beginning |
10 | | July 1, 2024 and through June 30, 2026, the contribution rate |
11 | | shall be a percentage of salary to be determined by the |
12 | | Department of Central Management Services, which in each |
13 | | fiscal year shall not exceed a 0.1 percentage point increase |
14 | | in the amount of salary actually required to be contributed |
15 | | for the previous fiscal year. Beginning July 1, 2026, the |
16 | | contribution rate shall be a percentage of salary to be |
17 | | determined by the Department of Central Management Services, |
18 | | which in each fiscal year shall not exceed 105% of the |
19 | | percentage of salary actually required to be contributed for |
20 | | the previous fiscal year.
|
21 | | These contributions shall be paid by the employer to the |
22 | | State Universities
Retirement System as service agent for the |
23 | | Department of Central Management
Services. The System may use |
24 | | the same processes for collecting the
contributions required |
25 | | by this subsection that it uses to collect the
contributions |
26 | | received from those employers under Section 15-155 of the
|
|
| | HB3817 Enrolled | - 11 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Illinois Pension Code.
|
2 | | The State Universities Retirement System shall promptly |
3 | | deposit all moneys
collected under this subsection (b) into |
4 | | the Community College Health Insurance
Security Fund created |
5 | | in Section 6.9 of this Act. The moneys collected under
this |
6 | | Section shall be used only for the purposes authorized in |
7 | | Section 6.9 of
this Act and shall not be considered to be |
8 | | assets of the State Universities
Retirement System. |
9 | | Contributions made under this Section are not transferable
to |
10 | | other pension funds or retirement systems and are not |
11 | | refundable upon
termination of service.
|
12 | | The Department of Central Management Services, or any |
13 | | successor agency designated to procure healthcare contracts |
14 | | pursuant to this Act, is authorized to establish funds, |
15 | | separate accounts provided by any bank or banks as defined by |
16 | | the Illinois Banking Act, or separate accounts provided by any |
17 | | savings and loan association or associations as defined by the |
18 | | Illinois Savings and Loan Act of 1985 to be held by the |
19 | | Director, outside the State treasury, for the purpose of |
20 | | receiving the transfer of moneys from the Community College |
21 | | Health Insurance Security Fund. The Department may promulgate |
22 | | rules further defining the methodology for the transfers. Any |
23 | | interest earned by moneys in the funds or accounts shall inure |
24 | | to the Community College Health Insurance Security Fund. The |
25 | | transferred moneys, and interest accrued thereon, shall be |
26 | | used exclusively for transfers to administrative service |
|
| | HB3817 Enrolled | - 12 - | LRB103 30519 DTM 56952 b |
|
|
1 | | organizations or their financial institutions for payments of |
2 | | claims to claimants and providers under the self-insurance |
3 | | health plan. The transferred moneys, and interest accrued |
4 | | thereon, shall not be used for any other purpose including, |
5 | | but not limited to, reimbursement of administration fees due |
6 | | the administrative service organization pursuant to its |
7 | | contract or contracts with the Department.
|
8 | | (c) On or before November 15 of each year, the Board of |
9 | | Trustees of the
State Universities Retirement System shall |
10 | | certify to the Governor, the
Director of Central Management |
11 | | Services, and the State
Comptroller its estimate of the total |
12 | | amount of contributions to be paid under
subsection (a) of |
13 | | this Section for the next fiscal year. Beginning in fiscal |
14 | | year 2008, the amount certified shall be decreased or |
15 | | increased each year by the amount that the actual active |
16 | | employee contributions either fell short of or exceeded the |
17 | | estimate used by the Board in making the certification for the |
18 | | previous fiscal year. The State Universities Retirement System |
19 | | shall calculate the amount of actual active employee |
20 | | contributions in fiscal years 1999 through 2005. Based upon |
21 | | this calculation, the fiscal year 2008 certification shall |
22 | | include an amount equal to the cumulative amount that the |
23 | | actual active employee contributions either fell short of or |
24 | | exceeded the estimate used by the Board in making the |
25 | | certification for those fiscal years. The certification
shall |
26 | | include a detailed explanation of the methods and information |
|
| | HB3817 Enrolled | - 13 - | LRB103 30519 DTM 56952 b |
|
|
1 | | that the
Board relied upon in preparing its estimate. As soon |
2 | | as possible after the
effective date of this Section, the |
3 | | Board shall submit its estimate for fiscal
year 1999.
|
4 | | On or after the effective date of the changes made to this |
5 | | Section by this amendatory Act of the 103rd General Assembly, |
6 | | but no later than June 30, 2023, the Board shall recalculate |
7 | | and recertify to the Governor, the Director of Central |
8 | | Management Services, and the State Comptroller its estimate of |
9 | | the total amount of contributions to be paid under subsection |
10 | | (a) for State fiscal year 2024, taking into account the |
11 | | changes in required employee contributions made by this |
12 | | amendatory Act of the 103rd General Assembly. |
13 | | (d) Beginning in fiscal year 1999, on the first day of each |
14 | | month, or as
soon thereafter as may be practical, the State |
15 | | Treasurer and the State
Comptroller shall transfer from the |
16 | | General Revenue Fund to the Community
College Health Insurance |
17 | | Security Fund 1/12 of the annual amount appropriated
for that |
18 | | fiscal year to the State Comptroller for deposit into the |
19 | | Community
College Health Insurance Security Fund under Section |
20 | | 1.4 of the State Pension
Funds Continuing Appropriation Act.
|
21 | | (e) Except where otherwise specified in this Section, the |
22 | | definitions
that apply to Article 15 of the Illinois Pension |
23 | | Code apply to this Section.
|
24 | | (Source: P.A. 98-488, eff. 8-16-13 .)
|
25 | | Section 5-15. The State Treasurer Act is amended by |
|
| | HB3817 Enrolled | - 14 - | LRB103 30519 DTM 56952 b |
|
|
1 | | changing Section 16.8 as follows: |
2 | | (15 ILCS 505/16.8) |
3 | | Sec. 16.8. Illinois Higher Education Savings Program. |
4 | | (a) Definitions. As used in this Section: |
5 | | "Beneficiary" means an eligible child named as a recipient |
6 | | of seed funds. |
7 | | "Eligible child" means a child born or adopted after |
8 | | December 31, 2022, to a parent who is a resident of Illinois at |
9 | | the time of the birth or adoption, as evidenced by |
10 | | documentation received by the Treasurer from the Department of |
11 | | Revenue, the Department of Public Health, or another State or |
12 | | local government agency. |
13 | | "Eligible educational institution" means institutions that |
14 | | are described in Section 1001 of the federal Higher Education |
15 | | Act of 1965 that are eligible to participate in Department of |
16 | | Education student aid programs. |
17 | | "Fund" means the Illinois Higher Education Savings Program |
18 | | Fund. |
19 | | "Omnibus account" means the pooled collection of seed |
20 | | funds owned and managed by the State Treasurer in the College |
21 | | Savings Pool under this Act. |
22 | | "Program" means the Illinois Higher Education Savings |
23 | | Program. |
24 | | "Qualified higher education expense" means the following: |
25 | | (i) tuition, fees, and the costs of books, supplies, and |
|
| | HB3817 Enrolled | - 15 - | LRB103 30519 DTM 56952 b |
|
|
1 | | equipment required for enrollment or attendance at an eligible |
2 | | educational institution; (ii) expenses for special needs |
3 | | services, in the case of a special needs beneficiary, which |
4 | | are incurred in connection with such enrollment or attendance; |
5 | | (iii) certain expenses for the purchase of computer or |
6 | | peripheral equipment, computer software, or Internet access |
7 | | and related services as defined under Section 529 of the |
8 | | Internal Revenue Code; (iv) room and board expenses incurred |
9 | | while attending an eligible educational institution at least |
10 | | half-time; (v) expenses for fees, books, supplies, and |
11 | | equipment required for the participation of a designated |
12 | | beneficiary in an apprenticeship program registered and |
13 | | certified with the Secretary of Labor under the National |
14 | | Apprenticeship Act (29 U.S.C. 50); and (vi) amounts paid as |
15 | | principal or interest on any qualified education loan of the |
16 | | designated beneficiary or a sibling of the designated |
17 | | beneficiary, as allowed under Section 529 of the Internal |
18 | | Revenue Code. |
19 | | "Seed funds" means the deposit made by the State Treasurer |
20 | | into the Omnibus Accounts for Program beneficiaries. |
21 | | (b) Program established. The State Treasurer shall |
22 | | establish the Illinois Higher Education Savings Program as a |
23 | | part of the College Savings Pool under Section 16.5 of this |
24 | | Act, subject to appropriation by the General Assembly. The |
25 | | State Treasurer shall administer the Program for the purposes |
26 | | of expanding access to higher education through savings. |
|
| | HB3817 Enrolled | - 16 - | LRB103 30519 DTM 56952 b |
|
|
1 | | (c) Program enrollment. The State Treasurer shall enroll |
2 | | all eligible children in the Program beginning in 2023, after |
3 | | receiving records of recent births, adoptions, or dependents |
4 | | from the Department of Revenue, the Department of Public |
5 | | Health, or another State or local government agency designated |
6 | | by the Treasurer. Notwithstanding any court order which would |
7 | | otherwise prevent the release of information, the Department |
8 | | of Public Health is authorized to release the information |
9 | | specified under this subsection (c) to the State Treasurer for |
10 | | the purposes of the Program established under this Section. |
11 | | (1) Beginning in 2021, the Department of Public Health |
12 | | shall provide the State Treasurer with information on |
13 | | recent Illinois births and adoptions including, but not |
14 | | limited to: the full name, residential address, birth |
15 | | date, and birth record number of the child and the full |
16 | | name and residential address of the child's parent or |
17 | | legal guardian for the purpose of enrolling eligible |
18 | | children in the Program. This data shall be provided to |
19 | | the State Treasurer by the Department of Public Health on |
20 | | a quarterly basis, no later than 30 days after the end of |
21 | | each quarter, or some other date and frequency as mutually |
22 | | agreed to by the State Treasurer and the Department of |
23 | | Public Health. |
24 | | (1.5) Beginning in 2021, the Department of Revenue |
25 | | shall provide the State Treasurer with information on tax |
26 | | filers claiming dependents or the adoption tax credit |
|
| | HB3817 Enrolled | - 17 - | LRB103 30519 DTM 56952 b |
|
|
1 | | including, but not limited to: the full name, residential |
2 | | address, email address, phone number, birth date, and |
3 | | social security number or taxpayer identification number |
4 | | of the dependent child and of the child's parent or legal |
5 | | guardian for the purpose of enrolling eligible children in |
6 | | the Program. This data shall be provided to the State |
7 | | Treasurer by the Department of Revenue on at least an |
8 | | annual basis, by July 1 of each year or another date |
9 | | jointly determined by the State Treasurer and the |
10 | | Department of Revenue. Notwithstanding anything to the |
11 | | contrary contained within this paragraph (2), the |
12 | | Department of Revenue shall not be required to share any |
13 | | information that would be contrary to federal law, |
14 | | regulation, or Internal Revenue Service Publication 1075. |
15 | | (2) The State Treasurer shall ensure the security and |
16 | | confidentiality of the information provided by the |
17 | | Department of Revenue, the Department of Public Health, or |
18 | | another State or local government agency, and it shall not |
19 | | be subject to release under the Freedom of Information |
20 | | Act. |
21 | | (3) Information provided under this Section shall only |
22 | | be used by the State Treasurer for the Program and shall |
23 | | not be used for any other purpose. |
24 | | (4) The State Treasurer and any vendors working on the |
25 | | Program shall maintain strict confidentiality of any |
26 | | information provided under this Section, and shall |
|
| | HB3817 Enrolled | - 18 - | LRB103 30519 DTM 56952 b |
|
|
1 | | promptly provide written or electronic notice to the |
2 | | providing agency of any security breach. The providing |
3 | | State or local government agency shall remain the sole and |
4 | | exclusive owner of information provided under this |
5 | | Section. |
6 | | (d) Seed funds. After receiving information on recent |
7 | | births, adoptions, or dependents from the Department of |
8 | | Revenue, the Department of Public Health, or another State or |
9 | | local government agency, the State Treasurer shall make |
10 | | deposits into an omnibus account on behalf of eligible |
11 | | children. The State Treasurer shall be the owner of the |
12 | | omnibus accounts. |
13 | | (1) Deposit amount. The seed fund deposit for each |
14 | | eligible child shall be in the amount of $50. This amount |
15 | | may be increased by the State Treasurer by rule. The State |
16 | | Treasurer may use or deposit funds appropriated by the |
17 | | General Assembly together with moneys received as gifts, |
18 | | grants, or contributions into the Fund. If insufficient |
19 | | funds are available in the Fund, the State Treasurer may |
20 | | reduce the deposit amount or forego deposits. |
21 | | (2) Use of seed funds. Seed funds, including any |
22 | | interest, dividends, and other earnings accrued, will be |
23 | | eligible for use by a beneficiary for qualified higher |
24 | | education expenses if: |
25 | | (A) the parent or guardian of the eligible child |
26 | | claimed the seed funds for the beneficiary by the |
|
| | HB3817 Enrolled | - 19 - | LRB103 30519 DTM 56952 b |
|
|
1 | | beneficiary's 10th birthday; |
2 | | (B) the beneficiary has completed secondary |
3 | | education or has reached the age of 18; and |
4 | | (C) the beneficiary is currently a resident of the |
5 | | State of Illinois. Non-residents are not eligible to |
6 | | claim or use seed funds. |
7 | | (3) Notice of seed fund availability. The State |
8 | | Treasurer shall make a good faith effort to notify |
9 | | beneficiaries and their parents or legal guardians of the |
10 | | seed funds' availability and the deadline to claim such |
11 | | funds. |
12 | | (4) Unclaimed seed funds. Seed funds and any interest |
13 | | earnings that are unclaimed by the beneficiary's 10th |
14 | | birthday or unused by the beneficiary's 26th birthday will |
15 | | be considered forfeited. Unclaimed and unused seed funds |
16 | | and any interest earnings will remain in the omnibus |
17 | | account for future beneficiaries. |
18 | | (e) Financial education. The State Treasurer may develop |
19 | | educational materials that support the financial literacy of |
20 | | beneficiaries and their legal guardians, and may do so in |
21 | | collaboration with State and federal agencies, including, but |
22 | | not limited to, the Illinois State Board of Education and |
23 | | existing nonprofit agencies with expertise in financial |
24 | | literacy and education. |
25 | | (f) Supplementary deposits and partnerships. The State |
26 | | Treasurer may make supplementary deposits to children in |
|
| | HB3817 Enrolled | - 20 - | LRB103 30519 DTM 56952 b |
|
|
1 | | financially insecure households if sufficient funds are |
2 | | available. Furthermore, the State Treasurer may develop |
3 | | partnerships with private, nonprofit, or governmental |
4 | | organizations to provide additional savings incentives, |
5 | | including conditional cash transfers or matching contributions |
6 | | that provide a savings incentive based on specific actions |
7 | | taken or other criteria. |
8 | | (g) Illinois Higher Education Savings Program Fund. The |
9 | | Illinois Higher Education Savings Program Fund is hereby |
10 | | established as a special fund in the State treasury. The Fund |
11 | | shall be the official repository of all contributions, |
12 | | appropriated funds, interest, and dividend payments, gifts, or |
13 | | other financial assets received by the State Treasurer in |
14 | | connection with the operation of the Program or related |
15 | | partnerships. All such moneys shall be deposited into in the |
16 | | Fund and held by the State Treasurer as custodian thereof. The |
17 | | State Treasurer may accept gifts, grants, awards, matching |
18 | | contributions, interest income, and appropriated funds from |
19 | | individuals, businesses, governments, and other third-party |
20 | | sources to implement the Program on terms that the Treasurer |
21 | | deems advisable. All interest or other earnings accruing or |
22 | | received on amounts in the Illinois Higher Education Savings |
23 | | Program Fund shall be credited to and retained by the Fund and |
24 | | used for the benefit of the Program. Assets of the Fund must at |
25 | | all times be preserved, invested, and expended only for the |
26 | | purposes of the Program and must be held for the benefit of the |
|
| | HB3817 Enrolled | - 21 - | LRB103 30519 DTM 56952 b |
|
|
1 | | beneficiaries. Assets may not be transferred or used by the |
2 | | State or the State Treasurer for any purposes other than the |
3 | | purposes of the Program. In addition, no moneys, interest, or |
4 | | other earnings paid into the Fund shall be used, temporarily |
5 | | or otherwise, for inter-fund borrowing or be otherwise used or |
6 | | appropriated except as expressly authorized by this Act. |
7 | | Notwithstanding the requirements of this subsection (g), |
8 | | amounts in the Fund may be used by the State Treasurer to pay |
9 | | the administrative costs of the Program. |
10 | | (g-5) Fund deposits and payments. On July 15 of each year, |
11 | | beginning July 15, 2023, or as soon thereafter as practical, |
12 | | the State Comptroller shall direct and the State Treasurer |
13 | | shall transfer the sum of $2,500,000, or the amount that is |
14 | | appropriated annually by the General Assembly, whichever is |
15 | | greater, from the General Revenue Fund to the Illinois Higher |
16 | | Education Savings Program Fund to be used for the |
17 | | administration and operation of the Program. |
18 | | (h) Audits and reports. The State Treasurer shall include |
19 | | the Illinois Higher Education Savings Program as part of the |
20 | | audit of the College Savings Pool described in Section 16.5. |
21 | | The State Treasurer shall annually prepare a report that |
22 | | includes a summary of the Program operations for the preceding |
23 | | fiscal year, including the number of children enrolled in the |
24 | | Program, the total amount of seed fund deposits, the rate of |
25 | | seed deposits claimed, and, to the extent data is reported and |
26 | | available, the racial, ethnic, socioeconomic, and geographic |
|
| | HB3817 Enrolled | - 22 - | LRB103 30519 DTM 56952 b |
|
|
1 | | data of beneficiaries and of children in financially insecure |
2 | | households who may receive automatic bonus deposits. Such |
3 | | other information that is relevant to make a full disclosure |
4 | | of the operations of the Program and Fund may also be reported. |
5 | | The report shall be made available on the Treasurer's website |
6 | | by January 31 each year, starting in January of 2024. The State |
7 | | Treasurer may include the Program in other reports as |
8 | | warranted. |
9 | | (i) Rules. The State Treasurer may adopt rules necessary |
10 | | to implement this Section.
|
11 | | (Source: P.A. 101-466, eff. 1-1-20; 102-129, eff. 7-23-21; |
12 | | 102-558, eff. 8-20-21; 102-1047, eff. 1-1-23 .) |
13 | | Section 5-16. The Community Development Loan Guarantee Act |
14 | | is amended by changing Section 30-35 and by adding Section |
15 | | 30-36 as follows: |
16 | | (15 ILCS 516/30-35)
|
17 | | Sec. 30-35. Limitations on funding. The State Treasurer |
18 | | may allocate use up to $10,000,000 of investment earnings each |
19 | | year for the Loan Guarantee Program, provided that no more |
20 | | than $50,000,000 may be used for guaranteeing loans at any |
21 | | given time. The State Treasurer shall make the allocation to |
22 | | the Loan Guarantee Administrative Trust Fund prior to |
23 | | allocating interest from the gross earnings of the State |
24 | | investment portfolio.
|
|
| | HB3817 Enrolled | - 23 - | LRB103 30519 DTM 56952 b |
|
|
1 | | (Source: P.A. 101-657, eff. 3-23-21.) |
2 | | (15 ILCS 516/30-36 new) |
3 | | Sec. 30-36. Loan Guarantee Administrative Trust Fund. The |
4 | | Loan Guarantee Administrative Trust Fund is created as a |
5 | | nonappropriated trust fund within the State treasury. Moneys |
6 | | in the Fund may be used by the State Treasurer to guarantee |
7 | | loans and to cover administrative expenses related to the |
8 | | Program. The Fund may receive any grants or other moneys |
9 | | designated for administrative purposes from the State, from |
10 | | any unit of federal, State, or local government, or from any |
11 | | other person, firm, partnership, or corporation. |
12 | | Section 5-17. The Substance Use Disorder Act is amended by |
13 | | changing Section 5-10 as follows:
|
14 | | (20 ILCS 301/5-10)
|
15 | | Sec. 5-10. Functions of the Department.
|
16 | | (a) In addition to the powers, duties and functions vested |
17 | | in the Department
by this Act, or by other laws of this State, |
18 | | the Department shall carry out the
following activities:
|
19 | | (1) Design, coordinate and fund comprehensive
|
20 | | community-based and culturally and gender-appropriate |
21 | | services
throughout the State. These services must include
|
22 | | prevention, early intervention, treatment, and other
|
23 | | recovery support services for substance use disorders that
|
|
| | HB3817 Enrolled | - 24 - | LRB103 30519 DTM 56952 b |
|
|
1 | | are accessible and address addresses the needs of at-risk
|
2 | | individuals and their families.
|
3 | | (2) Act as the exclusive State agency to accept, |
4 | | receive and expend,
pursuant to appropriation, any public |
5 | | or private monies, grants or services,
including those |
6 | | received from the federal government or from other State
|
7 | | agencies, for the purpose of providing prevention, early
|
8 | | intervention, treatment, and other recovery support
|
9 | | services for substance use disorders.
|
10 | | (2.5) In partnership with the Department of Healthcare |
11 | | and Family Services, act as one of the principal State |
12 | | agencies for the sole purpose of calculating the |
13 | | maintenance of effort requirement under Section 1930 of |
14 | | Title XIX, Part B, Subpart II of the Public Health Service |
15 | | Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR |
16 | | 96.134). |
17 | | (3) Coordinate a statewide strategy for the
|
18 | | prevention, early intervention,
treatment, and recovery |
19 | | support of substance use
disorders. This strategy shall |
20 | | include the development of a
comprehensive plan, submitted |
21 | | annually with the
application for federal substance use |
22 | | disorder block grant
funding, for the provision of an |
23 | | array of such services. The plan shall be based on local |
24 | | community-based needs and upon
data including, but not |
25 | | limited to, that which defines the prevalence of and
costs |
26 | | associated with substance use
disorders.
This |
|
| | HB3817 Enrolled | - 25 - | LRB103 30519 DTM 56952 b |
|
|
1 | | comprehensive plan shall include identification of |
2 | | problems, needs,
priorities, services and other pertinent |
3 | | information, including the needs of
minorities and other |
4 | | specific priority populations in the State, and shall |
5 | | describe how
the identified problems and needs will be |
6 | | addressed. For purposes of this
paragraph, the term |
7 | | "minorities and other specific priority populations" may |
8 | | include,
but shall not be limited to, groups such as |
9 | | women, children, intravenous drug
users, persons with AIDS |
10 | | or who are HIV infected, veterans, African-Americans, |
11 | | Puerto
Ricans, Hispanics, Asian Americans, the elderly, |
12 | | persons in the criminal
justice system, persons who are |
13 | | clients of services provided by other State
agencies, |
14 | | persons with disabilities and such other specific |
15 | | populations as the
Department may from time to time |
16 | | identify. In developing the plan, the
Department shall |
17 | | seek input from providers, parent groups, associations and
|
18 | | interested citizens.
|
19 | | The plan
developed under this Section shall include an |
20 | | explanation of the rationale to
be used in ensuring that |
21 | | funding shall be based upon local community needs,
|
22 | | including, but not limited to, the incidence and |
23 | | prevalence of, and costs
associated with, substance use
|
24 | | disorders, as
well as upon demonstrated program |
25 | | performance.
|
26 | | The plan developed under this Section shall
also |
|
| | HB3817 Enrolled | - 26 - | LRB103 30519 DTM 56952 b |
|
|
1 | | contain a report detailing the activities of and progress |
2 | | made through services for the
care and treatment of |
3 | | substance use disorders among
pregnant women and mothers |
4 | | and their children established
under subsection (j) of |
5 | | Section 35-5.
|
6 | | As applicable, the plan developed under this Section
|
7 | | shall also include information about funding by other |
8 | | State
agencies for prevention, early intervention, |
9 | | treatment,
and other recovery support services.
|
10 | | (4) Lead, foster and develop cooperation, coordination |
11 | | and agreements
among federal and State governmental |
12 | | agencies and local providers that provide
assistance, |
13 | | services, funding or other functions, peripheral or |
14 | | direct, in the
prevention, early intervention, treatment,
|
15 | | and recovery support for substance use disorders. This |
16 | | shall include, but shall not be limited to,
the following:
|
17 | | (A) Cooperate with and assist other State
|
18 | | agencies, as applicable, in establishing and
|
19 | | conducting substance use disorder services among the
|
20 | | populations they respectively serve.
|
21 | | (B) Cooperate with and assist the Illinois |
22 | | Department of Public Health
in the establishment, |
23 | | funding and support of programs and services for the
|
24 | | promotion of maternal and child health and the |
25 | | prevention and treatment of
infectious diseases, |
26 | | including but not limited to HIV infection, especially
|
|
| | HB3817 Enrolled | - 27 - | LRB103 30519 DTM 56952 b |
|
|
1 | | with respect to those persons who are high risk due to
|
2 | | intravenous injection of illegal drugs, or who may |
3 | | have
been sexual partners of these individuals, or who |
4 | | may
have impaired immune systems as a result of a
|
5 | | substance use disorder.
|
6 | | (C) Supply to the Department of Public Health and |
7 | | prenatal care
providers a list of all providers who |
8 | | are
licensed to provide substance use disorder |
9 | | treatment
for pregnant women in this State.
|
10 | | (D) Assist in the placement of child abuse or |
11 | | neglect perpetrators
(identified by the Illinois |
12 | | Department of Children and Family Services (DCFS)) who
|
13 | | have been determined to be in need of substance use
|
14 | | disorder treatment
pursuant to Section 8.2 of the |
15 | | Abused and Neglected Child Reporting Act.
|
16 | | (E) Cooperate with and assist DCFS in carrying out |
17 | | its mandates to:
|
18 | | (i) identify substance use disorders among its |
19 | | clients and
their families; and
|
20 | | (ii) develop services to deal with such |
21 | | disorders.
|
22 | | These services may include, but shall not be limited |
23 | | to,
programs to prevent or treat substance
use |
24 | | disorders with DCFS clients and their families,
|
25 | | identifying child care needs within such treatment, |
26 | | and assistance with other
issues as required.
|
|
| | HB3817 Enrolled | - 28 - | LRB103 30519 DTM 56952 b |
|
|
1 | | (F) Cooperate with and assist the Illinois |
2 | | Criminal Justice Information
Authority with respect to |
3 | | statistical and other information concerning the |
4 | | incidence and prevalence of substance use
disorders.
|
5 | | (G) Cooperate with and assist the State |
6 | | Superintendent of Education,
boards of education, |
7 | | schools, police departments, the Illinois State |
8 | | Police, courts and other public and private agencies |
9 | | and individuals in
establishing prevention programs |
10 | | statewide and preparing curriculum materials
for use |
11 | | at all levels of education.
|
12 | | (H) Cooperate with and assist the Illinois |
13 | | Department of Healthcare and Family Services in
the |
14 | | development and provision of services offered to |
15 | | recipients of public
assistance for the treatment and |
16 | | prevention of substance use disorders.
|
17 | | (I) (Blank).
|
18 | | (5) From monies appropriated to the Department from |
19 | | the Drunk and Drugged
Driving Prevention Fund, reimburse |
20 | | DUI evaluation and risk
education programs licensed by the |
21 | | Department for providing
indigent persons with free or |
22 | | reduced-cost evaluation and risk education services |
23 | | relating to a charge of
driving under the influence of |
24 | | alcohol or other drugs.
|
25 | | (6) Promulgate regulations to identify and disseminate |
26 | | best practice guidelines that can be utilized by publicly
|
|
| | HB3817 Enrolled | - 29 - | LRB103 30519 DTM 56952 b |
|
|
1 | | and privately funded programs as well as for levels of |
2 | | payment to government
funded programs that provide |
3 | | prevention,
early intervention, treatment, and other |
4 | | recovery support services for substance use disorders and |
5 | | those services referenced in Sections 15-10
and 40-5.
|
6 | | (7) In consultation with providers and
related trade |
7 | | associations, specify a uniform
methodology for use by |
8 | | funded providers and the
Department for billing
and |
9 | | collection and dissemination of statistical information
|
10 | | regarding services related to substance use
disorders.
|
11 | | (8) Receive data and assistance from federal, State |
12 | | and local governmental
agencies, and obtain copies of |
13 | | identification and arrest data from all federal,
State and |
14 | | local law enforcement agencies for use in carrying out the |
15 | | purposes
and functions of the Department.
|
16 | | (9) Designate and license providers to conduct |
17 | | screening, assessment,
referral and tracking of clients |
18 | | identified by the criminal justice system as
having |
19 | | indications of substance use
disorders and being
eligible |
20 | | to make an election for treatment under Section 40-5 of |
21 | | this Act, and
assist in the placement of individuals who |
22 | | are under court order to participate
in treatment.
|
23 | | (10) Identify and disseminate evidence-based best |
24 | | practice guidelines as maintained in administrative rule |
25 | | that can be utilized to determine a substance use disorder |
26 | | diagnosis.
|
|
| | HB3817 Enrolled | - 30 - | LRB103 30519 DTM 56952 b |
|
|
1 | | (11) (Blank).
|
2 | | (12) Make grants with funds appropriated from the Drug |
3 | | Treatment Fund in
accordance with Section 7 of the |
4 | | Controlled Substance and Cannabis Nuisance
Act, or in |
5 | | accordance with Section 80 of the Methamphetamine Control |
6 | | and Community Protection Act, or in accordance with |
7 | | subsections (h) and (i) of Section 411.2 of the
Illinois |
8 | | Controlled Substances Act, or in accordance with Section |
9 | | 6z-107 of the State Finance Act.
|
10 | | (13) Encourage all health and disability insurance |
11 | | programs to include
substance use disorder
treatment as a |
12 | | covered service and to use evidence-based best practice |
13 | | criteria as maintained in administrative rule and as |
14 | | required in Public Act 99-0480 in determining the |
15 | | necessity for such services and continued stay.
|
16 | | (14) Award grants and enter into fixed-rate and |
17 | | fee-for-service arrangements
with any other department, |
18 | | authority or commission of this State, or any other
state |
19 | | or the federal government or with any public or private |
20 | | agency, including
the disbursement of funds and furnishing |
21 | | of staff, to effectuate the purposes
of this Act.
|
22 | | (15) Conduct a public information campaign to inform |
23 | | the State's
Hispanic residents regarding the prevention |
24 | | and treatment of substance use disorders.
|
25 | | (b) In addition to the powers, duties and functions vested |
26 | | in it by this
Act, or by other laws of this State, the |
|
| | HB3817 Enrolled | - 31 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Department may undertake, but shall
not be limited to, the |
2 | | following activities:
|
3 | | (1) Require all organizations licensed or funded by |
4 | | the Department to include an education
component to inform |
5 | | participants regarding the causes and means of |
6 | | transmission
and methods of reducing the risk of acquiring |
7 | | or transmitting HIV infection and other infectious
|
8 | | diseases,
and to include funding for such education |
9 | | component in its support of the
program.
|
10 | | (2) Review all State agency applications for federal |
11 | | funds that include
provisions relating to the prevention, |
12 | | early intervention and treatment of
substance use
|
13 | | disorders in order to ensure consistency.
|
14 | | (3) Prepare, publish, evaluate, disseminate and serve |
15 | | as a central
repository for educational materials dealing |
16 | | with the nature and effects of
substance use disorders. |
17 | | Such materials may deal with
the educational needs of the |
18 | | citizens of Illinois, and may include at least
pamphlets |
19 | | that describe the causes and effects of fetal alcohol
|
20 | | spectrum disorders.
|
21 | | (4) Develop and coordinate, with regional and local |
22 | | agencies, education
and training programs for persons |
23 | | engaged in providing services
for persons with
substance |
24 | | use disorders,
which programs may include specific HIV |
25 | | education and training for program
personnel.
|
26 | | (5) Cooperate with and assist in the development of |
|
| | HB3817 Enrolled | - 32 - | LRB103 30519 DTM 56952 b |
|
|
1 | | education, prevention, early intervention,
and treatment |
2 | | programs for employees of State and local governments and
|
3 | | businesses in the State.
|
4 | | (6) Utilize the support and assistance of interested |
5 | | persons in the
community, including recovering persons, to |
6 | | assist individuals
and communities in understanding the |
7 | | dynamics of substance use
disorders, and to encourage
|
8 | | individuals with substance use disorders to
voluntarily |
9 | | undergo treatment.
|
10 | | (7) Promote, conduct, assist or sponsor basic |
11 | | clinical, epidemiological
and statistical research into |
12 | | substance use disorders
and research into the prevention |
13 | | of those problems either solely or in
conjunction with any |
14 | | public or private agency.
|
15 | | (8) Cooperate with public and private agencies, |
16 | | organizations and
individuals in the development of |
17 | | programs, and to provide technical assistance
and |
18 | | consultation services for this purpose.
|
19 | | (9) (Blank).
|
20 | | (10) (Blank).
|
21 | | (11) Fund, promote, or assist entities dealing with
|
22 | | substance use disorders.
|
23 | | (12) With monies appropriated from the Group Home Loan |
24 | | Revolving Fund,
make loans, directly or through |
25 | | subcontract, to assist in underwriting the
costs of |
26 | | housing in which individuals recovering from substance use
|
|
| | HB3817 Enrolled | - 33 - | LRB103 30519 DTM 56952 b |
|
|
1 | | disorders may reside, pursuant
to Section 50-40 of this |
2 | | Act.
|
3 | | (13) Promulgate such regulations as may be necessary |
4 | | to carry out the purposes and enforce the
provisions of |
5 | | this Act.
|
6 | | (14) Provide funding to help parents be effective in |
7 | | preventing
substance use disorders by building an |
8 | | awareness of the family's
role in preventing substance use |
9 | | disorders through adjusting expectations, developing new |
10 | | skills,
and setting positive family goals. The programs |
11 | | shall include, but not be
limited to, the following |
12 | | subjects: healthy family communication; establishing
rules |
13 | | and limits; how to reduce family conflict; how to build |
14 | | self-esteem,
competency, and responsibility in children; |
15 | | how to improve motivation and
achievement; effective |
16 | | discipline; problem solving techniques; and how to talk
|
17 | | about drugs and alcohol. The programs shall be open to all |
18 | | parents.
|
19 | | (15) Establish an Opioid Remediation Services Capital
|
20 | | Investment Grant Program. The Department may, subject to |
21 | | appropriation and approval through the Opioid Overdose |
22 | | Prevention and Recovery Steering Committee, after |
23 | | recommendation by the Illinois Opioid Remediation Advisory |
24 | | Board, and certification by the Office of the Attorney |
25 | | General, make capital improvement grants to units of local |
26 | | government and substance use prevention, treatment, and |
|
| | HB3817 Enrolled | - 34 - | LRB103 30519 DTM 56952 b |
|
|
1 | | recovery service providers addressing opioid remediation |
2 | | in the State for approved abatement uses under the |
3 | | Illinois Opioid Allocation Agreement. The Illinois Opioid |
4 | | Remediation State Trust Fund shall be the source of |
5 | | funding for the program. Eligible grant recipients shall |
6 | | be units of local government and substance use prevention, |
7 | | treatment, and recovery service providers that offer |
8 | | facilities and services in a manner that supports and |
9 | | meets the approved uses of the opioid settlement funds. |
10 | | Eligible grant recipients have no entitlement to a grant |
11 | | under this Section. The Department of Human Services may |
12 | | consult with the Capital Development Board, the Department |
13 | | of Commerce and Economic Opportunity, and the Illinois |
14 | | Housing Development Authority to adopt rules to implement |
15 | | this Section and may create a competitive application |
16 | | procedure for grants to be awarded. The rules may specify |
17 | | the manner of applying for grants; grantee eligibility |
18 | | requirements; project eligibility requirements; |
19 | | restrictions on the use of grant moneys; the manner in |
20 | | which grantees must account for the use of grant moneys; |
21 | | and any other provision that the Department of Human |
22 | | Services determines to be necessary or useful for the |
23 | | administration of this Section. Rules may include a |
24 | | requirement for grantees to provide local matching funds |
25 | | in an amount equal to a specific percentage of the grant. |
26 | | No portion of an opioid remediation services capital |
|
| | HB3817 Enrolled | - 35 - | LRB103 30519 DTM 56952 b |
|
|
1 | | investment grant awarded under this Section may be used by |
2 | | a grantee to pay for any ongoing operational costs or |
3 | | outstanding debt. The Department of Human Services may |
4 | | consult with the Capital Development Board, the Department |
5 | | of Commerce and Economic Opportunity, and the Illinois |
6 | | Housing Development Authority in the management and |
7 | | disbursement of funds for capital-related projects. The |
8 | | Capital Development Board, the Department of Commerce and |
9 | | Economic Opportunity, and the Illinois Housing Development |
10 | | Authority shall act in a consulting role only for the |
11 | | evaluation of applicants, scoring of applicants, or |
12 | | administration of the grant program. |
13 | | (c) There is created within the Department of Human |
14 | | Services an Office of Opioid Settlement Administration. The |
15 | | Office shall be responsible for implementing and administering |
16 | | approved abatement programs as described in Exhibit B of the |
17 | | Illinois Opioid Allocation Agreement, effective December 30, |
18 | | 2021. The Office may also implement and administer other |
19 | | opioid-related programs, including but not limited to |
20 | | prevention, treatment, and recovery services from other funds |
21 | | made available to the Department of Human Services. The |
22 | | Secretary of Human Services shall appoint or assign staff as |
23 | | necessary to carry out the duties and functions of the Office. |
24 | | (Source: P.A. 101-10, eff. 6-5-19; 102-538, eff. 8-20-21; |
25 | | 102-699, eff. 4-19-22.)
|
|
| | HB3817 Enrolled | - 36 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Section 5-20. The Department of Central Management |
2 | | Services Law of the
Civil Administrative Code of Illinois is |
3 | | amended by changing Section 405-293 as follows: |
4 | | (20 ILCS 405/405-293)
|
5 | | Sec. 405-293. Professional Services. |
6 | | (a) The Department of Central Management Services (the |
7 | | "Department") is responsible for providing professional |
8 | | services for or on behalf of State agencies for all functions |
9 | | transferred to the Department by Executive Order No. 2003-10 |
10 | | (as modified by Section 5.5 of the Executive Reorganization |
11 | | Implementation Act) and may, with the approval of the |
12 | | Governor, provide additional services to or on behalf of State |
13 | | agencies. To the extent not compensated by direct fund |
14 | | transfers, the Department shall be reimbursed from each State |
15 | | agency receiving the benefit of these services. The |
16 | | reimbursement shall be determined by the Director of Central |
17 | | Management Services as the amount required to reimburse the |
18 | | Professional Services Fund for the Department's costs of |
19 | | rendering the professional services on behalf of that State |
20 | | agency. For purposes of this Section, funds due the Department |
21 | | for professional services may be made through appropriations |
22 | | to the Department from the General Revenue Fund, as determined |
23 | | by and provided for by the General Assembly. |
24 | | (a-5) The Department of Central Management Services may |
25 | | provide professional services and other services as authorized |
|
| | HB3817 Enrolled | - 37 - | LRB103 30519 DTM 56952 b |
|
|
1 | | by subsection (a) for or on behalf of other State entities with |
2 | | the approval of both the Director of Central Management |
3 | | Services and the appropriate official or governing body of the |
4 | | other State entity.
|
5 | | (b) For the purposes of this Section, "State agency" means |
6 | | each State agency, department, board, and commission directly |
7 | | responsible to the Governor. "Professional services" means |
8 | | legal services, internal audit services, and other services as |
9 | | approved by the Governor. "Other State entity" means the |
10 | | Illinois State Board of Education and the Illinois State Toll |
11 | | Highway Authority.
|
12 | | (Source: P.A. 93-839, eff. 7-30-04; 94-91, eff. 7-1-05.) |
13 | | Section 5-25. The Children and Family Services Act is |
14 | | amended by changing Section 25 as follows:
|
15 | | (20 ILCS 505/25) (from Ch. 23, par. 5025)
|
16 | | Sec. 25. Funds Grants, gifts, or legacies ; Putative Father |
17 | | Registry fees.
|
18 | | (a) The DCFS Special Purposes Trust Fund is created as a |
19 | | trust fund in the State treasury. The Department is authorized |
20 | | to accept and deposit into the Fund moneys received from |
21 | | grants, gifts, or any other source, public or private, in |
22 | | support of the activities authorized by this Act or on behalf |
23 | | of any institution or program of the Department. Moneys |
24 | | received from federal sources or pursuant to Section 8.27 of |
|
| | HB3817 Enrolled | - 38 - | LRB103 30519 DTM 56952 b |
|
|
1 | | the State Finance Act or Section 5-9-1.8 of the Unified Code of |
2 | | Corrections shall not be deposited into the Fund To accept and |
3 | | hold in behalf of the State, if for the public
interest, a |
4 | | grant, gift or legacy of money or property to the
State of |
5 | | Illinois, to the Department, or to any institution or program |
6 | | of
the Department made in trust for the maintenance or support |
7 | | of a resident
of an institution of the Department, or for any |
8 | | other legitimate purpose
connected with such institution or |
9 | | program. The Department shall cause
each gift, grant or legacy |
10 | | to be kept as a distinct fund, and
shall invest the same in the |
11 | | manner provided by the laws of this State as
the same now |
12 | | exist, or shall hereafter be enacted, relating to securities
|
13 | | in which the deposit in savings banks may be invested. But the |
14 | | Department
may, in its discretion, deposit in a proper trust |
15 | | company or savings bank,
during the continuance of the trust, |
16 | | any fund so left in trust for the life
of a person, and shall |
17 | | adopt rules and regulations governing the deposit,
transfer, |
18 | | or withdrawal of such fund. The Department shall on the
|
19 | | expiration of any trust as provided in any instrument creating |
20 | | the same,
dispose of the fund thereby created in the manner |
21 | | provided in such
instrument. The Department shall include in |
22 | | its required reports a
statement showing what funds are so |
23 | | held by it and the condition thereof.
