HB3817 EnrolledLRB103 30519 DTM 56952 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
ARTICLE 1.

 
5    Section 1-1. Short Title. This Act may be cited as the FY
62024 Budget Implementation Act.
 
7    Section 1-5. Purpose. It is the purpose of this Act to make
8changes in State programs that are necessary to implement the
9State budget for Fiscal Year 2024.
 
10
ARTICLE 3.

 
11    Section 3-5. Short title. This Article may be cited as the
12Council 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
15Governments. The majority and minority leadership of the
16Senate and the House of Representatives, as well as members of
17appropriate legislative committees and commissions, as
18determined by such leadership, may annually attend appropriate
19meetings of the Council of State Governments as

 

 

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1representatives of the General Assembly of the State of
2Illinois and may pay such annual membership fee as may be
3required to maintain membership in that organization.
 
4
ARTICLE 5.

 
5    Section 5-5. The State Employees Group Insurance Act of
61971 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
9recipients and community college dependent beneficiaries.
10    (a) Purpose. It is the purpose of this amendatory Act of
111997 to establish a uniform program of health benefits for
12community college benefit recipients and their dependent
13beneficiaries under the administration of the Department of
14Central Management Services.
15    (b) Creation of program. Beginning July 1, 1999, the
16Department of Central Management Services shall be responsible
17for administering a program of health benefits for community
18college benefit recipients and community college dependent
19beneficiaries under this Section. The State Universities
20Retirement System and the boards of trustees of the various
21community college districts shall cooperate with the
22Department in this endeavor.
23    (c) Eligibility. All community college benefit recipients

 

 

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1and community college dependent beneficiaries shall be
2eligible to participate in the program established under this
3Section, without any interruption or delay in coverage or
4limitation as to pre-existing medical conditions. Eligibility
5to participate shall be determined by the State Universities
6Retirement System. Eligibility information shall be
7communicated to the Department of Central Management Services
8in a format acceptable to the Department.
9    Eligible community college benefit recipients may enroll
10or re-enroll in the program of health benefits established
11under this Section during any applicable annual open
12enrollment period and as otherwise permitted by the Department
13of Central Management Services. A community college benefit
14recipient shall not be deemed ineligible to participate solely
15by reason of the community college benefit recipient having
16made a previous election to disenroll or otherwise not
17participate in the program of health benefits.
18    (d) Coverage. The health benefit coverage provided under
19this Section shall be a program of health, dental, and vision
20benefits.
21    The program of health benefits under this Section may
22include any or all of the benefit limitations, including but
23not limited to a reduction in benefits based on eligibility
24for federal Medicare benefits, that are provided under
25subsection (a) of Section 6 of this Act for other health
26benefit programs under this Act.

 

 

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1    (e) Insurance rates and premiums. The Director shall
2determine the insurance rates and premiums for community
3college benefit recipients and community college dependent
4beneficiaries and shall present to the State Universities
5Retirement System, by April 15 of each calendar year, the
6rate-setting methodology (including, but not limited to,
7utilization levels and costs) used to determine the insurance
8rates and premiums. Rates and premiums may be based in part on
9age and eligibility for federal Medicare coverage. The
10Director shall also determine premiums that will allow for the
11establishment of an actuarially sound reserve for this
12program.
13    The cost of health benefits under the program shall be
14paid 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

 

 

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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
15administration of the health benefit program established under
16this Section shall be deposited into the Community College
17Health Insurance Security Fund, which is hereby created as a
18nonappropriated trust fund to be held outside the State
19Treasury, with the State Treasurer as custodian. Any interest
20earned on moneys in the Community College Health Insurance
21Security Fund shall be deposited into the Fund.
22    Moneys in the Community College Health Insurance Security
23Fund shall be used only to pay the costs of the health benefit
24program established under this Section, including associated
25administrative costs and the establishment of a program
26reserve. Beginning January 1, 1999, the Department of Central

 

 

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1Management Services may make expenditures from the Community
2College Health Insurance Security Fund for those costs.
3    (g) Contract for benefits. The Director shall by contract,
4self-insurance, or otherwise make available the program of
5health benefits for community college benefit recipients and
6their community college dependent beneficiaries that is
7provided for in this Section. The contract or other
8arrangement for the provision of these health benefits shall
9be on terms deemed by the Director to be in the best interest
10of the State of Illinois and the community college benefit
11recipients based on, but not limited to, such criteria as
12administrative cost, service capabilities of the carrier or
13other contractor, and the costs of the benefits.
14    (h) Continuation of program. It is the intention of the
15General Assembly that the program of health benefits provided
16under this Section be maintained on an ongoing, affordable
17basis. The program of health benefits provided under this
18Section may be amended by the State and is not intended to be a
19pension or retirement benefit subject to protection under
20Article XIII, Section 5 of the Illinois Constitution.
21    (i) Other health benefit plans. A health benefit plan
22provided by a community college district (other than a
23community college district subject to Article VII of the
24Public Community College Act) under the terms of a collective
25bargaining agreement in effect on or prior to the effective
26date of this amendatory Act of 1997 shall continue in force

 

 

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1according to the terms of that agreement, unless otherwise
2mutually agreed by the parties to that agreement and the
3affected retiree. A community college benefit recipient or
4community college dependent beneficiary whose coverage under
5such a plan expires shall be eligible to begin participating
6in the program established under this Section without any
7interruption or delay in coverage or limitation as to
8pre-existing medical conditions.
9    This Act does not prohibit any community college district
10from offering additional health benefits for its retirees or
11their dependents or survivors.
12    (j) Committee. A Community College Insurance Program
13Committee shall be established and shall consist of the
14following 7 members who are appointed by the Governor: 2
15members who represent organized labor and are each members of
16different unions; one member who represents community college
17retirees; one member who represents community college
18trustees; one member who represents community college
19presidents; one member who represents the Illinois Community
20College Board; and one ex officio member who represents the
21State Universities Retirement System. The Department of
22Central Management Services shall provide administrative
23support to the Committee. The Committee shall convene at least
244 times each year and shall review and make recommendations on
25program contribution rates once the program is forecasted to
26have satisfied the outstanding program debt existing on June

 

 

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130, 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
5Insurance Security Fund.
6    (a) Beginning January 1, 1999 and through June 30, 2023,
7every active contributor of the State Universities Retirement
8System (established under Article 15 of the Illinois Pension
9Code) who (1) is a full-time employee of a community college
10district (other than a community college district subject to
11Article VII of the Public Community College Act) or an
12association of community college boards and (2) is not an
13employee as defined in Section 3 of this Act shall make
14contributions toward the cost of community college annuitant
15and survivor health benefits at the rate of 0.50% of salary.
16Beginning July 1, 2023 and through June 30, 2024, the
17contribution rate shall be 0.75% of salary. Beginning July 1,
182024 and through June 30, 2026, the contribution rate shall be
19a percentage of salary to be determined by the Department of
20Central Management Services, which in each fiscal year shall
21not exceed a 0.1 percentage point increase in the amount of
22salary actually required to be contributed for the previous
23fiscal year. Beginning July 1, 2026, the contribution rate
24shall be a percentage of salary to be determined by the
25Department of Central Management Services, which in each

 

 

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1fiscal year shall not exceed 105% of the percentage of salary
2actually required to be contributed for the previous fiscal
3year.
4    These contributions shall be deducted by the employer and
5paid to the State Universities Retirement System as service
6agent for the Department of Central Management Services. The
7System may use the same processes for collecting the
8contributions required by this subsection that it uses to
9collect the contributions received from those employees under
10Section 15-157 of the Illinois Pension Code. An employer may
11agree to pick up or pay the contributions required under this
12subsection on behalf of the employee; such contributions shall
13be deemed to have been paid by the employee.
14    The State Universities Retirement System shall promptly
15deposit all moneys collected under this subsection (a) into
16the Community College Health Insurance Security Fund created
17in Section 6.9 of this Act. The moneys collected under this
18Section shall be used only for the purposes authorized in
19Section 6.9 of this Act and shall not be considered to be
20assets of the State Universities Retirement System.
21Contributions made under this Section are not transferable to
22other pension funds or retirement systems and are not
23refundable upon termination of service.
24    (b) Beginning January 1, 1999 and through June 30, 2023,
25every community college district (other than a community
26college district subject to Article VII of the Public