Monies found on |
24 | | residents at the time of their
admission, or
accruing to them |
25 | | during their period of institutional care, and monies
|
26 | | deposited with the superintendents by relatives, guardians
or |
|
| | HB3817 Enrolled | - 39 - | LRB103 30519 DTM 56952 b |
|
|
1 | | friends of
residents for the special comfort and pleasure of |
2 | | such resident, shall
remain in the custody of such |
3 | | superintendents who shall
act as trustees for
disbursement to, |
4 | | in behalf of, or for the benefit of such resident. All
types of |
5 | | retirement and pension benefits from private and public |
6 | | sources
may be paid directly to the superintendent of the |
7 | | institution where the
person is a resident, for deposit to the |
8 | | resident's trust fund account .
|
9 | | (b) The Department shall deposit hold all Putative Father |
10 | | Registry fees collected under Section 12.1 of the Adoption Act |
11 | | into the DCFS Special Purposes Trust Fund in a distinct fund |
12 | | for the Department's use in maintaining the Putative Father |
13 | | Registry. The Department shall invest the moneys in the fund |
14 | | in the same manner as moneys in the funds described in |
15 | | subsection (a) and shall include in its required reports a |
16 | | statement showing the condition of the fund.
|
17 | | (c) The DCFS Federal Projects Fund is created as a federal |
18 | | trust fund in the State treasury. Moneys in the DCFS Federal |
19 | | Projects Fund shall be used for the specific purposes |
20 | | established by the terms and conditions of the federal grant |
21 | | or award and for other authorized expenses in accordance with |
22 | | federal requirements. |
23 | | (Source: P.A. 94-1010, eff. 10-1-06.)
|
24 | | Section 5-30. The Illinois Promotion Act is amended by |
25 | | changing Section 3, 4a, and 8a as follows:
|
|
| | HB3817 Enrolled | - 40 - | LRB103 30519 DTM 56952 b |
|
|
1 | | (20 ILCS 665/3) (from Ch. 127, par. 200-23)
|
2 | | Sec. 3. Definitions. The following words and terms, |
3 | | whenever used or
referred to
in this Act, shall have the |
4 | | following meanings, except where the context
may otherwise |
5 | | require:
|
6 | | (a) "Department" means the Department of Commerce and |
7 | | Economic Opportunity of the State of Illinois.
|
8 | | (b) "Local promotion group" means any non-profit |
9 | | corporation,
organization, association, agency or committee |
10 | | thereof formed for the
primary purpose of publicizing, |
11 | | promoting, advertising or otherwise
encouraging the |
12 | | development of tourism in any municipality, county, or
region |
13 | | of Illinois.
|
14 | | (c) "Promotional activities" means preparing, planning and
|
15 | | conducting campaigns of information, advertising and publicity |
16 | | through
such media as newspapers, radio, television, |
17 | | magazines, trade journals,
moving and still photography, |
18 | | posters, outdoor signboards and personal
contact within and |
19 | | without the State of Illinois; dissemination of
information, |
20 | | advertising, publicity, photographs and other literature
and |
21 | | material designed to carry out the purpose of this Act; and
|
22 | | participation in and attendance at meetings and conventions |
23 | | concerned
primarily with tourism, including travel to and from |
24 | | such meetings.
|
25 | | (d) "Municipality" means "municipality" as defined in |
|
| | HB3817 Enrolled | - 41 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Section 1-1-2
of the Illinois Municipal Code, as heretofore |
2 | | and hereafter amended.
|
3 | | (e) "Tourism" means travel 50 miles or more one-way or an |
4 | | overnight trip
outside of a person's normal routine.
|
5 | | (f) "Municipal amateur sports facility" means a sports |
6 | | facility that: (1) is owned by a unit of local government; (2) |
7 | | has contiguous indoor sports competition space; (3) is |
8 | | designed to principally accommodate and host amateur |
9 | | competitions for youths, adults, or both; and (4) is not used |
10 | | for professional sporting events where participants are |
11 | | compensated for their participation. |
12 | | (g) "Municipal convention center" means a convention |
13 | | center or civic center owned by a unit of local government or |
14 | | operated by a convention center authority, or a municipal |
15 | | convention hall as defined in paragraph (1) of Section 11-65-1 |
16 | | of the Illinois Municipal Code , with contiguous exhibition |
17 | | space ranging between 30,000 and 125,000 square feet . |
18 | | (h) "Convention center authority" means an Authority, as |
19 | | defined by the Civic Center Code, that operates a municipal |
20 | | convention center with contiguous exhibition space ranging |
21 | | between 30,000 and 125,000 square feet . |
22 | | (i) "Incentive" means: (1) a financial incentive provided |
23 | | by a unit of local government , a local promotion group, a |
24 | | not-for-profit organization, a for-profit organization, or a |
25 | | convention center authority to attract a convention, meeting, |
26 | | or trade show held at a municipal convention center that, but |
|
| | HB3817 Enrolled | - 42 - | LRB103 30519 DTM 56952 b |
|
|
1 | | for the incentive, would not have occurred in the State or been |
2 | | retained in the State; or (2) a financial incentive provided |
3 | | by a unit of local government , a local promotion group, a |
4 | | not-for-profit organization, a for-profit organization, or a |
5 | | convention center authority for attracting a sporting event |
6 | | held at its municipal amateur sports facility that, but for |
7 | | the incentive, would not have occurred in the State or been |
8 | | retained in the State; but (3) only a financial incentive |
9 | | offered or provided to a person or entity in the form of |
10 | | financial benefits or costs which are allowable costs pursuant |
11 | | to the Grant Accountability and Transparency Act. |
12 | | (j) "Unit of local government" has the meaning provided in |
13 | | Section 1 of Article VII of the Illinois Constitution. |
14 | | (k) "Local parks" means any park, recreation area, or |
15 | | other similar facility owned or operated by a unit of local |
16 | | government. |
17 | | (Source: P.A. 101-10, eff. 6-5-19; 102-287, eff. 8-6-21.)
|
18 | | (20 ILCS 665/4a) (from Ch. 127, par. 200-24a)
|
19 | | Sec. 4a. Funds.
|
20 | | (1) All moneys deposited into in the Tourism Promotion |
21 | | Fund pursuant to this
subsection are allocated to the |
22 | | Department for utilization, as
appropriated, in the |
23 | | performance of its powers under Section 4; except that during |
24 | | fiscal year 2013, the Department shall reserve $9,800,000 of |
25 | | the total funds available for appropriation in the Tourism |
|
| | HB3817 Enrolled | - 43 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Promotion Fund for appropriation to the Historic Preservation |
2 | | Agency for the operation of the Abraham Lincoln Presidential |
3 | | Library and Museum and State historic sites; and except that |
4 | | beginning in fiscal year 2019, moneys in the Tourism Promotion |
5 | | Fund may also be allocated to the Illinois Department of |
6 | | Agriculture, the Illinois Department of Natural Resources, and |
7 | | the Abraham Lincoln Presidential Library and Museum for |
8 | | utilization, as appropriated, to administer their |
9 | | responsibilities as State agencies promoting tourism in |
10 | | Illinois, and for tourism-related purposes.
|
11 | | As soon as possible after the first day of each month, |
12 | | beginning July 1,
1997 and ending on the effective date of this |
13 | | amendatory Act of the 100th General Assembly, upon |
14 | | certification of the Department of Revenue, the Comptroller |
15 | | shall
order transferred and the Treasurer shall transfer from |
16 | | the General Revenue
Fund to the Tourism Promotion Fund an |
17 | | amount equal to 13% of the net
revenue realized from the Hotel |
18 | | Operators' Occupation Tax Act plus an amount
equal to 13% of |
19 | | the net revenue realized from any tax imposed under
Section
|
20 | | 4.05 of the Chicago World's Fair-1992 Authority Act during the |
21 | | preceding month.
"Net revenue realized for a month" means the |
22 | | revenue collected by the State
under that Act during the |
23 | | previous month less the amount paid out during that
same month |
24 | | as refunds to taxpayers for overpayment of liability under |
25 | | that
Act.
|
26 | | (1.1) (Blank).
|
|
| | HB3817 Enrolled | - 44 - | LRB103 30519 DTM 56952 b |
|
|
1 | | (2) (Blank). As soon as possible after the first day of |
2 | | each month,
beginning July 1,
1997 and ending on the effective |
3 | | date of this amendatory Act of the 100th General Assembly, |
4 | | upon certification of the Department of Revenue, the |
5 | | Comptroller shall
order transferred and the Treasurer shall |
6 | | transfer from the General Revenue
Fund to the Tourism
|
7 | | Promotion Fund an amount equal to 8% of the net revenue |
8 | | realized from the Hotel
Operators' Occupation Tax plus an |
9 | | amount equal to 8% of the net revenue
realized from any tax |
10 | | imposed under Section 4.05 of the Chicago World's
Fair-1992 |
11 | | Authority Act during the preceding month. "Net revenue |
12 | | realized for
a
month" means the revenue collected by the State |
13 | | under that Act during the
previous month less the amount paid |
14 | | out during that same month as refunds to
taxpayers for |
15 | | overpayment of liability under that Act.
|
16 | | All monies deposited in the Tourism Promotion Fund under |
17 | | this
subsection (2) shall be used solely as provided in this |
18 | | subsection to
advertise and promote tourism throughout |
19 | | Illinois. Appropriations of monies
deposited in the Tourism |
20 | | Promotion Fund pursuant to this subsection (2)
shall be used |
21 | | solely for advertising to promote tourism, including but not
|
22 | | limited to advertising production and direct advertisement |
23 | | costs, but shall
not be used to employ any additional staff, |
24 | | finance any individual event,
or lease, rent or purchase any |
25 | | physical facilities. The Department shall
coordinate its |
26 | | advertising under this subsection (2) with other public and
|
|
| | HB3817 Enrolled | - 45 - | LRB103 30519 DTM 56952 b |
|
|
1 | | private entities in the State engaged in similar promotion |
2 | | activities.
Print or electronic media production made pursuant |
3 | | to this subsection (2)
for advertising promotion shall not |
4 | | contain or include the physical
appearance of or reference to |
5 | | the name or position of any public officer.
"Public officer" |
6 | | means a person who is elected to office pursuant to
statute, or |
7 | | who is appointed to an office which is established, and the
|
8 | | qualifications and duties of which are prescribed, by statute, |
9 | | to discharge
a public duty for the State or any of its |
10 | | political subdivisions. |
11 | | (3) (Blank). Notwithstanding anything in this Section to |
12 | | the contrary, amounts transferred from the General Revenue |
13 | | Fund to the Tourism Promotion Fund pursuant to this Section |
14 | | shall not exceed $26,300,000 in State fiscal year 2012.
|
15 | | (4) (Blank). As soon as possible after the first day of |
16 | | each month, beginning July 1, 2017 and ending June 30, 2018, if |
17 | | the amount of revenue deposited into the Tourism Promotion |
18 | | Fund under subsection (c) of Section 6 of the Hotel Operators' |
19 | | Occupation Tax Act is less than 21% of the net revenue realized |
20 | | from the Hotel Operators' Occupation Tax during the preceding |
21 | | month, then, upon certification of the Department of Revenue, |
22 | | the State Comptroller shall direct and the State Treasurer |
23 | | shall transfer from the General Revenue Fund to the Tourism |
24 | | Promotion Fund an amount equal to the difference between 21% |
25 | | of the net revenue realized from the Hotel Operators' |
26 | | Occupation Tax during the preceding month and the amount of |
|
| | HB3817 Enrolled | - 46 - | LRB103 30519 DTM 56952 b |
|
|
1 | | revenue deposited into the Tourism Promotion Fund under |
2 | | subsection (c) of Section 6 of the Hotel Operators' Occupation |
3 | | Tax Act. |
4 | | (5) As soon as possible after the first day of each month, |
5 | | beginning July 1, 2018, if the amount of revenue deposited |
6 | | into the Tourism Promotion Fund under Section 6 of the Hotel |
7 | | Operators' Occupation Tax Act is less than 21% of the net |
8 | | revenue realized from the Hotel Operators' Occupation Tax |
9 | | during the preceding month, then, upon certification of the |
10 | | Department of Revenue, the State Comptroller shall direct and |
11 | | the State Treasurer shall transfer from the General Revenue |
12 | | Fund to the Tourism Promotion Fund an amount equal to the |
13 | | difference between 21% of the net revenue realized from the |
14 | | Hotel Operators' Occupation Tax during the preceding month and |
15 | | the amount of revenue deposited into the Tourism Promotion |
16 | | Fund under Section 6 of the Hotel Operators' Occupation Tax |
17 | | Act. |
18 | | (6) In addition to any other transfers that may be |
19 | | provided for by law, on the effective date of the changes made |
20 | | to this Section by this amendatory Act of the 103rd General |
21 | | Assembly, or as soon thereafter as practical, but no later |
22 | | than June 30, 2023, the State Comptroller shall direct and the |
23 | | State Treasurer shall transfer from the Tourism Promotion Fund |
24 | | into the designated funds the following amounts: |
25 | | International Tourism Fund ..............$2,274,267.36 |
26 | | Chicago Travel Industry Promotion Fund ..$4,396,916.95 |
|
| | HB3817 Enrolled | - 47 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Local Tourism Fund ......................$7,367,503.22 |
2 | | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
|
3 | | (20 ILCS 665/8a) (from Ch. 127, par. 200-28a)
|
4 | | Sec. 8a. Tourism grants and loans.
|
5 | | (1) The Department is authorized to make grants and loans, |
6 | | subject to
appropriations by the General Assembly for this |
7 | | purpose from the Tourism
Promotion Fund,
to counties, |
8 | | municipalities, other units of local government, local |
9 | | promotion groups, not-for-profit
organizations, or
for-profit |
10 | | businesses for the development or improvement of tourism
|
11 | | attractions in Illinois. Individual grants and loans shall not
|
12 | | exceed
$1,000,000
and shall not exceed 50% of the entire |
13 | | amount of the actual expenditures for
the development or |
14 | | improvement of a tourist attraction. Agreements for
loans made |
15 | | by the Department pursuant to this subsection may contain
|
16 | | provisions regarding term, interest rate, security as may be |
17 | | required by
the Department and any other provisions the |
18 | | Department may require to
protect the State's interest.
|
19 | | (2) From appropriations to the Department from the State |
20 | | CURE fund for this purpose, the Department shall establish |
21 | | Tourism Attraction grants for purposes outlined in subsection |
22 | | (1). Grants under this subsection shall not exceed $1,000,000 |
23 | | but may exceed 50% of the entire amount of the actual |
24 | | expenditure for the development or improvement of a tourist |
25 | | attraction, including, but not limited to, festivals. |
|
| | HB3817 Enrolled | - 48 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Expenditures of such funds shall be in accordance with the |
2 | | permitted purposes under Section 9901 of the American Rescue |
3 | | Plan Act of 2021 and all related federal guidance.
|
4 | | (3) Subject to appropriation, the Department is authorized |
5 | | to issue competitive grants with initial terms of up to 5 years |
6 | | for the purpose of administering an incentive program that |
7 | | will attract or retain conventions, meetings, sporting events, |
8 | | and trade shows in Illinois with the goal of increasing |
9 | | business or leisure travel. |
10 | | (Source: P.A. 102-16, eff. 6-17-21; 102-287, eff. 8-6-21; |
11 | | 102-813, eff. 5-13-22.)
|
12 | | Section 5-31. The Department of Human Services Act is |
13 | | amended by adding Section 1-85 as follows: |
14 | | (20 ILCS 1305/1-85 new) |
15 | | Sec. 1-85. Home Illinois Program. Subject to |
16 | | appropriation, the Department of Human Services shall |
17 | | establish the Home Illinois Program. The Home Illinois Program |
18 | | shall focus on preventing and ending homelessness in Illinois |
19 | | and may include, but not be limited to, homeless prevention, |
20 | | emergency and transitional housing, rapid rehousing, outreach, |
21 | | capital investment, and related services and supports for |
22 | | individuals at risk or experiencing homelessness. The |
23 | | Department may establish program eligibility criteria and |
24 | | other program requirements by rule. The Department of Human |
|
| | HB3817 Enrolled | - 49 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Services may consult with the Capital Development Board, the |
2 | | Department of Commerce and Economic Opportunity, and the |
3 | | Illinois Housing Development Authority in the management and |
4 | | disbursement of funds for capital related projects. The |
5 | | Capital Development Board, the Department of Commerce and |
6 | | Economic Opportunity, and the Illinois Housing Development |
7 | | Authority shall act in a consulting role only for the |
8 | | evaluation of applicants, scoring of applicants, or |
9 | | administration of the grant program. |
10 | | Section 5-32. The Department of Innovation and Technology |
11 | | Act is amended by adding Section 1-16 as follows: |
12 | | (20 ILCS 1370/1-16 new) |
13 | | Sec. 1-16. Personnel. The Governor may, with the advice |
14 | | and consent of the Senate, appoint a person within the |
15 | | Department to serve as the Deputy Secretary. The Deputy |
16 | | Secretary shall receive an annual salary as set by the |
17 | | Governor and shall be paid out of appropriations to the |
18 | | Department. The Deputy Secretary shall not be subject to the |
19 | | Personnel Code. The duties of the Deputy Secretary shall |
20 | | include the coordination of the State's digital modernization |
21 | | and other duties as assigned by the Secretary. |
22 | | Section 5-33. The Disabilities Services Act of 2003 is |
23 | | amended by changing Sections 51, 52, and 53 as follows: |
|
| | HB3817 Enrolled | - 50 - | LRB103 30519 DTM 56952 b |
|
|
1 | | (20 ILCS 2407/51) |
2 | | Sec. 51. Legislative intent. It is the intent of the |
3 | | General Assembly to promote the civil rights of persons with |
4 | | disabilities by providing community-based service for persons |
5 | | with disabilities when such services are determined |
6 | | appropriate and desired, as required by Title II of the |
7 | | Americans with Disabilities Act under the United States |
8 | | Supreme Court's decision in Olmstead v. L.C., 527 U.S. 581 |
9 | | (1999). In accordance with Section 6071 of the Deficit |
10 | | Reduction Act of 2005 (P.L. 109-171) , as amended by the |
11 | | federal Consolidated Appropriations Act, 2021 (P.L. 116-260) , |
12 | | the purpose of this Act is (i) to identify and reduce barriers |
13 | | or mechanisms, whether in State law, the State Medicaid Plan, |
14 | | the State budget, or otherwise, that prevent or restrict the |
15 | | flexible use of public funds to enable individuals with |
16 | | disabilities to receive support for appropriate and necessary |
17 | | long-term care services in settings of their choice; (ii) to |
18 | | increase the use of home and community-based long-term care |
19 | | services, rather than institutions or long-term care |
20 | | facilities; (iii) to increase the ability of the State |
21 | | Medicaid program to assure continued provision of home and |
22 | | community-based long-term care services to eligible |
23 | | individuals who choose to transition from an institution or a |
24 | | long-term care facility to a community setting; and (iv) to |
25 | | ensure that procedures are in place that are at least |
|
| | HB3817 Enrolled | - 51 - | LRB103 30519 DTM 56952 b |
|
|
1 | | comparable to those required under the qualified home and |
2 | | community-based program to provide quality assurance for |
3 | | eligible individuals receiving Medicaid home and |
4 | | community-based long-term care services and to provide for |
5 | | continuous quality improvement in such services. Utilizing the |
6 | | framework created by the "Money Follows the Person" |
7 | | demonstration project, approval received by the State on May |
8 | | 14, 2007, and any subsequently enacted "Money Follows the |
9 | | Person" demonstration project or initiative terms and |
10 | | conditions, the purpose of this Act is to codify and reinforce |
11 | | the State's commitment to promote individual choice and |
12 | | control and increase utilization of home and community-based |
13 | | services through: |
14 | | (a) Increased ability of the State Medicaid program to |
15 | | ensure continued provision of home and community-based |
16 | | long-term care services to eligible individuals who choose |
17 | | to transition from an institution to a community setting. |
18 | | (b) Assessment and removal of barriers to community |
19 | | reintegration, including development of a comprehensive |
20 | | housing strategy. |
21 | | (c) Expand availability of consumer self-directed |
22 | | service options. |
23 | | (d) Increased use of home and community-based |
24 | | long-term care services, rather than institutions or |
25 | | long-term care facilities , such that the percentage of the |
26 | | State long-term care budget expended for community-based |
|
| | HB3817 Enrolled | - 52 - | LRB103 30519 DTM 56952 b |
|
|
1 | | services increases from its current 28.5% to at least 37% |
2 | | in the next 5 years . |
3 | | (e) Creation and implementation of interagency |
4 | | agreements or budgetary mechanisms to allow for the |
5 | | flexible movement of allocated dollars from institutional |
6 | | budget appropriations to appropriations supporting home |
7 | | and community-based services or Medicaid State Plan |
8 | | options. |
9 | | (f) Creation of an equitable, clinically sound and |
10 | | cost-effective system for identification and review of |
11 | | community transition candidates across all long-term care |
12 | | systems; including improvement of prescreening, assessment |
13 | | for rapid reintegration and targeted review of longer stay |
14 | | residents, training and outreach education for providers |
15 | | and consumers on community alternatives across all |
16 | | long-term care systems. |
17 | | (g) Development and implementation of data and |
18 | | information systems to track individuals across service |
19 | | systems and funding streams; support responsive |
20 | | eligibility determination; facilitate placement and care |
21 | | decisions; identify individuals with potential for |
22 | | transition; and drive planning for the development of |
23 | | community-based alternatives. |
24 | | (h) Establishment of procedures that are at least |
25 | | comparable to those required under the qualified home and |
26 | | community-based program to provide quality assurance for |
|
| | HB3817 Enrolled | - 53 - | LRB103 30519 DTM 56952 b |
|
|
1 | | eligible individuals receiving Medicaid home and |
2 | | community-based long-term care services and to provide for |
3 | | continuous quality improvement in such services. |
4 | | (i) Nothing in this amendatory Act of the 95th General |
5 | | Assembly shall diminish or restrict the choice of an |
6 | | individual to reside in an institution or the quality of |
7 | | care they receive.
|
8 | | (Source: P.A. 95-438, eff. 1-1-08.) |
9 | | (20 ILCS 2407/52) |
10 | | Sec. 52. Applicability; definitions. In accordance with |
11 | | Section 6071 of the Deficit Reduction Act of 2005 (P.L. |
12 | | 109-171), as used in this Article: |
13 | | "Departments". The term "Departments" means for the |
14 | | purposes of this Act, the Department of Human Services, the |
15 | | Department on Aging, Department of Healthcare and Family |
16 | | Services and Department of Public Health, unless otherwise |
17 | | noted. |
18 | | "Home and community-based long-term care services". The |
19 | | term "home and community-based long-term care services" means, |
20 | | with respect to the State Medicaid program, a service aid, or |
21 | | benefit, home and community-based services, including, but not |
22 | | limited to, home health and personal care services, that are |
23 | | provided to a person with a disability, and are voluntarily |
24 | | accepted, as part of his or her long-term care that: (i) is |
25 | | provided under the State's qualified home and community-based |
|
| | HB3817 Enrolled | - 54 - | LRB103 30519 DTM 56952 b |
|
|
1 | | program or that could be provided under such a program but is |
2 | | otherwise provided under the Medicaid program; (ii) is |
3 | | delivered in a qualified residence; and (iii) is necessary for |
4 | | the person with a disability to live in the community. |
5 | | "ID/DD community care facility". The term "ID/DD community |
6 | | care facility", for the purposes of this Article, means a |
7 | | skilled nursing or intermediate long-term care facility |
8 | | subject to licensure by the Department of Public Health under |
9 | | the ID/DD Community Care Act or the MC/DD Act, an intermediate |
10 | | care facility for persons with developmental disabilities |
11 | | (ICF-DDs), and a State-operated developmental center or mental |
12 | | health center, whether publicly or privately owned. |
13 | | "Money Follows the Person" Demonstration. Enacted by the |
14 | | Deficit Reduction Act of 2005 , as amended by the federal |
15 | | Consolidated Appropriations Act, 2021 (P.L. 116-260) , the |
16 | | Money Follows the Person (MFP) Rebalancing Demonstration is |
17 | | part of a comprehensive, coordinated strategy to assist |
18 | | states, in collaboration with stakeholders, to make widespread |
19 | | changes to their long-term care support systems. This |
20 | | initiative will assist states in their efforts to reduce their |
21 | | reliance on institutional care while developing |
22 | | community-based long-term care opportunities, enabling the |
23 | | elderly and people with disabilities to fully participate in |
24 | | their communities. |
25 | | "Public funds" mean any funds appropriated by the General |
26 | | Assembly to the Departments of Human Services, on Aging, of |
|
| | HB3817 Enrolled | - 55 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Healthcare and Family Services and of Public Health for |
2 | | settings and services as defined in this Article. |
3 | | "Qualified residence". The term "qualified residence" |
4 | | means, with respect to an eligible individual: (i) a home |
5 | | owned or leased by the individual or the individual's |
6 | | authorized representative (as defined by P.L. 109-171); (ii) |
7 | | an apartment with an individual lease, with lockable access |
8 | | and egress, and which includes living, sleeping, bathing, and |
9 | | cooking areas over which the individual or the individual's |
10 | | family has domain and control; or (iii) a residence, in a |
11 | | community-based residential setting, in which no more than 4 |
12 | | unrelated individuals reside. Where qualified residences are |
13 | | not sufficient to meet the demand of eligible individuals, |
14 | | time-limited exceptions to this definition may be developed |
15 | | through administrative rule. |
16 | | "Self-directed services". The term "self-directed |
17 | | services" means, with respect to home and community-based |
18 | | long-term services for an eligible individual, those services |
19 | | for the individual that are planned and purchased under the |
20 | | direction and control of the individual or the individual's |
21 | | authorized representative, including the amount, duration, |
22 | | scope, provider, and location of such services, under the |
23 | | State Medicaid program consistent with the following |
24 | | requirements: |
25 | | (a) Assessment: there is an assessment of the needs, |
26 | | capabilities, and preference of the individual with |
|
| | HB3817 Enrolled | - 56 - | LRB103 30519 DTM 56952 b |
|
|
1 | | respect to such services. |
2 | | (b) Individual service care or treatment plan: based |
3 | | on the assessment, there is development jointly with such |
4 | | individual or individual's authorized representative, a |
5 | | plan for such services for the individual that (i) |
6 | | specifies those services, if any, that the individual or |
7 | | the individual's authorized representative would be |
8 | | responsible for directing; (ii) identifies the methods by |
9 | | which the individual or the individual's authorized |
10 | | representative or an agency designated by an individual or |
11 | | representative will select, manage, and dismiss providers |
12 | | of such services.
|
13 | | (Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; |
14 | | 99-642, eff. 7-28-16.) |
15 | | (20 ILCS 2407/53) |
16 | | Sec. 53. Rebalancing benchmarks. |
17 | | (a) Illinois' long-term care system is in a state of |
18 | | transformation, as evidenced by the creation and subsequent |
19 | | work products of the Disability Services Advisory Committee, |
20 | | Older Adult Services Advisory Committee, Housing Task Force |
21 | | and other executive and legislative branch initiatives. |
22 | | (b) Illinois' Money Follows the Person demonstrations or |
23 | | initiatives capitalize demonstration approval capitalizes on |
24 | | this progress and commit commits the State to transition |
25 | | approximately 3,357 older persons and persons with |
|
| | HB3817 Enrolled | - 57 - | LRB103 30519 DTM 56952 b |
|
|
1 | | developmental, physical , or psychiatric disabilities from |
2 | | institutional to home and community-based settings, as |
3 | | appropriate resulting in an increased percentage of long-term |
4 | | care community spending over the next 5 years . |
5 | | (c) (Blank). The State will endeavor to increase the |
6 | | percentage of community-based long-term care spending over the |
7 | | next 5 years according to the following timeline: |
8 | | Estimated baseline: 28.5% |
9 | | Year 1: 30% |
10 | | Year 2: 31% |
11 | | Year 3: 32% |
12 | | Year 4: 35% |
13 | | Year 5: 37% |
14 | | (d) The Departments will utilize interagency agreements |
15 | | and will seek legislative authority to implement a Money |
16 | | Follows the Person budgetary mechanism to allocate or |
17 | | reallocate funds for the purpose of expanding the |
18 | | availability, quality or stability of home and community-based |
19 | | long-term care services and supports for persons with |
20 | | disabilities. |
21 | | (e) The allocation of public funds for home and |
22 | | community-based long-term care services shall not have the |
23 | | effect of: (i) diminishing or reducing the quality of services |
24 | | available to residents of long-term care facilities; (ii) |
25 | | forcing any residents of long-term care facilities to |
26 | | involuntarily accept home and community-based long-term care |
|
| | HB3817 Enrolled | - 58 - | LRB103 30519 DTM 56952 b |
|
|
1 | | services, or causing any residents of long-term care |
2 | | facilities to be involuntarily transferred or discharged; |
3 | | (iii) causing reductions in long-term care facility |
4 | | reimbursement rates in effect as of July 1, 2008; or (iv) |
5 | | diminishing access to a full array of long-term care options.
|
6 | | (Source: P.A. 95-438, eff. 1-1-08.) |
7 | | Section 5-35. The Illinois State Police Law of the
Civil |
8 | | Administrative Code of Illinois is amended by changing Section |
9 | | 2605-407 as follows: |
10 | | (20 ILCS 2605/2605-407) |
11 | | Sec. 2605-407. Illinois State Police Federal Projects |
12 | | Fund. |
13 | | (a) The Illinois State Police Federal Projects Fund is |
14 | | established as a federal trust fund in the State treasury. |
15 | | This federal Trust Fund is established to receive funds |
16 | | awarded to the Illinois State Police from the following: (i) |
17 | | all federal departments and agencies for the specific purposes |
18 | | established by the terms and conditions of the federal awards |
19 | | and (ii) federal pass-through grants from State departments |
20 | | and agencies for the specific purposes established by the |
21 | | terms and conditions of the grant agreements. Any interest |
22 | | earnings that are attributable to moneys in the federal trust |
23 | | fund must be deposited into the Fund.
|
24 | | (b) In addition to any other transfers that may be |
|
| | HB3817 Enrolled | - 59 - | LRB103 30519 DTM 56952 b |
|
|
1 | | provided for by law, on July 1, 2023, or as soon thereafter as |
2 | | practical, the State Comptroller shall direct and the State |
3 | | Treasurer shall transfer the sum of $2,000,000 from the State |
4 | | Police Services Fund to the Illinois State Police Federal |
5 | | Projects Fund. |
6 | | (Source: P.A. 102-538, eff. 8-20-21.) |
7 | | Section 5-40. The State Fire Marshal Act is amended by |
8 | | adding Section 2.8 as follows: |
9 | | (20 ILCS 2905/2.8 new) |
10 | | Sec. 2.8. Fire Station Rehabilitation and Construction |
11 | | Grant Program. The Office shall establish and administer a |
12 | | Fire Station Rehabilitation and Construction Grant Program to |
13 | | award grants to units of local government for the |
14 | | rehabilitation or construction of fire stations. The Office |
15 | | shall adopt any rules necessary for the implementation and |
16 | | administration of this Section. |
17 | | Section 5-45. The Governor's Office of Management and |
18 | | Budget Act is amended by adding Section 2.13 as follows: |
19 | | (20 ILCS 3005/2.13 new) |
20 | | Sec. 2.13. Appropriations; Railsplitter Tobacco Settlement |
21 | | Authority Bonds. Subject to appropriation, the Office may make |
22 | | payments from the Tobacco Settlement Recovery Fund to the |
|
| | HB3817 Enrolled | - 60 - | LRB103 30519 DTM 56952 b |
|
|
1 | | trustee of those bonds issued by the Railsplitter Tobacco |
2 | | Settlement Authority with which the Authority has executed a |
3 | | bond indenture pursuant to the terms of the Railsplitter |
4 | | Tobacco Settlement Authority Act for the purpose of defeasing |
5 | | outstanding bonds of the Authority. |
6 | | Section 5-47. The Illinois Emergency Management Agency Act |
7 | | is amended by adding Section 17.8 as follows: |
8 | | (20 ILCS 3305/17.8 new) |
9 | | Sec. 17.8. IEMA State Projects Fund. The IEMA State |
10 | | Projects Fund is created as a trust fund in the State treasury. |
11 | | The Fund shall consist of any moneys appropriated to the |
12 | | Agency for purposes of the Illinois' Not-For-Profit Security |
13 | | Grant Program, a grant program authorized by subsection (g-5) |
14 | | of Section 5 of this Act, to provide funding support for target |
15 | | hardening activities and other physical security enhancements |
16 | | for qualifying not-for-profit organizations that are at high |
17 | | risk of terrorist attack. The Agency is authorized to use |
18 | | moneys appropriated from the Fund to make grants to |
19 | | not-for-profit organizations for target hardening activities, |
20 | | security personnel, and physical security enhancements and for |
21 | | the payment of administrative expenses associated with the |
22 | | Not-For-Profit Security Grant Program. As used in this |
23 | | Section, "target hardening activities" include, but are not |
24 | | limited to, the purchase and installation of security |
|
| | HB3817 Enrolled | - 61 - | LRB103 30519 DTM 56952 b |
|
|
1 | | equipment on real property owned or leased by the |
2 | | not-for-profit organization. Grants, gifts, and moneys from |
3 | | any other source, public or private, may also be deposited |
4 | | into the Fund and used for the purposes authorized by this Act. |
5 | | Section 5-50. The State Finance Act is amended by changing |
6 | | Sections 5.62, 5.366, 5.581, 5.765, 5.857, 6, 6z-27, 6z-32, |
7 | | 6z-35, 6z-43, 6z-100, 6z-121, 6z-126, 8.3, 8.12, 8g-1, 13.2, |
8 | | and 25 and by adding Sections 5.990, 5e-1, and 5h.6 as follows:
|
9 | | (30 ILCS 105/5.62) (from Ch. 127, par. 141.62)
|
10 | | Sec. 5.62. The Working Capital Revolving Fund. This |
11 | | Section is repealed on January 1, 2024. |
12 | | (Source: Laws 1919, p. 946.)
|
13 | | (30 ILCS 105/5.366)
|
14 | | Sec. 5.366. The Live and Learn Fund. This Section is |
15 | | repealed on January 1, 2024. |
16 | | (Source: P.A. 88-78; 88-670, eff. 12-2-94.)
|
17 | | (30 ILCS 105/5.581)
|
18 | | Sec. 5.581. The Professional Sports Teams Education Fund. |
19 | | This Section is repealed on January 1, 2024. |
20 | | (Source: P.A. 95-331, eff. 8-21-07.)
|
21 | | (30 ILCS 105/5.765)
|
|
| | HB3817 Enrolled | - 62 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Sec. 5.765. The Soil and Water Conservation District Fund. |
2 | | This Section is repealed on January 1, 2024. |
3 | | (Source: P.A. 96-1377, eff. 1-1-11; 97-333, eff. 8-12-11.)
|
4 | | (30 ILCS 105/5.857) |
5 | | (Section scheduled to be repealed on July 1, 2023) |
6 | | Sec. 5.857. The Capital Development Board Revolving Fund. |
7 | | This Section is repealed July 1, 2025 2023 .
|
8 | | (Source: P.A. 101-10, eff. 6-5-19; 101-645, eff. 6-26-20; |
9 | | 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.) |
10 | | (30 ILCS 105/5.990 new) |
11 | | Sec. 5.990. The Imagination Library of Illinois Fund. |
12 | | (30 ILCS 105/5e-1 new) |
13 | | Sec. 5e-1. Transfers from Road Fund. In addition to any |
14 | | other transfers that may be provided for by law, on July 1, |
15 | | 2023, or as soon thereafter as practical, the State |
16 | | Comptroller shall direct and the State Treasurer shall |
17 | | transfer the sum of $10,000,000 from the Road Fund to the |
18 | | Federal Mass Transit Trust Fund. This Section is repealed on |
19 | | January 1, 2025. |
20 | | (30 ILCS 105/5h.6 new) |
21 | | Sec. 5h.6. Cash flow borrowing and health insurance funds |
22 | | liquidity. |
|
| | HB3817 Enrolled | - 63 - | LRB103 30519 DTM 56952 b |
|
|
1 | | (a) To meet cash flow deficits and to maintain liquidity |
2 | | in the Community College Health Insurance Security Fund, the |
3 | | State Treasurer and the State Comptroller, as directed by the |
4 | | Governor, shall make transfers, on and after July 1, 2023 and |
5 | | through June 30, 2024, to the Community College Health |
6 | | Insurance Security Fund out of the Health Insurance Reserve |
7 | | Fund, to the extent allowed by federal law. |
8 | | The outstanding total transfers made from the Health |
9 | | Insurance Reserve Fund to the Community College Health |
10 | | Insurance Security Fund under this Section shall, at no time, |
11 | | exceed $50,000,000. Once the amount of $50,000,000 has been |
12 | | transferred from the Health Insurance Reserve Fund to the |
13 | | Community College Health Insurance Security Fund, additional |
14 | | transfers may be made from the Health Insurance Reserve Fund |
15 | | to the Community College Health Insurance Security Fund under |
16 | | this Section only to the extent that moneys have first been |
17 | | retransferred from the Community College Health Insurance |
18 | | Security Fund to the Health Insurance Reserve Fund. |
19 | | (b) If moneys have been transferred to the Community |
20 | | College Health Insurance Security Fund pursuant to subsection |
21 | | (a) of this Section, this amendatory Act of the 103rd General |
22 | | Assembly shall constitute the continuing authority for and |
23 | | direction to the State Treasurer and State Comptroller to |
24 | | reimburse the Health Insurance Reserve Fund from the Community |
25 | | College Health Insurance Security Fund by transferring to the |
26 | | Health Insurance Reserve Fund, at such times and in such |
|
| | HB3817 Enrolled | - 64 - | LRB103 30519 DTM 56952 b |
|
|
1 | | amounts as directed by the Comptroller when necessary to |
2 | | support appropriated expenditures from the Health Insurance |
3 | | Reserve Fund, an amount equal to that transferred from the |
4 | | Health Insurance Reserve Fund, except that any moneys |
5 | | transferred pursuant to subsection (a) of this Section shall |
6 | | be repaid to the fund of origin within 108 months after the |
7 | | date on which they were borrowed. The continuing authority for |
8 | | reimbursement provided for in this subsection (b) shall expire |
9 | | 96 months after the date of the last transfer made pursuant to |
10 | | subsection (a) of this Section, or June 30, 2032, whichever is |
11 | | sooner. |
12 | | (c) Beginning July 31, 2024, and every July 31 thereafter |
13 | | until all moneys borrowed pursuant to this Section have been |
14 | | repaid, the Comptroller shall annually report on every |
15 | | transfer made pursuant to this Section. The report shall |
16 | | identify the amount of each transfer, including the date and |
17 | | the end-of-day balance of the Health Insurance Reserve Fund |
18 | | and the Community College Health Insurance Security Fund on |
19 | | the date each transfer was made, and the status of all funds |
20 | | transferred under this Section for the previous fiscal year. |
21 | | All reports under this Section shall be provided in an |
22 | | electronic format to the Commission on Government Forecasting |
23 | | and Accountability and to the Governor's Office of Management |
24 | | and Budget.
|
25 | | (30 ILCS 105/6) (from Ch. 127, par. 142)
|
|
| | HB3817 Enrolled | - 65 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Sec. 6.