 

 

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1Community College Act) or association of community college
2boards that is an employer under the State Universities
3Retirement System shall contribute toward the cost of the
4community college health benefits provided under Section 6.9
5of this Act an amount equal to 0.50% of the salary paid to its
6full-time employees who participate in the State Universities
7Retirement System and are not members as defined in Section 3
8of this Act. Beginning July 1, 2023 and through June 30, 2024,
9the contribution rate shall be 0.75% of the salary. Beginning
10July 1, 2024 and through June 30, 2026, the contribution rate
11shall be a percentage of salary to be determined by the
12Department of Central Management Services, which in each
13fiscal year shall not exceed a 0.1 percentage point increase
14in the amount of salary actually required to be contributed
15for the previous fiscal year. Beginning July 1, 2026, the
16contribution rate shall be a percentage of salary to be
17determined by the Department of Central Management Services,
18which in each fiscal year shall not exceed 105% of the
19percentage of salary actually required to be contributed for
20the previous fiscal year.
21    These contributions shall be paid by the employer to the
22State Universities Retirement System as service agent for the
23Department of Central Management Services. The System may use
24the same processes for collecting the contributions required
25by this subsection that it uses to collect the contributions
26received from those employers under Section 15-155 of the

 

 

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1Illinois Pension Code.
2    The State Universities Retirement System shall promptly
3deposit all moneys collected under this subsection (b) into
4the Community College Health Insurance Security Fund created
5in Section 6.9 of this Act. The moneys collected under this
6Section shall be used only for the purposes authorized in
7Section 6.9 of this Act and shall not be considered to be
8assets of the State Universities Retirement System.
9Contributions made under this Section are not transferable to
10other pension funds or retirement systems and are not
11refundable upon termination of service.
12    The Department of Central Management Services, or any
13successor agency designated to procure healthcare contracts
14pursuant to this Act, is authorized to establish funds,
15separate accounts provided by any bank or banks as defined by
16the Illinois Banking Act, or separate accounts provided by any
17savings and loan association or associations as defined by the
18Illinois Savings and Loan Act of 1985 to be held by the
19Director, outside the State treasury, for the purpose of
20receiving the transfer of moneys from the Community College
21Health Insurance Security Fund. The Department may promulgate
22rules further defining the methodology for the transfers. Any
23interest earned by moneys in the funds or accounts shall inure
24to the Community College Health Insurance Security Fund. The
25transferred moneys, and interest accrued thereon, shall be
26used exclusively for transfers to administrative service

 

 

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1organizations or their financial institutions for payments of
2claims to claimants and providers under the self-insurance
3health plan. The transferred moneys, and interest accrued
4thereon, shall not be used for any other purpose including,
5but not limited to, reimbursement of administration fees due
6the administrative service organization pursuant to its
7contract or contracts with the Department.
8    (c) On or before November 15 of each year, the Board of
9Trustees of the State Universities Retirement System shall
10certify to the Governor, the Director of Central Management
11Services, and the State Comptroller its estimate of the total
12amount of contributions to be paid under subsection (a) of
13this Section for the next fiscal year. Beginning in fiscal
14year 2008, the amount certified shall be decreased or
15increased each year by the amount that the actual active
16employee contributions either fell short of or exceeded the
17estimate used by the Board in making the certification for the
18previous fiscal year. The State Universities Retirement System
19shall calculate the amount of actual active employee
20contributions in fiscal years 1999 through 2005. Based upon
21this calculation, the fiscal year 2008 certification shall
22include an amount equal to the cumulative amount that the
23actual active employee contributions either fell short of or
24exceeded the estimate used by the Board in making the
25certification for those fiscal years. The certification shall
26include a detailed explanation of the methods and information

 

 

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1that the Board relied upon in preparing its estimate. As soon
2as possible after the effective date of this Section, the
3Board shall submit its estimate for fiscal year 1999.
4    On or after the effective date of the changes made to this
5Section by this amendatory Act of the 103rd General Assembly,
6but no later than June 30, 2023, the Board shall recalculate
7and recertify to the Governor, the Director of Central
8Management Services, and the State Comptroller its estimate of
9the total amount of contributions to be paid under subsection
10(a) for State fiscal year 2024, taking into account the
11changes in required employee contributions made by this
12amendatory Act of the 103rd General Assembly.
13    (d) Beginning in fiscal year 1999, on the first day of each
14month, or as soon thereafter as may be practical, the State
15Treasurer and the State Comptroller shall transfer from the
16General Revenue Fund to the Community College Health Insurance
17Security Fund 1/12 of the annual amount appropriated for that
18fiscal year to the State Comptroller for deposit into the
19Community College Health Insurance Security Fund under Section
201.4 of the State Pension Funds Continuing Appropriation Act.
21    (e) Except where otherwise specified in this Section, the
22definitions that apply to Article 15 of the Illinois Pension
23Code 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

 

 

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1changing 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
6of seed funds.
7    "Eligible child" means a child born or adopted after
8December 31, 2022, to a parent who is a resident of Illinois at
9the time of the birth or adoption, as evidenced by
10documentation received by the Treasurer from the Department of
11Revenue, the Department of Public Health, or another State or
12local government agency.
13    "Eligible educational institution" means institutions that
14are described in Section 1001 of the federal Higher Education
15Act of 1965 that are eligible to participate in Department of
16Education student aid programs.
17    "Fund" means the Illinois Higher Education Savings Program
18Fund.
19    "Omnibus account" means the pooled collection of seed
20funds owned and managed by the State Treasurer in the College
21Savings Pool under this Act.
22    "Program" means the Illinois Higher Education Savings
23Program.
24    "Qualified higher education expense" means the following:
25(i) tuition, fees, and the costs of books, supplies, and

 

 

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1equipment required for enrollment or attendance at an eligible
2educational institution; (ii) expenses for special needs
3services, in the case of a special needs beneficiary, which
4are incurred in connection with such enrollment or attendance;
5(iii) certain expenses for the purchase of computer or
6peripheral equipment, computer software, or Internet access
7and related services as defined under Section 529 of the
8Internal Revenue Code; (iv) room and board expenses incurred
9while attending an eligible educational institution at least
10half-time; (v) expenses for fees, books, supplies, and
11equipment required for the participation of a designated
12beneficiary in an apprenticeship program registered and
13certified with the Secretary of Labor under the National
14Apprenticeship Act (29 U.S.C. 50); and (vi) amounts paid as
15principal or interest on any qualified education loan of the
16designated beneficiary or a sibling of the designated
17beneficiary, as allowed under Section 529 of the Internal
18Revenue Code.
19    "Seed funds" means the deposit made by the State Treasurer
20into the Omnibus Accounts for Program beneficiaries.
21    (b) Program established. The State Treasurer shall
22establish the Illinois Higher Education Savings Program as a
23part of the College Savings Pool under Section 16.5 of this
24Act, subject to appropriation by the General Assembly. The
25State Treasurer shall administer the Program for the purposes
26of expanding access to higher education through savings.

 

 

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1    (c) Program enrollment. The State Treasurer shall enroll
2all eligible children in the Program beginning in 2023, after
3receiving records of recent births, adoptions, or dependents
4from the Department of Revenue, the Department of Public
5Health, or another State or local government agency designated
6by the Treasurer. Notwithstanding any court order which would
7otherwise prevent the release of information, the Department
8of Public Health is authorized to release the information
9specified under this subsection (c) to the State Treasurer for
10the 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

 

 

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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

 

 

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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
7births, adoptions, or dependents from the Department of
8Revenue, the Department of Public Health, or another State or
9local government agency, the State Treasurer shall make
10deposits into an omnibus account on behalf of eligible
11children. The State Treasurer shall be the owner of the
12omnibus 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

 

 

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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
19educational materials that support the financial literacy of
20beneficiaries and their legal guardians, and may do so in
21collaboration with State and federal agencies, including, but
22not limited to, the Illinois State Board of Education and
23existing nonprofit agencies with expertise in financial
24literacy and education.
25    (f) Supplementary deposits and partnerships. The State
26Treasurer may make supplementary deposits to children in

 

 

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1financially insecure households if sufficient funds are
2available. Furthermore, the State Treasurer may develop
3partnerships with private, nonprofit, or governmental
4organizations to provide additional savings incentives,
5including conditional cash transfers or matching contributions
6that provide a savings incentive based on specific actions
7taken or other criteria.
8    (g) Illinois Higher Education Savings Program Fund. The
9Illinois Higher Education Savings Program Fund is hereby
10established as a special fund in the State treasury. The Fund
11shall be the official repository of all contributions,
12appropriated funds, interest, and dividend payments, gifts, or
13other financial assets received by the State Treasurer in
14connection with the operation of the Program or related
15partnerships. All such moneys shall be deposited into in the
16Fund and held by the State Treasurer as custodian thereof. The
17State Treasurer may accept gifts, grants, awards, matching
18contributions, interest income, and appropriated funds from
19individuals, businesses, governments, and other third-party
20sources to implement the Program on terms that the Treasurer
21deems advisable. All interest or other earnings accruing or
22received on amounts in the Illinois Higher Education Savings
23Program Fund shall be credited to and retained by the Fund and
24used for the benefit of the Program. Assets of the Fund must at
25all times be preserved, invested, and expended only for the
26purposes of the Program and must be held for the benefit of the

 

 

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1beneficiaries. Assets may not be transferred or used by the
2State or the State Treasurer for any purposes other than the
3purposes of the Program. In addition, no moneys, interest, or
4other earnings paid into the Fund shall be used, temporarily
5or otherwise, for inter-fund borrowing or be otherwise used or
6appropriated except as expressly authorized by this Act.
7Notwithstanding the requirements of this subsection (g),
8amounts in the Fund may be used by the State Treasurer to pay
9the administrative costs of the Program.
10    (g-5) Fund deposits and payments. On July 15 of each year,
11beginning July 15, 2023, or as soon thereafter as practical,
12the State Comptroller shall direct and the State Treasurer
13shall transfer the sum of $2,500,000, or the amount that is
14appropriated annually by the General Assembly, whichever is
15greater, from the General Revenue Fund to the Illinois Higher
16Education Savings Program Fund to be used for the
17administration and operation of the Program.
18    (h) Audits and reports. The State Treasurer shall include
19the Illinois Higher Education Savings Program as part of the
20audit of the College Savings Pool described in Section 16.5.
21The State Treasurer shall annually prepare a report that
22includes a summary of the Program operations for the preceding
23fiscal year, including the number of children enrolled in the
24Program, the total amount of seed fund deposits, the rate of
25seed deposits claimed, and, to the extent data is reported and
26available, the racial, ethnic, socioeconomic, and geographic

 

 

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1data of beneficiaries and of children in financially insecure
2households who may receive automatic bonus deposits. Such
3other information that is relevant to make a full disclosure
4of the operations of the Program and Fund may also be reported.
5The report shall be made available on the Treasurer's website
6by January 31 each year, starting in January of 2024. The State
7Treasurer may include the Program in other reports as
8warranted.
9    (i) Rules. The State Treasurer may adopt rules necessary
10to implement this Section.
11(Source: P.A. 101-466, eff. 1-1-20; 102-129, eff. 7-23-21;
12102-558, eff. 8-20-21; 102-1047, eff. 1-1-23.)
 
13    Section 5-16. The Community Development Loan Guarantee Act
14is amended by changing Section 30-35 and by adding Section
1530-36 as follows:
 
16    (15 ILCS 516/30-35)
17    Sec. 30-35. Limitations on funding. The State Treasurer
18may allocate use up to $10,000,000 of investment earnings each
19year for the Loan Guarantee Program, provided that no more
20than $50,000,000 may be used for guaranteeing loans at any
21given time. The State Treasurer shall make the allocation to
22the Loan Guarantee Administrative Trust Fund prior to
23allocating interest from the gross earnings of the State
24investment portfolio.

 

 

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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
4Loan Guarantee Administrative Trust Fund is created as a
5nonappropriated trust fund within the State treasury. Moneys
6in the Fund may be used by the State Treasurer to guarantee
7loans and to cover administrative expenses related to the
8Program. The Fund may receive any grants or other moneys
9designated for administrative purposes from the State, from
10any unit of federal, State, or local government, or from any
11other person, firm, partnership, or corporation.
 
12    Section 5-17. The Substance Use Disorder Act is amended by
13changing 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
17in the Department by this Act, or by other laws of this State,
18the 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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.

 

 

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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

 

 

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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.

 

 

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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
26in it by this Act, or by other laws of this State, the

 

 

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1Department may undertake, but shall not be limited to, the
2following 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

 

 

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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
14Services an Office of Opioid Settlement Administration. The
15Office shall be responsible for implementing and administering
16approved abatement programs as described in Exhibit B of the
17Illinois Opioid Allocation Agreement, effective December 30,
182021. The Office may also implement and administer other
19opioid-related programs, including but not limited to
20prevention, treatment, and recovery services from other funds
21made available to the Department of Human Services. The
22Secretary of Human Services shall appoint or assign staff as
23necessary 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;
25102-699, eff. 4-19-22.)
 

 

 

HB3817 Enrolled- 36 -LRB103 30519 DTM 56952 b

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

 

 

HB3817 Enrolled- 37 -LRB103 30519 DTM 56952 b

1by subsection (a) for or on behalf of other State entities with
2the approval of both the Director of Central Management
3Services and the appropriate official or governing body of the
4other State entity.
5    (b) For the purposes of this Section, "State agency" means
6each State agency, department, board, and commission directly
7responsible to the Governor. "Professional services" means
8legal services, internal audit services, and other services as
9approved by the Governor. "Other State entity" means the
10Illinois State Board of Education and the Illinois State Toll
11Highway 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
14amended 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
17Registry fees.
18    (a) The DCFS Special Purposes Trust Fund is created as a
19trust fund in the State treasury. The Department is authorized
20to accept and deposit into the Fund moneys received from
21grants, gifts, or any other source, public or private, in
22support of the activities authorized by this Act or on behalf
23of any institution or program of the Department. Moneys
24received from federal sources or pursuant to Section 8.27 of

 

 

HB3817 Enrolled- 38 -LRB103 30519 DTM 56952 b

1the State Finance Act or Section 5-9-1.8 of the Unified Code of
2Corrections shall not be deposited into the Fund To accept and
3hold in behalf of the State, if for the public interest, a
4grant, gift or legacy of money or property to the State of
5Illinois, to the Department, or to any institution or program
6of the Department made in trust for the maintenance or support
7of a resident of an institution of the Department, or for any
8other legitimate purpose connected with such institution or
9program. The Department shall cause each gift, grant or legacy
10to be kept as a distinct fund, and shall invest the same in the
11manner provided by the laws of this State as the same now
12exist, or shall hereafter be enacted, relating to securities
13in which the deposit in savings banks may be invested. But the
14Department may, in its discretion, deposit in a proper trust
15company or savings bank, during the continuance of the trust,
16any fund so left in trust for the life of a person, and shall
17adopt rules and regulations governing the deposit, transfer,
18or withdrawal of such fund. The Department shall on the
19expiration of any trust as provided in any instrument creating
20the same, dispose of the fund thereby created in the manner
21provided in such instrument. The Department shall include in
22its required reports a statement showing what funds are so
23held by it and the condition thereof. Monies found on
24residents at the time of their admission, or accruing to them
25during their period of institutional care, and monies
26deposited with the superintendents by relatives, guardians or

 

 

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1friends of residents for the special comfort and pleasure of
2such resident, shall remain in the custody of such
3superintendents who shall act as trustees for disbursement to,
4in behalf of, or for the benefit of such resident. All types of
5retirement and pension benefits from private and public
6sources may be paid directly to the superintendent of the
7institution where the person is a resident, for deposit to the
8resident's trust fund account.
9    (b) The Department shall deposit hold all Putative Father
10Registry fees collected under Section 12.1 of the Adoption Act
11into the DCFS Special Purposes Trust Fund in a distinct fund
12for the Department's use in maintaining the Putative Father
13Registry. The Department shall invest the moneys in the fund
14in the same manner as moneys in the funds described in
15subsection (a) and shall include in its required reports a
16statement showing the condition of the fund.
17    (c) The DCFS Federal Projects Fund is created as a federal
18trust fund in the State treasury. Moneys in the DCFS Federal
19Projects Fund shall be used for the specific purposes
20established by the terms and conditions of the federal grant
21or award and for other authorized expenses in accordance with
22federal requirements.
23(Source: P.A. 94-1010, eff. 10-1-06.)
 