The gross or total proceeds, receipts and income |
2 | | of all lands
leased by the Department of Corrections and of all |
3 | | industrial
operations at the several State institutions and |
4 | | divisions under the
direction and supervision of the |
5 | | Department of Corrections shall be covered
into the State |
6 | | treasury into a state trust fund to be known as the "The |
7 | | Working
Capital Revolving Fund " . "Industrial operations", as |
8 | | herein used, means and
includes the operation of those State |
9 | | institutions producing, by the use of
materials, supplies and |
10 | | labor, goods, or wares or merchandise to be sold. On July 1, |
11 | | 2023, or as soon thereafter as practical, the State |
12 | | Comptroller shall direct and the State Treasurer shall |
13 | | transfer the remaining balance from the Working Capital |
14 | | Revolving Fund into the General Revenue Fund. Upon completion |
15 | | of the transfer, the Working Capital Revolving Fund is |
16 | | dissolved, and any future deposits due to that Fund and any |
17 | | outstanding obligations or liabilities of that Fund shall pass |
18 | | to the General Revenue Fund.
|
19 | | (Source: P.A. 90-372, eff. 7-1-98.)
|
20 | | (30 ILCS 105/6z-27)
|
21 | | Sec. 6z-27. All moneys in the Audit Expense Fund shall be
|
22 | | transferred, appropriated and used only for the purposes |
23 | | authorized by, and
subject to the limitations and conditions |
24 | | prescribed by, the Illinois State Auditing
Act. |
25 | | Within 30 days after July 1, 2023 2022 , or as soon |
|
| | HB3817 Enrolled | - 66 - | LRB103 30519 DTM 56952 b |
|
|
1 | | thereafter as practical,
the State Comptroller shall order |
2 | | transferred and the State Treasurer shall transfer from the
|
3 | | following funds moneys in the specified amounts for deposit |
4 | | into the Audit Expense Fund: |
5 | | African-American HIV/AIDS Response Fund ................$1,421 |
6 | | Agricultural Premium Fund ............................$122,719 |
7 | | Alzheimer's Awareness Fund .............................$1,499 |
8 | | Alzheimer's Disease Research, Care, and Support Fund .....$662 |
9 | | Amusement Ride and Patron Safety Fund ..................$6,315 |
10 | | Assisted Living and Shared Housing Regulatory Fund .....$2,564 |
11 | | Capital Development Board Revolving Fund ..............$15,118 |
12 | | Care Provider Fund for Persons with a Developmental |
13 | | Disability ........................................$15,392 |
14 | | Carolyn Adams Ticket For The Cure Grant Fund .............$927 |
15 | | CDLIS/AAMVANET/NMVTIS Trust Fund (Commercial |
16 | | Driver's License Information |
17 | | System/American Association of |
18 | | Motor Vehicle Administrators |
19 | | network/National Motor Vehicle |
20 | | Title Information Service Trust Fund) ..............$5,236 |
21 | | Chicago Police Memorial Foundation Fund ..................$708 |
22 | | Chicago State University Education Improvement Fund ...$13,666 |
23 | | Child Labor and Day and Temporary Labor |
24 | | Services Enforcement Fund .........................$11,991 |
25 | | Child Support Administrative Fund ......................$5,287 |
26 | | Clean Air Act Permit Fund ..............................$1,556 |
|
| | HB3817 Enrolled | - 67 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Coal Technology Development Assistance Fund ............$6,936 |
2 | | Common School Fund ...................................$343,892 |
3 | | Community Mental Health Medicaid Trust Fund ...........$14,084 |
4 | | Corporate Franchise Tax Refund Fund ....................$1,096 |
5 | | DCFS Children's Services Fund ..........................$8,766 |
6 | | Death Certificate Surcharge Fund .......................$2,060 |
7 | | Death Penalty Abolition Fund ...........................$2,448 |
8 | | Department of Business Services Special |
9 | | Operations Fund ...................................$13,889 |
10 | | Department of Human Services Community Services Fund ...$7,970 |
11 | | Downstate Public Transportation Fund ..................$11,631 |
12 | | Dram Shop Fund .......................................$142,500 |
13 | | Driver Services Administration Fund ....................$1,873 |
14 | | Drug Rebate Fund ......................................$42,473 |
15 | | Drug Treatment Fund ....................................$1,767 |
16 | | Education Assistance Fund ..........................$2,031,292 |
17 | | Emergency Public Health Fund ...........................$5,162 |
18 | | Environmental Protection Permit and Inspection Fund ....$1,447 |
19 | | Estate Tax Refund Fund ...................................$852 |
20 | | Facilities Management Revolving Fund ..................$50,148 |
21 | | Facility Licensing Fund ................................$5,522 |
22 | | Fair and Exposition Fund ...............................$4,248 |
23 | | Feed Control Fund ......................................$7,709 |
24 | | Fertilizer Control Fund ................................$6,849 |
25 | | Fire Prevention Fund ...................................$3,859 |
26 | | Fund for the Advancement of Education .................$24,772 |
|
| | HB3817 Enrolled | - 68 - | LRB103 30519 DTM 56952 b |
|
|
1 | | General Assembly Operations Revolving Fund .............$1,146 |
2 | | General Professions Dedicated Fund .....................$4,039 |
3 | | General Revenue Fund ..............................$17,653,153 |
4 | | Governor's Administrative Fund .........................$2,832 |
5 | | Governor's Grant Fund .................................$17,709 |
6 | | Grade Crossing Protection Fund ...........................$930 |
7 | | Grant Accountability and Transparency Fund ...............$805 |
8 | | Guardianship and Advocacy Fund ........................$14,843 |
9 | | Hazardous Waste Fund .....................................$835 |
10 | | Health Facility Plan Review Fund .......................$1,776 |
11 | | Health and Human Services Medicaid Trust Fund ..........$6,554 |
12 | | Healthcare Provider Relief Fund ......................$407,107 |
13 | | Healthy Smiles Fund ......................................$738 |
14 | | Home Care Services Agency Licensure Fund ...............$3,101 |
15 | | Hospital Licensure Fund ................................$1,688 |
16 | | Hospital Provider Fund ...............................$138,829 |
17 | | ICCB Federal Trust Fund ................................$9,968 |
18 | | ICJIA Violence Prevention Fund ...........................$932 |
19 | | Illinois Affordable Housing Trust Fund ................$17,236 |
20 | | Illinois Clean Water Fund ..............................$2,152 |
21 | | Illinois Health Facilities Planning Fund ...............$3,094 |
22 | | IMSA Income Fund ......................................$12,417 |
23 | | Illinois Power Agency Operations Fund .................$62,583 |
24 | | Illinois School Asbestos Abatement Fund ..................$784 |
25 | | Illinois State Fair Fund ..............................$29,752 |
26 | | Illinois State Police Memorial Park Fund .................$681 |
|
| | HB3817 Enrolled | - 69 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Illinois Telecommunications Access Corporation Fund ....$1,668 |
2 | | Illinois Underground Utility Facilities |
3 | | Damage Prevention Fund .............................$4,276 |
4 | | Illinois Veterans' Rehabilitation Fund .................$5,943 |
5 | | Illinois Workers' Compensation Commission |
6 | | Operations Fund ..................................$243,187 |
7 | | Income Tax Refund Fund ................................$54,420 |
8 | | Lead Poisoning Screening, Prevention, and |
9 | | Abatement Fund ....................................$16,379 |
10 | | Live and Learn Fund ...................................$25,492 |
11 | | Lobbyist Registration Administration Fund ..............$1,471 |
12 | | Local Government Distributive Fund ....................$44,025 |
13 | | Long Term Care Monitor/Receiver Fund ..................$42,016 |
14 | | Long-Term Care Provider Fund ..........................$13,537 |
15 | | Low-Level Radioactive Waste Facility Development |
16 | | and Operation Fund ...................................$618 |
17 | | Mandatory Arbitration Fund .............................$2,104 |
18 | | Medical Special Purposes Trust Fund ......................$786 |
19 | | Mental Health Fund .....................................$9,376 |
20 | | Mental Health Reporting Fund ...........................$1,443 |
21 | | Metabolic Screening and Treatment Fund ................$32,049 |
22 | | Monitoring Device Driving Permit Administration |
23 | | Fee Fund ...........................................$1,616 |
24 | | Motor Fuel Tax Fund ...................................$36,238 |
25 | | Motor Vehicle License Plate Fund ......................$17,694 |
26 | | Multiple Sclerosis Research Fund .........................$758 |
|
| | HB3817 Enrolled | - 70 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Nuclear Safety Emergency Preparedness Fund ............$26,117 |
2 | | Nursing Dedicated and Professional Fund ................$2,420 |
3 | | Open Space Lands Acquisition and Development Fund ........$658 |
4 | | Partners For Conservation Fund ........................$89,847 |
5 | | Pension Stabilization Fund .............................$1,031 |
6 | | Personal Property Tax Replacement Fund ...............$290,755 |
7 | | Pesticide Control Fund ................................$30,513 |
8 | | Plumbing Licensure and Program Fund ....................$6,276 |
9 | | Police Memorial Committee Fund ...........................$813 |
10 | | Professional Services Fund ............................$72,029 |
11 | | Public Health Laboratory Services Revolving Fund .......$5,816 |
12 | | Public Transportation Fund ............................$46,826 |
13 | | Public Utility Fund ..................................$198,423 |
14 | | Radiation Protection Fund .............................$11,034 |
15 | | Renewable Energy Resources Trust Fund ..................$7,834 |
16 | | Road Fund ............................................$226,150 |
17 | | Regional Transportation Authority Occupation |
18 | | and Use Tax Replacement Fund .......................$1,167 |
19 | | School Infrastructure Fund .............................$7,749 |
20 | | Secretary of State DUI Administration Fund .............$2,694 |
21 | | Secretary of State Identification Security |
22 | | and Theft Prevention Fund .........................$12,676 |
23 | | Secretary of State Police Services Fund ..................$717 |
24 | | Secretary of State Special License Plate Fund ..........$4,203 |
25 | | Secretary of State Special Services Fund ..............$34,491 |
26 | | Securities Audit and Enforcement Fund ..................$8,198 |
|
| | HB3817 Enrolled | - 71 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Solid Waste Management Fund ............................$1,613 |
2 | | Special Olympics Illinois and Special |
3 | | Children's Charities Fund ............................$852 |
4 | | Special Education Medicaid Matching Fund ...............$5,131 |
5 | | Sports Wagering Fund ...................................$4,450 |
6 | | State and Local Sales Tax Reform Fund ..................$2,361 |
7 | | State Construction Account Fund .......................$37,865 |
8 | | State Gaming Fund .....................................$94,435 |
9 | | State Garage Revolving Fund ............................$8,977 |
10 | | State Lottery Fund ...................................$340,323 |
11 | | State Pensions Fund ..................................$500,000 |
12 | | State Treasurer's Bank Services Trust Fund .............$1,295 |
13 | | Supreme Court Special Purposes Fund ....................$1,722 |
14 | | Tattoo and Body Piercing Establishment |
15 | | Registration Fund ....................................$950 |
16 | | Tax Compliance and Administration Fund .................$1,483 |
17 | | Technology Management Revolving Fund .................$186,193 |
18 | | Tobacco Settlement Recovery Fund ......................$29,864 |
19 | | Tourism Promotion Fund ................................$50,155 |
20 | | Transportation Regulatory Fund ........................$78,256 |
21 | | Trauma Center Fund .....................................$1,960 |
22 | | Underground Storage Tank Fund ..........................$3,630 |
23 | | University of Illinois Hospital Services Fund ..........$6,712 |
24 | | Vehicle Hijacking and Motor Vehicle |
25 | | Theft Prevention and Insurance |
26 | | Verification Trust Fund ...........................$10,970 |
|
| | HB3817 Enrolled | - 72 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Vehicle Inspection Fund ................................$5,069 |
2 | | Weights and Measures Fund .............................$22,129 |
3 | | Youth Alcoholism and Substance Abuse Prevention Fund .....$526 |
4 | | Attorney General Court Ordered and Voluntary Compliance |
5 | | Payment Projects Fund .............................$38,974 |
6 | | Attorney General Sex Offender Awareness, |
7 | | Training, and Education Fund .........................$539 |
8 | | Aggregate Operations Regulatory Fund .....................$711 |
9 | | Agricultural Premium Fund .............................$25,265 |
10 | | Attorney General's State Projects and Court |
11 | | Ordered Distribution Fund .........................$43,667 |
12 | | Anna Veterans Home Fund ...............................$15,792 |
13 | | Appraisal Administration Fund ..........................$4,017 |
14 | | Attorney General Whistleblower Reward |
15 | | and Protection Fund ...............................$22,896 |
16 | | Bank and Trust Company Fund ...........................$78,017 |
17 | | Cannabis Expungement Fund ..............................$4,501 |
18 | | Capital Development Board Revolving Fund ...............$2,494 |
19 | | Care Provider Fund for Persons with |
20 | | a Developmental Disability .........................$5,707 |
21 | | CDLIS/AAMVAnet/NMVTIS Trust Fund .......................$1,702 |
22 | | Cemetery Oversight Licensing and Disciplinary Fund .....$5,002 |
23 | | Chicago State University Education |
24 | | Improvement Fund ..................................$16,218 |
25 | | Child Support Administrative Fund ......................$2,657 |
26 | | Clean Air Act Permit Fund .............................$10,108 |
|
| | HB3817 Enrolled | - 73 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Coal Technology Development Assistance Fund ...........$12,943 |
2 | | Commitment to Human Services Fund ....................$111,465 |
3 | | Common School Fund ...................................$445,997 |
4 | | Community Mental Health Medicaid Trust Fund ............$9,599 |
5 | | Community Water Supply Laboratory Fund ...................$637 |
6 | | Credit Union Fund .....................................$16,048 |
7 | | DCFS Children's Services Fund ........................$287,247 |
8 | | Department of Business Services |
9 | | Special Operations Fund ............................$4,402 |
10 | | Department of Corrections Reimbursement |
11 | | and Education Fund ................................$60,429 |
12 | | Design Professionals Administration |
13 | | and Investigation Fund .............................$3,362 |
14 | | Department of Human Services Community Services Fund ...$5,239 |
15 | | Downstate Public Transportation Fund ..................$30,625 |
16 | | Driver Services Administration Fund ......................$639 |
17 | | Drivers Education Fund .................................$1,202 |
18 | | Drug Rebate Fund ......................................$22,702 |
19 | | Drug Treatment Fund ......................................$571 |
20 | | Drycleaner Environmental Response Trust Fund .............$846 |
21 | | Education Assistance Fund ..........................$1,969,661 |
22 | | Environmental Protection Permit and |
23 | | Inspection Fund ....................................$7,079 |
24 | | Facilities Management Revolving Fund ..................$16,163 |
25 | | Federal High Speed Rail Trust Fund .....................$1,264 |
26 | | Federal Workforce Training Fund .......................$91,791 |
|
| | HB3817 Enrolled | - 74 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Feed Control Fund ......................................$1,701 |
2 | | Fertilizer Control Fund ................................$1,791 |
3 | | Fire Prevention Fund ...................................$3,507 |
4 | | Firearm Dealer License Certification Fund ................$648 |
5 | | Fund for the Advancement of Education .................$44,609 |
6 | | General Professions Dedicated Fund ....................$31,353 |
7 | | General Revenue Fund ..............................$17,663,958 |
8 | | Grade Crossing Protection Fund .........................$1,856 |
9 | | Hazardous Waste Fund ...................................$8,446 |
10 | | Health and Human Services Medicaid Trust Fund ..........$6,134 |
11 | | Healthcare Provider Relief Fund ......................$185,164 |
12 | | Horse Racing Fund ....................................$169,632 |
13 | | Hospital Provider Fund ................................$63,346 |
14 | | ICCB Federal Trust Fund ..............................$10,805 |
15 | | Illinois Affordable Housing Trust Fund .................$5,414 |
16 | | Illinois Charity Bureau Fund ...........................$3,298 |
17 | | Illinois Clean Water Fund .............................$11,951 |
18 | | Illinois Forestry Development Fund ....................$11,004 |
19 | | Illinois Gaming Law Enforcement Fund ...................$1,869 |
20 | | IMSA Income Fund .......................................$2,188 |
21 | | Illinois Military Family Relief Fund ...................$6,986 |
22 | | Illinois Power Agency Operations Fund .................$41,229 |
23 | | Illinois State Dental Disciplinary Fund ................$6,127 |
24 | | Illinois State Fair Fund .................................$660 |
25 | | Illinois State Medical Disciplinary Fund ..............$23,384 |
26 | | Illinois State Pharmacy Disciplinary Fund .............$10,308 |
|
| | HB3817 Enrolled | - 75 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Illinois Veterans Assistance Fund ......................$2,016 |
2 | | Illinois Veterans' Rehabilitation Fund ...................$862 |
3 | | Illinois Wildlife Preservation Fund ....................$1,742 |
4 | | Illinois Workers' Compensation Commission |
5 | | Operations Fund ....................................$4,476 |
6 | | Income Tax Refund Fund ...............................$239,691 |
7 | | Insurance Financial Regulation Fund ..................$104,462 |
8 | | Insurance Premium Tax Refund Fund .....................$23,121 |
9 | | Insurance Producer Administration Fund ...............$104,566 |
10 | | International Tourism Fund .............................$1,985 |
11 | | LaSalle Veterans Home Fund ............................$46,145 |
12 | | LEADS Maintenance Fund ...................................$681 |
13 | | Live and Learn Fund ....................................$8,120 |
14 | | Local Government Distributive Fund ...................$154,289 |
15 | | Long-Term Care Provider Fund ...........................$6,468 |
16 | | Manteno Veterans Home Fund ............................$93,493 |
17 | | Mental Health Fund ....................................$12,227 |
18 | | Mental Health Reporting Fund .............................$611 |
19 | | Monitoring Device Driving Permit |
20 | | Administration Fee Fund ..............................$617 |
21 | | Motor Carrier Safety Inspection Fund ...................$1,823 |
22 | | Motor Fuel Tax Fund ..................................$103,497 |
23 | | Motor Vehicle License Plate Fund .......................$5,656 |
24 | | Motor Vehicle Theft Prevention and Insurance |
25 | | Verification Trust Fund ............................$2,618 |
26 | | Nursing Dedicated and Professional Fund ...............$11,973 |
|
| | HB3817 Enrolled | - 76 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Off-Highway Vehicle Trails Fund ........................$1,994 |
2 | | Open Space Lands Acquisition and Development Fund .....$45,493 |
3 | | Optometric Licensing and Disciplinary Board Fund .......$1,169 |
4 | | Partners For Conservation Fund ........................$19,950 |
5 | | Pawnbroker Regulation Fund .............................$1,053 |
6 | | Personal Property Tax Replacement Fund ...............$203,036 |
7 | | Pesticide Control Fund .................................$6,845 |
8 | | Professional Services Fund .............................$2,778 |
9 | | Professions Indirect Cost Fund .......................$172,106 |
10 | | Public Pension Regulation Fund .........................$6,919 |
11 | | Public Transportation Fund ............................$77,303 |
12 | | Quincy Veterans Home Fund .............................$91,704 |
13 | | Real Estate License Administration Fund ...............$33,329 |
14 | | Registered Certified Public Accountants' |
15 | | Administration and Disciplinary Fund ...............$3,617 |
16 | | Renewable Energy Resources Trust Fund ..................$1,591 |
17 | | Rental Housing Support Program Fund ....................$1,539 |
18 | | Residential Finance Regulatory Fund ...................$20,510 |
19 | | Road Fund ............................................$399,062 |
20 | | Regional Transportation Authority Occupation and |
21 | | Use Tax Replacement Fund ...........................$5,205 |
22 | | Salmon Fund ..............................................$655 |
23 | | School Infrastructure Fund ............................$14,015 |
24 | | Secretary of State DUI Administration Fund .............$1,025 |
25 | | Secretary of State Identification Security |
26 | | and Theft Prevention Fund ..........................$4,502 |
|
| | HB3817 Enrolled | - 77 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Secretary of State Special License Plate Fund ..........$1,384 |
2 | | Secretary of State Special Services Fund ...............$8,114 |
3 | | Securities Audit and Enforcement Fund ..................$2,824 |
4 | | State Small Business Credit Initiative Fund ............$4,331 |
5 | | Solid Waste Management Fund ...........................$10,397 |
6 | | Special Education Medicaid Matching Fund ...............$2,924 |
7 | | Sports Wagering Fund ...................................$8,572 |
8 | | State Police Law Enforcement Administration Fund .......$6,822 |
9 | | State and Local Sales Tax Reform Fund .................$10,355 |
10 | | State Asset Forfeiture Fund ............................$1,740 |
11 | | State Aviation Program Fund ..............................$557 |
12 | | State Construction Account Fund ......................$195,722 |
13 | | State Crime Laboratory Fund ............................$7,743 |
14 | | State Gaming Fund ....................................$204,660 |
15 | | State Garage Revolving Fund ............................$3,731 |
16 | | State Lottery Fund ...................................$129,814 |
17 | | State Offender DNA Identification System Fund ..........$1,405 |
18 | | State Pensions Fund ..................................$500,000 |
19 | | State Police Firearm Services Fund ....................$16,122 |
20 | | State Police Services Fund ............................$21,151 |
21 | | State Police Vehicle Fund ..............................$3,013 |
22 | | State Police Whistleblower Reward |
23 | | and Protection Fund ................................$2,452 |
24 | | Subtitle D Management Fund .............................$1,431 |
25 | | Supplemental Low-Income Energy Assistance Fund ........$68,591 |
26 | | Tax Compliance and Administration Fund .................$5,259 |
|
| | HB3817 Enrolled | - 78 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Technology Management Revolving Fund .................$244,294 |
2 | | Tobacco Settlement Recovery Fund .......................$4,653 |
3 | | Tourism Promotion Fund ................................$35,322 |
4 | | Traffic and Criminal Conviction Surcharge Fund .......$136,332 |
5 | | Underground Storage Tank Fund .........................$20,429 |
6 | | University of Illinois Hospital Services Fund ..........$3,664 |
7 | | Vehicle Inspection Fund ...............................$11,203 |
8 | | Violent Crime Victims Assistance Fund .................$14,202 |
9 | | Weights and Measures Fund ..............................$6,127 |
10 | | Working Capital Revolving Fund ........................$18,120
|
11 | | Notwithstanding any provision of the law to the contrary, |
12 | | the General
Assembly hereby authorizes the use of such funds |
13 | | for the purposes set forth
in this Section.
|
14 | | These provisions do not apply to funds classified by the |
15 | | Comptroller
as federal trust funds or State trust funds. The |
16 | | Audit Expense Fund may
receive transfers from those trust |
17 | | funds only as directed herein, except
where prohibited by the |
18 | | terms of the trust fund agreement. The Auditor
General shall |
19 | | notify the trustees of those funds of the estimated cost of
the |
20 | | audit to be incurred under the Illinois State Auditing Act for |
21 | | the
fund. The trustees of those funds shall direct the State |
22 | | Comptroller and
Treasurer to transfer the estimated amount to |
23 | | the Audit Expense Fund.
|
24 | | The Auditor General may bill entities that are not subject |
25 | | to the above
transfer provisions, including private entities, |
26 | | related organizations and
entities whose funds are |
|
| | HB3817 Enrolled | - 79 - | LRB103 30519 DTM 56952 b |
|
|
1 | | locally-held, for the cost of audits, studies, and
|
2 | | investigations incurred on their behalf. Any revenues received |
3 | | under this
provision shall be deposited into the Audit Expense |
4 | | Fund.
|
5 | | In the event that moneys on deposit in any fund are |
6 | | unavailable, by
reason of deficiency or any other reason |
7 | | preventing their lawful
transfer, the State Comptroller shall |
8 | | order transferred
and the State Treasurer shall transfer the |
9 | | amount deficient or otherwise
unavailable from the General |
10 | | Revenue Fund for deposit into the Audit Expense
Fund.
|
11 | | On or before December 1, 1992, and each December 1 |
12 | | thereafter, the
Auditor General shall notify the Governor's |
13 | | Office of Management
and Budget (formerly Bureau of the |
14 | | Budget)
of the amount
estimated to be necessary to pay for |
15 | | audits, studies, and investigations in
accordance with the |
16 | | Illinois State Auditing Act during the next succeeding
fiscal |
17 | | year for each State fund for which a transfer or reimbursement |
18 | | is
anticipated.
|
19 | | Beginning with fiscal year 1994 and during each fiscal |
20 | | year thereafter,
the Auditor General may direct the State |
21 | | Comptroller and Treasurer to
transfer moneys from funds |
22 | | authorized by the General Assembly for that
fund. In the event |
23 | | funds, including federal and State trust funds but
excluding |
24 | | the General Revenue Fund, are transferred, during fiscal year |
25 | | 1994
and during each fiscal year thereafter, in excess of the |
26 | | amount to pay actual
costs attributable to audits, studies, |
|
| | HB3817 Enrolled | - 80 - | LRB103 30519 DTM 56952 b |
|
|
1 | | and investigations as permitted or
required by the Illinois |
2 | | State Auditing Act or specific action of the General
Assembly, |
3 | | the Auditor General shall, on September 30, or as soon |
4 | | thereafter as
is practicable, direct the State Comptroller and |
5 | | Treasurer to transfer the
excess amount back to the fund from |
6 | | which it was originally transferred.
|
7 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
8 | | 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
|
9 | | (30 ILCS 105/6z-32)
|
10 | | Sec. 6z-32. Partners for Planning and Conservation.
|
11 | | (a) The Partners for Conservation Fund (formerly known as |
12 | | the Conservation 2000 Fund) and the Partners for
Conservation |
13 | | Projects Fund (formerly known as the Conservation 2000 |
14 | | Projects Fund) are
created as special funds in the State |
15 | | Treasury. These funds
shall be used to establish a |
16 | | comprehensive program to protect Illinois' natural
resources |
17 | | through cooperative partnerships between State government and |
18 | | public
and private landowners. Moneys in these Funds may be
|
19 | | used, subject to appropriation, by the Department of Natural |
20 | | Resources, Environmental Protection Agency, and the
Department |
21 | | of Agriculture for purposes relating to natural resource |
22 | | protection,
planning, recreation, tourism, climate resilience, |
23 | | and compatible agricultural and economic development
|
24 | | activities. Without limiting these general purposes, moneys in |
25 | | these Funds may
be used, subject to appropriation, for the |
|
| | HB3817 Enrolled | - 81 - | LRB103 30519 DTM 56952 b |
|
|
1 | | following specific purposes:
|
2 | | (1) To foster sustainable agriculture practices and |
3 | | control soil erosion,
sedimentation, and nutrient loss |
4 | | from farmland, including grants to Soil and Water |
5 | | Conservation Districts
for conservation practice |
6 | | cost-share grants and for personnel, educational, and
|
7 | | administrative expenses.
|
8 | | (2) To establish and protect a system of ecosystems in |
9 | | public and private
ownership through conservation |
10 | | easements, incentives to public and private
landowners, |
11 | | natural resource restoration and preservation, water |
12 | | quality protection and improvement, land use and watershed |
13 | | planning, technical assistance and grants, and
land |
14 | | acquisition provided these mechanisms are all voluntary on |
15 | | the part of the
landowner and do not involve the use of |
16 | | eminent domain.
|
17 | | (3) To develop a systematic and long-term program to |
18 | | effectively measure
and monitor natural resources and |
19 | | ecological conditions through investments in
technology |
20 | | and involvement of scientific experts.
|
21 | | (4) To initiate strategies to enhance, use, and |
22 | | maintain Illinois' inland
lakes through education, |
23 | | technical assistance, research, and financial
incentives.
|
24 | | (5) To partner with private landowners and with units |
25 | | of State, federal, and local government and with |
26 | | not-for-profit organizations in order to integrate State |
|
| | HB3817 Enrolled | - 82 - | LRB103 30519 DTM 56952 b |
|
|
1 | | and federal programs with Illinois' natural resource |
2 | | protection and restoration efforts and to meet |
3 | | requirements to obtain federal and other funds for |
4 | | conservation or protection of natural resources. |
5 | | (6) To implement the State's Nutrient Loss Reduction |
6 | | Strategy, including, but not limited to, funding the |
7 | | resources needed to support the Strategy's Policy Working |
8 | | Group, cover water quality monitoring in support of |
9 | | Strategy implementation, prepare a biennial report on the |
10 | | progress made on the Strategy every 2 years, and provide |
11 | | cost share funding for nutrient capture projects. |
12 | | (7) To provide capacity grants to support soil and |
13 | | water conservation districts, including, but not limited |
14 | | to, developing soil health plans, conducting soil health |
15 | | assessments, peer-to-peer training, convening |
16 | | producer-led dialogues, professional development and |
17 | | travel stipends for meetings and educational events.
|
18 | | (b) The State Comptroller and State Treasurer shall |
19 | | automatically transfer
on the last day of each month, |
20 | | beginning on September 30, 1995 and ending on
June 30, 2024 |
21 | | 2023 ,
from the General Revenue Fund to the Partners for |
22 | | Conservation
Fund,
an
amount equal to 1/10 of the amount set |
23 | | forth below in fiscal year 1996 and
an amount equal to 1/12 of |
24 | | the amount set forth below in each of the other
specified |
25 | | fiscal years:
|
|
|
| | HB3817 Enrolled | - 83 - | LRB103 30519 DTM 56952 b |
|
|
1 | | 1996 |
$ 3,500,000 |
|
2 | | 1997 |
$ 9,000,000 |
|
3 | | 1998 |
$10,000,000 |
|
4 | | 1999 |
$11,000,000 |
|
5 | | 2000 |
$12,500,000 |
|
6 | | 2001 through 2004 |
$14,000,000 |
|
7 | | 2005
| $7,000,000 | |
8 | | 2006
| $11,000,000
| |
9 | | 2007
| $0
| |
10 | | 2008 through 2011
| $14,000,000
| |
11 | | 2012 | $12,200,000 | |
12 | | 2013 through 2017 | $14,000,000 | |
13 | | 2018 | $1,500,000 | |
14 | | 2019 | $14,000,000 | |
15 | | 2020 | $7,500,000 | |
16 | | 2021 through 2023 | $14,000,000 | |
17 | | 2024 | $18,000,000 |
|
18 | | (c) The State Comptroller and State Treasurer shall |
19 | | automatically transfer on the last day of each month beginning |
20 | | on July 31, 2021 and ending June 30, 2022, from the |
21 | | Environmental Protection Permit and Inspection Fund to the |
22 | | Partners for Conservation Fund, an amount equal to 1/12 of |
23 | | $4,135,000.
|
24 | | (c-1) The State Comptroller and State Treasurer shall |
25 | | automatically transfer on the last day of each month beginning |
26 | | on July 31, 2022 and ending June 30, 2023, from the |
|
| | HB3817 Enrolled | - 84 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Environmental Protection Permit and Inspection Fund to the |
2 | | Partners for Conservation Fund, an amount equal to 1/12 of |
3 | | $5,900,000. |
4 | | (d) There shall be deposited into the Partners for
|
5 | | Conservation Projects Fund such
bond proceeds and other moneys |
6 | | as may, from time to time, be provided by law.
|
7 | | (Source: P.A. 101-10, eff. 6-5-19; 102-16, eff. 6-17-21; |
8 | | 102-699, eff. 4-19-22.)
|
9 | | (30 ILCS 105/6z-35)
|
10 | | Sec. 6z-35.
There is hereby created in the State Treasury |
11 | | a special fund
to be known as the Live and Learn Fund. The |
12 | | Comptroller and the Treasurer
shall transfer $1,742,000 from |
13 | | the General Revenue Fund into the Live and Learn
Fund each |
14 | | month. The first transfer shall be made 60 days after the |
15 | | effective
date of this amendatory Act of 1993, with subsequent |
16 | | transfers occurring on the
first of each month. Moneys |
17 | | deposited into the Fund may, subject to
appropriation, be used |
18 | | by the Secretary of State for any or all of the
following |
19 | | purposes:
|
20 | | (a) An organ donation awareness or education program.
|
21 | | (b) To provide additional funds for all types of |
22 | | library grants as
authorized and administered by the |
23 | | Secretary of State as State Librarian.
|
24 | | On July 1, 2023, any future deposits due to the Live and |
25 | | Learn Fund and any outstanding obligations or liabilities of |
|
| | HB3817 Enrolled | - 85 - | LRB103 30519 DTM 56952 b |
|
|
1 | | that Fund shall pass to the General Revenue Fund. On November |
2 | | 1, 2023, or as soon thereafter as practical, the State |
3 | | Comptroller shall direct and the State Treasurer shall |
4 | | transfer the remaining balance from the Live and Learn Fund |
5 | | into the Secretary of State Special Services Fund. This |
6 | | Section is repealed on January 1, 2024. |
7 | | (Source: P.A. 88-78.)
|
8 | | (30 ILCS 105/6z-43)
|
9 | | Sec. 6z-43. Tobacco Settlement Recovery Fund.
|
10 | | (a) There is created in the State Treasury a special fund |
11 | | to be known
as the Tobacco Settlement Recovery Fund, which |
12 | | shall contain 3 accounts: (i) the General Account, (ii) the |
13 | | Tobacco Settlement Bond Proceeds Account and (iii) the Tobacco |
14 | | Settlement Residual Account. There shall be deposited into the |
15 | | several accounts of the Tobacco Settlement Recovery Fund
and |
16 | | the Attorney General Tobacco Fund all monies paid to the State |
17 | | pursuant to (1) the Master Settlement Agreement
entered in the |
18 | | case of People of the State of Illinois v. Philip Morris, et |
19 | | al.
(Circuit Court of Cook County, No. 96-L13146) and (2) any |
20 | | settlement with or
judgment against any tobacco product |
21 | | manufacturer other than one participating
in the Master |
22 | | Settlement Agreement in satisfaction of any released claim as
|
23 | | defined in the Master Settlement Agreement, as well as any |
24 | | other monies as
provided by law. Moneys shall be deposited |
25 | | into
the Tobacco Settlement Bond Proceeds Account and the |
|
| | HB3817 Enrolled | - 86 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Tobacco Settlement Residual Account as provided by the terms |
2 | | of the Railsplitter Tobacco Settlement Authority Act, provided |
3 | | that an annual amount not less than $2,500,000, subject to |
4 | | appropriation, shall be deposited into the Attorney General |
5 | | Tobacco Fund for use only by the Attorney General's office. |
6 | | The scheduled $2,500,000 deposit into the Tobacco Settlement |
7 | | Residual Account for fiscal year 2011 should be transferred to |
8 | | the Attorney General Tobacco Fund in fiscal year 2012 as soon |
9 | | as this fund has been established. All other moneys available |
10 | | to be deposited into the Tobacco Settlement Recovery Fund |
11 | | shall be deposited into the General Account. An investment |
12 | | made from moneys credited to a specific account constitutes |
13 | | part of that account and such account shall be credited with |
14 | | all income from the investment of such moneys. The Treasurer
|
15 | | may invest the moneys in the several accounts of the Fund in |
16 | | the same manner, in the same types of
investments, and subject |
17 | | to the same limitations provided in the Illinois
Pension Code |
18 | | for the investment of pension funds other than those |
19 | | established
under Article 3 or 4 of the Code. Notwithstanding |
20 | | the foregoing, to the extent necessary to preserve the |
21 | | tax-exempt status of any bonds issued pursuant to the |
22 | | Railsplitter Tobacco Settlement Authority Act, the interest on |
23 | | which is intended to be excludable from the gross income of the |
24 | | owners for federal income tax purposes, moneys on deposit in |
25 | | the Tobacco Settlement Bond Proceeds Account and the Tobacco |
26 | | Settlement Residual Account may be invested in obligations the |
|
| | HB3817 Enrolled | - 87 - | LRB103 30519 DTM 56952 b |
|
|
1 | | interest upon which is tax-exempt under the provisions of |
2 | | Section 103 of the Internal Revenue Code of 1986, as now or |
3 | | hereafter amended, or any successor code or provision.
|
4 | | (b) Moneys on deposit in the Tobacco Settlement Bond |
5 | | Proceeds Account and the Tobacco Settlement Residual Account |
6 | | may be expended, subject to appropriation, for the purposes |
7 | | authorized in subsection (g) of Section 3-6 of the |
8 | | Railsplitter Tobacco Settlement Authority Act. |
9 | | (b-5) Moneys on deposit in the Tobacco Settlement Recovery |
10 | | Fund may be expended, subject to appropriation, for payments |
11 | | pursuant to Section 2.13 of the Governor's Office of |
12 | | Management and Budget Act. |
13 | | (c) As soon as may be practical after June 30, 2001, upon |
14 | | notification
from and at the direction of the Governor, the |
15 | | State Comptroller shall direct
and the State Treasurer shall |
16 | | transfer the unencumbered balance in the Tobacco
Settlement |
17 | | Recovery Fund as of June 30, 2001, as determined by the |
18 | | Governor,
into the Budget Stabilization Fund. The Treasurer |
19 | | may invest the moneys in the
Budget Stabilization Fund in the |
20 | | same manner, in the same types of investments,
and subject to |
21 | | the same limitations provided in the Illinois Pension Code for
|
22 | | the investment of pension funds other than those established |
23 | | under Article 3 or
4 of the Code.
|
24 | | (d) All federal financial participation moneys received
|
25 | | pursuant to expenditures from the Fund shall be deposited into |
26 | | the General Account.
|
|
| | HB3817 Enrolled | - 88 - | LRB103 30519 DTM 56952 b |
|
|
1 | | (Source: P.A. 99-78, eff. 7-20-15.)
|
2 | | (30 ILCS 105/6z-100) |
3 | | (Section scheduled to be repealed on July 1, 2023) |
4 | | Sec. 6z-100. Capital Development Board Revolving Fund; |
5 | | payments into and use. All monies received by the Capital |
6 | | Development Board for publications or copies issued by the |
7 | | Board, and all monies received for contract administration |
8 | | fees, charges, or reimbursements owing to the Board shall be |
9 | | deposited into a special fund known as the Capital Development |
10 | | Board Revolving Fund, which is hereby created in the State |
11 | | treasury. The monies in this Fund shall be used by the Capital |
12 | | Development Board, as appropriated, for expenditures for |
13 | | personal services, retirement, social security, contractual |
14 | | services, legal services, travel, commodities, printing, |
15 | | equipment, electronic data processing, or telecommunications. |
16 | | For fiscal year 2021 and thereafter, the monies in this Fund |
17 | | may also be appropriated to and used by the Executive Ethics |
18 | | Commission for oversight and administration of the Chief |
19 | | Procurement Officer appointed under paragraph (1) of |
20 | | subsection (a) of Section 10-20 of the Illinois Procurement |
21 | | Code. Unexpended moneys in the Fund shall not be transferred |
22 | | or allocated by the Comptroller or Treasurer to any other |
23 | | fund, nor shall the Governor authorize the transfer or |
24 | | allocation of those moneys to any other fund. This Section is |
25 | | repealed July 1, 2025 2023 .
|
|
| | HB3817 Enrolled | - 89 - | LRB103 30519 DTM 56952 b |
|
|
1 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
2 | | 101-645, eff. 6-26-20; 102-16, eff. 6-17-21; 102-699, eff. |
3 | | 4-19-22.) |
4 | | (30 ILCS 105/6z-121) |
5 | | Sec. 6z-121. State Coronavirus Urgent Remediation |
6 | | Emergency Fund. |
7 | | (a) The State Coronavirus Urgent Remediation Emergency |
8 | | (State CURE) Fund is created as a federal trust fund within the |
9 | | State treasury. The State CURE Fund shall be held separate and |
10 | | apart from all other funds in the State treasury. The State |
11 | | CURE Fund is established: (1) to receive, directly or |
12 | | indirectly, federal funds from the Coronavirus Relief Fund in |
13 | | accordance with Section 5001 of the federal Coronavirus Aid, |
14 | | Relief, and Economic Security (CARES) Act, the Coronavirus |
15 | | State Fiscal Recovery Fund in accordance with Section 9901 of |
16 | | the American Rescue Plan Act of 2021, or from any other federal |
17 | | fund pursuant to any other provision of the American Rescue |
18 | | Plan Act of 2021 or any other federal law; and (2) to provide |
19 | | for the transfer, distribution and expenditure of such federal |
20 | | funds as permitted in the federal Coronavirus Aid, Relief, and |
21 | | Economic Security (CARES) Act, the American Rescue Plan Act of |
22 | | 2021, and related federal guidance or any other federal law, |
23 | | and as authorized by this Section. |
24 | | (b) Federal funds received by the State from the |
25 | | Coronavirus Relief Fund in accordance with Section 5001 of the |
|
| | HB3817 Enrolled | - 90 - | LRB103 30519 DTM 56952 b |
|
|
1 | | federal Coronavirus Aid, Relief, and Economic Security (CARES) |
2 | | Act, the Coronavirus State Fiscal Recovery Fund in accordance |
3 | | with Section 9901 of the American Rescue Plan Act of 2021, or |
4 | | any other federal funds received pursuant to the American |
5 | | Rescue Plan Act of 2021 or any other federal law, may be |
6 | | deposited, directly or indirectly, into the State CURE Fund. |
7 | | (c) Funds in the State CURE Fund may be expended, subject |
8 | | to appropriation, directly for purposes permitted under the |
9 | | federal law and related federal guidance governing the use of |
10 | | such funds, which may include without limitation purposes |
11 | | permitted in Section 5001 of the CARES Act and Sections 3201, |
12 | | 3206, and 9901 of the American Rescue Plan Act of 2021 , or as |
13 | | otherwise provided by law and consistent with appropriations |
14 | | of the General Assembly . All federal funds received into the |
15 | | State CURE Fund from the Coronavirus Relief Fund, the |
16 | | Coronavirus State Fiscal Recovery Fund, or any other source |
17 | | under the American Rescue Plan Act of 2021, may be |
18 | | transferred, expended, or returned by the Illinois Emergency |
19 | | Management Agency at the direction of the Governor for the |
20 | | specific purposes permitted by the federal Coronavirus Aid, |
21 | | Relief, and Economic Security (CARES) Act, the American Rescue |
22 | | Plan Act of 2021, any related regulations or federal guidance, |
23 | | and any terms and conditions of the federal awards received by |
24 | | the State thereunder. The State Comptroller shall direct and |
25 | | the State Treasurer shall transfer, as directed by the |
26 | | Governor in writing, a portion of the federal funds received |
|
| | HB3817 Enrolled | - 91 - | LRB103 30519 DTM 56952 b |
|
|
1 | | from the Coronavirus Relief Fund or from any other federal |
2 | | fund pursuant to any other provision of federal law to the |
3 | | Local Coronavirus Urgent Remediation Emergency (Local CURE) |
4 | | Fund from time to time for the provision and administration of |
5 | | grants to units of local government as permitted by the |
6 | | federal Coronavirus Aid, Relief, and Economic Security (CARES) |
7 | | Act, any related federal guidance, and any other additional |
8 | | federal law that may provide authorization. The State |
9 | | Comptroller shall direct and the State Treasurer shall |
10 | | transfer amounts, as directed by the Governor in writing, from |
11 | | the State CURE Fund to the Essential Government Services |
12 | | Support Fund to be used for the provision of government |
13 | | services as permitted under Section 602(c)(1)(C) of the Social |
14 | | Security Act as enacted by Section 9901 of the American Rescue |
15 | | Plan Act and related federal guidance. Funds in the State CURE |
16 | | Fund also may be transferred to other funds in the State |
17 | | treasury as reimbursement for expenditures made from such |
18 | | other funds if the expenditures are eligible for federal |
19 | | reimbursement under Section 5001 of the federal Coronavirus |
20 | | Aid, Relief, and Economic Security (CARES) Act, the relevant |
21 | | provisions of the American Rescue Plan Act of 2021, or any |
22 | | related federal guidance. |
23 | | (d) Once the General Assembly has enacted appropriations |
24 | | from the State CURE Fund, the expenditure of funds from the |
25 | | State CURE Fund shall be subject to appropriation by the |
26 | | General Assembly, and shall be administered by the Illinois |
|
| | HB3817 Enrolled | - 92 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Emergency Management Agency at the direction of the Governor. |
2 | | The Illinois Emergency Management Agency, and other agencies |
3 | | as named in appropriations, shall transfer, distribute or |
4 | | expend the funds. The State Comptroller shall direct and the |
5 | | State Treasurer shall transfer funds in the State CURE Fund to |
6 | | other funds in the State treasury as reimbursement for |
7 | | expenditures made from such other funds if the expenditures |
8 | | are eligible for federal reimbursement under Section 5001 of |
9 | | the federal Coronavirus Aid, Relief, and Economic Security |
10 | | (CARES) Act, the relevant provisions of the American Rescue |
11 | | Plan Act of 2021, or any related federal guidance, as directed |
12 | | in writing by the Governor. Additional funds that may be |
13 | | received from the federal government from legislation enacted |
14 | | in response to the impact of Coronavirus Disease 2019, |
15 | | including fiscal stabilization payments that replace revenues |
16 | | lost due to Coronavirus Disease 2019, The State Comptroller |
17 | | may direct and the State Treasurer shall transfer in the |
18 | | manner authorized or required by any related federal guidance, |
19 | | as directed in writing by the Governor. |
20 | | (e) The Illinois Emergency Management Agency, in |
21 | | coordination with the Governor's Office of Management and |
22 | | Budget, shall identify amounts derived from the State's |
23 | | Coronavirus Relief Fund allocation and transferred from the |
24 | | State CURE Fund as directed by the Governor under this Section |
25 | | that remain unobligated and unexpended for the period that |
26 | | ended on December 31, 2021. The Agency shall certify to the |
|
| | HB3817 Enrolled | - 93 - | LRB103 30519 DTM 56952 b |
|
|
1 | | State Comptroller and the State Treasurer the amounts |
2 | | identified as unobligated and unexpended. The State |
3 | | Comptroller shall direct and the State Treasurer shall |
4 | | transfer the unobligated and unexpended funds identified by |
5 | | the Agency and held in other funds of the State Treasury under |
6 | | this Section to the State CURE Fund. Unexpended funds in the |
7 | | State CURE Fund shall be paid back to the federal government at |
8 | | the direction of the Governor.
|
9 | | (f) In addition to any other transfers that may be |
10 | | provided for by law, at the direction of the Governor, the |
11 | | State Comptroller shall direct and the State Treasurer shall |
12 | | transfer the sum of $24,523,000 from the State CURE Fund to the |
13 | | Chicago Travel Industry Promotion Fund. |
14 | | (g) In addition to any other transfers that may be |
15 | | provided for by law, at the direction of the Governor, the |
16 | | State Comptroller shall direct and the State Treasurer shall |
17 | | transfer the sum of $30,000,000 from the State CURE Fund to the |
18 | | Metropolitan Pier and Exposition Authority Incentive Fund. |
19 | | (h) In addition to any other transfers that may be |
20 | | provided for by law, at the direction of the Governor, the |
21 | | State Comptroller shall direct and the State Treasurer shall |
22 | | transfer the sum of $45,180,000 from the State CURE Fund to the |
23 | | Local Tourism Fund. |
24 | | (Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; |
25 | | 102-699, eff. 4-19-22.)
|
|
| | HB3817 Enrolled | - 94 - | LRB103 30519 DTM 56952 b |
|
|
1 | | (30 ILCS 105/6z-126)
|
2 | | Sec. 6z-126. Law Enforcement Training Fund. The Law |
3 | | Enforcement Training Fund is hereby created as a special fund |
4 | | in the State treasury. Moneys in the Fund shall consist of: (i) |
5 | | 90% of the revenue from increasing the insurance producer |
6 | | license fees, as provided under subsection (a-5) of Section |
7 | | 500-135 of the Illinois Insurance Code; and (ii) 90% of the |
8 | | moneys collected from auto insurance policy fees under Section |
9 | | 8.6 of the Illinois Vehicle Hijacking and Motor Vehicle Theft |
10 | | Prevention and Insurance Verification Act. This Fund shall be |
11 | | used by the Illinois Law Enforcement Training Standards Board |
12 | | for the following purposes: (i) to fund law enforcement |
13 | | certification compliance ; (ii) for and the development and |
14 | | provision of basic courses by Board-approved academics, and |
15 | | in-service courses by approved academies ; and (iii) for the |
16 | | ordinary and contingent expenses of the Illinois Law |
17 | | Enforcement Training Standards Board .
|
18 | | (Source: P.A. 102-16, eff. 6-17-21; 102-904, eff. 1-1-23; |
19 | | 102-1071, eff. 6-10-22; revised 12-13-22.) |
20 | | (30 ILCS 105/8.3) (from Ch. 127, par. 144.3) |
21 | | Sec. 8.3. Money in the Road Fund shall, if and when the |
22 | | State of
Illinois incurs any bonded indebtedness for the |
23 | | construction of
permanent highways, be set aside and used for |
24 | | the purpose of paying and
discharging annually the principal |
25 | | and interest on that bonded
indebtedness then due and payable, |
|
| | HB3817 Enrolled | - 95 - | LRB103 30519 DTM 56952 b |
|
|
1 | | and for no other purpose. The
surplus, if any, in the Road Fund |
2 | | after the payment of principal and
interest on that bonded |
3 | | indebtedness then annually due shall be used as
follows: |
4 | | first -- to pay the cost of administration of Chapters |
5 | | 2 through 10 of
the Illinois Vehicle Code, except the cost |
6 | | of administration of Articles I and
II of Chapter 3 of that |
7 | | Code, and to pay the costs of the Executive Ethics |
8 | | Commission for oversight and administration of the Chief |
9 | | Procurement Officer appointed under paragraph (2) of |
10 | | subsection (a) of Section 10-20 of the Illinois |
11 | | Procurement Code for transportation; and |
12 | | secondly -- for expenses of the Department of |
13 | | Transportation for
construction, reconstruction, |
14 | | improvement, repair, maintenance,
operation, and |
15 | | administration of highways in accordance with the
|
16 | | provisions of laws relating thereto, or for any purpose |
17 | | related or
incident to and connected therewith, including |
18 | | the separation of grades
of those highways with railroads |
19 | | and with highways and including the
payment of awards made |
20 | | by the Illinois Workers' Compensation Commission under the |
21 | | terms of
the Workers' Compensation Act or Workers' |
22 | | Occupational Diseases Act for
injury or death of an |
23 | | employee of the Division of Highways in the
Department of |
24 | | Transportation; or for the acquisition of land and the
|
25 | | erection of buildings for highway purposes, including the |
26 | | acquisition of
highway right-of-way or for investigations |
|
| | HB3817 Enrolled | - 96 - | LRB103 30519 DTM 56952 b |
|
|
1 | | to determine the reasonably
anticipated future highway |
2 | | needs; or for making of surveys, plans,
specifications and |
3 | | estimates for and in the construction and maintenance
of |
4 | | flight strips and of highways necessary to provide access |
5 | | to military
and naval reservations, to defense industries |
6 | | and defense-industry
sites, and to the sources of raw |
7 | | materials and for replacing existing
highways and highway |
8 | | connections shut off from general public use at
military |
9 | | and naval reservations and defense-industry sites, or for |
10 | | the
purchase of right-of-way, except that the State shall |
11 | | be reimbursed in
full for any expense incurred in building |
12 | | the flight strips; or for the
operating and maintaining of |
13 | | highway garages; or for patrolling and
policing the public |
14 | | highways and conserving the peace; or for the operating |
15 | | expenses of the Department relating to the administration |
16 | | of public transportation programs; or, during fiscal year |
17 | | 2022, for the purposes of a grant not to exceed $8,394,800 |
18 | | to the Regional Transportation Authority on behalf of PACE |
19 | | for the purpose of ADA/Para-transit expenses; or, during |
20 | | fiscal year 2023, for the purposes of a grant not to exceed |
21 | | $8,394,800 to the Regional Transportation Authority on |
22 | | behalf of PACE for the purpose of ADA/Para-transit |
23 | | expenses; or, during fiscal year 2024, for the purposes of |
24 | | a grant not to exceed $9,108,400 to the Regional |
25 | | Transportation Authority on behalf of PACE for the purpose |
26 | | of ADA/Para-transit expenses; or for any of
those purposes |
|
| | HB3817 Enrolled | - 97 - | LRB103 30519 DTM 56952 b |
|
|
1 | | or any other purpose that may be provided by law. |
2 | | Appropriations for any of those purposes are payable from |
3 | | the Road
Fund. Appropriations may also be made from the Road |
4 | | Fund for the
administrative expenses of any State agency that |
5 | | are related to motor
vehicles or arise from the use of motor |
6 | | vehicles. |
7 | | Beginning with fiscal year 1980 and thereafter, no Road |
8 | | Fund monies
shall be appropriated to the following Departments |
9 | | or agencies of State
government for administration, grants, or |
10 | | operations; but this
limitation is not a restriction upon |
11 | | appropriating for those purposes any
Road Fund monies that are |
12 | | eligible for federal reimbursement: |
13 | | 1. Department of Public Health; |
14 | | 2. Department of Transportation, only with respect to |
15 | | subsidies for
one-half fare Student Transportation and |
16 | | Reduced Fare for Elderly, except fiscal year 2022 when no |
17 | | more than $17,570,000 may be expended and except fiscal |
18 | | year 2023 when no more than $17,570,000 may be expended |
19 | | and except fiscal year 2024 when no more than $19,063,500 |
20 | | may be expended ; |
21 | | 3. Department of Central Management
Services, except |
22 | | for expenditures
incurred for group insurance premiums of |
23 | | appropriate personnel; |
24 | | 4. Judicial Systems and Agencies. |
25 | | Beginning with fiscal year 1981 and thereafter, no Road |
26 | | Fund monies
shall be appropriated to the following Departments |
|
| | HB3817 Enrolled | - 98 - | LRB103 30519 DTM 56952 b |
|
|
1 | | or agencies of State
government for administration, grants, or |
2 | | operations; but this
limitation is not a restriction upon |
3 | | appropriating for those purposes any
Road Fund monies that are |
4 | | eligible for federal reimbursement: |
5 | | 1. Illinois State Police, except for expenditures with
|
6 | | respect to the Division of Patrol Operations and Division |
7 | | of Criminal Investigation; |
8 | | 2. Department of Transportation, only with respect to |
9 | | Intercity Rail
Subsidies, except fiscal year 2022 when no |
10 | | more than $50,000,000 may be expended and except fiscal |
11 | | year 2023 when no more than $55,000,000 may be expended |
12 | | and except fiscal year 2024 when no more than $60,000,000 |
13 | | may be expended , and Rail Freight Services. |
14 | | Beginning with fiscal year 1982 and thereafter, no Road |
15 | | Fund monies
shall be appropriated to the following Departments |
16 | | or agencies of State
government for administration, grants, or |
17 | | operations; but this
limitation is not a restriction upon |
18 | | appropriating for those purposes any
Road Fund monies that are |
19 | | eligible for federal reimbursement: Department
of Central |
20 | | Management Services, except for awards made by
the Illinois |
21 | | Workers' Compensation Commission under the terms of the |
22 | | Workers' Compensation Act
or Workers' Occupational Diseases |
23 | | Act for injury or death of an employee of
the Division of |
24 | | Highways in the Department of Transportation. |
25 | | Beginning with fiscal year 1984 and thereafter, no Road |
26 | | Fund monies
shall be appropriated to the following Departments |
|
| | HB3817 Enrolled | - 99 - | LRB103 30519 DTM 56952 b |
|
|
1 | | or agencies of State
government for administration, grants, or |
2 | | operations; but this
limitation is not a restriction upon |
3 | | appropriating for those purposes any
Road Fund monies that are |
4 | | eligible for federal reimbursement: |
5 | | 1. Illinois State Police, except not more than 40% of |
6 | | the
funds appropriated for the Division of Patrol |
7 | | Operations and Division of Criminal Investigation; |
8 | | 2. State Officers. |
9 | | Beginning with fiscal year 1984 and thereafter, no Road |
10 | | Fund monies
shall be appropriated to any Department or agency |
11 | | of State government
for administration, grants, or operations |
12 | | except as provided hereafter;
but this limitation is not a |
13 | | restriction upon appropriating for those
purposes any Road |
14 | | Fund monies that are eligible for federal
reimbursement. It |
15 | | shall not be lawful to circumvent the above
appropriation |
16 | | limitations by governmental reorganization or other
methods. |
17 | | Appropriations shall be made from the Road Fund only in
|
18 | | accordance with the provisions of this Section. |
19 | | Money in the Road Fund shall, if and when the State of |
20 | | Illinois
incurs any bonded indebtedness for the construction |
21 | | of permanent
highways, be set aside and used for the purpose of |
22 | | paying and
discharging during each fiscal year the principal |
23 | | and interest on that
bonded indebtedness as it becomes due and |
24 | | payable as provided in the
Transportation Bond Act, and for no |
25 | | other
purpose. The surplus, if any, in the Road Fund after the |
26 | | payment of
principal and interest on that bonded indebtedness |
|
| | HB3817 Enrolled | - 100 - | LRB103 30519 DTM 56952 b |
|
|
1 | | then annually due
shall be used as follows: |
2 | | first -- to pay the cost of administration of Chapters |
3 | | 2 through 10
of the Illinois Vehicle Code; and |
4 | | secondly -- no Road Fund monies derived from fees, |
5 | | excises, or
license taxes relating to registration, |
6 | | operation and use of vehicles on
public highways or to |
7 | | fuels used for the propulsion of those vehicles,
shall be |
8 | | appropriated or expended other than for costs of |
9 | | administering
the laws imposing those fees, excises, and |
10 | | license taxes, statutory
refunds and adjustments allowed |
11 | | thereunder, administrative costs of the
Department of |
12 | | Transportation, including, but not limited to, the |
13 | | operating expenses of the Department relating to the |
14 | | administration of public transportation programs, payment |
15 | | of debts and liabilities incurred
in construction and |
16 | | reconstruction of public highways and bridges,
acquisition |
17 | | of rights-of-way for and the cost of construction,
|
18 | | reconstruction, maintenance, repair, and operation of |
19 | | public highways and
bridges under the direction and |
20 | | supervision of the State, political
subdivision, or |
21 | | municipality collecting those monies, or during fiscal |
22 | | year 2022 for the purposes of a grant not to exceed |
23 | | $8,394,800 to the Regional Transportation Authority on |
24 | | behalf of PACE for the purpose of ADA/Para-transit |
25 | | expenses, or during fiscal year 2023 for the purposes of a |
26 | | grant not to exceed $8,394,800 to the Regional |
|
| | HB3817 Enrolled | - 101 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Transportation Authority on behalf of PACE for the purpose |
2 | | of ADA/Para-transit expenses, or during fiscal year 2024 |
3 | | for the purposes of a grant not to exceed $9,108,400 to the |
4 | | Regional Transportation Authority on behalf of PACE for |
5 | | the purpose of ADA/Para-transit expenses, and the costs |
6 | | for
patrolling and policing the public highways (by the |
7 | | State, political
subdivision, or municipality collecting |
8 | | that money) for enforcement of
traffic laws. The |
9 | | separation of grades of such highways with railroads
and |
10 | | costs associated with protection of at-grade highway and |
11 | | railroad
crossing shall also be permissible. |
12 | | Appropriations for any of such purposes are payable from |
13 | | the Road
Fund or the Grade Crossing Protection Fund as |
14 | | provided in Section 8 of
the Motor Fuel Tax Law. |
15 | | Except as provided in this paragraph, beginning with |
16 | | fiscal year 1991 and
thereafter, no Road Fund monies
shall be |
17 | | appropriated to the Illinois State Police for the purposes of
|
18 | | this Section in excess of its total fiscal year 1990 Road Fund
|
19 | | appropriations for those purposes unless otherwise provided in |
20 | | Section 5g of
this Act.
For fiscal years 2003,
2004, 2005, |
21 | | 2006, and 2007 only, no Road Fund monies shall
be appropriated |
22 | | to the
Department of State Police for the purposes of this |
23 | | Section in excess of
$97,310,000.
For fiscal year 2008 only, |
24 | | no Road
Fund monies shall be appropriated to the Department of |
25 | | State Police for the purposes of
this Section in excess of |
26 | | $106,100,000. For fiscal year 2009 only, no Road Fund monies |
|
| | HB3817 Enrolled | - 102 - | LRB103 30519 DTM 56952 b |
|
|
1 | | shall be appropriated to the Department of State Police for |
2 | | the purposes of this Section in excess of $114,700,000. |
3 | | Beginning in fiscal year 2010, no road fund moneys shall be |
4 | | appropriated to the Illinois State Police. It shall not be |
5 | | lawful to circumvent this limitation on
appropriations by |
6 | | governmental reorganization or other methods unless
otherwise |
7 | | provided in Section 5g of this Act. |
8 | | In fiscal year 1994, no Road Fund monies shall be |
9 | | appropriated
to the
Secretary of State for the purposes of |
10 | | this Section in excess of the total
fiscal year 1991 Road Fund |
11 | | appropriations to the Secretary of State for
those purposes, |
12 | | plus $9,800,000. It
shall not be
lawful to circumvent
this |
13 | | limitation on appropriations by governmental reorganization or |
14 | | other
method. |
15 | | Beginning with fiscal year 1995 and thereafter, no Road |
16 | | Fund
monies
shall be appropriated to the Secretary of State |
17 | | for the purposes of this
Section in excess of the total fiscal |
18 | | year 1994 Road Fund
appropriations to
the Secretary of State |
19 | | for those purposes. It shall not be lawful to
circumvent this |
20 | | limitation on appropriations by governmental reorganization
or |
21 | | other methods. |
22 | | Beginning with fiscal year 2000, total Road Fund |
23 | | appropriations to the
Secretary of State for the purposes of |
24 | | this Section shall not exceed the
amounts specified for the |
25 | | following fiscal years: |
|
26 | | Fiscal Year 2000 | $80,500,000; | |
|
|
| | HB3817 Enrolled | - 103 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Fiscal Year 2001 | $80,500,000; | |
2 | | Fiscal Year 2002 | $80,500,000; | |
3 | | Fiscal Year 2003 | $130,500,000; | |
4 | | Fiscal Year 2004 | $130,500,000; | |
5 | | Fiscal Year 2005 | $130,500,000;
| |
6 | | Fiscal Year 2006
| $130,500,000;
| |
7 | | Fiscal Year 2007
| $130,500,000;
| |
8 | | Fiscal Year 2008 | $130,500,000; | |
9 | | Fiscal Year 2009 | $130,500,000. |
|
10 | | For fiscal year 2010, no road fund moneys shall be |
11 | | appropriated to the Secretary of State. |
12 | | Beginning in fiscal year 2011, moneys in the Road Fund |
13 | | shall be appropriated to the Secretary of State for the |
14 | | exclusive purpose of paying refunds due to overpayment of fees |
15 | | related to Chapter 3 of the Illinois Vehicle Code unless |
16 | | otherwise provided for by law. |
17 | | It shall not be lawful to circumvent this limitation on |
18 | | appropriations by
governmental reorganization or other |
19 | | methods. |
20 | | No new program may be initiated in fiscal year 1991 and
|
21 | | thereafter that is not consistent with the limitations imposed |
22 | | by this
Section for fiscal year 1984 and thereafter, insofar |
23 | | as appropriation of
Road Fund monies is concerned. |
24 | | Nothing in this Section prohibits transfers from the Road |
25 | | Fund to the
State Construction Account Fund under Section 5e |
26 | | of this Act; nor to the
General Revenue Fund, as authorized by |
|
| | HB3817 Enrolled | - 104 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Public Act 93-25. |
2 | | The additional amounts authorized for expenditure in this |
3 | | Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
|
4 | | shall be repaid to the Road Fund
from the General Revenue Fund |
5 | | in the next succeeding fiscal year that the
General Revenue |
6 | | Fund has a positive budgetary balance, as determined by
|
7 | | generally accepted accounting principles applicable to |
8 | | government. |
9 | | The additional amounts authorized for expenditure by the |
10 | | Secretary of State
and
the Department of State Police in this |
11 | | Section by Public Act 94-91 shall be repaid to the Road Fund |
12 | | from the General Revenue Fund in the
next
succeeding fiscal |
13 | | year that the General Revenue Fund has a positive budgetary
|
14 | | balance,
as determined by generally accepted accounting |
15 | | principles applicable to
government. |
16 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
17 | | 102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-699, eff. |
18 | | 4-19-22; 102-813, eff. 5-13-22.)
|
19 | | (30 ILCS 105/8.12)
(from Ch. 127, par. 144.12)
|
20 | | Sec. 8.12. State Pensions Fund.
|
21 | | (a) The moneys in the State Pensions Fund shall be used |
22 | | exclusively
for the administration of the Revised Uniform |
23 | | Unclaimed Property Act and
for the expenses incurred by the |
24 | | Auditor General for administering the provisions of Section |
25 | | 2-8.1 of the Illinois State Auditing Act and for operational |
|
| | HB3817 Enrolled | - 105 - | LRB103 30519 DTM 56952 b |
|
|
1 | | expenses of the Office of the State Treasurer and for the |
2 | | funding of the unfunded liabilities of the designated |
3 | | retirement systems. For the purposes of this Section, |
4 | | "operational expenses of the Office of the State Treasurer" |
5 | | includes the acquisition of land and buildings in State fiscal |
6 | | years 2019 and 2020 for use by the Office of the State |
7 | | Treasurer, as well as construction, reconstruction, |
8 | | improvement, repair, and maintenance, in accordance with the |
9 | | provisions of laws relating thereto, of such lands and |
10 | | buildings beginning in State fiscal year 2019 and thereafter. |
11 | | Beginning in State fiscal year 2025 2024 , payments to the |
12 | | designated retirement systems under this Section shall be in |
13 | | addition to, and not in lieu of, any State contributions |
14 | | required under the Illinois Pension Code.
|
15 | | "Designated retirement systems" means:
|
16 | | (1) the State Employees' Retirement System of |
17 | | Illinois;
|
18 | | (2) the Teachers' Retirement System of the State of |
19 | | Illinois;
|
20 | | (3) the State Universities Retirement System;
|
21 | | (4) the Judges Retirement System of Illinois; and
|
22 | | (5) the General Assembly Retirement System.
|
23 | | (b) Each year the General Assembly may make appropriations |
24 | | from
the State Pensions Fund for the administration of the |
25 | | Revised Uniform
Unclaimed Property Act.
|
26 | | (c) (Blank). As soon as possible after July 30, 2004 (the |
|
| | HB3817 Enrolled | - 106 - | LRB103 30519 DTM 56952 b |
|
|
1 | | effective date of Public Act 93-839), the General Assembly |
2 | | shall appropriate from the State Pensions Fund (1) to the |
3 | | State Universities Retirement System the amount certified |
4 | | under Section 15-165 during the prior year, (2) to the Judges |
5 | | Retirement System of Illinois the amount certified under |
6 | | Section 18-140 during the prior year, and (3) to the General |
7 | | Assembly Retirement System the amount certified under Section |
8 | | 2-134 during the prior year as part of the required
State |
9 | | contributions to each of those designated retirement systems. |
10 | | If the amount in the State Pensions Fund does not exceed the |
11 | | sum of the amounts certified in Sections 15-165, 18-140, and |
12 | | 2-134 by at least $5,000,000, the amount paid to each |
13 | | designated retirement system under this subsection shall be |
14 | | reduced in proportion to the amount certified by each of those |
15 | | designated retirement systems.
|
16 | | (c-5) For fiscal years 2006 through 2024 2023 , the General |
17 | | Assembly shall appropriate from the State Pensions Fund to the |
18 | | State Universities Retirement System the amount estimated to |
19 | | be available during the fiscal year in the State Pensions |
20 | | Fund; provided, however, that the amounts appropriated under |
21 | | this subsection (c-5) shall not reduce the amount in the State |
22 | | Pensions Fund below $5,000,000.
|
23 | | (c-6) For fiscal year 2025 2024 and each fiscal year |
24 | | thereafter, as soon as may be practical after any money is |
25 | | deposited into the State Pensions Fund from the Unclaimed |
26 | | Property Trust Fund, the State Treasurer shall apportion the |
|
| | HB3817 Enrolled | - 107 - | LRB103 30519 DTM 56952 b |
|
|
1 | | deposited amount among the designated retirement systems as |
2 | | defined in subsection (a) to reduce their actuarial reserve |
3 | | deficiencies. The State Comptroller and State Treasurer shall |
4 | | pay the apportioned amounts to the designated retirement |
5 | | systems to fund the unfunded liabilities of the designated |
6 | | retirement systems. The amount apportioned to each designated |
7 | | retirement system shall constitute a portion of the amount |
8 | | estimated to be available for appropriation from the State |
9 | | Pensions Fund that is the same as that retirement system's |
10 | | portion of the total actual reserve deficiency of the systems, |
11 | | as determined annually by the Governor's Office of Management |
12 | | and Budget at the request of the State Treasurer. The amounts |
13 | | apportioned under this subsection shall not reduce the amount |
14 | | in the State Pensions Fund below $5,000,000. |
15 | | (d) The
Governor's Office of Management and Budget shall |
16 | | determine the individual and total
reserve deficiencies of the |
17 | | designated retirement systems. For this purpose,
the
|
18 | | Governor's Office of Management and Budget shall utilize the |
19 | | latest available audit and actuarial
reports of each of the |
20 | | retirement systems and the relevant reports and
statistics of |
21 | | the Public Employee Pension Fund Division of the Department of
|
22 | | Insurance.
|
23 | | (d-1) (Blank).
|
24 | | (e) The changes to this Section made by Public Act 88-593 |
25 | | shall
first apply to distributions from the Fund for State |
26 | | fiscal year 1996.
|
|
| | HB3817 Enrolled | - 109 - | LRB103 30519 DTM 56952 b |
|
|
1 | | (u) In addition to any other transfers that may be |
2 | | provided for by law, on July 1, 2021, or as soon thereafter as |
3 | | practical, only as directed by the Director of the Governor's |
4 | | Office of Management and Budget, the State Comptroller shall |
5 | | direct and the State Treasurer shall transfer the sum of |
6 | | $5,000,000 from the General Revenue Fund to the DoIT Special |
7 | | Projects Fund, and on June 1, 2022, or as soon thereafter as |
8 | | practical, but no later than June 30, 2022, the State |
9 | | Comptroller shall direct and the State Treasurer shall |
10 | | transfer the sum so transferred from the DoIT Special Projects |
11 | | Fund to the General Revenue Fund. |
12 | | (v) In addition to any other transfers that may be |
13 | | provided for by law, on July 1, 2021, or as soon thereafter as |
14 | | practical, the State Comptroller shall direct and the State |
15 | | Treasurer shall transfer the sum of $500,000 from the General |
16 | | Revenue Fund to the Governor's Administrative Fund. |
17 | | (w) In addition to any other transfers that may be |
18 | | provided for by law, on July 1, 2021, or as soon thereafter as |
19 | | practical, the State Comptroller shall direct and the State |
20 | | Treasurer shall transfer the sum of $500,000 from the General |
21 | | Revenue Fund to the Grant Accountability and Transparency |
22 | | Fund. |
23 | | (x) In addition to any other transfers that may be |
24 | | provided for by law, at a time or times during Fiscal Year 2022 |
25 | | as directed by the Governor, the State Comptroller shall |
26 | | direct and the State Treasurer shall transfer up to a total of |
|
| | HB3817 Enrolled | - 110 - | LRB103 30519 DTM 56952 b |
|
|
1 | | $20,000,000 from the General Revenue Fund to the Illinois |
2 | | Sports Facilities Fund to be credited to the Advance Account |
3 | | within the Fund. |
4 | | (y) In addition to any other transfers that may be |
5 | | provided for by law, on June 15, 2021, or as soon thereafter as |
6 | | practical, but no later than June 30, 2021, the State |
7 | | Comptroller shall direct and the State Treasurer shall |
8 | | transfer the sum of $100,000,000 from the General Revenue Fund |
9 | | to the Technology Management Revolving Fund. |
10 | | (z) In addition to any other transfers that may be |
11 | | provided for by law, on April 19, 2022 (the effective date of |
12 | | Public Act 102-699), or as soon thereafter as practical, but |
13 | | no later than June 30, 2022, the State Comptroller shall |
14 | | direct and the State Treasurer shall transfer the sum of |
15 | | $148,000,000 from the General Revenue Fund to the Build |
16 | | Illinois Bond Fund. |
17 | | (aa) In addition to any other transfers that may be |
18 | | provided for by law, on April 19, 2022 (the effective date of |
19 | | Public Act 102-699), or as soon thereafter as practical, but |
20 | | no later than June 30, 2022, the State Comptroller shall |
21 | | direct and the State Treasurer shall transfer the sum of |
22 | | $180,000,000 from the General Revenue Fund to the Rebuild |
23 | | Illinois Projects Fund. |
24 | | (bb) In addition to any other transfers that may be |
25 | | provided for by law, on July 1, 2022, or as soon thereafter as |
26 | | practical, the State Comptroller shall direct and the State |
|
| | HB3817 Enrolled | - 111 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Treasurer shall transfer the sum of $500,000 from the General |
2 | | Revenue Fund to the Governor's Administrative Fund. |
3 | | (cc) In addition to any other transfers that may be |
4 | | provided for by law, on July 1, 2022, or as soon thereafter as |
5 | | practical, the State Comptroller shall direct and the State |
6 | | Treasurer shall transfer the sum of $500,000 from the General |
7 | | Revenue Fund to the Grant Accountability and Transparency |
8 | | Fund. |
9 | | (dd) In addition to any other transfers that may be |
10 | | provided by law, on April 19, 2022 (the effective date of |
11 | | Public Act 102-700), or as soon thereafter as practical, but |
12 | | no later than June 30, 2022, the State Comptroller shall |
13 | | direct and the State Treasurer shall transfer the sum of |
14 | | $685,000,000 from the General Revenue Fund to the Income Tax |
15 | | Refund Fund. Moneys from this transfer shall be used for the |
16 | | purpose of making the one-time rebate payments provided under |
17 | | Section 212.1 of the Illinois Income Tax Act. |
18 | | (ee) In addition to any other transfers that may be |
19 | | provided by law, beginning on April 19, 2022 (the effective |
20 | | date of Public Act 102-700) and until December 31, 2023, at the |
21 | | direction of the Department of Revenue, the State Comptroller |
22 | | shall direct and the State Treasurer shall transfer from the |
23 | | General Revenue Fund to the Income Tax Refund Fund any amounts |
24 | | needed beyond the amounts transferred in subsection (dd) to |
25 | | make payments of the one-time rebate payments provided under |
26 | | Section 212.1 of the Illinois Income Tax Act. |
|
| | HB3817 Enrolled | - 112 - | LRB103 30519 DTM 56952 b |
|
|
1 | | (ff) In addition to any other transfers that may be |
2 | | provided for by law, on April 19, 2022 (the effective date of |
3 | | Public Act 102-700), or as soon thereafter as practical, but |
4 | | no later than June 30, 2022, the State Comptroller shall |
5 | | direct and the State Treasurer shall transfer the sum of |
6 | | $720,000,000 from the General Revenue Fund to the Budget |
7 | | Stabilization Fund. |
8 | | (gg) In addition to any other transfers that may be |
9 | | provided for by law, on July 1, 2022, or as soon thereafter as |
10 | | practical, the State Comptroller shall direct and the State |
11 | | Treasurer shall transfer the sum of $280,000,000 from the |
12 | | General Revenue Fund to the Budget Stabilization Fund. |
13 | | (hh) In addition to any other transfers that may be |
14 | | provided for by law, on July 1, 2022, or as soon thereafter as |
15 | | practical, the State Comptroller shall direct and the State |
16 | | Treasurer shall transfer the sum of $200,000,000 from the |
17 | | General Revenue Fund to the Pension Stabilization Fund. |
18 | | (ii) In addition to any other transfers that may be |
19 | | provided for by law, on January 1, 2023, or as soon thereafter |
20 | | as practical, the State Comptroller shall direct and the State |
21 | | Treasurer shall transfer the sum of $850,000,000 from the |
22 | | General Revenue Fund to the Budget Stabilization Fund. |
23 | | (jj) In addition to any other transfers that may be |
24 | | provided for by law, at a time or times during Fiscal Year 2023 |
25 | | as directed by the Governor, the State Comptroller shall |
26 | | direct and the State Treasurer shall transfer up to a total of |
|
| | HB3817 Enrolled | - 113 - | LRB103 30519 DTM 56952 b |
|
|
1 | | $400,000,000 from the General Revenue Fund to the Large |
2 | | Business Attraction Fund. |
3 | | (kk) In addition to any other transfers that may be |
4 | | provided for by law, on January 1, 2023, or as soon thereafter |
5 | | as practical, the State Comptroller shall direct and the State |
6 | | Treasurer shall transfer the sum of $72,000,000 from the |
7 | | General Revenue Fund to the Disaster Response and Recovery |
8 | | Fund. |
9 | | (ll) In addition to any other transfers that may be |
10 | | provided for by law, on the effective date of the changes made |
11 | | to this Section by this amendatory Act of the 103rd General |
12 | | Assembly, or as soon thereafter as practical, but no later |
13 | | than June 30, 2023, the State Comptroller shall direct and the |
14 | | State Treasurer shall transfer the sum of $200,000,000 from |
15 | | the General Revenue Fund to the Pension Stabilization Fund. |
16 | | (mm) In addition to any other transfers that may be |
17 | | provided for by law, beginning on the effective date of the |
18 | | changes made to this Section by this amendatory Act of the |
19 | | 103rd General Assembly and until June 30, 2024, as directed by |
20 | | the Governor, the State Comptroller shall direct and the State |
21 | | Treasurer shall transfer up to a total of $1,500,000,000 from |
22 | | the General Revenue Fund to the State Coronavirus Urgent |
23 | | Remediation Emergency Fund. |
24 | | (nn) In addition to any other transfers that may be |
25 | | provided for by law, beginning on the effective date of the |
26 | | changes made to this Section by this amendatory Act of the |
|
| | HB3817 Enrolled | - 114 - | LRB103 30519 DTM 56952 b |
|
|
1 | | 103rd General Assembly and until June 30, 2024, as directed by |
2 | | the Governor, the State Comptroller shall direct and the State |
3 | | Treasurer shall transfer up to a total of $424,000,000 from |
4 | | the General Revenue Fund to the Build Illinois Bond Fund. |
5 | | (oo) In addition to any other transfers that may be |
6 | | provided for by law, on July 1, 2023, or as soon thereafter as |
7 | | practical, the State Comptroller shall direct and the State |
8 | | Treasurer shall transfer the sum of $500,000 from the General |
9 | | Revenue Fund to the Governor's Administrative Fund. |
10 | | (pp) In addition to any other transfers that may be |
11 | | provided for by law, on July 1, 2023, or as soon thereafter as |
12 | | practical, the State Comptroller shall direct and the State |
13 | | Treasurer shall transfer the sum of $500,000 from the General |
14 | | Revenue Fund to the Grant Accountability and Transparency |
15 | | Fund. |
16 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
17 | | 102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 102-700, Article |
18 | | 40, Section 40-5, eff. 4-19-22; 102-700, Article 80, Section |
19 | | 80-5, eff. 4-19-22; 102-1115, eff. 1-9-23.)