24    Section 5-30. The Illinois Promotion Act is amended by
25changing 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,
3whenever used or referred to in this Act, shall have the
4following meanings, except where the context may otherwise
5require:
6    (a) "Department" means the Department of Commerce and
7Economic Opportunity of the State of Illinois.
8    (b) "Local promotion group" means any non-profit
9corporation, organization, association, agency or committee
10thereof formed for the primary purpose of publicizing,
11promoting, advertising or otherwise encouraging the
12development of tourism in any municipality, county, or region
13of Illinois.
14    (c) "Promotional activities" means preparing, planning and
15conducting campaigns of information, advertising and publicity
16through such media as newspapers, radio, television,
17magazines, trade journals, moving and still photography,
18posters, outdoor signboards and personal contact within and
19without the State of Illinois; dissemination of information,
20advertising, publicity, photographs and other literature and
21material designed to carry out the purpose of this Act; and
22participation in and attendance at meetings and conventions
23concerned primarily with tourism, including travel to and from
24such meetings.
25    (d) "Municipality" means "municipality" as defined in

 

 

HB3817 Enrolled- 41 -LRB103 30519 DTM 56952 b

1Section 1-1-2 of the Illinois Municipal Code, as heretofore
2and hereafter amended.
3    (e) "Tourism" means travel 50 miles or more one-way or an
4overnight trip outside of a person's normal routine.
5    (f) "Municipal amateur sports facility" means a sports
6facility that: (1) is owned by a unit of local government; (2)
7has contiguous indoor sports competition space; (3) is
8designed to principally accommodate and host amateur
9competitions for youths, adults, or both; and (4) is not used
10for professional sporting events where participants are
11compensated for their participation.
12    (g) "Municipal convention center" means a convention
13center or civic center owned by a unit of local government or
14operated by a convention center authority, or a municipal
15convention hall as defined in paragraph (1) of Section 11-65-1
16of the Illinois Municipal Code, with contiguous exhibition
17space ranging between 30,000 and 125,000 square feet.
18    (h) "Convention center authority" means an Authority, as
19defined by the Civic Center Code, that operates a municipal
20convention center with contiguous exhibition space ranging
21between 30,000 and 125,000 square feet.
22    (i) "Incentive" means: (1) a financial incentive provided
23by a unit of local government, a local promotion group, a
24not-for-profit organization, a for-profit organization, or a
25convention center authority to attract a convention, meeting,
26or trade show held at a municipal convention center that, but

 

 

HB3817 Enrolled- 42 -LRB103 30519 DTM 56952 b

1for the incentive, would not have occurred in the State or been
2retained in the State; or (2) a financial incentive provided
3by a unit of local government, a local promotion group, a
4not-for-profit organization, a for-profit organization, or a
5convention center authority for attracting a sporting event
6held at its municipal amateur sports facility that, but for
7the incentive, would not have occurred in the State or been
8retained in the State; but (3) only a financial incentive
9offered or provided to a person or entity in the form of
10financial benefits or costs which are allowable costs pursuant
11to the Grant Accountability and Transparency Act.
12    (j) "Unit of local government" has the meaning provided in
13Section 1 of Article VII of the Illinois Constitution.
14    (k) "Local parks" means any park, recreation area, or
15other similar facility owned or operated by a unit of local
16government.
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
21Fund pursuant to this subsection are allocated to the
22Department for utilization, as appropriated, in the
23performance of its powers under Section 4; except that during
24fiscal year 2013, the Department shall reserve $9,800,000 of
25the total funds available for appropriation in the Tourism

 

 

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1Promotion Fund for appropriation to the Historic Preservation
2Agency for the operation of the Abraham Lincoln Presidential
3Library and Museum and State historic sites; and except that
4beginning in fiscal year 2019, moneys in the Tourism Promotion
5Fund may also be allocated to the Illinois Department of
6Agriculture, the Illinois Department of Natural Resources, and
7the Abraham Lincoln Presidential Library and Museum for
8utilization, as appropriated, to administer their
9responsibilities as State agencies promoting tourism in
10Illinois, and for tourism-related purposes.
11    As soon as possible after the first day of each month,
12beginning July 1, 1997 and ending on the effective date of this
13amendatory Act of the 100th General Assembly, upon
14certification of the Department of Revenue, the Comptroller
15shall order transferred and the Treasurer shall transfer from
16the General Revenue Fund to the Tourism Promotion Fund an
17amount equal to 13% of the net revenue realized from the Hotel
18Operators' Occupation Tax Act plus an amount equal to 13% of
19the net revenue realized from any tax imposed under Section
204.05 of the Chicago World's Fair-1992 Authority Act during the
21preceding month. "Net revenue realized for a month" means the
22revenue collected by the State under that Act during the
23previous month less the amount paid out during that same month
24as refunds to taxpayers for overpayment of liability under
25that Act.
26    (1.1) (Blank).

 

 

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1    (2) (Blank). As soon as possible after the first day of
2each month, beginning July 1, 1997 and ending on the effective
3date of this amendatory Act of the 100th General Assembly,
4upon certification of the Department of Revenue, the
5Comptroller shall order transferred and the Treasurer shall
6transfer from the General Revenue Fund to the Tourism
7Promotion Fund an amount equal to 8% of the net revenue
8realized from the Hotel Operators' Occupation Tax plus an
9amount equal to 8% of the net revenue realized from any tax
10imposed under Section 4.05 of the Chicago World's Fair-1992
11Authority Act during the preceding month. "Net revenue
12realized for a month" means the revenue collected by the State
13under that Act during the previous month less the amount paid
14out during that same month as refunds to taxpayers for
15overpayment of liability under that Act.
16    All monies deposited in the Tourism Promotion Fund under
17this subsection (2) shall be used solely as provided in this
18subsection to advertise and promote tourism throughout
19Illinois. Appropriations of monies deposited in the Tourism
20Promotion Fund pursuant to this subsection (2) shall be used
21solely for advertising to promote tourism, including but not
22limited to advertising production and direct advertisement
23costs, but shall not be used to employ any additional staff,
24finance any individual event, or lease, rent or purchase any
25physical facilities. The Department shall coordinate its
26advertising under this subsection (2) with other public and

 

 

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1private entities in the State engaged in similar promotion
2activities. Print or electronic media production made pursuant
3to this subsection (2) for advertising promotion shall not
4contain or include the physical appearance of or reference to
5the name or position of any public officer. "Public officer"
6means a person who is elected to office pursuant to statute, or
7who is appointed to an office which is established, and the
8qualifications and duties of which are prescribed, by statute,
9to discharge a public duty for the State or any of its
10political subdivisions.
11    (3) (Blank). Notwithstanding anything in this Section to
12the contrary, amounts transferred from the General Revenue
13Fund to the Tourism Promotion Fund pursuant to this Section
14shall not exceed $26,300,000 in State fiscal year 2012.
15    (4) (Blank). As soon as possible after the first day of
16each month, beginning July 1, 2017 and ending June 30, 2018, if
17the amount of revenue deposited into the Tourism Promotion
18Fund under subsection (c) of Section 6 of the Hotel Operators'
19Occupation Tax Act is less than 21% of the net revenue realized
20from the Hotel Operators' Occupation Tax during the preceding
21month, then, upon certification of the Department of Revenue,
22the State Comptroller shall direct and the State Treasurer
23shall transfer from the General Revenue Fund to the Tourism
24Promotion Fund an amount equal to the difference between 21%
25of the net revenue realized from the Hotel Operators'
26Occupation Tax during the preceding month and the amount of

 

 

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1revenue deposited into the Tourism Promotion Fund under
2subsection (c) of Section 6 of the Hotel Operators' Occupation
3Tax Act.
4    (5) As soon as possible after the first day of each month,
5beginning July 1, 2018, if the amount of revenue deposited
6into the Tourism Promotion Fund under Section 6 of the Hotel
7Operators' Occupation Tax Act is less than 21% of the net
8revenue realized from the Hotel Operators' Occupation Tax
9during the preceding month, then, upon certification of the
10Department of Revenue, the State Comptroller shall direct and
11the State Treasurer shall transfer from the General Revenue
12Fund to the Tourism Promotion Fund an amount equal to the
13difference between 21% of the net revenue realized from the
14Hotel Operators' Occupation Tax during the preceding month and
15the amount of revenue deposited into the Tourism Promotion
16Fund under Section 6 of the Hotel Operators' Occupation Tax
17Act.
18    (6) In addition to any other transfers that may be
19provided for by law, on the effective date of the changes made
20to this Section by this amendatory Act of the 103rd General
21Assembly, or as soon thereafter as practical, but no later
22than June 30, 2023, the State Comptroller shall direct and the
23State Treasurer shall transfer from the Tourism Promotion Fund
24into the designated funds the following amounts:
25        International Tourism Fund..............$2,274,267.36
26        Chicago Travel Industry Promotion Fund..$4,396,916.95

 

 

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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,
6subject to appropriations by the General Assembly for this
7purpose from the Tourism Promotion Fund, to counties,
8municipalities, other units of local government, local
9promotion groups, not-for-profit organizations, or for-profit
10businesses for the development or improvement of tourism
11attractions in Illinois. Individual grants and loans shall not
12exceed $1,000,000 and shall not exceed 50% of the entire
13amount of the actual expenditures for the development or
14improvement of a tourist attraction. Agreements for loans made
15by the Department pursuant to this subsection may contain
16provisions regarding term, interest rate, security as may be
17required by the Department and any other provisions the
18Department may require to protect the State's interest.
19    (2) From appropriations to the Department from the State
20CURE fund for this purpose, the Department shall establish
21Tourism Attraction grants for purposes outlined in subsection
22(1). Grants under this subsection shall not exceed $1,000,000
23but may exceed 50% of the entire amount of the actual
24expenditure for the development or improvement of a tourist
25attraction, including, but not limited to, festivals.

 

 

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1Expenditures of such funds shall be in accordance with the
2permitted purposes under Section 9901 of the American Rescue
3Plan Act of 2021 and all related federal guidance.
4    (3) Subject to appropriation, the Department is authorized
5to issue competitive grants with initial terms of up to 5 years
6for the purpose of administering an incentive program that
7will attract or retain conventions, meetings, sporting events,
8and trade shows in Illinois with the goal of increasing
9business or leisure travel.
10(Source: P.A. 102-16, eff. 6-17-21; 102-287, eff. 8-6-21;
11102-813, eff. 5-13-22.)
 
12    Section 5-31. The Department of Human Services Act is
13amended by adding Section 1-85 as follows:
 
14    (20 ILCS 1305/1-85 new)
15    Sec. 1-85. Home Illinois Program. Subject to
16appropriation, the Department of Human Services shall
17establish the Home Illinois Program. The Home Illinois Program
18shall focus on preventing and ending homelessness in Illinois
19and may include, but not be limited to, homeless prevention,
20emergency and transitional housing, rapid rehousing, outreach,
21capital investment, and related services and supports for
22individuals at risk or experiencing homelessness. The
23Department may establish program eligibility criteria and
24other program requirements by rule. The Department of Human

 

 

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1Services may consult with the Capital Development Board, the
2Department of Commerce and Economic Opportunity, and the
3Illinois Housing Development Authority in the management and
4disbursement of funds for capital related projects. The
5Capital Development Board, the Department of Commerce and
6Economic Opportunity, and the Illinois Housing Development
7Authority shall act in a consulting role only for the
8evaluation of applicants, scoring of applicants, or
9administration of the grant program.
 
10    Section 5-32. The Department of Innovation and Technology
11Act 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
14and consent of the Senate, appoint a person within the
15Department to serve as the Deputy Secretary. The Deputy
16Secretary shall receive an annual salary as set by the
17Governor and shall be paid out of appropriations to the
18Department. The Deputy Secretary shall not be subject to the
19Personnel Code. The duties of the Deputy Secretary shall
20include the coordination of the State's digital modernization
21and other duties as assigned by the Secretary.
 
22    Section 5-33. The Disabilities Services Act of 2003 is
23amended by changing Sections 51, 52, and 53 as follows:
 

 

 

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1    (20 ILCS 2407/51)
2    Sec. 51. Legislative intent. It is the intent of the
3General Assembly to promote the civil rights of persons with
4disabilities by providing community-based service for persons
5with disabilities when such services are determined
6appropriate and desired, as required by Title II of the
7Americans with Disabilities Act under the United States
8Supreme Court's decision in Olmstead v. L.C., 527 U.S. 581
9(1999). In accordance with Section 6071 of the Deficit
10Reduction Act of 2005 (P.L. 109-171), as amended by the
11federal Consolidated Appropriations Act, 2021 (P.L. 116-260),
12the purpose of this Act is (i) to identify and reduce barriers
13or mechanisms, whether in State law, the State Medicaid Plan,
14the State budget, or otherwise, that prevent or restrict the
15flexible use of public funds to enable individuals with
16disabilities to receive support for appropriate and necessary
17long-term care services in settings of their choice; (ii) to
18increase the use of home and community-based long-term care
19services, rather than institutions or long-term care
20facilities; (iii) to increase the ability of the State
21Medicaid program to assure continued provision of home and
22community-based long-term care services to eligible
23individuals who choose to transition from an institution or a
24long-term care facility to a community setting; and (iv) to
25ensure that procedures are in place that are at least

 

 

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1comparable to those required under the qualified home and
2community-based program to provide quality assurance for
3eligible individuals receiving Medicaid home and
4community-based long-term care services and to provide for
5continuous quality improvement in such services. Utilizing the
6framework created by the "Money Follows the Person"
7demonstration project, approval received by the State on May
814, 2007, and any subsequently enacted "Money Follows the
9Person" demonstration project or initiative terms and
10conditions, the purpose of this Act is to codify and reinforce
11the State's commitment to promote individual choice and
12control and increase utilization of home and community-based
13services 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

 

 

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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

 

 

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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
11Section 6071 of the Deficit Reduction Act of 2005 (P.L.
12109-171), as used in this Article:
13    "Departments". The term "Departments" means for the
14purposes of this Act, the Department of Human Services, the
15Department on Aging, Department of Healthcare and Family
16Services and Department of Public Health, unless otherwise
17noted.
18    "Home and community-based long-term care services". The
19term "home and community-based long-term care services" means,
20with respect to the State Medicaid program, a service aid, or
21benefit, home and community-based services, including, but not
22limited to, home health and personal care services, that are
23provided to a person with a disability, and are voluntarily
24accepted, as part of his or her long-term care that: (i) is
25provided under the State's qualified home and community-based

 

 

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1program or that could be provided under such a program but is
2otherwise provided under the Medicaid program; (ii) is
3delivered in a qualified residence; and (iii) is necessary for
4the person with a disability to live in the community.
5    "ID/DD community care facility". The term "ID/DD community
6care facility", for the purposes of this Article, means a
7skilled nursing or intermediate long-term care facility
8subject to licensure by the Department of Public Health under
9the ID/DD Community Care Act or the MC/DD Act, an intermediate
10care facility for persons with developmental disabilities
11(ICF-DDs), and a State-operated developmental center or mental
12health center, whether publicly or privately owned.
13    "Money Follows the Person" Demonstration. Enacted by the
14Deficit Reduction Act of 2005, as amended by the federal
15Consolidated Appropriations Act, 2021 (P.L. 116-260), the
16Money Follows the Person (MFP) Rebalancing Demonstration is
17part of a comprehensive, coordinated strategy to assist
18states, in collaboration with stakeholders, to make widespread
19changes to their long-term care support systems. This
20initiative will assist states in their efforts to reduce their
21reliance on institutional care while developing
22community-based long-term care opportunities, enabling the
23elderly and people with disabilities to fully participate in
24their communities.
25    "Public funds" mean any funds appropriated by the General
26Assembly to the Departments of Human Services, on Aging, of