|
20 | | (30 ILCS 105/13.2) (from Ch. 127, par. 149.2)
|
21 | | Sec. 13.2. Transfers among line item appropriations. |
22 | | (a) Transfers among line item appropriations from the same
|
23 | | treasury fund for the objects specified in this Section may be |
24 | | made in
the manner provided in this Section when the balance |
25 | | remaining in one or
more such line item appropriations is |
|
| | HB3817 Enrolled | - 115 - | LRB103 30519 DTM 56952 b |
|
|
1 | | insufficient for the purpose for
which the appropriation was |
2 | | made. |
3 | | (a-1) No transfers may be made from one
agency to another |
4 | | agency, nor may transfers be made from one institution
of |
5 | | higher education to another institution of higher education |
6 | | except as provided by subsection (a-4).
|
7 | | (a-2) Except as otherwise provided in this Section, |
8 | | transfers may be made only among the objects of expenditure |
9 | | enumerated
in this Section, except that no funds may be |
10 | | transferred from any
appropriation for personal services, from |
11 | | any appropriation for State
contributions to the State |
12 | | Employees' Retirement System, from any
separate appropriation |
13 | | for employee retirement contributions paid by the
employer, |
14 | | nor from any appropriation for State contribution for
employee |
15 | | group insurance.
|
16 | | (a-2.5) (Blank). |
17 | | (a-3) Further, if an agency receives a separate
|
18 | | appropriation for employee retirement contributions paid by |
19 | | the employer,
any transfer by that agency into an |
20 | | appropriation for personal services
must be accompanied by a |
21 | | corresponding transfer into the appropriation for
employee |
22 | | retirement contributions paid by the employer, in an amount
|
23 | | sufficient to meet the employer share of the employee |
24 | | contributions
required to be remitted to the retirement |
25 | | system. |
26 | | (a-4) Long-Term Care Rebalancing. The Governor may |
|
| | HB3817 Enrolled | - 116 - | LRB103 30519 DTM 56952 b |
|
|
1 | | designate amounts set aside for institutional services |
2 | | appropriated from the General Revenue Fund or any other State |
3 | | fund that receives monies for long-term care services to be |
4 | | transferred to all State agencies responsible for the |
5 | | administration of community-based long-term care programs, |
6 | | including, but not limited to, community-based long-term care |
7 | | programs administered by the Department of Healthcare and |
8 | | Family Services, the Department of Human Services, and the |
9 | | Department on Aging, provided that the Director of Healthcare |
10 | | and Family Services first certifies that the amounts being |
11 | | transferred are necessary for the purpose of assisting persons |
12 | | in or at risk of being in institutional care to transition to |
13 | | community-based settings, including the financial data needed |
14 | | to prove the need for the transfer of funds. The total amounts |
15 | | transferred shall not exceed 4% in total of the amounts |
16 | | appropriated from the General Revenue Fund or any other State |
17 | | fund that receives monies for long-term care services for each |
18 | | fiscal year. A notice of the fund transfer must be made to the |
19 | | General Assembly and posted at a minimum on the Department of |
20 | | Healthcare and Family Services website, the Governor's Office |
21 | | of Management and Budget website, and any other website the |
22 | | Governor sees fit. These postings shall serve as notice to the |
23 | | General Assembly of the amounts to be transferred. Notice |
24 | | shall be given at least 30 days prior to transfer. |
25 | | (b) In addition to the general transfer authority provided |
26 | | under
subsection (c), the following agencies have the specific |
|
| | HB3817 Enrolled | - 117 - | LRB103 30519 DTM 56952 b |
|
|
1 | | transfer authority
granted in this subsection: |
2 | | The Department of Healthcare and Family Services is |
3 | | authorized to make transfers
representing savings attributable |
4 | | to not increasing grants due to the
births of additional |
5 | | children from line items for payments of cash grants to
line |
6 | | items for payments for employment and social services for the |
7 | | purposes
outlined in subsection (f) of Section 4-2 of the |
8 | | Illinois Public Aid Code. |
9 | | The Department of Children and Family Services is |
10 | | authorized to make
transfers not exceeding 2% of the aggregate |
11 | | amount appropriated to it within
the same treasury fund for |
12 | | the following line items among these same line
items: Foster |
13 | | Home and Specialized Foster Care and Prevention, Institutions
|
14 | | and Group Homes and Prevention, and Purchase of Adoption and |
15 | | Guardianship
Services. |
16 | | The Department on Aging is authorized to make transfers |
17 | | not
exceeding 10% of the aggregate amount appropriated to it |
18 | | within the same
treasury fund for the following Community Care |
19 | | Program line items among these
same line items: purchase of |
20 | | services covered by the Community Care Program and |
21 | | Comprehensive Case Coordination. |
22 | | The State Board of Education is authorized to make |
23 | | transfers from line item appropriations within the same |
24 | | treasury fund for General State Aid, General State Aid - Hold |
25 | | Harmless, and Evidence-Based Funding, provided that no such |
26 | | transfer may be made unless the amount transferred is no |
|
| | HB3817 Enrolled | - 118 - | LRB103 30519 DTM 56952 b |
|
|
1 | | longer required for the purpose for which that appropriation |
2 | | was made, to the line item appropriation for Transitional |
3 | | Assistance when the balance remaining in such line item |
4 | | appropriation is insufficient for the purpose for which the |
5 | | appropriation was made. |
6 | | The State Board of Education is authorized to make |
7 | | transfers between the following line item appropriations |
8 | | within the same treasury fund: Disabled Student |
9 | | Services/Materials (Section 14-13.01 of the School Code), |
10 | | Disabled Student Transportation Reimbursement (Section |
11 | | 14-13.01 of the School Code), Disabled Student Tuition - |
12 | | Private Tuition (Section 14-7.02 of the School Code), |
13 | | Extraordinary Special Education (Section 14-7.02b of the |
14 | | School Code), Reimbursement for Free Lunch/Breakfast Program, |
15 | | Summer School Payments (Section 18-4.3 of the School Code), |
16 | | and Transportation - Regular/Vocational Reimbursement (Section |
17 | | 29-5 of the School Code). Such transfers shall be made only |
18 | | when the balance remaining in one or more such line item |
19 | | appropriations is insufficient for the purpose for which the |
20 | | appropriation was made and provided that no such transfer may |
21 | | be made unless the amount transferred is no longer required |
22 | | for the purpose for which that appropriation was made. |
23 | | The Department of Healthcare and Family Services is |
24 | | authorized to make transfers not exceeding 4% of the aggregate |
25 | | amount appropriated to it, within the same treasury fund, |
26 | | among the various line items appropriated for Medical |
|
| | HB3817 Enrolled | - 119 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Assistance. |
2 | | The Department of Central Management Services is |
3 | | authorized to make transfers not exceeding 2% of the aggregate |
4 | | amount appropriated to it, within the same treasury fund, from |
5 | | the various line items appropriated to the Department, into |
6 | | the following line item appropriations: auto liability claims |
7 | | and related expenses and payment of claims under the State |
8 | | Employee Indemnification Act. |
9 | | (c) The sum of such transfers for an agency in a fiscal |
10 | | year shall not
exceed 2% of the aggregate amount appropriated |
11 | | to it within the same treasury
fund for the following objects: |
12 | | Personal Services; Extra Help; Student and
Inmate |
13 | | Compensation; State Contributions to Retirement Systems; State
|
14 | | Contributions to Social Security; State Contribution for |
15 | | Employee Group
Insurance; Contractual Services; Travel; |
16 | | Commodities; Printing; Equipment;
Electronic Data Processing; |
17 | | Operation of Automotive Equipment;
Telecommunications |
18 | | Services; Travel and Allowance for Committed, Paroled
and |
19 | | Discharged Prisoners; Library Books; Federal Matching Grants |
20 | | for
Student Loans; Refunds; Workers' Compensation, |
21 | | Occupational Disease, and
Tort Claims; Late Interest Penalties |
22 | | under the State Prompt Payment Act and Sections 368a and 370a |
23 | | of the Illinois Insurance Code; and, in appropriations to |
24 | | institutions of higher education,
Awards and Grants. |
25 | | Notwithstanding the above, any amounts appropriated for
|
26 | | payment of workers' compensation claims to an agency to which |
|
| | HB3817 Enrolled | - 120 - | LRB103 30519 DTM 56952 b |
|
|
1 | | the authority
to evaluate, administer and pay such claims has |
2 | | been delegated by the
Department of Central Management |
3 | | Services may be transferred to any other
expenditure object |
4 | | where such amounts exceed the amount necessary for the
payment |
5 | | of such claims. |
6 | | (c-1) (Blank). |
7 | | (c-2) (Blank).
|
8 | | (c-3) (Blank). |
9 | | (c-4) (Blank). |
10 | | (c-5) (Blank). |
11 | | (c-6) (Blank). |
12 | | (c-7) (Blank). |
13 | | (c-8) (Blank). Special provisions for State fiscal year |
14 | | 2022. Notwithstanding any other provision of this Section, for |
15 | | State fiscal year 2022, transfers among line item |
16 | | appropriations to a State agency from the same State treasury |
17 | | fund may be made for operational or lump sum expenses only, |
18 | | provided that the sum of such transfers for a State agency in |
19 | | State fiscal year 2022 shall not exceed 4% of the aggregate |
20 | | amount appropriated to that State agency for operational or |
21 | | lump sum expenses for State fiscal year 2022. For the purpose |
22 | | of this subsection, "operational or lump sum expenses" |
23 | | includes the following objects: personal services; extra help; |
24 | | student and inmate compensation; State contributions to |
25 | | retirement systems; State contributions to social security; |
26 | | State contributions for employee group insurance; contractual |
|
| | HB3817 Enrolled | - 121 - | LRB103 30519 DTM 56952 b |
|
|
1 | | services; travel; commodities; printing; equipment; electronic |
2 | | data processing; operation of automotive equipment; |
3 | | telecommunications services; travel and allowance for |
4 | | committed, paroled, and discharged prisoners; library books; |
5 | | federal matching grants for student loans; refunds; workers' |
6 | | compensation, occupational disease, and tort claims; Late |
7 | | Interest Penalties under the State Prompt Payment Act and |
8 | | Sections 368a and 370a of the Illinois Insurance Code; lump |
9 | | sum and other purposes; and lump sum operations. For the |
10 | | purpose of this subsection, "State agency" does not include |
11 | | the Attorney General, the Secretary of State, the Comptroller, |
12 | | the Treasurer, or the judicial or legislative branches. |
13 | | (c-9) Special provisions for State fiscal year 2023. |
14 | | Notwithstanding any other provision of this Section, for State |
15 | | fiscal year 2023, transfers among line item appropriations to |
16 | | a State agency from the same State treasury fund may be made |
17 | | for operational or lump sum expenses only, provided that the |
18 | | sum of such transfers for a State agency in State fiscal year |
19 | | 2023 shall not exceed 4% of the aggregate amount appropriated |
20 | | to that State agency for operational or lump sum expenses for |
21 | | State fiscal year 2023. For the purpose of this subsection, |
22 | | "operational or lump sum expenses" includes the following |
23 | | objects: personal services; extra help; student and inmate |
24 | | compensation; State contributions to retirement systems; State |
25 | | contributions to social security; State contributions for |
26 | | employee group insurance; contractual services; travel; |
|
| | HB3817 Enrolled | - 122 - | LRB103 30519 DTM 56952 b |
|
|
1 | | commodities; printing; equipment; electronic data processing; |
2 | | operation of automotive equipment; telecommunications |
3 | | services; travel and allowance for committed, paroled, and |
4 | | discharged prisoners; library books; federal matching grants |
5 | | for student loans; refunds; workers' compensation, |
6 | | occupational disease, and tort claims; late interest penalties |
7 | | under the State Prompt Payment Act and Sections 368a and 370a |
8 | | of the Illinois Insurance Code; lump sum and other purposes; |
9 | | and lump sum operations. For the purpose of this subsection, |
10 | | "State agency" does not include the Attorney General, the |
11 | | Secretary of State, the Comptroller, the Treasurer, or the |
12 | | judicial or legislative branches. |
13 | | (c-10) Special provisions for State fiscal year 2024. |
14 | | Notwithstanding any other provision of this Section, for State |
15 | | fiscal year 2024, transfers among line item appropriations to |
16 | | a State agency from the same State treasury fund may be made |
17 | | for operational or lump sum expenses only, provided that the |
18 | | sum of such transfers for a State agency in State fiscal year |
19 | | 2024 shall not exceed 8% of the aggregate amount appropriated |
20 | | to that State agency for operational or lump sum expenses for |
21 | | State fiscal year 2024. For the purpose of this subsection, |
22 | | "operational or lump sum expenses" includes the following |
23 | | objects: personal services; extra help; student and inmate |
24 | | compensation; State contributions to retirement systems; State |
25 | | contributions to social security; State contributions for |
26 | | employee group insurance; contractual services; travel; |
|
| | HB3817 Enrolled | - 123 - | LRB103 30519 DTM 56952 b |
|
|
1 | | commodities; printing; equipment; electronic data processing; |
2 | | operation of automotive equipment; telecommunications |
3 | | services; travel and allowance for committed, paroled, and |
4 | | discharged prisoners; library books; federal matching grants |
5 | | for student loans; refunds; workers' compensation, |
6 | | occupational disease, and tort claims; late interest penalties |
7 | | under the State Prompt Payment Act and Sections 368a and 370a |
8 | | of the Illinois Insurance Code; lump sum and other purposes; |
9 | | and lump sum operations. For the purpose of this subsection, |
10 | | "State agency" does not include the Attorney General, the |
11 | | Secretary of State, the Comptroller, the Treasurer, or the |
12 | | judicial or legislative branches. |
13 | | (d) Transfers among appropriations made to agencies of the |
14 | | Legislative
and Judicial departments and to the |
15 | | constitutionally elected officers in the
Executive branch |
16 | | require the approval of the officer authorized in Section 10
|
17 | | of this Act to approve and certify vouchers. Transfers among |
18 | | appropriations
made to the University of Illinois, Southern |
19 | | Illinois University, Chicago State
University, Eastern |
20 | | Illinois University, Governors State University, Illinois
|
21 | | State University, Northeastern Illinois University, Northern |
22 | | Illinois
University, Western Illinois University, the Illinois |
23 | | Mathematics and Science
Academy and the Board of Higher |
24 | | Education require the approval of the Board of
Higher |
25 | | Education and the Governor. Transfers among appropriations to |
26 | | all other
agencies require the approval of the Governor. |
|
| | HB3817 Enrolled | - 124 - | LRB103 30519 DTM 56952 b |
|
|
1 | | The officer responsible for approval shall certify that |
2 | | the
transfer is necessary to carry out the programs and |
3 | | purposes for which
the appropriations were made by the General |
4 | | Assembly and shall transmit
to the State Comptroller a |
5 | | certified copy of the approval which shall
set forth the |
6 | | specific amounts transferred so that the Comptroller may
|
7 | | change his records accordingly. The Comptroller shall furnish |
8 | | the
Governor with information copies of all transfers approved |
9 | | for agencies
of the Legislative and Judicial departments and |
10 | | transfers approved by
the constitutionally elected officials |
11 | | of the Executive branch other
than the Governor, showing the |
12 | | amounts transferred and indicating the
dates such changes were |
13 | | entered on the Comptroller's records. |
14 | | (e) The State Board of Education, in consultation with the |
15 | | State Comptroller, may transfer line item appropriations for |
16 | | General State Aid or Evidence-Based Funding among the Common |
17 | | School Fund and the Education Assistance Fund, and, for State |
18 | | fiscal year 2020 and each fiscal year thereafter, the Fund for |
19 | | the Advancement of Education. With the advice and consent of |
20 | | the Governor's Office of Management and Budget, the State |
21 | | Board of Education, in consultation with the State |
22 | | Comptroller, may transfer line item appropriations between the |
23 | | General Revenue Fund and the Education Assistance Fund for the |
24 | | following programs: |
25 | | (1) Disabled Student Personnel Reimbursement (Section |
26 | | 14-13.01 of the School Code); |
|
| | HB3817 Enrolled | - 125 - | LRB103 30519 DTM 56952 b |
|
|
1 | | (2) Disabled Student Transportation Reimbursement |
2 | | (subsection (b) of Section 14-13.01 of the School Code); |
3 | | (3) Disabled Student Tuition - Private Tuition |
4 | | (Section 14-7.02 of the School Code); |
5 | | (4) Extraordinary Special Education (Section 14-7.02b |
6 | | of the School Code); |
7 | | (5) Reimbursement for Free Lunch/Breakfast Programs; |
8 | | (6) Summer School Payments (Section 18-4.3 of the |
9 | | School Code); |
10 | | (7) Transportation - Regular/Vocational Reimbursement |
11 | | (Section 29-5 of the School Code); |
12 | | (8) Regular Education Reimbursement (Section 18-3 of |
13 | | the School Code); and |
14 | | (9) Special Education Reimbursement (Section 14-7.03 |
15 | | of the School Code). |
16 | | (f) For State fiscal year 2020 and each fiscal year |
17 | | thereafter, the Department on Aging, in consultation with the |
18 | | State Comptroller, with the advice and consent of the |
19 | | Governor's Office of Management and Budget, may transfer line |
20 | | item appropriations for purchase of services covered by the |
21 | | Community Care Program between the General Revenue Fund and |
22 | | the Commitment to Human Services Fund. |
23 | | (g) For State fiscal year 2024 and each fiscal year |
24 | | thereafter, if requested by an agency chief executive officer |
25 | | and authorized and approved by the Comptroller, the |
26 | | Comptroller may direct and the Treasurer shall transfer funds |
|
| | HB3817 Enrolled | - 126 - | LRB103 30519 DTM 56952 b |
|
|
1 | | from the General Revenue Fund to fund payroll expenses that |
2 | | meet the payroll transaction exception criteria as defined by |
3 | | the Comptroller in the Statewide Accounting Management System |
4 | | (SAMS) Manual. The agency shall then transfer these funds back |
5 | | to the General Revenue Fund within 7 days. |
6 | | (Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; |
7 | | 101-275, eff. 8-9-19; 101-636, eff. 6-10-20; 102-16, eff. |
8 | | 6-17-21; 102-699, eff. 4-19-22.)
|
9 | | (30 ILCS 105/25) (from Ch. 127, par. 161)
|
10 | | Sec. 25. Fiscal year limitations.
|
11 | | (a) All appropriations shall be
available for expenditure |
12 | | for the fiscal year or for a lesser period if the
Act making |
13 | | that appropriation so specifies. A deficiency or emergency
|
14 | | appropriation shall be available for expenditure only through |
15 | | June 30 of
the year when the Act making that appropriation is |
16 | | enacted unless that Act
otherwise provides.
|
17 | | (b) Outstanding liabilities as of June 30, payable from |
18 | | appropriations
which have otherwise expired, may be paid out |
19 | | of the expiring
appropriations during the 2-month period |
20 | | ending at the
close of business on August 31. Any service |
21 | | involving
professional or artistic skills or any personal |
22 | | services by an employee whose
compensation is subject to |
23 | | income tax withholding must be performed as of June
30 of the |
24 | | fiscal year in order to be considered an "outstanding |
25 | | liability as of
June 30" that is thereby eligible for payment |
|
| | HB3817 Enrolled | - 127 - | LRB103 30519 DTM 56952 b |
|
|
1 | | out of the expiring
appropriation.
|
2 | | (b-1) However, payment of tuition reimbursement claims |
3 | | under Section 14-7.03 or
18-3 of the School Code may be made by |
4 | | the State Board of Education from its
appropriations for those |
5 | | respective purposes for any fiscal year, even though
the |
6 | | claims reimbursed by the payment may be claims attributable to |
7 | | a prior
fiscal year, and payments may be made at the direction |
8 | | of the State
Superintendent of Education from the fund from |
9 | | which the appropriation is made
without regard to any fiscal |
10 | | year limitations, except as required by subsection (j) of this |
11 | | Section. Beginning on June 30, 2021, payment of tuition |
12 | | reimbursement claims under Section 14-7.03 or 18-3 of the |
13 | | School Code as of June 30, payable from appropriations that |
14 | | have otherwise expired, may be paid out of the expiring |
15 | | appropriation during the 4-month period ending at the close of |
16 | | business on October 31.
|
17 | | (b-2) (Blank). |
18 | | (b-2.5) (Blank). |
19 | | (b-2.6) (Blank). |
20 | | (b-2.6a) (Blank). |
21 | | (b-2.6b) (Blank). |
22 | | (b-2.6c) (Blank). |
23 | | (b-2.6d) All outstanding liabilities as of June 30, 2020, |
24 | | payable from appropriations that would otherwise expire at the |
25 | | conclusion of the lapse period for fiscal year 2020, and |
26 | | interest penalties payable on those liabilities under the |
|
| | HB3817 Enrolled | - 128 - | LRB103 30519 DTM 56952 b |
|
|
1 | | State Prompt Payment Act, may be paid out of the expiring |
2 | | appropriations until December 31, 2020, without regard to the |
3 | | fiscal year in which the payment is made, as long as vouchers |
4 | | for the liabilities are received by the Comptroller no later |
5 | | than September 30, 2020. |
6 | | (b-2.6e) All outstanding liabilities as of June 30, 2021, |
7 | | payable from appropriations that would otherwise expire at the |
8 | | conclusion of the lapse period for fiscal year 2021, and |
9 | | interest penalties payable on those liabilities under the |
10 | | State Prompt Payment Act, may be paid out of the expiring |
11 | | appropriations until September 30, 2021, without regard to the |
12 | | fiscal year in which the payment is made. |
13 | | (b-2.7) For fiscal years 2012, 2013, 2014, 2018, and each |
14 | | fiscal year thereafter 2019, 2020, 2021, 2022, and 2023 , |
15 | | interest penalties payable under the State Prompt Payment Act |
16 | | associated with a voucher for which payment is issued after |
17 | | June 30 may be paid out of the next fiscal year's |
18 | | appropriation. The future year appropriation must be for the |
19 | | same purpose and from the same fund as the original payment. An |
20 | | interest penalty voucher submitted against a future year |
21 | | appropriation must be submitted within 60 days after the |
22 | | issuance of the associated voucher, except that, for fiscal |
23 | | year 2018 only, an interest penalty voucher submitted against |
24 | | a future year appropriation must be submitted within 60 days |
25 | | of June 5, 2019 (the effective date of Public Act 101-10). The |
26 | | Comptroller must issue the interest payment within 60 days |
|
| | HB3817 Enrolled | - 129 - | LRB103 30519 DTM 56952 b |
|
|
1 | | after acceptance of the interest voucher. |
2 | | (b-3) Medical payments may be made by the Department of |
3 | | Veterans' Affairs from
its
appropriations for those purposes |
4 | | for any fiscal year, without regard to the
fact that the |
5 | | medical services being compensated for by such payment may |
6 | | have
been rendered in a prior fiscal year, except as required |
7 | | by subsection (j) of this Section. Beginning on June 30, 2021, |
8 | | medical payments payable from appropriations that have |
9 | | otherwise expired may be paid out of the expiring |
10 | | appropriation during the 4-month period ending at the close of |
11 | | business on October 31.
|
12 | | (b-4) Medical payments and child care
payments may be made |
13 | | by the Department of
Human Services (as successor to the |
14 | | Department of Public Aid) from
appropriations for those |
15 | | purposes for any fiscal year,
without regard to the fact that |
16 | | the medical or child care services being
compensated for by |
17 | | such payment may have been rendered in a prior fiscal
year; and |
18 | | payments may be made at the direction of the Department of
|
19 | | Healthcare and Family Services (or successor agency) from the |
20 | | Health Insurance Reserve Fund without regard to any fiscal
|
21 | | year limitations, except as required by subsection (j) of this |
22 | | Section. Beginning on June 30, 2021, medical and child care |
23 | | payments made by the Department of Human Services and payments |
24 | | made at the discretion of the Department of Healthcare and |
25 | | Family Services (or successor agency) from the Health |
26 | | Insurance Reserve Fund and payable from appropriations that |
|
| | HB3817 Enrolled | - 130 - | LRB103 30519 DTM 56952 b |
|
|
1 | | have otherwise expired may be paid out of the expiring |
2 | | appropriation during the 4-month period ending at the close of |
3 | | business on October 31.
|
4 | | (b-5) Medical payments may be made by the Department of |
5 | | Human Services from its appropriations relating to substance |
6 | | abuse treatment services for any fiscal year, without regard |
7 | | to the fact that the medical services being compensated for by |
8 | | such payment may have been rendered in a prior fiscal year, |
9 | | provided the payments are made on a fee-for-service basis |
10 | | consistent with requirements established for Medicaid |
11 | | reimbursement by the Department of Healthcare and Family |
12 | | Services, except as required by subsection (j) of this |
13 | | Section. Beginning on June 30, 2021, medical payments made by |
14 | | the Department of Human Services relating to substance abuse |
15 | | treatment services payable from appropriations that have |
16 | | otherwise expired may be paid out of the expiring |
17 | | appropriation during the 4-month period ending at the close of |
18 | | business on October 31. |
19 | | (b-6) (Blank).
|
20 | | (b-7) Payments may be made in accordance with a plan |
21 | | authorized by paragraph (11) or (12) of Section 405-105 of the |
22 | | Department of Central Management Services Law from |
23 | | appropriations for those payments without regard to fiscal |
24 | | year limitations. |
25 | | (b-8) Reimbursements to eligible airport sponsors for the |
26 | | construction or upgrading of Automated Weather Observation |
|
| | HB3817 Enrolled | - 131 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Systems may be made by the Department of Transportation from |
2 | | appropriations for those purposes for any fiscal year, without |
3 | | regard to the fact that the qualification or obligation may |
4 | | have occurred in a prior fiscal year, provided that at the time |
5 | | the expenditure was made the project had been approved by the |
6 | | Department of Transportation prior to June 1, 2012 and, as a |
7 | | result of recent changes in federal funding formulas, can no |
8 | | longer receive federal reimbursement. |
9 | | (b-9) (Blank). |
10 | | (c) Further, payments may be made by the Department of |
11 | | Public Health and the
Department of Human Services (acting as |
12 | | successor to the Department of Public
Health under the |
13 | | Department of Human Services Act)
from their respective |
14 | | appropriations for grants for medical care to or on
behalf of |
15 | | premature and high-mortality risk infants and their mothers |
16 | | and
for grants for supplemental food supplies provided under |
17 | | the United States
Department of Agriculture Women, Infants and |
18 | | Children Nutrition Program,
for any fiscal year without regard |
19 | | to the fact that the services being
compensated for by such |
20 | | payment may have been rendered in a prior fiscal year, except |
21 | | as required by subsection (j) of this Section. Beginning on |
22 | | June 30, 2021, payments made by the Department of Public |
23 | | Health and the Department of Human Services from their |
24 | | respective appropriations for grants for medical care to or on |
25 | | behalf of premature and high-mortality risk infants and their |
26 | | mothers and for grants for supplemental food supplies provided |
|
| | HB3817 Enrolled | - 132 - | LRB103 30519 DTM 56952 b |
|
|
1 | | under the United States Department of Agriculture Women, |
2 | | Infants and Children Nutrition Program payable from |
3 | | appropriations that have otherwise expired may be paid out of |
4 | | the expiring appropriations during the 4-month period ending |
5 | | at the close of business on October 31.
|
6 | | (d) The Department of Public Health and the Department of |
7 | | Human Services
(acting as successor to the Department of |
8 | | Public Health under the Department of
Human Services Act) |
9 | | shall each annually submit to the State Comptroller, Senate
|
10 | | President, Senate
Minority Leader, Speaker of the House, House |
11 | | Minority Leader, and the
respective Chairmen and Minority |
12 | | Spokesmen of the
Appropriations Committees of the Senate and |
13 | | the House, on or before
December 31, a report of fiscal year |
14 | | funds used to pay for services
provided in any prior fiscal |
15 | | year. This report shall document by program or
service |
16 | | category those expenditures from the most recently completed |
17 | | fiscal
year used to pay for services provided in prior fiscal |
18 | | years.
|
19 | | (e) The Department of Healthcare and Family Services, the |
20 | | Department of Human Services
(acting as successor to the |
21 | | Department of Public Aid), and the Department of Human |
22 | | Services making fee-for-service payments relating to substance |
23 | | abuse treatment services provided during a previous fiscal |
24 | | year shall each annually
submit to the State
Comptroller, |
25 | | Senate President, Senate Minority Leader, Speaker of the |
26 | | House,
House Minority Leader, the respective Chairmen and |
|
| | HB3817 Enrolled | - 133 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Minority Spokesmen of the
Appropriations Committees of the |
2 | | Senate and the House, on or before November
30, a report that |
3 | | shall document by program or service category those
|
4 | | expenditures from the most recently completed fiscal year used |
5 | | to pay for (i)
services provided in prior fiscal years and (ii) |
6 | | services for which claims were
received in prior fiscal years.
|
7 | | (f) The Department of Human Services (as successor to the |
8 | | Department of
Public Aid) shall annually submit to the State
|
9 | | Comptroller, Senate President, Senate Minority Leader, Speaker |
10 | | of the House,
House Minority Leader, and the respective |
11 | | Chairmen and Minority Spokesmen of
the Appropriations |
12 | | Committees of the Senate and the House, on or before
December |
13 | | 31, a report
of fiscal year funds used to pay for services |
14 | | (other than medical care)
provided in any prior fiscal year. |
15 | | This report shall document by program or
service category |
16 | | those expenditures from the most recently completed fiscal
|
17 | | year used to pay for services provided in prior fiscal years.
|
18 | | (g) In addition, each annual report required to be |
19 | | submitted by the
Department of Healthcare and Family Services |
20 | | under subsection (e) shall include the following
information |
21 | | with respect to the State's Medicaid program:
|
22 | | (1) Explanations of the exact causes of the variance |
23 | | between the previous
year's estimated and actual |
24 | | liabilities.
|
25 | | (2) Factors affecting the Department of Healthcare and |
26 | | Family Services' liabilities,
including, but not limited |
|
| | HB3817 Enrolled | - 134 - | LRB103 30519 DTM 56952 b |
|
|
1 | | to, numbers of aid recipients, levels of medical
service |
2 | | utilization by aid recipients, and inflation in the cost |
3 | | of medical
services.
|
4 | | (3) The results of the Department's efforts to combat |
5 | | fraud and abuse.
|
6 | | (h) As provided in Section 4 of the General Assembly |
7 | | Compensation Act,
any utility bill for service provided to a |
8 | | General Assembly
member's district office for a period |
9 | | including portions of 2 consecutive
fiscal years may be paid |
10 | | from funds appropriated for such expenditure in
either fiscal |
11 | | year.
|
12 | | (i) An agency which administers a fund classified by the |
13 | | Comptroller as an
internal service fund may issue rules for:
|
14 | | (1) billing user agencies in advance for payments or |
15 | | authorized inter-fund transfers
based on estimated charges |
16 | | for goods or services;
|
17 | | (2) issuing credits, refunding through inter-fund |
18 | | transfers, or reducing future inter-fund transfers
during
|
19 | | the subsequent fiscal year for all user agency payments or |
20 | | authorized inter-fund transfers received during the
prior |
21 | | fiscal year which were in excess of the final amounts owed |
22 | | by the user
agency for that period; and
|
23 | | (3) issuing catch-up billings to user agencies
during |
24 | | the subsequent fiscal year for amounts remaining due when |
25 | | payments or authorized inter-fund transfers
received from |
26 | | the user agency during the prior fiscal year were less |
|
| | HB3817 Enrolled | - 135 - | LRB103 30519 DTM 56952 b |
|
|
1 | | than the
total amount owed for that period.
|
2 | | User agencies are authorized to reimburse internal service |
3 | | funds for catch-up
billings by vouchers drawn against their |
4 | | respective appropriations for the
fiscal year in which the |
5 | | catch-up billing was issued or by increasing an authorized |
6 | | inter-fund transfer during the current fiscal year. For the |
7 | | purposes of this Act, "inter-fund transfers" means transfers |
8 | | without the use of the voucher-warrant process, as authorized |
9 | | by Section 9.01 of the State Comptroller Act.
|
10 | | (i-1) Beginning on July 1, 2021, all outstanding |
11 | | liabilities, not payable during the 4-month lapse period as |
12 | | described in subsections (b-1), (b-3), (b-4), (b-5), and (c) |
13 | | of this Section, that are made from appropriations for that |
14 | | purpose for any fiscal year, without regard to the fact that |
15 | | the services being compensated for by those payments may have |
16 | | been rendered in a prior fiscal year, are limited to only those |
17 | | claims that have been incurred but for which a proper bill or |
18 | | invoice as defined by the State Prompt Payment Act has not been |
19 | | received by September 30th following the end of the fiscal |
20 | | year in which the service was rendered. |
21 | | (j) Notwithstanding any other provision of this Act, the |
22 | | aggregate amount of payments to be made without regard for |
23 | | fiscal year limitations as contained in subsections (b-1), |
24 | | (b-3), (b-4), (b-5), and (c) of this Section, and determined |
25 | | by using Generally Accepted Accounting Principles, shall not |
26 | | exceed the following amounts: |
|
| | HB3817 Enrolled | - 136 - | LRB103 30519 DTM 56952 b |
|
|
1 | | (1) $6,000,000,000 for outstanding liabilities related |
2 | | to fiscal year 2012; |
3 | | (2) $5,300,000,000 for outstanding liabilities related |
4 | | to fiscal year 2013; |
5 | | (3) $4,600,000,000 for outstanding liabilities related |
6 | | to fiscal year 2014; |
7 | | (4) $4,000,000,000 for outstanding liabilities related |
8 | | to fiscal year 2015; |
9 | | (5) $3,300,000,000 for outstanding liabilities related |
10 | | to fiscal year 2016; |
11 | | (6) $2,600,000,000 for outstanding liabilities related |
12 | | to fiscal year 2017; |
13 | | (7) $2,000,000,000 for outstanding liabilities related |
14 | | to fiscal year 2018; |
15 | | (8) $1,300,000,000 for outstanding liabilities related |
16 | | to fiscal year 2019; |
17 | | (9) $600,000,000 for outstanding liabilities related |
18 | | to fiscal year 2020; and |
19 | | (10) $0 for outstanding liabilities related to fiscal |
20 | | year 2021 and fiscal years thereafter. |
21 | | (k) Department of Healthcare and Family Services Medical |
22 | | Assistance Payments. |
23 | | (1) Definition of Medical Assistance. |
24 | | For purposes of this subsection, the term "Medical |
25 | | Assistance" shall include, but not necessarily be |
26 | | limited to, medical programs and services authorized |
|
| | HB3817 Enrolled | - 137 - | LRB103 30519 DTM 56952 b |
|
|
1 | | under Titles XIX and XXI of the Social Security Act, |
2 | | the Illinois Public Aid Code, the Children's Health |
3 | | Insurance Program Act, the Covering ALL KIDS Health |
4 | | Insurance Act, the Long Term Acute Care Hospital |
5 | | Quality Improvement Transfer Program Act, and medical |
6 | | care to or on behalf of persons suffering from chronic |
7 | | renal disease, persons suffering from hemophilia, and |
8 | | victims of sexual assault. |
9 | | (2) Limitations on Medical Assistance payments that |
10 | | may be paid from future fiscal year appropriations. |
11 | | (A) The maximum amounts of annual unpaid Medical |
12 | | Assistance bills received and recorded by the |
13 | | Department of Healthcare and Family Services on or |
14 | | before June 30th of a particular fiscal year |
15 | | attributable in aggregate to the General Revenue Fund, |
16 | | Healthcare Provider Relief Fund, Tobacco Settlement |
17 | | Recovery Fund, Long-Term Care Provider Fund, and the |
18 | | Drug Rebate Fund that may be paid in total by the |
19 | | Department from future fiscal year Medical Assistance |
20 | | appropriations to those funds are:
$700,000,000 for |
21 | | fiscal year 2013 and $100,000,000 for fiscal year 2014 |
22 | | and each fiscal year thereafter. |
23 | | (B) Bills for Medical Assistance services rendered |
24 | | in a particular fiscal year, but received and recorded |
25 | | by the Department of Healthcare and Family Services |
26 | | after June 30th of that fiscal year, may be paid from |
|
| | HB3817 Enrolled | - 138 - | LRB103 30519 DTM 56952 b |
|
|
1 | | either appropriations for that fiscal year or future |
2 | | fiscal year appropriations for Medical Assistance. |
3 | | Such payments shall not be subject to the requirements |
4 | | of subparagraph (A). |
5 | | (C) Medical Assistance bills received by the |
6 | | Department of Healthcare and Family Services in a |
7 | | particular fiscal year, but subject to payment amount |
8 | | adjustments in a future fiscal year may be paid from a |
9 | | future fiscal year's appropriation for Medical |
10 | | Assistance. Such payments shall not be subject to the |
11 | | requirements of subparagraph (A). |
12 | | (D) Medical Assistance payments made by the |
13 | | Department of Healthcare and Family Services from |
14 | | funds other than those specifically referenced in |
15 | | subparagraph (A) may be made from appropriations for |
16 | | those purposes for any fiscal year without regard to |
17 | | the fact that the Medical Assistance services being |
18 | | compensated for by such payment may have been rendered |
19 | | in a prior fiscal year. Such payments shall not be |
20 | | subject to the requirements of subparagraph (A). |
21 | | (3) Extended lapse period for Department of Healthcare |
22 | | and Family Services Medical Assistance payments. |
23 | | Notwithstanding any other State law to the contrary, |
24 | | outstanding Department of Healthcare and Family Services |
25 | | Medical Assistance liabilities, as of June 30th, payable |
26 | | from appropriations which have otherwise expired, may be |
|
| | HB3817 Enrolled | - 139 - | LRB103 30519 DTM 56952 b |
|
|
1 | | paid out of the expiring appropriations during the 4-month |
2 | | period ending at the close of business on October 31st. |
3 | | (l) The changes to this Section made by Public Act 97-691 |
4 | | shall be effective for payment of Medical Assistance bills |
5 | | incurred in fiscal year 2013 and future fiscal years. The |
6 | | changes to this Section made by Public Act 97-691 shall not be |
7 | | applied to Medical Assistance bills incurred in fiscal year |
8 | | 2012 or prior fiscal years. |
9 | | (m) The Comptroller must issue payments against |
10 | | outstanding liabilities that were received prior to the lapse |
11 | | period deadlines set forth in this Section as soon thereafter |
12 | | as practical, but no payment may be issued after the 4 months |
13 | | following the lapse period deadline without the signed |
14 | | authorization of the Comptroller and the Governor. |
15 | | (Source: P.A. 101-10, eff. 6-5-19; 101-275, eff. 8-9-19; |
16 | | 101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-291, eff. |
17 | | 8-6-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22.)
|
18 | | Section 5-55. The State Revenue Sharing Act is amended by |
19 | | changing Section 12 as follows:
|
20 | | (30 ILCS 115/12) (from Ch. 85, par. 616)
|
21 | | Sec. 12. Personal Property Tax Replacement Fund. There is |
22 | | hereby
created the Personal Property Tax Replacement Fund, a |
23 | | special fund in
the State Treasury into which shall be paid all |
24 | | revenue realized:
|
|
| | HB3817 Enrolled | - 140 - | LRB103 30519 DTM 56952 b |
|
|
1 | | (a) all amounts realized from the additional personal |
2 | | property tax
replacement income tax imposed by subsections |
3 | | (c) and (d) of Section 201 of the
Illinois Income Tax Act, |
4 | | except for those amounts deposited into the Income Tax
|
5 | | Refund Fund pursuant to subsection (c) of Section 901 of |
6 | | the Illinois Income
Tax Act; and
|
7 | | (b) all amounts realized from the additional personal |
8 | | property replacement
invested capital taxes imposed by |
9 | | Section 2a.1 of the Messages Tax
Act, Section 2a.1 of the |
10 | | Gas Revenue Tax Act, Section 2a.1 of the Public
Utilities |
11 | | Revenue Act, and Section 3 of the Water Company Invested |
12 | | Capital
Tax Act, and amounts payable to the Department of |
13 | | Revenue under the
Telecommunications Infrastructure |
14 | | Maintenance Fee Act.