 

 

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1Healthcare and Family Services and of Public Health for
2settings and services as defined in this Article.
3    "Qualified residence". The term "qualified residence"
4means, with respect to an eligible individual: (i) a home
5owned or leased by the individual or the individual's
6authorized representative (as defined by P.L. 109-171); (ii)
7an apartment with an individual lease, with lockable access
8and egress, and which includes living, sleeping, bathing, and
9cooking areas over which the individual or the individual's
10family has domain and control; or (iii) a residence, in a
11community-based residential setting, in which no more than 4
12unrelated individuals reside. Where qualified residences are
13not sufficient to meet the demand of eligible individuals,
14time-limited exceptions to this definition may be developed
15through administrative rule.
16    "Self-directed services". The term "self-directed
17services" means, with respect to home and community-based
18long-term services for an eligible individual, those services
19for the individual that are planned and purchased under the
20direction and control of the individual or the individual's
21authorized representative, including the amount, duration,
22scope, provider, and location of such services, under the
23State Medicaid program consistent with the following
24requirements:
25        (a) Assessment: there is an assessment of the needs,
26    capabilities, and preference of the individual with

 

 

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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;
1499-642, 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
18transformation, as evidenced by the creation and subsequent
19work products of the Disability Services Advisory Committee,
20Older Adult Services Advisory Committee, Housing Task Force
21and other executive and legislative branch initiatives.
22    (b) Illinois' Money Follows the Person demonstrations or
23initiatives capitalize demonstration approval capitalizes on
24this progress and commit commits the State to transition
25approximately 3,357 older persons and persons with

 

 

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1developmental, physical, or psychiatric disabilities from
2institutional to home and community-based settings, as
3appropriate resulting in an increased percentage of long-term
4care community spending over the next 5 years.
5    (c) (Blank). The State will endeavor to increase the
6percentage of community-based long-term care spending over the
7next 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
15and will seek legislative authority to implement a Money
16Follows the Person budgetary mechanism to allocate or
17reallocate funds for the purpose of expanding the
18availability, quality or stability of home and community-based
19long-term care services and supports for persons with
20disabilities.
21    (e) The allocation of public funds for home and
22community-based long-term care services shall not have the
23effect of: (i) diminishing or reducing the quality of services
24available to residents of long-term care facilities; (ii)
25forcing any residents of long-term care facilities to
26involuntarily accept home and community-based long-term care

 

 

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1services, or causing any residents of long-term care
2facilities to be involuntarily transferred or discharged;
3(iii) causing reductions in long-term care facility
4reimbursement rates in effect as of July 1, 2008; or (iv)
5diminishing 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
8Administrative Code of Illinois is amended by changing Section
92605-407 as follows:
 
10    (20 ILCS 2605/2605-407)
11    Sec. 2605-407. Illinois State Police Federal Projects
12Fund.
13    (a) The Illinois State Police Federal Projects Fund is
14established as a federal trust fund in the State treasury.
15This federal Trust Fund is established to receive funds
16awarded to the Illinois State Police from the following: (i)
17all federal departments and agencies for the specific purposes
18established by the terms and conditions of the federal awards
19and (ii) federal pass-through grants from State departments
20and agencies for the specific purposes established by the
21terms and conditions of the grant agreements. Any interest
22earnings that are attributable to moneys in the federal trust
23fund must be deposited into the Fund.
24    (b) In addition to any other transfers that may be

 

 

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1provided for by law, on July 1, 2023, or as soon thereafter as
2practical, the State Comptroller shall direct and the State
3Treasurer shall transfer the sum of $2,000,000 from the State
4Police Services Fund to the Illinois State Police Federal
5Projects Fund.
6(Source: P.A. 102-538, eff. 8-20-21.)
 
7    Section 5-40. The State Fire Marshal Act is amended by
8adding Section 2.8 as follows:
 
9    (20 ILCS 2905/2.8 new)
10    Sec. 2.8. Fire Station Rehabilitation and Construction
11Grant Program. The Office shall establish and administer a
12Fire Station Rehabilitation and Construction Grant Program to
13award grants to units of local government for the
14rehabilitation or construction of fire stations. The Office
15shall adopt any rules necessary for the implementation and
16administration of this Section.
 
17    Section 5-45. The Governor's Office of Management and
18Budget 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
21Authority Bonds. Subject to appropriation, the Office may make
22payments from the Tobacco Settlement Recovery Fund to the

 

 

HB3817 Enrolled- 60 -LRB103 30519 DTM 56952 b

1trustee of those bonds issued by the Railsplitter Tobacco
2Settlement Authority with which the Authority has executed a
3bond indenture pursuant to the terms of the Railsplitter
4Tobacco Settlement Authority Act for the purpose of defeasing
5outstanding bonds of the Authority.
 
6    Section 5-47. The Illinois Emergency Management Agency Act
7is 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
10Projects Fund is created as a trust fund in the State treasury.
11The Fund shall consist of any moneys appropriated to the
12Agency for purposes of the Illinois' Not-For-Profit Security
13Grant Program, a grant program authorized by subsection (g-5)
14of Section 5 of this Act, to provide funding support for target
15hardening activities and other physical security enhancements
16for qualifying not-for-profit organizations that are at high
17risk of terrorist attack. The Agency is authorized to use
18moneys appropriated from the Fund to make grants to
19not-for-profit organizations for target hardening activities,
20security personnel, and physical security enhancements and for
21the payment of administrative expenses associated with the
22Not-For-Profit Security Grant Program. As used in this
23Section, "target hardening activities" include, but are not
24limited to, the purchase and installation of security

 

 

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1equipment on real property owned or leased by the
2not-for-profit organization. Grants, gifts, and moneys from
3any other source, public or private, may also be deposited
4into the Fund and used for the purposes authorized by this Act.
 
5    Section 5-50. The State Finance Act is amended by changing
6Sections 5.62, 5.366, 5.581, 5.765, 5.857, 6, 6z-27, 6z-32,
76z-35, 6z-43, 6z-100, 6z-121, 6z-126, 8.3, 8.12, 8g-1, 13.2,
8and 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
11Section 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
15repealed 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.
19This Section is repealed on January 1, 2024.
20(Source: P.A. 95-331, eff. 8-21-07.)
 
21    (30 ILCS 105/5.765)

 

 

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1    Sec. 5.765. The Soil and Water Conservation District Fund.
2This 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.
7This Section is repealed July 1, 2025 2023.
8(Source: P.A. 101-10, eff. 6-5-19; 101-645, eff. 6-26-20;
9102-16, 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
14other transfers that may be provided for by law, on July 1,
152023, or as soon thereafter as practical, the State
16Comptroller shall direct and the State Treasurer shall
17transfer the sum of $10,000,000 from the Road Fund to the
18Federal Mass Transit Trust Fund. This Section is repealed on
19January 1, 2025.
 
20    (30 ILCS 105/5h.6 new)
21    Sec. 5h.6. Cash flow borrowing and health insurance funds
22liquidity.

 

 

HB3817 Enrolled- 63 -LRB103 30519 DTM 56952 b

1    (a) To meet cash flow deficits and to maintain liquidity
2in the Community College Health Insurance Security Fund, the
3State Treasurer and the State Comptroller, as directed by the
4Governor, shall make transfers, on and after July 1, 2023 and
5through June 30, 2024, to the Community College Health
6Insurance Security Fund out of the Health Insurance Reserve
7Fund, to the extent allowed by federal law.
8    The outstanding total transfers made from the Health
9Insurance Reserve Fund to the Community College Health
10Insurance Security Fund under this Section shall, at no time,
11exceed $50,000,000. Once the amount of $50,000,000 has been
12transferred from the Health Insurance Reserve Fund to the
13Community College Health Insurance Security Fund, additional
14transfers may be made from the Health Insurance Reserve Fund
15to the Community College Health Insurance Security Fund under
16this Section only to the extent that moneys have first been
17retransferred from the Community College Health Insurance
18Security Fund to the Health Insurance Reserve Fund.
19    (b) If moneys have been transferred to the Community
20College Health Insurance Security Fund pursuant to subsection
21(a) of this Section, this amendatory Act of the 103rd General
22Assembly shall constitute the continuing authority for and
23direction to the State Treasurer and State Comptroller to
24reimburse the Health Insurance Reserve Fund from the Community
25College Health Insurance Security Fund by transferring to the
26Health Insurance Reserve Fund, at such times and in such

 

 

HB3817 Enrolled- 64 -LRB103 30519 DTM 56952 b

1amounts as directed by the Comptroller when necessary to
2support appropriated expenditures from the Health Insurance
3Reserve Fund, an amount equal to that transferred from the
4Health Insurance Reserve Fund, except that any moneys
5transferred pursuant to subsection (a) of this Section shall
6be repaid to the fund of origin within 108 months after the
7date on which they were borrowed. The continuing authority for
8reimbursement provided for in this subsection (b) shall expire
996 months after the date of the last transfer made pursuant to
10subsection (a) of this Section, or June 30, 2032, whichever is
11sooner.
12    (c) Beginning July 31, 2024, and every July 31 thereafter
13until all moneys borrowed pursuant to this Section have been
14repaid, the Comptroller shall annually report on every
15transfer made pursuant to this Section. The report shall
16identify the amount of each transfer, including the date and
17the end-of-day balance of the Health Insurance Reserve Fund
18and the Community College Health Insurance Security Fund on
19the date each transfer was made, and the status of all funds
20transferred under this Section for the previous fiscal year.
21All reports under this Section shall be provided in an
22electronic format to the Commission on Government Forecasting
23and Accountability and to the Governor's Office of Management
24and 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
2of all lands leased by the Department of Corrections and of all
3industrial operations at the several State institutions and
4divisions under the direction and supervision of the
5Department of Corrections shall be covered into the State
6treasury into a state trust fund to be known as the "The
7Working Capital Revolving Fund". "Industrial operations", as
8herein used, means and includes the operation of those State
9institutions producing, by the use of materials, supplies and
10labor, goods, or wares or merchandise to be sold. On July 1,
112023, or as soon thereafter as practical, the State
12Comptroller shall direct and the State Treasurer shall
13transfer the remaining balance from the Working Capital
14Revolving Fund into the General Revenue Fund. Upon completion
15of the transfer, the Working Capital Revolving Fund is
16dissolved, and any future deposits due to that Fund and any
17outstanding obligations or liabilities of that Fund shall pass
18to 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
22transferred, appropriated and used only for the purposes
23authorized by, and subject to the limitations and conditions
24prescribed 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

1thereafter as practical, the State Comptroller shall order
2transferred and the State Treasurer shall transfer from the
3following funds moneys in the specified amounts for deposit
4into the Audit Expense Fund:
5African-American HIV/AIDS Response Fund................$1,421
6Agricultural Premium Fund............................$122,719
7Alzheimer's Awareness Fund.............................$1,499
8Alzheimer's Disease Research, Care, and Support Fund.....$662
9Amusement Ride and Patron Safety Fund..................$6,315
10Assisted Living and Shared Housing Regulatory Fund.....$2,564
11Capital Development Board Revolving Fund..............$15,118
12Care Provider Fund for Persons with a Developmental
13    Disability........................................$15,392
14Carolyn Adams Ticket For The Cure Grant Fund.............$927
15CDLIS/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
21Chicago Police Memorial Foundation Fund..................$708
22Chicago State University Education Improvement Fund...$13,666
23Child Labor and Day and Temporary Labor
24    Services Enforcement Fund.........................$11,991
25Child Support Administrative Fund......................$5,287
26Clean Air Act Permit Fund..............................$1,556

 

 

HB3817 Enrolled- 67 -LRB103 30519 DTM 56952 b

1Coal Technology Development Assistance Fund............$6,936
2Common School Fund...................................$343,892
3Community Mental Health Medicaid Trust Fund...........$14,084
4Corporate Franchise Tax Refund Fund....................$1,096
5DCFS Children's Services Fund..........................$8,766
6Death Certificate Surcharge Fund.......................$2,060
7Death Penalty Abolition Fund...........................$2,448
8Department of Business Services Special
9    Operations Fund...................................$13,889
10Department of Human Services Community Services Fund...$7,970
11Downstate Public Transportation Fund..................$11,631
12Dram Shop Fund.......................................$142,500
13Driver Services Administration Fund....................$1,873
14Drug Rebate Fund......................................$42,473
15Drug Treatment Fund....................................$1,767
16Education Assistance Fund..........................$2,031,292
17Emergency Public Health Fund...........................$5,162
18Environmental Protection Permit and Inspection Fund....$1,447
19Estate Tax Refund Fund...................................$852
20Facilities Management Revolving Fund..................$50,148
21Facility Licensing Fund................................$5,522
22Fair and Exposition Fund...............................$4,248
23Feed Control Fund......................................$7,709
24Fertilizer Control Fund................................$6,849
25Fire Prevention Fund...................................$3,859
26Fund for the Advancement of Education.................$24,772

 

 

HB3817 Enrolled- 68 -LRB103 30519 DTM 56952 b

1General Assembly Operations Revolving Fund.............$1,146
2General Professions Dedicated Fund.....................$4,039
3General Revenue Fund..............................$17,653,153
4Governor's Administrative Fund.........................$2,832
5Governor's Grant Fund.................................$17,709
6Grade Crossing Protection Fund...........................$930
7Grant Accountability and Transparency Fund...............$805
8Guardianship and Advocacy Fund........................$14,843
9Hazardous Waste Fund.....................................$835
10Health Facility Plan Review Fund.......................$1,776
11Health and Human Services Medicaid Trust Fund..........$6,554
12Healthcare Provider Relief Fund......................$407,107
13Healthy Smiles Fund......................................$738
14Home Care Services Agency Licensure Fund...............$3,101
15Hospital Licensure Fund................................$1,688
16Hospital Provider Fund...............................$138,829
17ICCB Federal Trust Fund................................$9,968
18ICJIA Violence Prevention Fund...........................$932
19Illinois Affordable Housing Trust Fund................$17,236
20Illinois Clean Water Fund..............................$2,152
21Illinois Health Facilities Planning Fund...............$3,094
22IMSA Income Fund......................................$12,417
23Illinois Power Agency Operations Fund.................$62,583
24Illinois School Asbestos Abatement Fund..................$784
25Illinois State Fair Fund..............................$29,752
26Illinois State Police Memorial Park Fund.................$681

 

 

HB3817 Enrolled- 69 -LRB103 30519 DTM 56952 b

1Illinois Telecommunications Access Corporation Fund....$1,668
2Illinois Underground Utility Facilities
3    Damage Prevention Fund.............................$4,276
4Illinois Veterans' Rehabilitation Fund.................$5,943
5Illinois Workers' Compensation Commission
6    Operations Fund..................................$243,187
7Income Tax Refund Fund................................$54,420
8Lead Poisoning Screening, Prevention, and
9    Abatement Fund....................................$16,379
10Live and Learn Fund...................................$25,492
11Lobbyist Registration Administration Fund..............$1,471
12Local Government Distributive Fund....................$44,025
13Long Term Care Monitor/Receiver Fund..................$42,016
14Long-Term Care Provider Fund..........................$13,537
15Low-Level Radioactive Waste Facility Development
16    and Operation Fund...................................$618
17Mandatory Arbitration Fund.............................$2,104
18Medical Special Purposes Trust Fund......................$786
19Mental Health Fund.....................................$9,376
20Mental Health Reporting Fund...........................$1,443
21Metabolic Screening and Treatment Fund................$32,049
22Monitoring Device Driving Permit Administration
23    Fee Fund...........................................$1,616
24Motor Fuel Tax Fund...................................$36,238
25Motor Vehicle License Plate Fund......................$17,694
26Multiple Sclerosis Research Fund.........................$758