|
15 | | As soon as may be after the end of each month, the |
16 | | Department of Revenue
shall certify to the Treasurer and the |
17 | | Comptroller the amount of all refunds
paid out of the General |
18 | | Revenue Fund through the preceding month on account
of |
19 | | overpayment of liability on taxes paid into the Personal |
20 | | Property Tax
Replacement Fund. Upon receipt of such |
21 | | certification, the Treasurer and
the Comptroller shall |
22 | | transfer the amount so certified from the Personal
Property |
23 | | Tax Replacement Fund into the General Revenue Fund.
|
24 | | The payments of revenue into the Personal Property Tax |
25 | | Replacement Fund
shall be used exclusively for distribution to |
26 | | taxing districts, regional offices and officials, and local |
|
| | HB3817 Enrolled | - 141 - | LRB103 30519 DTM 56952 b |
|
|
1 | | officials as provided
in this Section and in the School Code, |
2 | | payment of the ordinary and contingent expenses of the |
3 | | Property Tax Appeal Board, payment of the expenses of the |
4 | | Department of Revenue incurred
in administering the collection |
5 | | and distribution of monies paid into the
Personal Property Tax |
6 | | Replacement Fund and transfers due to refunds to
taxpayers for |
7 | | overpayment of liability for taxes paid into the Personal
|
8 | | Property Tax Replacement Fund.
|
9 | | In addition, moneys in the Personal Property Tax
|
10 | | Replacement Fund may be used to pay any of the following: (i) |
11 | | salary, stipends, and additional compensation as provided by |
12 | | law for chief election clerks, county clerks, and county |
13 | | recorders; (ii) costs associated with regional offices of |
14 | | education and educational service centers; (iii) |
15 | | reimbursements payable by the State Board of Elections under |
16 | | Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the |
17 | | Election Code; (iv) expenses of the Illinois Educational Labor |
18 | | Relations Board; and (v) salary, personal services, and |
19 | | additional compensation as provided by law for court reporters |
20 | | under the Court Reporters Act. |
21 | | As soon as may be after June 26, 1980 (the effective date |
22 | | of Public Act 81-1255),
the Department of Revenue shall |
23 | | certify to the Treasurer the amount of net
replacement revenue |
24 | | paid into the General Revenue Fund prior to that effective
|
25 | | date from the additional tax imposed by Section 2a.1 of the |
26 | | Messages Tax
Act; Section 2a.1 of the Gas Revenue Tax Act; |
|
| | HB3817 Enrolled | - 142 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Section 2a.1 of the Public
Utilities Revenue Act; Section 3 of |
2 | | the Water Company Invested Capital Tax Act;
amounts collected |
3 | | by the Department of Revenue under the Telecommunications |
4 | | Infrastructure Maintenance Fee Act; and the
additional |
5 | | personal
property tax replacement income tax imposed by
the |
6 | | Illinois Income Tax Act, as amended by Public
Act 81-1st |
7 | | Special Session-1. Net replacement revenue shall be defined as
|
8 | | the total amount paid into and remaining in the General |
9 | | Revenue Fund as a
result of those Acts minus the amount |
10 | | outstanding and obligated from the
General Revenue Fund in |
11 | | state vouchers or warrants prior to June 26, 1980 (the |
12 | | effective
date of Public Act 81-1255) as refunds to taxpayers |
13 | | for overpayment
of liability under those Acts.
|
14 | | All interest earned by monies accumulated in the Personal |
15 | | Property
Tax Replacement Fund shall be deposited in such Fund. |
16 | | All amounts allocated
pursuant to this Section are |
17 | | appropriated on a continuing basis.
|
18 | | Prior to December 31, 1980, as soon as may be after the end |
19 | | of each quarter
beginning with the quarter ending December 31, |
20 | | 1979, and on and after
December 31, 1980, as soon as may be |
21 | | after January 1, March 1, April 1, May
1, July 1, August 1, |
22 | | October 1 and December 1 of each year, the Department
of |
23 | | Revenue shall allocate to each taxing district as defined in |
24 | | Section 1-150
of the Property Tax Code, in accordance with
the |
25 | | provisions of paragraph (2) of this Section the portion of the |
26 | | funds held
in the Personal Property Tax Replacement Fund which |
|
| | HB3817 Enrolled | - 143 - | LRB103 30519 DTM 56952 b |
|
|
1 | | is required to be
distributed, as provided in paragraph (1), |
2 | | for each quarter. Provided,
however, under no circumstances |
3 | | shall any taxing district during each of the
first two years of |
4 | | distribution of the taxes imposed by Public Act 81-1st Special |
5 | | Session-1 be entitled to an annual allocation which is less |
6 | | than the funds such
taxing district collected from the 1978 |
7 | | personal property tax. Provided further
that under no |
8 | | circumstances shall any taxing district during the third year |
9 | | of
distribution of the taxes imposed by Public Act 81-1st |
10 | | Special Session-1 receive less
than 60% of the funds such |
11 | | taxing district collected from the 1978 personal
property tax. |
12 | | In the event that the total of the allocations made as above
|
13 | | provided for all taxing districts, during either of such 3 |
14 | | years, exceeds the
amount available for distribution the |
15 | | allocation of each taxing district shall
be proportionately |
16 | | reduced. Except as provided in Section 13 of this Act, the
|
17 | | Department shall then certify, pursuant to appropriation, such |
18 | | allocations to
the State Comptroller who shall pay over to the |
19 | | several taxing districts the
respective amounts allocated to |
20 | | them.
|
21 | | Any township which receives an allocation based in whole |
22 | | or in part upon
personal property taxes which it levied |
23 | | pursuant to Section 6-507 or 6-512
of the Illinois Highway |
24 | | Code and which was previously
required to be paid
over to a |
25 | | municipality shall immediately pay over to that municipality a
|
26 | | proportionate share of the personal property replacement funds |
|
| | HB3817 Enrolled | - 144 - | LRB103 30519 DTM 56952 b |
|
|
1 | | which such
township receives.
|
2 | | Any municipality or township, other than a municipality |
3 | | with a population
in excess of 500,000, which receives an |
4 | | allocation based in whole or in
part on personal property |
5 | | taxes which it levied pursuant to Sections 3-1,
3-4 and 3-6 of |
6 | | the Illinois Local Library Act and which was
previously
|
7 | | required to be paid over to a public library shall immediately |
8 | | pay over
to that library a proportionate share of the personal |
9 | | property tax replacement
funds which such municipality or |
10 | | township receives; provided that if such
a public library has |
11 | | converted to a library organized under the Illinois
Public |
12 | | Library District Act, regardless of whether such conversion |
13 | | has
occurred on, after or before January 1, 1988, such |
14 | | proportionate share
shall be immediately paid over to the |
15 | | library district which maintains and
operates the library. |
16 | | However, any library that has converted prior to January
1, |
17 | | 1988, and which hitherto has not received the personal |
18 | | property tax
replacement funds, shall receive such funds |
19 | | commencing on January 1, 1988.
|
20 | | Any township which receives an allocation based in whole |
21 | | or in part on
personal property taxes which it levied pursuant |
22 | | to Section 1c of the Public
Graveyards Act and which taxes were |
23 | | previously required to be paid
over to or used for such public |
24 | | cemetery or cemeteries shall immediately
pay over to or use |
25 | | for such public cemetery or cemeteries a proportionate
share |
26 | | of the personal property tax replacement funds which the |
|
| | HB3817 Enrolled | - 145 - | LRB103 30519 DTM 56952 b |
|
|
1 | | township
receives.
|
2 | | Any taxing district which receives an allocation based in |
3 | | whole or in
part upon personal property taxes which it levied |
4 | | for another
governmental body or school district in Cook |
5 | | County in 1976 or for
another governmental body or school |
6 | | district in the remainder of the
State in 1977 shall |
7 | | immediately pay over to that governmental body or
school |
8 | | district the amount of personal property replacement funds |
9 | | which
such governmental body or school district would receive |
10 | | directly under
the provisions of paragraph (2) of this |
11 | | Section, had it levied its own
taxes.
|
12 | | (1) The portion of the Personal Property Tax |
13 | | Replacement Fund required to
be
distributed as of the time |
14 | | allocation is required to be made shall be the
amount |
15 | | available in such Fund as of the time allocation is |
16 | | required to be made.
|
17 | | The amount available for distribution shall be the |
18 | | total amount in the
fund at such time minus the necessary |
19 | | administrative and other authorized expenses as limited
by |
20 | | the appropriation and the amount determined by: (a) $2.8 |
21 | | million for
fiscal year 1981; (b) for fiscal year 1982, |
22 | | .54% of the funds distributed
from the fund during the |
23 | | preceding fiscal year; (c) for fiscal year 1983
through |
24 | | fiscal year 1988, .54% of the funds distributed from the |
25 | | fund during
the preceding fiscal year less .02% of such |
26 | | fund for fiscal year 1983 and
less .02% of such funds for |
|
| | HB3817 Enrolled | - 146 - | LRB103 30519 DTM 56952 b |
|
|
1 | | each fiscal year thereafter; (d) for fiscal
year 1989 |
2 | | through fiscal year 2011 no more than 105% of the actual |
3 | | administrative expenses
of the prior fiscal year; (e) for |
4 | | fiscal year 2012 and beyond, a sufficient amount to pay |
5 | | (i) stipends, additional compensation, salary |
6 | | reimbursements, and other amounts directed to be paid out |
7 | | of this Fund for local officials as authorized or required |
8 | | by statute and (ii) the ordinary and contingent expenses |
9 | | of the Property Tax Appeal Board and the expenses of the |
10 | | Department of Revenue incurred in administering the |
11 | | collection and distribution of moneys paid into the Fund; |
12 | | (f) for fiscal years 2012 and 2013 only, a sufficient |
13 | | amount to pay stipends, additional compensation, salary |
14 | | reimbursements, and other amounts directed to be paid out |
15 | | of this Fund for regional offices and officials as |
16 | | authorized or required by statute; or (g) for fiscal years |
17 | | 2018 through 2024 2023 only, a sufficient amount to pay |
18 | | amounts directed to be paid out of this Fund for public |
19 | | community college base operating grants and local health |
20 | | protection grants to certified local health departments as |
21 | | authorized or required by appropriation or statute. Such |
22 | | portion of the fund shall be determined after
the transfer |
23 | | into the General Revenue Fund due to refunds, if any, paid
|
24 | | from the General Revenue Fund during the preceding |
25 | | quarter. If at any time,
for any reason, there is |
26 | | insufficient amount in the Personal Property
Tax |
|
| | HB3817 Enrolled | - 147 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Replacement Fund for payments for regional offices and |
2 | | officials or local officials or payment of costs of |
3 | | administration or for transfers
due to refunds at the end |
4 | | of any particular month, the amount of such
insufficiency |
5 | | shall be carried over for the purposes of payments for |
6 | | regional offices and officials, local officials, transfers |
7 | | into the
General Revenue Fund, and costs of administration |
8 | | to the
following month or months. Net replacement revenue |
9 | | held, and defined above,
shall be transferred by the |
10 | | Treasurer and Comptroller to the Personal Property
Tax |
11 | | Replacement Fund within 10 days of such certification.
|
12 | | (2) Each quarterly allocation shall first be |
13 | | apportioned in the
following manner: 51.65% for taxing |
14 | | districts in Cook County and 48.35%
for taxing districts |
15 | | in the remainder of the State.
|
16 | | The Personal Property Replacement Ratio of each taxing |
17 | | district
outside Cook County shall be the ratio which the Tax |
18 | | Base of that taxing
district bears to the Downstate Tax Base. |
19 | | The Tax Base of each taxing
district outside of Cook County is |
20 | | the personal property tax collections
for that taxing district |
21 | | for the 1977 tax year. The Downstate Tax Base
is the personal |
22 | | property tax collections for all taxing districts in the
State |
23 | | outside of Cook County for the 1977 tax year. The Department of
|
24 | | Revenue shall have authority to review for accuracy and |
25 | | completeness the
personal property tax collections for each |
26 | | taxing district outside Cook
County for the 1977 tax year.
|
|
| | HB3817 Enrolled | - 148 - | LRB103 30519 DTM 56952 b |
|
|
1 | | The Personal Property Replacement Ratio of each Cook |
2 | | County taxing
district shall be the ratio which the Tax Base of |
3 | | that taxing district
bears to the Cook County Tax Base. The Tax |
4 | | Base of each Cook County
taxing district is the personal |
5 | | property tax collections for that taxing
district for the 1976 |
6 | | tax year. The Cook County Tax Base is the
personal property tax |
7 | | collections for all taxing districts in Cook
County for the |
8 | | 1976 tax year. The Department of Revenue shall have
authority |
9 | | to review for accuracy and completeness the personal property |
10 | | tax
collections for each taxing district within Cook County |
11 | | for the 1976 tax year.
|
12 | | For all purposes of this Section 12, amounts paid to a |
13 | | taxing district
for such tax years as may be applicable by a |
14 | | foreign corporation under the
provisions of Section 7-202 of |
15 | | the Public Utilities Act, as amended,
shall be deemed to be |
16 | | personal property taxes collected by such taxing district
for |
17 | | such tax years as may be applicable. The Director shall |
18 | | determine from the
Illinois Commerce Commission, for any tax |
19 | | year as may be applicable, the
amounts so paid by any such |
20 | | foreign corporation to any and all taxing
districts. The |
21 | | Illinois Commerce Commission shall furnish such information to
|
22 | | the Director. For all purposes of this Section 12, the |
23 | | Director shall deem such
amounts to be collected personal |
24 | | property taxes of each such taxing district
for the applicable |
25 | | tax year or years.
|
26 | | Taxing districts located both in Cook County and in one or |
|
| | HB3817 Enrolled | - 149 - | LRB103 30519 DTM 56952 b |
|
|
1 | | more other
counties shall receive both a Cook County |
2 | | allocation and a Downstate
allocation determined in the same |
3 | | way as all other taxing districts.
|
4 | | If any taxing district in existence on July 1, 1979 ceases |
5 | | to exist,
or discontinues its operations, its Tax Base shall |
6 | | thereafter be deemed
to be zero. If the powers, duties and |
7 | | obligations of the discontinued
taxing district are assumed by |
8 | | another taxing district, the Tax Base of
the discontinued |
9 | | taxing district shall be added to the Tax Base of the
taxing |
10 | | district assuming such powers, duties and obligations.
|
11 | | If two or more taxing districts in existence on July 1, |
12 | | 1979, or a
successor or successors thereto shall consolidate |
13 | | into one taxing
district, the Tax Base of such consolidated |
14 | | taxing district shall be the
sum of the Tax Bases of each of |
15 | | the taxing districts which have consolidated.
|
16 | | If a single taxing district in existence on July 1, 1979, |
17 | | or a
successor or successors thereto shall be divided into two |
18 | | or more
separate taxing districts, the tax base of the taxing |
19 | | district so
divided shall be allocated to each of the |
20 | | resulting taxing districts in
proportion to the then current |
21 | | equalized assessed value of each resulting
taxing district.
|
22 | | If a portion of the territory of a taxing district is |
23 | | disconnected
and annexed to another taxing district of the |
24 | | same type, the Tax Base of
the taxing district from which |
25 | | disconnection was made shall be reduced
in proportion to the |
26 | | then current equalized assessed value of the disconnected
|
|
| | HB3817 Enrolled | - 150 - | LRB103 30519 DTM 56952 b |
|
|
1 | | territory as compared with the then current equalized assessed |
2 | | value within the
entire territory of the taxing district prior |
3 | | to disconnection, and the
amount of such reduction shall be |
4 | | added to the Tax Base of the taxing
district to which |
5 | | annexation is made.
|
6 | | If a community college district is created after July 1, |
7 | | 1979,
beginning on January 1, 1996 (the effective date of |
8 | | Public Act 89-327), its Tax Base
shall be 3.5% of the sum of |
9 | | the personal property tax collected for the
1977 tax year |
10 | | within the territorial jurisdiction of the district.
|
11 | | The amounts allocated and paid to taxing districts |
12 | | pursuant to
the provisions of Public Act 81-1st Special |
13 | | Session-1 shall be deemed to be
substitute revenues for the |
14 | | revenues derived from taxes imposed on
personal property |
15 | | pursuant to the provisions of the "Revenue Act of
1939" or "An |
16 | | Act for the assessment and taxation of private car line
|
17 | | companies", approved July 22, 1943, as amended, or Section 414 |
18 | | of the
Illinois Insurance Code, prior to the abolition of such |
19 | | taxes and shall
be used for the same purposes as the revenues |
20 | | derived from ad valorem
taxes on real estate.
|
21 | | Monies received by any taxing districts from the Personal |
22 | | Property
Tax Replacement Fund shall be first applied toward |
23 | | payment of the proportionate
amount of debt service which was |
24 | | previously levied and collected from
extensions against |
25 | | personal property on bonds outstanding as of December 31,
1978 |
26 | | and next applied toward payment of the proportionate share of |
|
| | HB3817 Enrolled | - 151 - | LRB103 30519 DTM 56952 b |
|
|
1 | | the pension
or retirement obligations of the taxing district |
2 | | which were previously levied
and collected from extensions |
3 | | against personal property. For each such
outstanding bond |
4 | | issue, the County Clerk shall determine the percentage of the
|
5 | | debt service which was collected from extensions against real |
6 | | estate in the
taxing district for 1978 taxes payable in 1979, |
7 | | as related to the total amount
of such levies and collections |
8 | | from extensions against both real and personal
property. For |
9 | | 1979 and subsequent years' taxes, the County Clerk shall levy
|
10 | | and extend taxes against the real estate of each taxing |
11 | | district which will
yield the said percentage or percentages |
12 | | of the debt service on such
outstanding bonds. The balance of |
13 | | the amount necessary to fully pay such debt
service shall |
14 | | constitute a first and prior lien upon the monies
received by |
15 | | each such taxing district through the Personal Property Tax
|
16 | | Replacement Fund and shall be first applied or set aside for |
17 | | such purpose.
In counties having fewer than 3,000,000 |
18 | | inhabitants, the amendments to
this paragraph as made by |
19 | | Public Act 81-1255 shall be first
applicable to 1980 taxes to |
20 | | be collected in 1981.
|
21 | | (Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20; |
22 | | 102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
|
23 | | Section 5-60. The Railsplitter Tobacco Settlement |
24 | | Authority Act is amended by changing Section 3-5 as follows: |
|
| | HB3817 Enrolled | - 152 - | LRB103 30519 DTM 56952 b |
|
|
1 | | (30 ILCS 171/3-5)
|
2 | | Sec. 3-5. Certain powers of the Authority. The Authority |
3 | | shall have the power to: |
4 | | (1) sue and be sued;
|
5 | | (2) have a seal and alter the same at pleasure;
|
6 | | (3) make and alter by-laws for its organization and |
7 | | internal management and make rules and regulations |
8 | | governing the use of its property and facilities;
|
9 | | (4) appoint by and with the consent of the Attorney |
10 | | General, assistant attorneys for such Authority; those |
11 | | assistant attorneys shall be under the control, direction, |
12 | | and supervision of the Attorney General and shall serve at |
13 | | his or her pleasure; |
14 | | (5) retain special counsel, subject to the approval of |
15 | | the Attorney General, as needed from time to time, and fix |
16 | | their compensation, provided however, such special counsel |
17 | | shall be subject to the control, direction and supervision |
18 | | of the Attorney General and shall serve at his or her |
19 | | pleasure; |
20 | | (6) make and execute contracts and all other |
21 | | instruments necessary or convenient for the exercise of |
22 | | its powers and functions under this Section and to |
23 | | commence any action to protect or enforce any right |
24 | | conferred upon it by any law, contract, or other |
25 | | agreement, provided that any underwriter, financial |
26 | | advisor, bond counsel, or other professional providing |
|
| | HB3817 Enrolled | - 153 - | LRB103 30519 DTM 56952 b |
|
|
1 | | services to the Authority may be selected pursuant to |
2 | | solicitations issued and completed by the Governor's |
3 | | Office of Management and Budget for those services;
|
4 | | (7) appoint officers and agents, prescribe their |
5 | | duties and qualifications, fix their compensation and |
6 | | engage the services of private consultants and counsel on |
7 | | a contract basis for rendering professional and technical |
8 | | assistance and advice, provided that this shall not be |
9 | | construed to limit the authority of the Attorney General |
10 | | provided in Section 4 of the Attorney General Act;
|
11 | | (8) pay its operating expenses and its financing |
12 | | costs, including its reasonable costs of issuance and sale |
13 | | and those of the Attorney General, if any, in a total |
14 | | amount not greater than 1% of the principal amount of the |
15 | | proceeds of the bond sale;
|
16 | | (9) borrow money in its name and issue negotiable |
17 | | bonds and provide for the rights of the holders thereof as |
18 | | otherwise provided in this Act;
|
19 | | (10) procure insurance against any loss in connection |
20 | | with its activities, properties, and assets in such amount |
21 | | and from such insurers as it deems desirable;
|
22 | | (11) invest any funds or other moneys under its |
23 | | custody and control in investment securities , including in |
24 | | defeasance collateral, as that term is defined in any bond |
25 | | indenture to which the Authority is party, or under any |
26 | | related bond facility;
|
|
| | HB3817 Enrolled | - 154 - | LRB103 30519 DTM 56952 b |
|
|
1 | | (12) as security for the payment of the principal of |
2 | | and interest on any bonds issued by it pursuant to this Act |
3 | | and any agreement made in connection therewith and for its |
4 | | obligations under any related bond facility, pledge all or |
5 | | any part of the tobacco settlement revenues;
|
6 | | (13) receive payments, transfers of funds, or other
|
7 | | moneys from any source in furtherance of a defeasance of |
8 | | bonds, provide notice to an indenture trustee of the |
9 | | defeasance of outstanding bonds, and execute and deliver |
10 | | those instruments necessary to discharge the lien of the |
11 | | trustee and the security interest of the holders of |
12 | | outstanding bonds created under an indenture; and |
13 | | (14) do any and all things necessary or convenient to |
14 | | carry out its purposes and exercise the powers expressly |
15 | | given and granted in this Section.
|
16 | | (Source: P.A. 96-958, eff. 7-1-10.) |
17 | | Section 5-62. The Illinois Procurement Code is amended by |
18 | | changing Sections 1-10, 10-10, and 10-20 as follows:
|
19 | | (30 ILCS 500/1-10)
|
20 | | Sec. 1-10. Application.
|
21 | | (a) This Code applies only to procurements for which |
22 | | bidders, offerors, potential contractors, or contractors were |
23 | | first
solicited on or after July 1, 1998. This Code shall not |
24 | | be construed to affect
or impair any contract, or any |
|
| | HB3817 Enrolled | - 155 - | LRB103 30519 DTM 56952 b |
|
|
1 | | provision of a contract, entered into based on a
solicitation |
2 | | prior to the implementation date of this Code as described in
|
3 | | Article 99, including, but not limited to, any covenant |
4 | | entered into with respect
to any revenue bonds or similar |
5 | | instruments.
All procurements for which contracts are |
6 | | solicited between the effective date
of Articles 50 and 99 and |
7 | | July 1, 1998 shall be substantially in accordance
with this |
8 | | Code and its intent.
|
9 | | (b) This Code shall apply regardless of the source of the |
10 | | funds with which
the contracts are paid, including federal |
11 | | assistance moneys. This
Code shall
not apply to:
|
12 | | (1) Contracts between the State and its political |
13 | | subdivisions or other
governments, or between State |
14 | | governmental bodies, except as specifically provided in |
15 | | this Code.
|
16 | | (2) Grants, except for the filing requirements of |
17 | | Section 20-80.
|
18 | | (3) Purchase of care, except as provided in Section |
19 | | 5-30.6 of the Illinois Public Aid
Code and this Section.
|
20 | | (4) Hiring of an individual as an employee and not as |
21 | | an independent
contractor, whether pursuant to an |
22 | | employment code or policy or by contract
directly with |
23 | | that individual.
|
24 | | (5) Collective bargaining contracts.
|
25 | | (6) Purchase of real estate, except that notice of |
26 | | this type of contract with a value of more than $25,000 |
|
| | HB3817 Enrolled | - 156 - | LRB103 30519 DTM 56952 b |
|
|
1 | | must be published in the Procurement Bulletin within 10 |
2 | | calendar days after the deed is recorded in the county of |
3 | | jurisdiction. The notice shall identify the real estate |
4 | | purchased, the names of all parties to the contract, the |
5 | | value of the contract, and the effective date of the |
6 | | contract.
|
7 | | (7) Contracts necessary to prepare for anticipated |
8 | | litigation, enforcement
actions, or investigations, |
9 | | provided
that the chief legal counsel to the Governor |
10 | | shall give his or her prior
approval when the procuring |
11 | | agency is one subject to the jurisdiction of the
Governor, |
12 | | and provided that the chief legal counsel of any other |
13 | | procuring
entity
subject to this Code shall give his or |
14 | | her prior approval when the procuring
entity is not one |
15 | | subject to the jurisdiction of the Governor.
|
16 | | (8) (Blank).
|
17 | | (9) Procurement expenditures by the Illinois |
18 | | Conservation Foundation
when only private funds are used.
|
19 | | (10) (Blank). |
20 | | (11) Public-private agreements entered into according |
21 | | to the procurement requirements of Section 20 of the |
22 | | Public-Private Partnerships for Transportation Act and |
23 | | design-build agreements entered into according to the |
24 | | procurement requirements of Section 25 of the |
25 | | Public-Private Partnerships for Transportation Act. |
26 | | (12) (A) Contracts for legal, financial, and other |
|
| | HB3817 Enrolled | - 157 - | LRB103 30519 DTM 56952 b |
|
|
1 | | professional and artistic services entered into by the |
2 | | Illinois Finance Authority in which the State of Illinois |
3 | | is not obligated. Such contracts shall be awarded through |
4 | | a competitive process authorized by the members of the |
5 | | Illinois Finance Authority and are subject to Sections |
6 | | 5-30, 20-160, 50-13, 50-20, 50-35, and 50-37 of this Code, |
7 | | as well as the final approval by the members of the |
8 | | Illinois Finance Authority of the terms of the contract. |
9 | | (B) Contracts for legal and financial services entered |
10 | | into by the Illinois Housing Development Authority in |
11 | | connection with the issuance of bonds in which the State |
12 | | of Illinois is not obligated. Such contracts shall be |
13 | | awarded through a competitive process authorized by the |
14 | | members of the Illinois Housing Development Authority and |
15 | | are subject to Sections 5-30, 20-160, 50-13, 50-20, 50-35, |
16 | | and 50-37 of this Code, as well as the final approval by |
17 | | the members of the Illinois Housing Development Authority |
18 | | of the terms of the contract. |
19 | | (13) Contracts for services, commodities, and |
20 | | equipment to support the delivery of timely forensic |
21 | | science services in consultation with and subject to the |
22 | | approval of the Chief Procurement Officer as provided in |
23 | | subsection (d) of Section 5-4-3a of the Unified Code of |
24 | | Corrections, except for the requirements of Sections |
25 | | 20-60, 20-65, 20-70, and 20-160 and Article 50 of this |
26 | | Code; however, the Chief Procurement Officer may, in |
|
| | HB3817 Enrolled | - 158 - | LRB103 30519 DTM 56952 b |
|
|
1 | | writing with justification, waive any certification |
2 | | required under Article 50 of this Code. For any contracts |
3 | | for services which are currently provided by members of a |
4 | | collective bargaining agreement, the applicable terms of |
5 | | the collective bargaining agreement concerning |
6 | | subcontracting shall be followed. |
7 | | On and after January 1, 2019, this paragraph (13), |
8 | | except for this sentence, is inoperative. |
9 | | (14) Contracts for participation expenditures required |
10 | | by a domestic or international trade show or exhibition of |
11 | | an exhibitor, member, or sponsor. |
12 | | (15) Contracts with a railroad or utility that |
13 | | requires the State to reimburse the railroad or utilities |
14 | | for the relocation of utilities for construction or other |
15 | | public purpose. Contracts included within this paragraph |
16 | | (15) shall include, but not be limited to, those |
17 | | associated with: relocations, crossings, installations, |
18 | | and maintenance. For the purposes of this paragraph (15), |
19 | | "railroad" means any form of non-highway ground |
20 | | transportation that runs on rails or electromagnetic |
21 | | guideways and "utility" means: (1) public utilities as |
22 | | defined in Section 3-105 of the Public Utilities Act, (2) |
23 | | telecommunications carriers as defined in Section 13-202 |
24 | | of the Public Utilities Act, (3) electric cooperatives as |
25 | | defined in Section 3.4 of the Electric Supplier Act, (4) |
26 | | telephone or telecommunications cooperatives as defined in |
|
| | HB3817 Enrolled | - 159 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Section 13-212 of the Public Utilities Act, (5) rural |
2 | | water or waste water systems with 10,000 connections or |
3 | | less, (6) a holder as defined in Section 21-201 of the |
4 | | Public Utilities Act, and (7) municipalities owning or |
5 | | operating utility systems consisting of public utilities |
6 | | as that term is defined in Section 11-117-2 of the |
7 | | Illinois Municipal Code. |
8 | | (16) Procurement expenditures necessary for the |
9 | | Department of Public Health to provide the delivery of |
10 | | timely newborn screening services in accordance with the |
11 | | Newborn Metabolic Screening Act. |
12 | | (17) Procurement expenditures necessary for the |
13 | | Department of Agriculture, the Department of Financial and |
14 | | Professional Regulation, the Department of Human Services, |
15 | | and the Department of Public Health to implement the |
16 | | Compassionate Use of Medical Cannabis Program and Opioid |
17 | | Alternative Pilot Program requirements and ensure access |
18 | | to medical cannabis for patients with debilitating medical |
19 | | conditions in accordance with the Compassionate Use of |
20 | | Medical Cannabis Program Act. |
21 | | (18) This Code does not apply to any procurements |
22 | | necessary for the Department of Agriculture, the |
23 | | Department of Financial and Professional Regulation, the |
24 | | Department of Human Services, the Department of Commerce |
25 | | and Economic Opportunity, and the Department of Public |
26 | | Health to implement the Cannabis Regulation and Tax Act if |
|
| | HB3817 Enrolled | - 160 - | LRB103 30519 DTM 56952 b |
|
|
1 | | the applicable agency has made a good faith determination |
2 | | that it is necessary and appropriate for the expenditure |
3 | | to fall within this exemption and if the process is |
4 | | conducted in a manner substantially in accordance with the |
5 | | requirements of Sections 20-160, 25-60, 30-22, 50-5, |
6 | | 50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35, |
7 | | 50-36, 50-37, 50-38, and 50-50 of this Code; however, for |
8 | | Section 50-35, compliance applies only to contracts or |
9 | | subcontracts over $100,000. Notice of each contract |
10 | | entered into under this paragraph (18) that is related to |
11 | | the procurement of goods and services identified in |
12 | | paragraph (1) through (9) of this subsection shall be |
13 | | published in the Procurement Bulletin within 14 calendar |
14 | | days after contract execution. The Chief Procurement |
15 | | Officer shall prescribe the form and content of the |
16 | | notice. Each agency shall provide the Chief Procurement |
17 | | Officer, on a monthly basis, in the form and content |
18 | | prescribed by the Chief Procurement Officer, a report of |
19 | | contracts that are related to the procurement of goods and |
20 | | services identified in this subsection. At a minimum, this |
21 | | report shall include the name of the contractor, a |
22 | | description of the supply or service provided, the total |
23 | | amount of the contract, the term of the contract, and the |
24 | | exception to this Code utilized. A copy of any or all of |
25 | | these contracts shall be made available to the Chief |
26 | | Procurement Officer immediately upon request. The Chief |
|
| | HB3817 Enrolled | - 161 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Procurement Officer shall submit a report to the Governor |
2 | | and General Assembly no later than November 1 of each year |
3 | | that includes, at a minimum, an annual summary of the |
4 | | monthly information reported to the Chief Procurement |
5 | | Officer. This exemption becomes inoperative 5 years after |
6 | | June 25, 2019 (the effective date of Public Act 101-27). |
7 | | (19) Acquisition of modifications or adjustments, |
8 | | limited to assistive technology devices and assistive |
9 | | technology services, adaptive equipment, repairs, and |
10 | | replacement parts to provide reasonable accommodations (i) |
11 | | that enable a qualified applicant with a disability to |
12 | | complete the job application process and be considered for |
13 | | the position such qualified applicant desires, (ii) that |
14 | | modify or adjust the work environment to enable a |
15 | | qualified current employee with a disability to perform |
16 | | the essential functions of the position held by that |
17 | | employee, (iii) to enable a qualified current employee |
18 | | with a disability to enjoy equal benefits and privileges |
19 | | of employment as are enjoyed by other similarly situated |
20 | | employees without disabilities, and (iv) that allow a |
21 | | customer, client, claimant, or member of the public |
22 | | seeking State services full use and enjoyment of and |
23 | | access to its programs, services, or benefits. |
24 | | For purposes of this paragraph (19): |
25 | | "Assistive technology devices" means any item, piece |
26 | | of equipment, or product system, whether acquired |
|
| | HB3817 Enrolled | - 162 - | LRB103 30519 DTM 56952 b |
|
|
1 | | commercially off the shelf, modified, or customized, that |
2 | | is used to increase, maintain, or improve functional |
3 | | capabilities of individuals with disabilities. |
4 | | "Assistive technology services" means any service that |
5 | | directly assists an individual with a disability in |
6 | | selection, acquisition, or use of an assistive technology |
7 | | device. |
8 | | "Qualified" has the same meaning and use as provided |
9 | | under the federal Americans with Disabilities Act when |
10 | | describing an individual with a disability. |
11 | | (20) Procurement expenditures necessary for the
|
12 | | Illinois Commerce Commission to hire third-party
|
13 | | facilitators pursuant to Sections 16-105.17 and
16-108.18 |
14 | | of the Public Utilities Act or an ombudsman pursuant to |
15 | | Section 16-107.5 of the Public Utilities Act, a |
16 | | facilitator pursuant to Section 16-105.17 of the Public |
17 | | Utilities Act, or a grid auditor pursuant to Section |
18 | | 16-105.10 of the Public Utilities Act. |
19 | | (21) Procurement expenditures for the purchase, |
20 | | renewal, and expansion of software, software licenses, or |
21 | | software maintenance agreements that support the efforts |
22 | | of the Illinois State Police to enforce, regulate, and |
23 | | administer the Firearm Owners Identification Card Act, the |
24 | | Firearm Concealed Carry Act, the Firearms Restraining |
25 | | Order Act, the Firearm Dealer License Certification Act, |
26 | | the Law Enforcement Agencies Data System (LEADS), the |
|
| | HB3817 Enrolled | - 163 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Uniform Crime Reporting Act, the Criminal Identification |
2 | | Act, the Uniform Conviction Information Act, and the Gun |
3 | | Trafficking Information Act, or establish or maintain |
4 | | record management systems necessary to conduct human |
5 | | trafficking investigations or gun trafficking or other |
6 | | stolen firearm investigations. This paragraph (21) applies |
7 | | to contracts entered into on or after the effective date |
8 | | of this amendatory Act of the 102nd General Assembly and |
9 | | the renewal of contracts that are in effect on the |
10 | | effective date of this amendatory Act of the 102nd General |
11 | | Assembly. |
12 | | (22) Contracts for project management services and
|
13 | | system integration services required for the completion of |
14 | | the State's enterprise resource planning project. This |
15 | | exemption becomes inoperative 5 years after the effective |
16 | | date of the changes made to this Section by this |
17 | | amendatory Act of the 103rd General Assembly. This |
18 | | paragraph (22) applies to contracts entered into on or |
19 | | after the effective date of the changes made to this |
20 | | Section by this amendatory Act of the 103rd General |
21 | | Assembly and the renewal of contracts that are in effect |
22 | | on the effective date of the changes made to this Section |
23 | | by this amendatory Act of the 103rd General Assembly. |
24 | | Notwithstanding any other provision of law, for contracts |
25 | | with an annual value of more than $100,000 entered into on or |
26 | | after October 1, 2017 under an exemption provided in any |
|
| | HB3817 Enrolled | - 164 - | LRB103 30519 DTM 56952 b |
|
|
1 | | paragraph of this subsection (b), except paragraph (1), (2), |
2 | | or (5), each State agency shall post to the appropriate |
3 | | procurement bulletin the name of the contractor, a description |
4 | | of the supply or service provided, the total amount of the |
5 | | contract, the term of the contract, and the exception to the |
6 | | Code utilized. The chief procurement officer shall submit a |
7 | | report to the Governor and General Assembly no later than |
8 | | November 1 of each year that shall include, at a minimum, an |
9 | | annual summary of the monthly information reported to the |
10 | | chief procurement officer. |
11 | | (c) This Code does not apply to the electric power |
12 | | procurement process provided for under Section 1-75 of the |
13 | | Illinois Power Agency Act and Section 16-111.5 of the Public |
14 | | Utilities Act. |
15 | | (d) Except for Section 20-160 and Article 50 of this Code, |
16 | | and as expressly required by Section 9.1 of the Illinois |
17 | | Lottery Law, the provisions of this Code do not apply to the |
18 | | procurement process provided for under Section 9.1 of the |
19 | | Illinois Lottery Law. |
20 | | (e) This Code does not apply to the process used by the |
21 | | Capital Development Board to retain a person or entity to |
22 | | assist the Capital Development Board with its duties related |
23 | | to the determination of costs of a clean coal SNG brownfield |
24 | | facility, as defined by Section 1-10 of the Illinois Power |
25 | | Agency Act, as required in subsection (h-3) of Section 9-220 |
26 | | of the Public Utilities Act, including calculating the range |
|
| | HB3817 Enrolled | - 165 - | LRB103 30519 DTM 56952 b |
|
|
1 | | of capital costs, the range of operating and maintenance |
2 | | costs, or the sequestration costs or monitoring the |
3 | | construction of clean coal SNG brownfield facility for the |
4 | | full duration of construction. |
5 | | (f) (Blank). |
6 | | (g) (Blank). |
7 | | (h) This Code does not apply to the process to procure or |
8 | | contracts entered into in accordance with Sections 11-5.2 and |
9 | | 11-5.3 of the Illinois Public Aid Code. |
10 | | (i) Each chief procurement officer may access records |
11 | | necessary to review whether a contract, purchase, or other |
12 | | expenditure is or is not subject to the provisions of this |
13 | | Code, unless such records would be subject to attorney-client |
14 | | privilege. |
15 | | (j) This Code does not apply to the process used by the |
16 | | Capital Development Board to retain an artist or work or works |
17 | | of art as required in Section 14 of the Capital Development |
18 | | Board Act. |
19 | | (k) This Code does not apply to the process to procure |
20 | | contracts, or contracts entered into, by the State Board of |
21 | | Elections or the State Electoral Board for hearing officers |
22 | | appointed pursuant to the Election Code. |
23 | | (l) This Code does not apply to the processes used by the |
24 | | Illinois Student Assistance Commission to procure supplies and |
25 | | services paid for from the private funds of the Illinois |
26 | | Prepaid Tuition Fund. As used in this subsection (l), "private |
|
| | HB3817 Enrolled | - 166 - | LRB103 30519 DTM 56952 b |
|
|
1 | | funds" means funds derived from deposits paid into the |
2 | | Illinois Prepaid Tuition Trust Fund and the earnings thereon. |
3 | | (m) This Code shall apply regardless of the source of |
4 | | funds with which contracts are paid, including federal |
5 | | assistance moneys. Except as specifically provided in this |
6 | | Code, this Code shall not apply to procurement expenditures |
7 | | necessary for the Department of Public Health to conduct the |
8 | | Healthy Illinois Survey in accordance with Section 2310-431 of |
9 | | the Department of Public Health Powers and Duties Law of the |
10 | | Civil Administrative Code of Illinois. |
11 | | (Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19; |
12 | | 101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff |
13 | | 1-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662, |
14 | | eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22; |
15 | | 102-1116, eff. 1-10-23.)
|
16 | | (30 ILCS 500/10-10)
|
17 | | Sec. 10-10. Independent State purchasing officers. |
18 | | (a) The chief procurement officer shall
appoint and |
19 | | determine the salary of a State purchasing officer for each |
20 | | agency that the chief procurement officer is responsible for |
21 | | under Section 1-15.15. A State purchasing officer shall be |
22 | | located in the State agency that the officer serves but shall |
23 | | report to his or her respective chief procurement officer. The |
24 | | State purchasing officer shall have direct communication with |
25 | | agency staff assigned to assist with any procurement process. |
|
| | HB3817 Enrolled | - 167 - | LRB103 30519 DTM 56952 b |
|
|
1 | | At the direction of his or her respective chief procurement |
2 | | officer, a State purchasing officer shall have the authority |
3 | | to (i) review any contract or contract amendment prior to |
4 | | execution to ensure that applicable procurement and |
5 | | contracting standards were followed and (ii) approve or reject |
6 | | contracts for a purchasing agency. If the State purchasing |
7 | | officer provides written approval of the contract, the head of |
8 | | the applicable State agency shall have the authority to sign |
9 | | and enter into that contract. All actions of a State |
10 | | purchasing officer are subject to review by a chief |
11 | | procurement officer in accordance with procedures and policies |
12 | | established by the chief procurement officer. |
13 | | (a-5) A State purchasing officer may (i) attend any |
14 | | procurement meetings; (ii) access any records or files related |
15 | | to procurement; (iii) submit reports to the chief procurement |
16 | | officer on procurement issues; (iv) ensure the State agency is |
17 | | maintaining appropriate records; and (v) ensure transparency |
18 | | of the procurement process. |
19 | | (a-10) If a State purchasing officer is aware of |
20 | | misconduct, waste, or inefficiency with respect to State |
21 | | procurement, the State purchasing officer shall advise the |
22 | | State agency of the issue in writing. If the State agency does |
23 | | not correct the issue, the State purchasing officer shall |
24 | | report the problem, in writing, to the chief procurement |
25 | | officer and appropriate Inspector General. |
26 | | (b) In addition to any other requirement or qualification |
|
| | HB3817 Enrolled | - 168 - | LRB103 30519 DTM 56952 b |
|
|
1 | | required by State law, within 30 months after appointment, a |
2 | | State purchasing officer must be a Certified Professional |
3 | | Public Buyer or a Certified Public Purchasing Officer, |
4 | | pursuant to certification by the Universal Public Purchasing |
5 | | Certification Council or the Institute for Supply Management. |
6 | | A State purchasing officer shall serve a term of 5 years |
7 | | beginning on the date of the officer's appointment. A State |
8 | | purchasing officer shall have an office located in the State |
9 | | agency that the officer serves but shall report to the chief |
10 | | procurement officer. A State purchasing officer may be removed |
11 | | by a chief procurement officer for cause after a hearing by the |
12 | | Executive Ethics Commission. The chief procurement officer or |
13 | | executive officer of the State agency housing the State |
14 | | purchasing officer may institute a complaint against the State |
15 | | purchasing officer by filing such a complaint with the |
16 | | Commission and the Commission shall have a public hearing |
17 | | based on the complaint. The State purchasing officer, chief |
18 | | procurement officer, and executive officer of the State agency |
19 | | shall receive notice of the hearing and shall be permitted to |
20 | | present their respective arguments on the complaint. After the |
21 | | hearing, the Commission shall make a non-binding |
22 | | recommendation on whether the State purchasing officer shall |
23 | | be removed. The salary of a State purchasing officer shall be |
24 | | established by the chief procurement officer and may not be |
25 | | diminished during the officer's term. In the absence of an |
26 | | appointed State purchasing
officer, the applicable
chief |
|
| | HB3817 Enrolled | - 169 - | LRB103 30519 DTM 56952 b |
|
|
1 | | procurement officer shall exercise the procurement authority |
2 | | created by
this Code and may appoint a temporary acting State |
3 | | purchasing officer.
|
4 | | (c) Each State purchasing officer owes a fiduciary duty to |
5 | | the State. |
6 | | (Source: P.A. 100-43, eff. 8-9-17.)
|
7 | | (30 ILCS 500/10-20) |
8 | | Sec. 10-20. Independent chief procurement officers. |
9 | | (a) Appointment. Within 60 calendar days after the |
10 | | effective date of this amendatory Act of the 96th General |
11 | | Assembly, the Executive Ethics Commission, with the advice and |
12 | | consent of the Senate shall appoint or approve 4 chief |
13 | | procurement officers, one for each of the following |
14 | | categories: |
15 | | (1) for procurements for construction and |
16 | | construction-related services committed by law to the |
17 | | jurisdiction or responsibility of the Capital Development |
18 | | Board; |
19 | | (2) for procurements for all construction, |
20 | | construction-related services, operation of any facility, |
21 | | and the provision of any service or activity committed by |
22 | | law to the jurisdiction or responsibility of the Illinois |
23 | | Department of Transportation, including the direct or |
24 | | reimbursable expenditure of all federal funds for which |
25 | | the Department of Transportation is responsible or |
|
| | HB3817 Enrolled | - 170 - | LRB103 30519 DTM 56952 b |
|
|
1 | | accountable for the use thereof in accordance with federal |
2 | | law, regulation, or procedure, the chief procurement |
3 | | officer recommended for approval under this item appointed |
4 | | by the Secretary of Transportation after consent by the |
5 | | Executive Ethics Commission; |
6 | | (3) for all procurements made by a public institution |
7 | | of higher education; and |
8 | | (4) for all other procurement needs of State agencies. |
9 | | For fiscal year 2024, the Executive Ethics Commission |
10 | | shall set aside from its appropriation those amounts necessary |
11 | | for the use of the 4 chief procurement officers for the |
12 | | ordinary and contingent expenses of their respective |
13 | | procurement offices. From the amounts set aside by the |
14 | | Commission, each chief procurement officer shall control the |
15 | | internal operations of his or her procurement office and shall |
16 | | procure the necessary equipment, materials, and services to |
17 | | perform the duties of that office, including hiring necessary |
18 | | procurement personnel, legal advisors and other employees, and |
19 | | may establish, in the exercise of the chief procurement |
20 | | officer's discretion, the compensation of the office's |
21 | | employees, which includes the State purchasing officers and |
22 | | any legal advisors. The Executive Ethics Commission shall have |
23 | | no control over the employees of the chief procurement |
24 | | officers. The Executive Ethics Commission shall provide |
25 | | administrative support services, including payroll, for each |
26 | | procurement office. A chief procurement officer shall be |
|
| | HB3817 Enrolled | - 171 - | LRB103 30519 DTM 56952 b |
|
|
1 | | responsible to the Executive Ethics Commission but must be |
2 | | located within the agency that the officer provides with |
3 | | procurement services. The chief procurement officer for higher |
4 | | education shall have an office located within the Board of |
5 | | Higher Education, unless otherwise designated by the Executive |
6 | | Ethics Commission. The chief procurement officer for all other |
7 | | procurement needs of the State shall have an office located |
8 | | within the Department of Central Management Services, unless |
9 | | otherwise designated by the Executive Ethics Commission. |
10 | | (b) Terms and independence. Each chief procurement officer |
11 | | appointed under this Section shall serve for a term of 5 years |
12 | | beginning on the date of the officer's appointment. The chief |
13 | | procurement officer may be removed for cause after a hearing |
14 | | by the Executive Ethics Commission. The Governor or the |
15 | | director of a State agency directly responsible to the |
16 | | Governor may institute a complaint against the officer by |
17 | | filing such complaint with the Commission. The Commission |
18 | | shall have a hearing based on the complaint. The officer and |
19 | | the complainant shall receive reasonable notice of the hearing |
20 | | and shall be permitted to present their respective arguments |
21 | | on the complaint. After the hearing, the Commission shall make |
22 | | a finding on the complaint and may take disciplinary action, |
23 | | including but not limited to removal of the officer. |
24 | | The salary of a chief procurement officer shall be |
25 | | established by the Executive Ethics Commission and may not be |
26 | | diminished during the officer's term. The salary may not |
|
| | HB3817 Enrolled | - 172 - | LRB103 30519 DTM 56952 b |
|
|
1 | | exceed the salary of the director of a State agency for which |
2 | | the officer serves as chief procurement officer. |
3 | | (c) Qualifications. In addition to any other requirement |
4 | | or qualification required by State law, each chief procurement |
5 | | officer must within 12 months of employment be a Certified |
6 | | Professional Public Buyer or a Certified Public Purchasing |
7 | | Officer, pursuant to certification by the Universal Public |
8 | | Purchasing Certification Council, and must reside in Illinois. |
9 | | (d) Fiduciary duty. Each chief procurement officer owes a |
10 | | fiduciary duty to the State. |
11 | | (e) Vacancy. In case of a vacancy in one or more of the |
12 | | offices of a chief procurement officer under this Section |
13 | | during the recess of the Senate, the Executive Ethics |
14 | | Commission shall make a temporary appointment until the next |
15 | | meeting of the Senate, when the Executive Ethics Commission |
16 | | shall nominate some person to fill the office, and any person |
17 | | so nominated who is confirmed by the Senate shall hold office |
18 | | during the remainder of the term and until his or her successor |
19 | | is appointed and qualified. If the Senate is not in session at |
20 | | the time this amendatory Act of the 96th General Assembly |
21 | | takes effect, the Executive Ethics Commission shall make a |
22 | | temporary appointment as in the case of a vacancy. |
23 | | (f) (Blank). |
24 | | (g) (Blank). |
25 | | (Source: P.A. 98-1076, eff. 1-1-15 .) |
|
| | HB3817 Enrolled | - 173 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Section 5-65. The Illinois Works Jobs Program Act is |
2 | | amended by changing Section 20-15 as follows: |
3 | | (30 ILCS 559/20-15)
|
4 | | Sec. 20-15. Illinois Works Preapprenticeship Program; |
5 | | Illinois Works Bid Credit Program. |
6 | | (a) The Illinois Works Preapprenticeship Program is |
7 | | established and shall be administered by the Department. The |
8 | | goal of the Illinois Works Preapprenticeship Program is to |
9 | | create a network of community-based organizations throughout |
10 | | the State that will recruit, prescreen, and provide |
11 | | preapprenticeship skills training, for which participants may |
12 | | attend free of charge and receive a stipend, to create a |
13 | | qualified, diverse pipeline of workers who are prepared for |
14 | | careers in the construction and building trades. Upon |
15 | | completion of the Illinois Works Preapprenticeship Program, |
16 | | the candidates will be skilled and work-ready. |
17 | | (b) There is created the Illinois Works Fund, a special |
18 | | fund in the State treasury. The Illinois Works Fund shall be |
19 | | administered by the Department. The Illinois Works Fund shall |
20 | | be used to provide funding for community-based organizations |
21 | | throughout the State. In addition to any other transfers that |
22 | | may be provided for by law, on and after July 1, 2019 at the |
23 | | direction of the Director of the Governor's Office of |
24 | | Management and Budget, the State Comptroller shall direct and |
25 | | the State Treasurer shall transfer amounts not exceeding a |
|
| | HB3817 Enrolled | - 174 - | LRB103 30519 DTM 56952 b |
|
|
1 | | total of $50,000,000 $25,000,000 from the Rebuild Illinois |
2 | | Projects Fund to the Illinois Works Fund. |
3 | | (c) Each community-based organization that receives |
4 | | funding from the Illinois Works Fund shall provide an annual |
5 | | report to the Illinois Works Review Panel by April 1 of each |
6 | | calendar year. The annual report shall include the following |
7 | | information: |
8 | | (1) a description of the community-based |
9 | | organization's recruitment, screening, and training |
10 | | efforts; |
11 | | (2) the number of individuals who apply to, |
12 | | participate in, and complete the community-based |
13 | | organization's program, broken down by race, gender, age, |
14 | | and veteran status; and |
15 | | (3) the number of the individuals referenced in item (2) |
16 | | of this subsection who are initially accepted and placed |
17 | | into apprenticeship programs in the construction and |
18 | | building trades. |
19 | | (d) The Department shall create and administer the |
20 | | Illinois Works Bid Credit Program that shall provide economic |
21 | | incentives, through bid credits, to encourage contractors and |
22 | | subcontractors to provide contracting and employment |
23 | | opportunities to historically underrepresented populations in |
24 | | the construction industry. |
25 | | The Illinois Works Bid Credit Program shall allow |
26 | | contractors and subcontractors to earn bid credits for use |
|
| | HB3817 Enrolled | - 175 - | LRB103 30519 DTM 56952 b |
|
|
1 | | toward future bids for public works projects contracted by the |
2 | | State or an agency of the State in order to increase the |
3 | | chances that the contractor and the subcontractors will be |
4 | | selected. |
5 | | Contractors or subcontractors may be eligible for bid |
6 | | credits for employing apprentices who have completed the |
7 | | Illinois Works Preapprenticeship Program on public works |
8 | | projects contracted by the State or any agency of the State. |
9 | | Contractors or subcontractors shall earn bid credits at a rate |
10 | | established by the Department and based on labor hours worked |
11 | | on State-contracted public works projects by apprentices who |
12 | | have completed the Illinois Works Preapprenticeship Program. |
13 | | The Department shall establish the rate by rule and shall |
14 | | publish it on the Department's website. The rule may include |
15 | | maximum bid credits allowed per contractor, per subcontractor, |
16 | | per apprentice, per bid, or per year. |
17 | | The Illinois Works Credit Bank is hereby created and shall |
18 | | be administered by the Department. The Illinois Works Credit |
19 | | Bank shall track the bid credits. |
20 | | A contractor or subcontractor who has been awarded bid |
21 | | credits under any other State program for employing |
22 | | apprentices who have completed the Illinois Works |
23 | | Preapprenticeship Program is not eligible to receive bid |
24 | | credits under the Illinois Works Bid Credit Program relating |
25 | | to the same contract. |
26 | | The Department shall report to the Illinois Works Review |
|
| | HB3817 Enrolled | - 176 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Panel the following: (i) the number of bid credits awarded by |
2 | | the Department; (ii) the number of bid credits submitted by |
3 | | the contractor or subcontractor to the agency administering |
4 | | the public works contract; and (iii) the number of bid credits |
5 | | accepted by the agency for such contract. Any agency that |
6 | | awards bid credits pursuant to the Illinois Works Credit Bank |
7 | | Program shall report to the Department the number of bid |
8 | | credits it accepted for the public works contract. |
9 | | Upon a finding that a contractor or subcontractor has |
10 | | reported falsified records to the Department in order to |
11 | | fraudulently obtain bid credits, the Department may bar the |
12 | | contractor or subcontractor from participating in the Illinois |
13 | | Works Bid Credit Program and may suspend the contractor or |
14 | | subcontractor from bidding on or participating in any public |
15 | | works project. False or fraudulent claims for payment relating |
16 | | to false bid credits may be subject to damages and penalties |
17 | | under applicable law. |
18 | | (e) The Department shall adopt any rules deemed necessary |
19 | | to implement this Section. In order to provide for the |
20 | | expeditious and timely implementation of this Act, the |
21 | | Department may adopt emergency rules. The adoption of |
22 | | emergency rules authorized by this subsection is deemed to be |
23 | | necessary for the public interest, safety, and welfare.
|
24 | | (Source: P.A. 101-31, eff. 6-28-19; 101-601, eff. 12-10-19.) |
25 | | Section 5-70. The Private Colleges and Universities |
|
| | HB3817 Enrolled | - 177 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Capital Distribution Formula Act is amended by changing |
2 | | Section 25-15 as follows: |
3 | | (30 ILCS 769/25-15) |
4 | | Sec. 25-15. Transfer of funds to another independent |
5 | | college. |
6 | | (a) If an institution received a grant under this Article |
7 | | and subsequently fails to meet the definition of "independent |
8 | | college", the remaining funds shall be re-distributed as |
9 | | provided in Section 25-10 to those institutions that have an |
10 | | active grant under this Article , unless the campus or |
11 | | facilities for which the grant was given are subsequently |
12 | | operated by another institution that qualifies as an |
13 | | independent college under this Article. |
14 | | (b) If the facilities of a former independent college are |
15 | | operated by another entity that qualifies as an independent |
16 | | college as provided in subsection (a) of this Section, then |
17 | | the entire balance of the grant provided under this Article |
18 | | remaining on the date the former independent college ceased |
19 | | operations, including any amount that had been withheld after |
20 | | the former independent college ceased operations, shall be |
21 | | transferred to the successor independent college for the |
22 | | purpose of the grant operating those facilities for the |
23 | | duration of the grant. |
24 | | (c) In the event that, on or before July 16, 2014 ( the |
25 | | effective date of Public Act 98-715) this amendatory Act of |
|
| | HB3817 Enrolled | - 178 - | LRB103 30519 DTM 56952 b |
|
|
1 | | the 98th General Assembly , the remaining funds have been |
2 | | re-allocated or re-distributed to other independent colleges, |
3 | | or the Illinois Board of Higher Education has planned for the |
4 | | remaining funds to be re-allocated or re-distributed to other |
5 | | independent colleges, before the 5-year period provided under |
6 | | this Act for the utilization of funds has ended, any funds so |
7 | | re-allocated or re-distributed shall be deducted from future |
8 | | allocations to those other independent colleges and |
9 | | re-allocated or re-distributed to the initial institution or |
10 | | the successor entity operating the facilities of the original |
11 | | institution if: (i) the institution that failed to meet the |
12 | | definition of "independent college" once again meets the |
13 | | definition of "independent college" before the 5-year period |
14 | | has expired; or (ii) the facility or facilities of the former |
15 | | independent college are operated by another entity that |
16 | | qualifies as an independent college before the 5-year period |
17 | | has expired.
|
18 | | (d) Notwithstanding subsection (a) of this Section, on or |
19 | | after the effective date of the changes made to this Section by |
20 | | this amendatory Act of the 103rd General Assembly, remaining |
21 | | funds returned to the State by an institution that failed to |
22 | | meet the definition of "independent college" and that received |
23 | | a grant from appropriations enacted prior to June 28, 2019, |
24 | | shall not be re-distributed. Any such funds shall instead be |
25 | | added to the funds made available in the first grant cycle |
26 | | under subsection (d) of Section 25-10 by the Board of Higher |
|
| | HB3817 Enrolled | - 179 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Education following the effective date of the changes made to |
2 | | this Section by this amendatory Act of the 103rd General |
3 | | Assembly and shall be distributed pursuant to the formula as |
4 | | provided in subsection (d) of Section 25-10. |
5 | | (Source: P.A. 101-10, eff. 6-5-19.) |
6 | | Section 5-75. The Illinois Income Tax Act is amended by |
7 | | changing Section 901 as follows:
|
8 | | (35 ILCS 5/901)
|
9 | | Sec. 901. Collection authority. |
10 | | (a) In general. The Department shall collect the taxes |
11 | | imposed by this Act. The Department
shall collect certified |
12 | | past due child support amounts under Section 2505-650
of the |
13 | | Department of Revenue Law of the
Civil Administrative Code of |
14 | | Illinois. Except as
provided in subsections (b), (c), (e), |
15 | | (f), (g), and (h) of this Section, money collected
pursuant to |
16 | | subsections (a) and (b) of Section 201 of this Act shall be
|
17 | | paid into the General Revenue Fund in the State treasury; |
18 | | money
collected pursuant to subsections (c) and (d) of Section |
19 | | 201 of this Act
shall be paid into the Personal Property Tax |
20 | | Replacement Fund, a special
fund in the State Treasury; and |
21 | | money collected under Section 2505-650 of the
Department of |
22 | | Revenue Law of the
Civil Administrative Code of Illinois shall |
23 | | be paid
into the
Child Support Enforcement Trust Fund, a |
24 | | special fund outside the State
Treasury, or
to the State
|
|
| | HB3817 Enrolled | - 180 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Disbursement Unit established under Section 10-26 of the |
2 | | Illinois Public Aid
Code, as directed by the Department of |
3 | | Healthcare and Family Services. |
4 | | (b) Local Government Distributive Fund. Beginning August |
5 | | 1, 2017 and continuing through July 31, 2022, the Treasurer |
6 | | shall transfer each month from the General Revenue Fund to the |
7 | | Local Government Distributive Fund an amount equal to the sum |
8 | | of: (i) 6.06% (10% of the ratio of the 3% individual income tax |
9 | | rate prior to 2011 to the 4.95% individual income tax rate |
10 | | after July 1, 2017) of the net revenue realized from the tax |
11 | | imposed by subsections (a) and (b) of Section 201 of this Act |
12 | | upon individuals, trusts, and estates during the preceding |
13 | | month; (ii) 6.85% (10% of the ratio of the 4.8% corporate |
14 | | income tax rate prior to 2011 to the 7% corporate income tax |
15 | | rate after July 1, 2017) of the net revenue realized from the |
16 | | tax imposed by subsections (a) and (b) of Section 201 of this |
17 | | Act upon corporations during the preceding month; and (iii) |
18 | | beginning February 1, 2022, 6.06% of the net revenue realized |
19 | | from the tax imposed by subsection (p) of Section 201 of this |
20 | | Act upon electing pass-through entities. Beginning August 1, |
21 | | 2022 and continuing through July 31, 2023 , the Treasurer shall |
22 | | transfer each month from the General Revenue Fund to the Local |
23 | | Government Distributive Fund an amount equal to the sum of: |
24 | | (i) 6.16% of the net revenue realized from the tax imposed by |
25 | | subsections (a) and (b) of Section 201 of this Act upon |
26 | | individuals, trusts, and estates during the preceding month; |
|
| | HB3817 Enrolled | - 181 - | LRB103 30519 DTM 56952 b |
|
|
1 | | (ii) 6.85% of the net revenue realized from the tax imposed by |
2 | | subsections (a) and (b) of Section 201 of this Act upon |
3 | | corporations during the preceding month; and (iii) 6.16% of |
4 | | the net revenue realized from the tax imposed by subsection |
5 | | (p) of Section 201 of this Act upon electing pass-through |
6 | | entities. Beginning August 1, 2023, the Treasurer shall |
7 | | transfer each month from the General Revenue Fund to the Local |
8 | | Government Distributive Fund an amount equal to the sum of: |
9 | | (i) 6.47% of the net revenue realized from the tax imposed by |
10 | | subsections (a) and (b) of Section 201 of this Act upon |
11 | | individuals, trusts, and estates during the preceding month; |
12 | | (ii) 6.85% of the net revenue realized from the tax imposed by |
13 | | subsections (a) and (b) of Section 201 of this Act upon |
14 | | corporations during the preceding month; and (iii) 6.47% of |
15 | | the net revenue realized from the tax imposed by subsection |
16 | | (p) of Section 201 of this Act upon electing pass-through |
17 | | entities. Net revenue realized for a month shall be defined as |
18 | | the
revenue from the tax imposed by subsections (a) and (b) of |
19 | | Section 201 of this
Act which is deposited into in the General |
20 | | Revenue Fund, the Education Assistance
Fund, the Income Tax |
21 | | Surcharge Local Government Distributive Fund, the Fund for the |
22 | | Advancement of Education, and the Commitment to Human Services |
23 | | Fund during the
month minus the amount paid out of the General |
24 | | Revenue Fund in State warrants
during that same month as |
25 | | refunds to taxpayers for overpayment of liability
under the |
26 | | tax imposed by subsections (a) and (b) of Section 201 of this |
|
| | HB3817 Enrolled | - 182 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Act. |
2 | | Notwithstanding any provision of law to the contrary, |
3 | | beginning on July 6, 2017 (the effective date of Public Act |
4 | | 100-23), those amounts required under this subsection (b) to |
5 | | be transferred by the Treasurer into the Local Government |
6 | | Distributive Fund from the General Revenue Fund shall be |
7 | | directly deposited into the Local Government Distributive Fund |
8 | | as the revenue is realized from the tax imposed by subsections |
9 | | (a) and (b) of Section 201 of this Act. |
10 | | (c) Deposits Into Income Tax Refund Fund. |
11 | | (1) Beginning on January 1, 1989 and thereafter, the |
12 | | Department shall
deposit a percentage of the amounts |
13 | | collected pursuant to subsections (a)
and (b)(1), (2), and |
14 | | (3) of Section 201 of this Act into a fund in the State
|
15 | | treasury known as the Income Tax Refund Fund. Beginning |
16 | | with State fiscal year 1990 and for each fiscal year
|
17 | | thereafter, the percentage deposited into the Income Tax |
18 | | Refund Fund during a
fiscal year shall be the Annual |
19 | | Percentage. For fiscal year 2011, the Annual Percentage |
20 | | shall be 8.75%. For fiscal year 2012, the Annual |
21 | | Percentage shall be 8.75%. For fiscal year 2013, the |
22 | | Annual Percentage shall be 9.75%. For fiscal year 2014, |
23 | | the Annual Percentage shall be 9.5%. For fiscal year 2015, |
24 | | the Annual Percentage shall be 10%. For fiscal year 2018, |
25 | | the Annual Percentage shall be 9.8%. For fiscal year 2019, |
26 | | the Annual Percentage shall be 9.7%. For fiscal year 2020, |
|
| | HB3817 Enrolled | - 183 - | LRB103 30519 DTM 56952 b |
|
|
1 | | the Annual Percentage shall be 9.5%. For fiscal year 2021, |
2 | | the Annual Percentage shall be 9%. For fiscal year 2022, |
3 | | the Annual Percentage shall be 9.25%. For fiscal year |
4 | | 2023, the Annual Percentage shall be 9.25%. For fiscal |
5 | | year 2024, the Annual Percentage shall be 9.15%. For all |
6 | | other
fiscal years, the
Annual Percentage shall be |
7 | | calculated as a fraction, the numerator of which
shall be |
8 | | the amount of refunds approved for payment by the |
9 | | Department during
the preceding fiscal year as a result of |
10 | | overpayment of tax liability under
subsections (a) and |
11 | | (b)(1), (2), and (3) of Section 201 of this Act plus the
|
12 | | amount of such refunds remaining approved but unpaid at |
13 | | the end of the
preceding fiscal year, minus the amounts |
14 | | transferred into the Income Tax
Refund Fund from the |
15 | | Tobacco Settlement Recovery Fund, and
the denominator of |
16 | | which shall be the amounts which will be collected |
17 | | pursuant
to subsections (a) and (b)(1), (2), and (3) of |
18 | | Section 201 of this Act during
the preceding fiscal year; |
19 | | except that in State fiscal year 2002, the Annual
|
20 | | Percentage shall in no event exceed 7.6%. The Director of |
21 | | Revenue shall
certify the Annual Percentage to the |
22 | | Comptroller on the last business day of
the fiscal year |
23 | | immediately preceding the fiscal year for which it is to |
24 | | be
effective. |
25 | | (2) Beginning on January 1, 1989 and thereafter, the |
26 | | Department shall
deposit a percentage of the amounts |
|
| | HB3817 Enrolled | - 184 - | LRB103 30519 DTM 56952 b |
|
|
1 | | collected pursuant to subsections (a)
and (b)(6), (7), and |
2 | | (8), (c) and (d) of Section 201
of this Act into a fund in |
3 | | the State treasury known as the Income Tax
Refund Fund. |
4 | | Beginning
with State fiscal year 1990 and for each fiscal |
5 | | year thereafter, the
percentage deposited into the Income |
6 | | Tax Refund Fund during a fiscal year
shall be the Annual |
7 | | Percentage. For fiscal year 2011, the Annual Percentage |
8 | | shall be 17.5%. For fiscal year 2012, the Annual |
9 | | Percentage shall be 17.5%. For fiscal year 2013, the |
10 | | Annual Percentage shall be 14%. For fiscal year 2014, the |
11 | | Annual Percentage shall be 13.4%. For fiscal year 2015, |
12 | | the Annual Percentage shall be 14%. For fiscal year 2018, |
13 | | the Annual Percentage shall be 17.5%. For fiscal year |
14 | | 2019, the Annual Percentage shall be 15.5%. For fiscal |
15 | | year 2020, the Annual Percentage shall be 14.25%. For |
16 | | fiscal year 2021, the Annual Percentage shall be 14%. For |
17 | | fiscal year 2022, the Annual Percentage shall be 15%. For |
18 | | fiscal year 2023, the Annual Percentage shall be 14.5%. |
19 | | For fiscal year 2024, the Annual Percentage shall be 14%. |
20 | | For all other fiscal years, the Annual
Percentage shall be |
21 | | calculated
as a fraction, the numerator of which shall be |
22 | | the amount of refunds
approved for payment by the |
23 | | Department during the preceding fiscal year as
a result of |
24 | | overpayment of tax liability under subsections (a) and |
25 | | (b)(6),
(7), and (8), (c) and (d) of Section 201 of this |
26 | | Act plus the
amount of such refunds remaining approved but |
|
| | HB3817 Enrolled | - 185 - | LRB103 30519 DTM 56952 b |
|
|
1 | | unpaid at the end of the
preceding fiscal year, and the |
2 | | denominator of
which shall be the amounts which will be |
3 | | collected pursuant to subsections (a)
and (b)(6), (7), and |
4 | | (8), (c) and (d) of Section 201 of this Act during the
|
5 | | preceding fiscal year; except that in State fiscal year |
6 | | 2002, the Annual
Percentage shall in no event exceed 23%. |
7 | | The Director of Revenue shall
certify the Annual |
8 | | Percentage to the Comptroller on the last business day of
|
9 | | the fiscal year immediately preceding the fiscal year for |
10 | | which it is to be
effective. |
11 | | (3) The Comptroller shall order transferred and the |
12 | | Treasurer shall
transfer from the Tobacco Settlement |
13 | | Recovery Fund to the Income Tax Refund
Fund (i) |
14 | | $35,000,000 in January, 2001, (ii) $35,000,000 in January, |
15 | | 2002, and
(iii) $35,000,000 in January, 2003. |
16 | | (d) Expenditures from Income Tax Refund Fund. |
17 | | (1) Beginning January 1, 1989, money in the Income Tax |
18 | | Refund Fund
shall be expended exclusively for the purpose |
19 | | of paying refunds resulting
from overpayment of tax |
20 | | liability under Section 201 of this Act
and for
making |
21 | | transfers pursuant to this subsection (d), except that in |
22 | | State fiscal years 2022 and 2023, moneys in the Income Tax |
23 | | Refund Fund shall also be used to pay one-time rebate |
24 | | payments as provided under Sections 208.5 and 212.1. |
25 | | (2) The Director shall order payment of refunds |
26 | | resulting from
overpayment of tax liability under Section |
|
| | HB3817 Enrolled | - 186 - | LRB103 30519 DTM 56952 b |
|
|
1 | | 201 of this Act from the
Income Tax Refund Fund only to the |
2 | | extent that amounts collected pursuant
to Section 201 of |
3 | | this Act and transfers pursuant to this subsection (d)
and |
4 | | item (3) of subsection (c) have been deposited and |
5 | | retained in the
Fund. |
6 | | (3) As soon as possible after the end of each fiscal |
7 | | year, the Director
shall
order transferred and the State |
8 | | Treasurer and State Comptroller shall
transfer from the |
9 | | Income Tax Refund Fund to the Personal Property Tax
|
10 | | Replacement Fund an amount, certified by the Director to |
11 | | the Comptroller,
equal to the excess of the amount |
12 | | collected pursuant to subsections (c) and
(d) of Section |
13 | | 201 of this Act deposited into the Income Tax Refund Fund
|
14 | | during the fiscal year over the amount of refunds |
15 | | resulting from
overpayment of tax liability under |
16 | | subsections (c) and (d) of Section 201
of this Act paid |
17 | | from the Income Tax Refund Fund during the fiscal year. |
18 | | (4) As soon as possible after the end of each fiscal |
19 | | year, the Director shall
order transferred and the State |
20 | | Treasurer and State Comptroller shall
transfer from the |
21 | | Personal Property Tax Replacement Fund to the Income Tax
|
22 | | Refund Fund an amount, certified by the Director to the |
23 | | Comptroller, equal
to the excess of the amount of refunds |
24 | | resulting from overpayment of tax
liability under |
25 | | subsections (c) and (d) of Section 201 of this Act paid
|
26 | | from the Income Tax Refund Fund during the fiscal year |
|
| | HB3817 Enrolled | - 187 - | LRB103 30519 DTM 56952 b |
|
|
1 | | over the amount
collected pursuant to subsections (c) and |
2 | | (d) of Section 201 of this Act
deposited into the Income |
3 | | Tax Refund Fund during the fiscal year. |
4 | | (4.5) As soon as possible after the end of fiscal year |
5 | | 1999 and of each
fiscal year
thereafter, the Director |
6 | | shall order transferred and the State Treasurer and
State |
7 | | Comptroller shall transfer from the Income Tax Refund Fund |
8 | | to the General
Revenue Fund any surplus remaining in the |
9 | | Income Tax Refund Fund as of the end
of such fiscal year; |
10 | | excluding for fiscal years 2000, 2001, and 2002
amounts |
11 | | attributable to transfers under item (3) of subsection (c) |
12 | | less refunds
resulting from the earned income tax credit, |
13 | | and excluding for fiscal year 2022 amounts attributable to |
14 | | transfers from the General Revenue Fund authorized by |
15 | | Public Act 102-700 this amendatory Act of the 102nd |
16 | | General Assembly . |
17 | | (5) This Act shall constitute an irrevocable and |
18 | | continuing
appropriation from the Income Tax Refund Fund |
19 | | for the purposes of (i) paying
refunds upon the order of |
20 | | the Director in accordance with the provisions of
this |
21 | | Section and (ii) paying one-time rebate payments under |
22 | | Sections 208.5 and 212.1. |
23 | | (e) Deposits into the Education Assistance Fund and the |
24 | | Income Tax
Surcharge Local Government Distributive Fund. On |
25 | | July 1, 1991, and thereafter, of the amounts collected |
26 | | pursuant to
subsections (a) and (b) of Section 201 of this Act, |
|
| | HB3817 Enrolled | - 188 - | LRB103 30519 DTM 56952 b |
|
|
1 | | minus deposits into the
Income Tax Refund Fund, the Department |
2 | | shall deposit 7.3% into the
Education Assistance Fund in the |
3 | | State Treasury. Beginning July 1, 1991,
and continuing through |
4 | | January 31, 1993, of the amounts collected pursuant to
|
5 | | subsections (a) and (b) of Section 201 of the Illinois Income |
6 | | Tax Act, minus
deposits into the Income Tax Refund Fund, the |
7 | | Department shall deposit 3.0%
into the Income Tax Surcharge |
8 | | Local Government Distributive Fund in the State
Treasury. |
9 | | Beginning February 1, 1993 and continuing through June 30, |
10 | | 1993, of
the amounts collected pursuant to subsections (a) and |
11 | | (b) of Section 201 of the
Illinois Income Tax Act, minus |
12 | | deposits into the Income Tax Refund Fund, the
Department shall |
13 | | deposit 4.4% into the Income Tax Surcharge Local Government
|
14 | | Distributive Fund in the State Treasury. Beginning July 1, |
15 | | 1993, and
continuing through June 30, 1994, of the amounts |
16 | | collected under subsections
(a) and (b) of Section 201 of this |
17 | | Act, minus deposits into the Income Tax
Refund Fund, the |
18 | | Department shall deposit 1.475% into the Income Tax Surcharge
|
19 | | Local Government Distributive Fund in the State Treasury. |
20 | | (f) Deposits into the Fund for the Advancement of |
21 | | Education. Beginning February 1, 2015, the Department shall |
22 | | deposit the following portions of the revenue realized from |
23 | | the tax imposed upon individuals, trusts, and estates by |
24 | | subsections (a) and (b) of Section 201 of this Act, minus |
25 | | deposits into the Income Tax Refund Fund, into the Fund for the |
26 | | Advancement of Education: |
|
| | HB3817 Enrolled | - 189 - | LRB103 30519 DTM 56952 b |
|
|
1 | | (1) beginning February 1, 2015, and prior to February |
2 | | 1, 2025, 1/30; and |
3 | | (2) beginning February 1, 2025, 1/26. |
4 | | If the rate of tax imposed by subsection (a) and (b) of |
5 | | Section 201 is reduced pursuant to Section 201.5 of this Act, |
6 | | the Department shall not make the deposits required by this |
7 | | subsection (f) on or after the effective date of the |
8 | | reduction. |
9 | | (g) Deposits into the Commitment to Human Services Fund. |
10 | | Beginning February 1, 2015, the Department shall deposit the |
11 | | following portions of the revenue realized from the tax |
12 | | imposed upon individuals, trusts, and estates by subsections |
13 | | (a) and (b) of Section 201 of this Act, minus deposits into the |
14 | | Income Tax Refund Fund, into the Commitment to Human Services |
15 | | Fund: |
16 | | (1) beginning February 1, 2015, and prior to February |
17 | | 1, 2025, 1/30; and |
18 | | (2) beginning February 1, 2025, 1/26. |
19 | | If the rate of tax imposed by subsection (a) and (b) of |
20 | | Section 201 is reduced pursuant to Section 201.5 of this Act, |
21 | | the Department shall not make the deposits required by this |
22 | | subsection (g) on or after the effective date of the |
23 | | reduction. |
24 | | (h) Deposits into the Tax Compliance and Administration |
25 | | Fund. Beginning on the first day of the first calendar month to |
26 | | occur on or after August 26, 2014 (the effective date of Public |
|
| | HB3817 Enrolled | - 190 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Act 98-1098), each month the Department shall pay into the Tax |
2 | | Compliance and Administration Fund, to be used, subject to |
3 | | appropriation, to fund additional auditors and compliance |
4 | | personnel at the Department, an amount equal to 1/12 of 5% of |
5 | | the cash receipts collected during the preceding fiscal year |
6 | | by the Audit Bureau of the Department from the tax imposed by |
7 | | subsections (a), (b), (c), and (d) of Section 201 of this Act, |
8 | | net of deposits into the Income Tax Refund Fund made from those |
9 | | cash receipts. |
10 | | (Source: P.A. 101-8, see Section 99 for effective date; |
11 | | 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff. |
12 | | 6-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658, |
13 | | eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff. 4-19-22; |
14 | | 102-813, eff. 5-13-22; revised 8-2-22.)
|
15 | | Section 5-80. The Hotel Operators' Occupation Tax Act is |
16 | | amended by changing Section 6 as follows:
|
17 | | (35 ILCS 145/6) (from Ch. 120, par. 481b.36)
|
18 | | Sec. 6. Filing of returns and distribution of revenue |
19 | | proceeds . Except as provided hereinafter in this Section, on |
20 | | or before
the last day of each calendar month, every person |
21 | | engaged in the
business of renting, leasing or letting rooms |
22 | | in a hotel in this State
during the preceding calendar month |
23 | | shall file a return with the
Department, stating:
|
24 | | 1. The name of the operator;
|
|
| | HB3817 Enrolled | - 191 - | LRB103 30519 DTM 56952 b |
|
|
1 | | 2. His residence address and the address of his |
2 | | principal place of
business and the address of the |
3 | | principal place of business (if that is
a different |
4 | | address) from which he engages in the business of renting,
|
5 | | leasing or letting rooms in a hotel in this State;
|
6 | | 3. Total amount of rental receipts received by him |
7 | | during the
preceding calendar month from renting, leasing |
8 | | or letting rooms during
such preceding calendar month;
|
9 | | 4. Total amount of rental receipts received by him |
10 | | during the
preceding calendar month from renting, leasing |
11 | | or letting rooms to
permanent residents during such |
12 | | preceding calendar month;
|
13 | | 5. Total amount of other exclusions from gross rental |
14 | | receipts
allowed by this Act;
|
15 | | 6. Gross rental receipts which were received by him |
16 | | during the
preceding calendar month and upon the basis of |
17 | | which the tax is imposed;
|
18 | | 7. The amount of tax due;
|
19 | | 8. Such other reasonable information as the Department |
20 | | may require.
|
21 | | If the operator's average monthly tax liability to the |
22 | | Department
does not exceed $200, the Department may authorize |
23 | | his returns to be
filed on a quarter annual basis, with the |
24 | | return for January, February
and March of a given year being |
25 | | due by April 30 of such year; with the
return for April, May |
26 | | and June of a given year being due by July 31 of
such year; |
|
| | HB3817 Enrolled | - 192 - | LRB103 30519 DTM 56952 b |
|
|
1 | | with the return for July, August and September of a given
year |
2 | | being due by October 31 of such year, and with the return for
|
3 | | October, November and December of a given year being due by |
4 | | January 31
of the following year.
|
5 | | If the operator's average monthly tax liability to the |
6 | | Department
does not exceed $50, the Department may authorize |
7 | | his returns to be
filed on an annual basis, with the return for |
8 | | a given year being due by
January 31 of the following year.
|
9 | | Such quarter annual and annual returns, as to form and |
10 | | substance,
shall be subject to the same requirements as |
11 | | monthly returns.
|
12 | | Notwithstanding any other provision in this Act concerning |
13 | | the time
within which an operator may file his return, in the |
14 | | case of any
operator who ceases to engage in a kind of business |
15 | | which makes him
responsible for filing returns under this Act, |
16 | | such operator shall file
a final return under this Act with the |
17 | | Department not more than 1 month
after discontinuing such |
18 | | business.
|
19 | | Where the same person has more than 1 business registered |
20 | | with the
Department under separate registrations under this |
21 | | Act, such person
shall not file each return that is due as a |
22 | | single return covering all
such registered businesses, but |
23 | | shall file separate returns for each
such registered business.
|
24 | | In his return, the operator shall determine the value of |
25 | | any
consideration other than money received by him in |
26 | | connection with the
renting, leasing or letting of rooms in |
|
| | HB3817 Enrolled | - 193 - | LRB103 30519 DTM 56952 b |
|
|
1 | | the course of his business and
he shall include such value in |
2 | | his return. Such determination shall be
subject to review and |
3 | | revision by the Department in the manner
hereinafter provided |
4 | | for the correction of returns.
|
5 | | Where the operator is a corporation, the return filed on |
6 | | behalf of
such corporation shall be signed by the president, |
7 | | vice-president,
secretary or treasurer or by the properly |
8 | | accredited agent of such
corporation.
|
9 | | The person filing the return herein provided for shall, at |
10 | | the time of
filing such return, pay to the Department the |
11 | | amount of tax herein imposed.
The operator filing the return |
12 | | under this Section shall, at the time of
filing such return, |
13 | | pay to the Department the amount of tax imposed by this
Act |
14 | | less a discount of 2.1% or $25 per calendar year, whichever is |
15 | | greater,
which is allowed to reimburse the operator for the |
16 | | expenses incurred in
keeping records, preparing and filing |
17 | | returns, remitting the tax and
supplying data to the |
18 | | Department on request.
|
19 | | If any payment provided for in this Section exceeds the |
20 | | operator's liabilities under this Act, as shown on an original |
21 | | return, the Department may authorize the operator to credit |
22 | | such excess payment against liability subsequently to be |
23 | | remitted to the Department under this Act, in accordance with |
24 | | reasonable rules adopted by the Department. If the Department |
25 | | subsequently determines that all or any part of the credit |
26 | | taken was not actually due to the operator, the operator's |
|
| | HB3817 Enrolled | - 194 - | LRB103 30519 DTM 56952 b |
|
|
1 | | discount shall be reduced by an amount equal to the difference |
2 | | between the discount as applied to the credit taken and that |
3 | | actually due, and that operator shall be liable for penalties |
4 | | and interest on such difference. |
5 | | There shall be deposited into in the Build Illinois Fund |
6 | | in the State
Treasury for each State fiscal year 40% of the |
7 | | amount of total
net revenue proceeds from the tax imposed by |
8 | | subsection (a) of Section 3.
Of the remaining 60% : (i) , |
9 | | $5,000,000 shall be deposited into in the Illinois
Sports |
10 | | Facilities Fund and credited to the Subsidy Account each |
11 | | fiscal
year by making monthly deposits in the amount of 1/8 of |
12 | | $5,000,000 plus
cumulative deficiencies in such deposits for |
13 | | prior months, and (ii) an amount equal to the then applicable |
14 | | Advance Amount
additional $8,000,000 shall be deposited into |
15 | | in the Illinois Sports Facilities
Fund and credited to the |
16 | | Advance Account each fiscal year by making monthly
deposits in |
17 | | the amount of 1/8 of the then applicable Advance Amount |
18 | | $8,000,000 plus any cumulative deficiencies
in such deposits |
19 | | for prior months ; provided, that for fiscal years ending
after |
20 | | June 30, 2001, the amount to be so deposited into the Illinois
|
21 | | Sports Facilities Fund and credited to the Advance Account |
22 | | each fiscal year
shall be increased from $8,000,000 to the |
23 | | then applicable Advance Amount and
the required monthly |
24 | | deposits beginning with July 2001 shall be in the amount
of 1/8 |
25 | | of the then applicable Advance Amount plus any cumulative |
26 | | deficiencies
in those deposits for prior months . (The deposits |
|
| | HB3817 Enrolled | - 195 - | LRB103 30519 DTM 56952 b |
|
|
1 | | of the additional $8,000,000
or the then applicable Advance |
2 | | Amount , as applicable,
during each fiscal year shall be |
3 | | treated as advances
of funds to the Illinois Sports Facilities |
4 | | Authority for its corporate
purposes to the extent paid to the |
5 | | Authority or its trustee and shall be
repaid into the General |
6 | | Revenue Fund in the State Treasury by the State
Treasurer on |
7 | | behalf of the Authority pursuant to Section 19 of the Illinois
|
8 | | Sports Facilities Authority Act, as amended. If in any fiscal |
9 | | year the full
amount of the then applicable Advance Amount
is |
10 | | not repaid into the General Revenue Fund, then the deficiency |
11 | | shall be paid
from the amount in the Local Government |
12 | | Distributive Fund that would otherwise
be allocated to the |
13 | | City of Chicago under the State Revenue Sharing Act.)
|
14 | | For purposes of the foregoing paragraph, the term "Advance |
15 | | Amount"
means, for fiscal year 2002, $22,179,000, and for |
16 | | subsequent fiscal years
through fiscal year 2033, 105.615% of |
17 | | the Advance Amount for the immediately
preceding fiscal year, |
18 | | rounded up to the nearest $1,000.
|
19 | | Of the remaining 60% of the amount of total net proceeds |
20 | | prior to August 1, 2011 from the tax
imposed by subsection (a) |
21 | | of Section 3 after all required deposits in the
Illinois |
22 | | Sports Facilities Fund, the amount equal to 8% of the net |
23 | | revenue
realized from this Act plus an amount equal to
8% of |
24 | | the net revenue realized from any tax imposed under Section |
25 | | 4.05 of the
Chicago World's Fair-1992 Authority Act during the |
26 | | preceding month shall be
deposited in the Local Tourism Fund |
|
| | HB3817 Enrolled | - 196 - | LRB103 30519 DTM 56952 b |
|
|
1 | | each month for purposes authorized by
Section 605-705 of the |
2 | | Department of Commerce and Economic Opportunity Law (20 ILCS |
3 | | 605/605-705). Of the remaining 60% of the amount of total net |
4 | | revenue proceeds beginning on August 1, 2011 through June 30, |
5 | | 2023, from the tax imposed by subsection (a) of Section 3 after |
6 | | all required deposits into in the Illinois Sports Facilities |
7 | | Fund, an amount equal to 8% of the net revenue realized from |
8 | | this Act plus an amount equal to 8% of the net revenue realized |
9 | | from any tax imposed under Section 4.05 of the Chicago World's |
10 | | Fair-1992 Authority Act during the preceding month shall be |
11 | | deposited as follows: 18% of such amount shall be deposited |
12 | | into the Chicago Travel Industry Promotion Fund for the |
13 | | purposes described in subsection (n) of Section 5 of the |
14 | | Metropolitan Pier and Exposition Authority Act and the |
15 | | remaining 82% of such amount shall be deposited into the Local |
16 | | Tourism Fund each month for purposes authorized by Section |
17 | | 605-705 of the Department of Commerce and Economic Opportunity |
18 | | Law. Beginning on August 1, 1999 and ending on July 31, 2011, |
19 | | an amount equal to 4.5% of the net revenue
realized from the |
20 | | Hotel Operators' Occupation Tax Act during the preceding
month |
21 | | shall be deposited into the International Tourism Fund for the |
22 | | purposes
authorized in Section 605-707 of the Department of |
23 | | Commerce
and Economic Opportunity Law. Beginning on August 1, |
24 | | 2011 and through June 30, 2023 , an amount equal to 4.5% of the |
25 | | net revenue realized from this Act during the preceding month |
26 | | shall be deposited as follows: 55% of such amount shall be |
|
| | HB3817 Enrolled | - 197 - | LRB103 30519 DTM 56952 b |
|
|
1 | | deposited into the Chicago Travel Industry Promotion Fund for |
2 | | the purposes described in subsection (n) of Section 5 of the |
3 | | Metropolitan Pier and Exposition Authority Act and the |
4 | | remaining 45% of such amount deposited into the International |
5 | | Tourism Fund for the purposes authorized in Section 605-707 of |
6 | | the Department of Commerce and Economic Opportunity Law. "Net
|
7 | | revenue realized for a month " means the revenue collected by |
8 | | the State under this
that Act during the previous month less |
9 | | the amount paid out during that same
month as refunds to |
10 | | taxpayers for overpayment of liability under this that Act.
|
11 | | Beginning on July 1, 2023, of the remaining 60% of the |
12 | | amount of total net revenue realized from the tax imposed |
13 | | under subsection (a) of Section 3, after all required deposits |
14 | | into the Illinois Sports Facilities Fund: |
15 | | (1) an amount equal to 8% of the net revenue realized
|
16 | | under this Act for the preceding month shall be deposited |
17 | | as follows: 82% to the Local Tourism Fund and 18% to the |
18 | | Chicago Travel Industry Promotion Fund; and |
19 | | (2) an amount equal to 4.5% of the net revenue
|
20 | | realized under this Act for the preceding month shall be |
21 | | deposited as follows: 55% to the Chicago Travel Industry |
22 | | Promotion Fund and 45% to the International Tourism Fund. |
23 | | After making all these deposits, any remaining net revenue |
24 | | realized from all other proceeds of the tax imposed under
|
25 | | subsection (a) of Section 3 shall be deposited into in the |
26 | | Tourism Promotion Fund in
the State Treasury. All moneys |
|
| | HB3817 Enrolled | - 198 - | LRB103 30519 DTM 56952 b |
|
|
1 | | received by the Department from the additional
tax imposed |
2 | | under subsection (b) of Section 3 shall be deposited into the |
3 | | Build
Illinois Fund in the State Treasury.
|
4 | | The Department may, upon separate written notice to a |
5 | | taxpayer, require
the taxpayer to prepare and file with the |
6 | | Department on a form prescribed
by the Department within not |
7 | | less than 60 days after receipt of the notice
an annual |
8 | | information return for the tax year specified in the notice.
|
9 | | Such annual return to the Department shall include a statement |
10 | | of gross
receipts as shown by the operator's last State income |
11 | | tax return. If the
total receipts of the business as reported |
12 | | in the State income tax return
do not agree with the gross |
13 | | receipts reported to the Department for the
same period, the |
14 | | operator shall attach to his annual information return a
|
15 | | schedule showing a reconciliation of the 2 amounts and the |
16 | | reasons for the
difference. The operator's annual information |
17 | | return to the Department
shall also disclose payroll pay roll |
18 | | information of the operator's business during
the year covered |
19 | | by such return and any additional reasonable information
which |
20 | | the Department deems would be helpful in determining the |
21 | | accuracy of
the monthly, quarterly or annual tax returns by |
22 | | such operator as
hereinbefore provided for in this Section.
|
23 | | If the annual information return required by this Section |
24 | | is not filed
when and as required the taxpayer shall be liable |
25 | | for a penalty in an
amount determined in accordance with |
26 | | Section 3-4 of the Uniform Penalty and
Interest Act until such |
|
| | HB3817 Enrolled | - 199 - | LRB103 30519 DTM 56952 b |
|
|
1 | | return is filed as required, the penalty to be
assessed and |
2 | | collected in the same manner as any other penalty provided
for |
3 | | in this Act.
|
4 | | The chief executive officer, proprietor, owner or highest |
5 | | ranking manager
shall sign the annual return to certify the |
6 | | accuracy of the information
contained therein. Any person who |
7 | | willfully signs the annual return containing
false or |
8 | | inaccurate information shall be guilty of perjury and punished
|
9 | | accordingly. The annual return form prescribed by the |
10 | | Department shall
include a warning that the person signing the |
11 | | return may be liable for perjury.
|
12 | | The foregoing portion of this Section concerning the |
13 | | filing of an annual
information return shall not apply to an |
14 | | operator who is not required to
file an income tax return with |
15 | | the United States Government.
|
16 | | (Source: P.A. 102-16, eff. 6-17-21.)
|
17 | | Section 5-85. The Motor Fuel Tax Law is amended by |
18 | | changing Section 8 as follows:
|
19 | | (35 ILCS 505/8) (from Ch. 120, par. 424)
|
20 | | Sec. 8. Distribution of proceeds of tax. Except as |
21 | | provided in subsection (a-1) of this Section, Section 8a, |
22 | | subdivision
(h)(1) of Section 12a, Section 13a.6, and items
|
23 | | 13, 14, 15, and 16 of Section 15, all money received by the |
24 | | Department under
this Act, including payments made to the |
|
| | HB3817 Enrolled | - 200 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Department by
member jurisdictions participating in the |
2 | | International Fuel Tax Agreement,
shall be deposited into in a |
3 | | special fund in the State treasury, to be known as the
" Motor |
4 | | Fuel Tax Fund " , and shall be used as follows:
|
5 | | (a) 2 1/2 cents per gallon of the tax collected on special |
6 | | fuel under
paragraph (b) of Section 2 and Section 13a of this |
7 | | Act shall be transferred
to the State Construction Account |
8 | | Fund in the State Treasury; the remainder of the tax collected |
9 | | on special fuel under
paragraph (b) of Section 2 and Section |
10 | | 13a of this Act shall be deposited into the Road Fund;
|
11 | | (a-1) Beginning on July 1, 2019, an amount equal to the |
12 | | amount of tax collected under subsection (a) of Section 2 and |
13 | | Section 13a as a result of the increase in the tax rate under |
14 | | subsection (a) of Section 2 authorized by Public Act 101-32 |
15 | | shall be deposited transferred each month into the |
16 | | Transportation Renewal Fund; provided, however, that the |
17 | | amount that represents the part (b) portion of the rate under |
18 | | Section 13a shall be deposited each month into the Motor Fuel |
19 | | Tax Fund and the Transportation Renewal Fund in the same |
20 | | proportion as the amount collected under subsection (a) of |
21 | | Section 2; |
22 | | (b) $420,000 shall be transferred each month to the State |
23 | | Boating Act
Fund to be used by the Department of Natural |
24 | | Resources for the purposes
specified in Article X of the Boat |
25 | | Registration and Safety Act;
|
26 | | (c) $3,500,000 shall be transferred each month to the |
|
| | HB3817 Enrolled | - 201 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Grade Crossing
Protection Fund to be used as follows: not less |
2 | | than $12,000,000 each fiscal
year shall be used for the |
3 | | construction or reconstruction of rail highway grade
|
4 | | separation structures; $5,500,000 in fiscal year 2022 and each |
5 | | fiscal
year
thereafter shall be transferred to the |
6 | | Transportation
Regulatory Fund and shall be used to pay the |
7 | | cost of administration
of the Illinois Commerce Commission's |
8 | | railroad safety program in connection
with its duties under |
9 | | subsection (3) of Section 18c-7401 of the Illinois
Vehicle |
10 | | Code, with the remainder to be used by the Department of |
11 | | Transportation
upon order of the Illinois Commerce Commission, |
12 | | to pay that part of the
cost apportioned by such Commission to |
13 | | the State to cover the interest
of the public in the use of |
14 | | highways, roads, streets, or
pedestrian walkways in the
county |
15 | | highway system, township and district road system, or |
16 | | municipal
street system as defined in the Illinois Highway |
17 | | Code, as the same may
from time to time be amended, for |
18 | | separation of grades, for installation,
construction or |
19 | | reconstruction of crossing protection or reconstruction,
|
20 | | alteration, relocation including construction or improvement |
21 | | of any
existing highway necessary for access to property or |
22 | | improvement of any
grade crossing and grade crossing surface |
23 | | including the necessary highway approaches thereto of any
|
24 | | railroad across the highway or public road, or for the |
25 | | installation,
construction, reconstruction, or maintenance of |
26 | | safety treatments to deter trespassing or a pedestrian walkway |
|
| | HB3817 Enrolled | - 202 - | LRB103 30519 DTM 56952 b |
|
|
1 | | over or
under a railroad right-of-way, as provided for in and |
2 | | in
accordance with Section 18c-7401 of the Illinois Vehicle |
3 | | Code.
The Commission may order up to $2,000,000 per year in |
4 | | Grade Crossing Protection Fund moneys for the improvement of |
5 | | grade crossing surfaces and up to $300,000 per year for the |
6 | | maintenance and renewal of 4-quadrant gate vehicle detection |
7 | | systems located at non-high speed rail grade crossings.
In |
8 | | entering orders for projects for which payments from the Grade |
9 | | Crossing
Protection Fund will be made, the Commission shall |
10 | | account for expenditures
authorized by the orders on a cash |
11 | | rather than an accrual basis. For purposes
of this requirement |
12 | | an "accrual basis" assumes that the total cost of the
project |
13 | | is expended in the fiscal year in which the order is entered, |
14 | | while a
"cash basis" allocates the cost of the project among |
15 | | fiscal years as
expenditures are actually made. To meet the |
16 | | requirements of this subsection,
the Illinois Commerce |
17 | | Commission shall develop annual and 5-year project plans
of |
18 | | rail crossing capital improvements that will be paid for with |
19 | | moneys from
the Grade Crossing Protection Fund. The annual |
20 | | project plan shall identify
projects for the succeeding fiscal |
21 | | year and the 5-year project plan shall
identify projects for |
22 | | the 5 directly succeeding fiscal years. The Commission
shall |
23 | | submit the annual and 5-year project plans for this Fund to the |
24 | | Governor,
the President of the Senate, the Senate Minority |
25 | | Leader, the Speaker of the
House of Representatives, and the |
26 | | Minority Leader of the House of
Representatives on
the first |
|
| | HB3817 Enrolled | - 203 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Wednesday in April of each year;
|
2 | | (d) of the amount remaining after allocations provided for |
3 | | in
subsections (a), (a-1), (b), and (c), a sufficient amount |
4 | | shall be reserved to
pay all of the following:
|
5 | | (1) the costs of the Department of Revenue in |
6 | | administering this
Act;
|
7 | | (2) the costs of the Department of Transportation in |
8 | | performing its
duties imposed by the Illinois Highway Code |
9 | | for supervising the use of motor
fuel tax funds |
10 | | apportioned to municipalities, counties and road |
11 | | districts;
|
12 | | (3) refunds provided for in Section 13, refunds for |
13 | | overpayment of decal fees paid under Section 13a.4 of this |
14 | | Act, and refunds provided for under the terms
of the |
15 | | International Fuel Tax Agreement referenced in Section |
16 | | 14a;
|
17 | | (4) from October 1, 1985 until June 30, 1994, the |
18 | | administration of the
Vehicle Emissions Inspection Law, |
19 | | which amount shall be certified monthly by
the |
20 | | Environmental Protection Agency to the State Comptroller |
21 | | and shall promptly
be transferred by the State Comptroller |
22 | | and Treasurer from the Motor Fuel Tax
Fund to the Vehicle |
23 | | Inspection Fund, and for the period July 1, 1994 through
|
24 | | June 30, 2000, one-twelfth of $25,000,000 each month, for |
25 | | the period July 1, 2000 through June 30, 2003,
one-twelfth |
26 | | of
$30,000,000
each month,
and $15,000,000 on July 1, |
|
| | HB3817 Enrolled | - 204 - | LRB103 30519 DTM 56952 b |
|
|
1 | | 2003, and $15,000,000 on January 1, 2004, and $15,000,000
|
2 | | on
each
July
1 and October 1, or as soon thereafter as may |
3 | | be practical, during the period July 1, 2004 through June |
4 | | 30, 2012,
and $30,000,000 on June 1, 2013, or as soon |
5 | | thereafter as may be practical, and $15,000,000 on July 1 |
6 | | and October 1, or as soon thereafter as may be practical, |
7 | | during the period of July 1, 2013 through June 30, 2015, |
8 | | for the administration of the Vehicle Emissions Inspection |
9 | | Law of
2005, to be transferred by the State Comptroller |
10 | | and Treasurer from the Motor
Fuel Tax Fund into the |
11 | | Vehicle Inspection Fund;
|
12 | | (4.5) beginning on July 1, 2019, the costs of the |
13 | | Environmental Protection Agency for the administration of |
14 | | the Vehicle Emissions Inspection Law of 2005 shall be |
15 | | paid, subject to appropriation, from the Motor Fuel Tax |
16 | | Fund into the Vehicle Inspection Fund; beginning in 2019, |
17 | | no later than December 31 of each year, or as soon |
18 | | thereafter as practical, the State Comptroller shall |
19 | | direct and the State Treasurer shall transfer from the |
20 | | Vehicle Inspection Fund to the Motor Fuel Tax Fund any |
21 | | balance remaining in the Vehicle Inspection Fund in excess |
22 | | of $2,000,000; |
23 | | (5) amounts ordered paid by the Court of Claims; and
|
24 | | (6) payment of motor fuel use taxes due to member |
25 | | jurisdictions under
the terms of the International Fuel |
26 | | Tax Agreement. The Department shall
certify these amounts |
|
| | HB3817 Enrolled | - 205 - | LRB103 30519 DTM 56952 b |
|
|
1 | | to the Comptroller by the 15th day of each month; the
|
2 | | Comptroller shall cause orders to be drawn for such |
3 | | amounts, and the Treasurer
shall administer those amounts |
4 | | on or before the last day of each month;
|
5 | | (e) after allocations for the purposes set forth in |
6 | | subsections
(a), (a-1), (b), (c), and (d), the remaining |
7 | | amount shall be apportioned as follows:
|
8 | | (1) Until January 1, 2000, 58.4%, and beginning |
9 | | January 1, 2000, 45.6%
shall be deposited as follows:
|
10 | | (A) 37% into the State Construction Account Fund, |
11 | | and
|
12 | | (B) 63% into the Road Fund, $1,250,000 of which |
13 | | shall be reserved each
month for the Department of |
14 | | Transportation to be used in accordance with
the |
15 | | provisions of Sections 6-901 through 6-906 of the |
16 | | Illinois Highway Code;
|
17 | | (2) Until January 1, 2000, 41.6%, and beginning |
18 | | January 1, 2000, 54.4%
shall be transferred to the |
19 | | Department of Transportation to be
distributed as follows:
|
20 | | (A) 49.10% to the municipalities of the State,
|
21 | | (B) 16.74% to the counties of the State having |
22 | | 1,000,000 or more inhabitants,
|
23 | | (C) 18.27% to the counties of the State having |
24 | | less than 1,000,000 inhabitants,
|
25 | | (D) 15.89% to the road districts of the State.
|
26 | | If a township is dissolved under Article 24 of the |
|
| | HB3817 Enrolled | - 206 - | LRB103 30519 DTM 56952 b |
|
|
1 | | Township Code, McHenry County shall receive any moneys |
2 | | that would have been distributed to the township under |
3 | | this subparagraph, except that a municipality that assumes |
4 | | the powers and responsibilities of a road district under |
5 | | paragraph (6) of Section 24-35 of the Township Code shall |
6 | | receive any moneys that would have been distributed to the |
7 | | township in a percent equal to the area of the dissolved |
8 | | road district or portion of the dissolved road district |
9 | | over which the municipality assumed the powers and |
10 | | responsibilities compared to the total area of the |
11 | | dissolved township. The moneys received under this |
12 | | subparagraph shall be used in the geographic area of the |
13 | | dissolved township. If a township is reconstituted as |
14 | | provided under Section 24-45 of the Township Code, McHenry |
15 | | County or a municipality shall no longer be distributed |
16 | | moneys under this subparagraph. |
17 | | As soon as may be after the first day of each month, the |
18 | | Department of
Transportation shall allot to each municipality |
19 | | its share of the amount
apportioned to the several |
20 | | municipalities which shall be in proportion
to the population |
21 | | of such municipalities as determined by the last
preceding |
22 | | municipal census if conducted by the Federal Government or
|
23 | | Federal census. If territory is annexed to any municipality |
24 | | subsequent
to the time of the last preceding census the |
25 | | corporate authorities of
such municipality may cause a census |
26 | | to be taken of such annexed
territory and the population so |
|
| | HB3817 Enrolled | - 207 - | LRB103 30519 DTM 56952 b |
|
|
1 | | ascertained for such territory shall be
added to the |
2 | | population of the municipality as determined by the last
|
3 | | preceding census for the purpose of determining the allotment |
4 | | for that
municipality. If the population of any municipality |
5 | | was not determined
by the last Federal census preceding any |
6 | | apportionment, the
apportionment to such municipality shall be |
7 | | in accordance with any
census taken by such municipality. Any |
8 | | municipal census used in
accordance with this Section shall be |
9 | | certified to the Department of
Transportation by the clerk of |
10 | | such municipality, and the accuracy
thereof shall be subject |
11 | | to approval of the Department which may make
such corrections |
12 | | as it ascertains to be necessary.
|
13 | | As soon as may be after the first day of each month, the |
14 | | Department of
Transportation shall allot to each county its |
15 | | share of the amount
apportioned to the several counties of the |
16 | | State as herein provided.
Each allotment to the several |
17 | | counties having less than 1,000,000
inhabitants shall be in |
18 | | proportion to the amount of motor vehicle
license fees |
19 | | received from the residents of such counties, respectively,
|
20 | | during the preceding calendar year. The Secretary of State |
21 | | shall, on or
before April 15 of each year, transmit to the |
22 | | Department of
Transportation a full and complete report |
23 | | showing the amount of motor
vehicle license fees received from |
24 | | the residents of each county,
respectively, during the |
25 | | preceding calendar year. The Department of
Transportation |
26 | | shall, each month, use for allotment purposes the last
such |
|
| | HB3817 Enrolled | - 208 - | LRB103 30519 DTM 56952 b |
|
|
1 | | report received from the Secretary of State.
|
2 | | As soon as may be after the first day of each month, the |
3 | | Department
of Transportation shall allot to the several |
4 | | counties their share of the
amount apportioned for the use of |
5 | | road districts. The allotment shall
be apportioned among the |
6 | | several counties in the State in the proportion
which the |
7 | | total mileage of township or district roads in the respective
|
8 | | counties bears to the total mileage of all township and |
9 | | district roads
in the State. Funds allotted to the respective |
10 | | counties for the use of
road districts therein shall be |
11 | | allocated to the several road districts
in the county in the |
12 | | proportion which the total mileage of such township
or |
13 | | district roads in the respective road districts bears to the |
14 | | total
mileage of all such township or district roads in the |
15 | | county. After
July 1 of any year prior to 2011, no allocation |
16 | | shall be made for any road district
unless it levied a tax for |
17 | | road and bridge purposes in an amount which
will require the |
18 | | extension of such tax against the taxable property in
any such |
19 | | road district at a rate of not less than either .08% of the |
20 | | value
thereof, based upon the assessment for the year |
21 | | immediately prior to the year
in which such tax was levied and |
22 | | as equalized by the Department of Revenue
or, in DuPage |
23 | | County, an amount equal to or greater than $12,000 per mile of
|
24 | | road under the jurisdiction of the road district, whichever is |
25 | | less. Beginning July 1, 2011 and each July 1 thereafter, an |
26 | | allocation shall be made for any road district
if it levied a |
|
| | HB3817 Enrolled | - 209 - | LRB103 30519 DTM 56952 b |
|
|
1 | | tax for road and bridge purposes. In counties other than |
2 | | DuPage County, if the amount of the tax levy requires the |
3 | | extension of the tax against the taxable property in
the road |
4 | | district at a rate that is less than 0.08% of the value
|
5 | | thereof, based upon the assessment for the year immediately |
6 | | prior to the year
in which the tax was levied and as equalized |
7 | | by the Department of Revenue, then the amount of the |
8 | | allocation for that road district shall be a percentage of the |
9 | | maximum allocation equal to the percentage obtained by |
10 | | dividing the rate extended by the district by 0.08%. In DuPage |
11 | | County, if the amount of the tax levy requires the extension of |
12 | | the tax against the taxable property in
the road district at a |
13 | | rate that is less than the lesser of (i) 0.08% of the value
of |
14 | | the taxable property in the road district, based upon the |
15 | | assessment for the year immediately prior to the year
in which |
16 | | such tax was levied and as equalized by the Department of |
17 | | Revenue,
or (ii) a rate that will yield an amount equal to |
18 | | $12,000 per mile of
road under the jurisdiction of the road |
19 | | district, then the amount of the allocation for the road |
20 | | district shall be a percentage of the maximum allocation equal |
21 | | to the percentage obtained by dividing the rate extended by |
22 | | the district by the lesser of (i) 0.08% or (ii) the rate that |
23 | | will yield an amount equal to $12,000 per mile of
road under |
24 | | the jurisdiction of the road district. |
25 | | Prior to 2011, if any
road district has levied a special |
26 | | tax for road purposes
pursuant to Sections 6-601, 6-602, and |
|
| | HB3817 Enrolled | - 210 - | LRB103 30519 DTM 56952 b |
|
|
1 | | 6-603 of the Illinois Highway Code, and
such tax was levied in |
2 | | an amount which would require extension at a
rate of not less |
3 | | than .08% of the value of the taxable property thereof,
as |
4 | | equalized or assessed by the Department of Revenue,
or, in |
5 | | DuPage County, an amount equal to or greater than $12,000 per |
6 | | mile of
road under the jurisdiction of the road district, |
7 | | whichever is less,
such levy shall, however, be deemed a |
8 | | proper compliance with this
Section and shall qualify such |
9 | | road district for an allotment under this
Section. Beginning |
10 | | in 2011 and thereafter, if any
road district has levied a |
11 | | special tax for road purposes
under Sections 6-601, 6-602, and |
12 | | 6-603 of the Illinois Highway Code, and
the tax was levied in |
13 | | an amount that would require extension at a
rate of not less |
14 | | than 0.08% of the value of the taxable property of that road |
15 | | district,
as equalized or assessed by the Department of |
16 | | Revenue or, in DuPage County, an amount equal to or greater |
17 | | than $12,000 per mile of road under the jurisdiction of the |
18 | | road district, whichever is less, that levy shall be deemed a |
19 | | proper compliance with this
Section and shall qualify such |
20 | | road district for a full, rather than proportionate, allotment |
21 | | under this
Section. If the levy for the special tax is less |
22 | | than 0.08% of the value of the taxable property, or, in DuPage |
23 | | County if the levy for the special tax is less than the lesser |
24 | | of (i) 0.08% or (ii) $12,000 per mile of road under the |
25 | | jurisdiction of the road district, and if the levy for the |
26 | | special tax is more than any other levy for road and bridge |
|
| | HB3817 Enrolled | - 211 - | LRB103 30519 DTM 56952 b |
|
|
1 | | purposes, then the levy for the special tax qualifies the road |
2 | | district for a proportionate, rather than full, allotment |
3 | | under this Section. If the levy for the special tax is equal to |
4 | | or less than any other levy for road and bridge purposes, then |
5 | | any allotment under this Section shall be determined by the |
6 | | other levy for road and bridge purposes. |
7 | | Prior to 2011, if a township has transferred to the road |
8 | | and bridge fund
money which, when added to the amount of any |
9 | | tax levy of the road
district would be the equivalent of a tax |
10 | | levy requiring extension at a
rate of at least .08%, or, in |
11 | | DuPage County, an amount equal to or greater
than $12,000 per |
12 | | mile of road under the jurisdiction of the road district,
|
13 | | whichever is less, such transfer, together with any such tax |
14 | | levy,
shall be deemed a proper compliance with this Section |
15 | | and shall qualify
the road district for an allotment under |
16 | | this Section.
|
17 | | In counties in which a property tax extension limitation |
18 | | is imposed
under the Property Tax Extension Limitation Law, |
19 | | road districts may retain
their entitlement to a motor fuel |
20 | | tax allotment or, beginning in 2011, their entitlement to a |
21 | | full allotment if, at the time the property
tax
extension |
22 | | limitation was imposed, the road district was levying a road |
23 | | and
bridge tax at a rate sufficient to entitle it to a motor |
24 | | fuel tax allotment
and continues to levy the maximum allowable |
25 | | amount after the imposition of the
property tax extension |
26 | | limitation. Any road district may in all circumstances
retain |
|
| | HB3817 Enrolled | - 212 - | LRB103 30519 DTM 56952 b |
|
|
1 | | its entitlement to a motor fuel tax allotment or, beginning in |
2 | | 2011, its entitlement to a full allotment if it levied a road |
3 | | and
bridge tax in an amount that will require the extension of |
4 | | the tax against the
taxable property in the road district at a |
5 | | rate of not less than 0.08% of the
assessed value of the |
6 | | property, based upon the assessment for the year
immediately |
7 | | preceding the year in which the tax was levied and as equalized |
8 | | by
the Department of Revenue or, in DuPage County, an amount |
9 | | equal to or greater
than $12,000 per mile of road under the |
10 | | jurisdiction of the road district,
whichever is less.
|
11 | | As used in this Section, the term "road district" means |
12 | | any road
district, including a county unit road district, |
13 | | provided for by the
Illinois Highway Code; and the term |
14 | | "township or district road"
means any road in the township and |
15 | | district road system as defined in the
Illinois Highway Code. |
16 | | For the purposes of this Section, "township or
district road" |
17 | | also includes such roads as are maintained by park
districts, |
18 | | forest preserve districts and conservation districts. The
|
19 | | Department of Transportation shall determine the mileage of |
20 | | all township
and district roads for the purposes of making |
21 | | allotments and allocations of
motor fuel tax funds for use in |
22 | | road districts.
|
23 | | Payment of motor fuel tax moneys to municipalities and |
24 | | counties shall
be made as soon as possible after the allotment |
25 | | is made. The treasurer
of the municipality or county may |
26 | | invest these funds until their use is
required and the |
|
| | HB3817 Enrolled | - 213 - | LRB103 30519 DTM 56952 b |
|
|
1 | | interest earned by these investments shall be limited
to the |
2 | | same uses as the principal funds.
|
3 | | (Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19; |
4 | | 101-493, eff. 8-23-19; 102-16, eff. 6-17-21; 102-558, eff. |
5 | | 8-20-21; 102-699, eff. 4-19-22.)
|
6 | | Section 5-87. The Illinois Pension Code is amended by |
7 | | changing Sections 1A-112, 2-121.1, and 16-132 and by adding |
8 | | Sections 2-105.3 and 2-105.4 as follows:
|
9 | | (40 ILCS 5/1A-112)
|
10 | | Sec. 1A-112. Fees.
|
11 | | (a) Every pension fund that is required to file an annual |
12 | | statement under
Section 1A-109 shall pay to the Department an |
13 | | annual compliance fee. In the
case of a pension fund under |
14 | | Article 3 or 4 of this Code, (i) prior to the conclusion of the |
15 | | transition period, the annual compliance
fee shall be 0.02% (2 |
16 | | basis points) of the total
assets of the pension
fund, as |
17 | | reported in the most current annual statement of the fund, but |
18 | | not
more than $8,000 and (ii) after the conclusion of the |
19 | | transition period, the annual compliance fee shall be $8,000 |
20 | | and shall be paid by the Consolidated Fund. In the case of all |
21 | | other pension funds and
retirement
systems, the annual |
22 | | compliance fee shall be $8,000. Effective July 1, 2023, each |
23 | | pension fund established under Article 3 or 4 of this Code |
24 | | shall pay an annual compliance fee of at least 0.02% but not |
|
| | HB3817 Enrolled | - 214 - | LRB103 30519 DTM 56952 b |
|
|
1 | | more than 0.05% of the total assets of the pension fund, as |
2 | | reported in the most current annual statement of the fund, to |
3 | | the Department of Insurance unless the appropriate |
4 | | Consolidated Fund agrees to conduct an audit or examination of |
5 | | all pension funds as provided in Section 1A-104. The |
6 | | Department shall have the discretion to set the annual |
7 | | compliance fee to be paid by each pension fund to cover the |
8 | | cost of the compliance audits. The Department shall provide |
9 | | written notice to each Article 3 and Article 4 pension fund of |
10 | | the amount of the annual compliance fee due not less than 60 |
11 | | days prior to the fee payment deadline.
|
12 | | (b) The annual compliance fee shall be due on June 30 for |
13 | | the following
State fiscal year, except that the fee payable |
14 | | in 1997 for fiscal year 1998
shall be due no earlier than 30 |
15 | | days following the effective date of this
amendatory Act of |
16 | | 1997.
|
17 | | (c) Any information obtained by the Division that is |
18 | | available to the public
under the Freedom of Information Act |
19 | | and is either compiled in published form
or maintained on a |
20 | | computer processible medium shall be furnished upon the
|
21 | | written request of any applicant and the payment of a |
22 | | reasonable information
services fee established by the |
23 | | Director, sufficient to cover the total cost to
the Division |
24 | | of compiling, processing, maintaining, and generating the
|
25 | | information. The information may be furnished by means of |
26 | | published copy or on
a computer processed or computer |
|
| | HB3817 Enrolled | - 215 - | LRB103 30519 DTM 56952 b |
|
|
1 | | processible medium.
|
2 | | No fee may be charged to any person for information that |
3 | | the Division is
required by law to furnish to that person.
|
4 | | (d) Except as otherwise provided in this Section, all fees |
5 | | and penalties
collected by the Department under this Code |
6 | | shall be deposited into the Public
Pension Regulation Fund.
|
7 | | (e) Fees collected under subsection (c) of this Section |
8 | | and money collected
under Section 1A-107 shall be deposited |
9 | | into the Technology Management Revolving Fund and credited to |
10 | | the account of the Department's Public Pension
Division. This |
11 | | income shall be used exclusively for the
purposes set forth in |
12 | | Section 1A-107. Notwithstanding the provisions of
Section |
13 | | 408.2 of the Illinois Insurance Code, no surplus funds |
14 | | remaining in
this account shall be deposited in the Insurance |
15 | | Financial Regulation Fund.
All money in this account that the |
16 | | Director certifies is not needed for the
purposes set forth in |
17 | | Section 1A-107 of this Code shall be transferred to the
Public |
18 | | Pension Regulation Fund.
|
19 | | (f) Nothing in this Code prohibits the General Assembly |
20 | | from appropriating
funds from the General Revenue Fund to the |
21 | | Department for the purpose of
administering or enforcing this |
22 | | Code.
|
23 | | (Source: P.A. 100-23, eff. 7-6-17; 101-610, eff. 1-1-20.)
|
24 | | (40 ILCS 5/2-105.3 new) |
25 | | Sec. 2-105.3. Tier 1 participant; Tier 2 participant. |
|
| | HB3817 Enrolled | - 216 - | LRB103 30519 DTM 56952 b |
|
|
1 | | "Tier 1 participant": A participant who first became a |
2 | | participant before January 1, 2011. |
3 | | "Tier 2 participant": A participant who first became a |
4 | | participant on or after January 1, 2011. |
5 | | (40 ILCS 5/2-105.4 new) |
6 | | Sec. 2-105.4. Tier 1 retiree. "Tier 1 retiree" means a |
7 | | former Tier 1 participant who has made the election to retire |
8 | | and has terminated service.
|
9 | | (40 ILCS 5/2-121.1) (from Ch. 108 1/2, par. 2-121.1)
|
10 | | Sec. 2-121.1. Survivor's annuity; amount annuity - amount .
|
11 | | <