 

 

HB3817 Enrolled- 70 -LRB103 30519 DTM 56952 b

1Nuclear Safety Emergency Preparedness Fund............$26,117
2Nursing Dedicated and Professional Fund................$2,420
3Open Space Lands Acquisition and Development Fund........$658
4Partners For Conservation Fund........................$89,847
5Pension Stabilization Fund.............................$1,031
6Personal Property Tax Replacement Fund...............$290,755
7Pesticide Control Fund................................$30,513
8Plumbing Licensure and Program Fund....................$6,276
9Police Memorial Committee Fund...........................$813
10Professional Services Fund............................$72,029
11Public Health Laboratory Services Revolving Fund.......$5,816
12Public Transportation Fund............................$46,826
13Public Utility Fund..................................$198,423
14Radiation Protection Fund.............................$11,034
15Renewable Energy Resources Trust Fund..................$7,834
16Road Fund............................................$226,150
17Regional Transportation Authority Occupation
18    and Use Tax Replacement Fund.......................$1,167
19School Infrastructure Fund.............................$7,749
20Secretary of State DUI Administration Fund.............$2,694
21Secretary of State Identification Security
22    and Theft Prevention Fund.........................$12,676
23Secretary of State Police Services Fund..................$717
24Secretary of State Special License Plate Fund..........$4,203
25Secretary of State Special Services Fund..............$34,491
26Securities Audit and Enforcement Fund..................$8,198

 

 

HB3817 Enrolled- 71 -LRB103 30519 DTM 56952 b

1Solid Waste Management Fund............................$1,613
2Special Olympics Illinois and Special
3    Children's Charities Fund............................$852
4Special Education Medicaid Matching Fund...............$5,131
5Sports Wagering Fund...................................$4,450
6State and Local Sales Tax Reform Fund..................$2,361
7State Construction Account Fund.......................$37,865
8State Gaming Fund.....................................$94,435
9State Garage Revolving Fund............................$8,977
10State Lottery Fund...................................$340,323
11State Pensions Fund..................................$500,000
12State Treasurer's Bank Services Trust Fund.............$1,295
13Supreme Court Special Purposes Fund....................$1,722
14Tattoo and Body Piercing Establishment
15    Registration Fund....................................$950
16Tax Compliance and Administration Fund.................$1,483
17Technology Management Revolving Fund.................$186,193
18Tobacco Settlement Recovery Fund......................$29,864
19Tourism Promotion Fund................................$50,155
20Transportation Regulatory Fund........................$78,256
21Trauma Center Fund.....................................$1,960
22Underground Storage Tank Fund..........................$3,630
23University of Illinois Hospital Services Fund..........$6,712
24Vehicle Hijacking and Motor Vehicle
25    Theft Prevention and Insurance
26    Verification Trust Fund...........................$10,970

 

 

HB3817 Enrolled- 72 -LRB103 30519 DTM 56952 b

1Vehicle Inspection Fund................................$5,069
2Weights and Measures Fund.............................$22,129
3Youth Alcoholism and Substance Abuse Prevention Fund.....$526
4Attorney General Court Ordered and Voluntary Compliance
5    Payment Projects Fund.............................$38,974
6Attorney General Sex Offender Awareness,
7    Training, and Education Fund.........................$539
8Aggregate Operations Regulatory Fund.....................$711
9Agricultural Premium Fund.............................$25,265
10Attorney General's State Projects and Court
11    Ordered Distribution Fund.........................$43,667
12Anna Veterans Home Fund...............................$15,792
13Appraisal Administration Fund..........................$4,017
14Attorney General Whistleblower Reward
15    and Protection Fund...............................$22,896
16Bank and Trust Company Fund...........................$78,017
17Cannabis Expungement Fund..............................$4,501
18Capital Development Board Revolving Fund...............$2,494
19Care Provider Fund for Persons with
20    a Developmental Disability.........................$5,707
21CDLIS/AAMVAnet/NMVTIS Trust Fund.......................$1,702
22Cemetery Oversight Licensing and Disciplinary Fund.....$5,002
23Chicago State University Education
24    Improvement Fund..................................$16,218
25Child Support Administrative Fund......................$2,657
26Clean Air Act Permit Fund.............................$10,108

 

 

HB3817 Enrolled- 73 -LRB103 30519 DTM 56952 b

1Coal Technology Development Assistance Fund...........$12,943
2Commitment to Human Services Fund....................$111,465
3Common School Fund...................................$445,997
4Community Mental Health Medicaid Trust Fund............$9,599
5Community Water Supply Laboratory Fund...................$637
6Credit Union Fund.....................................$16,048
7DCFS Children's Services Fund........................$287,247
8Department of Business Services
9    Special Operations Fund............................$4,402
10Department of Corrections Reimbursement
11    and Education Fund................................$60,429
12Design Professionals Administration
13    and Investigation Fund.............................$3,362
14Department of Human Services Community Services Fund...$5,239
15Downstate Public Transportation Fund..................$30,625
16Driver Services Administration Fund......................$639
17Drivers Education Fund.................................$1,202
18Drug Rebate Fund......................................$22,702
19Drug Treatment Fund......................................$571
20Drycleaner Environmental Response Trust Fund.............$846
21Education Assistance Fund..........................$1,969,661
22Environmental Protection Permit and
23    Inspection Fund....................................$7,079
24Facilities Management Revolving Fund..................$16,163
25Federal High Speed Rail Trust Fund.....................$1,264
26Federal Workforce Training Fund.......................$91,791

 

 

HB3817 Enrolled- 74 -LRB103 30519 DTM 56952 b

1Feed Control Fund......................................$1,701
2Fertilizer Control Fund................................$1,791
3Fire Prevention Fund...................................$3,507
4Firearm Dealer License Certification Fund................$648
5Fund for the Advancement of Education.................$44,609
6General Professions Dedicated Fund....................$31,353
7General Revenue Fund..............................$17,663,958
8Grade Crossing Protection Fund.........................$1,856
9Hazardous Waste Fund...................................$8,446
10Health and Human Services Medicaid Trust Fund..........$6,134
11Healthcare Provider Relief Fund......................$185,164
12Horse Racing Fund....................................$169,632
13Hospital Provider Fund................................$63,346
14ICCB Federal Trust Fund..............................$10,805
15Illinois Affordable Housing Trust Fund.................$5,414
16Illinois Charity Bureau Fund...........................$3,298
17Illinois Clean Water Fund.............................$11,951
18Illinois Forestry Development Fund....................$11,004
19Illinois Gaming Law Enforcement Fund...................$1,869
20IMSA Income Fund.......................................$2,188
21Illinois Military Family Relief Fund...................$6,986
22Illinois Power Agency Operations Fund.................$41,229
23Illinois State Dental Disciplinary Fund................$6,127
24Illinois State Fair Fund.................................$660
25Illinois State Medical Disciplinary Fund..............$23,384
26Illinois State Pharmacy Disciplinary Fund.............$10,308

 

 

HB3817 Enrolled- 75 -LRB103 30519 DTM 56952 b

1Illinois Veterans Assistance Fund......................$2,016
2Illinois Veterans' Rehabilitation Fund...................$862
3Illinois Wildlife Preservation Fund....................$1,742
4Illinois Workers' Compensation Commission
5    Operations Fund....................................$4,476
6Income Tax Refund Fund...............................$239,691
7Insurance Financial Regulation Fund..................$104,462
8Insurance Premium Tax Refund Fund.....................$23,121
9Insurance Producer Administration Fund...............$104,566
10International Tourism Fund.............................$1,985
11LaSalle Veterans Home Fund............................$46,145
12LEADS Maintenance Fund...................................$681
13Live and Learn Fund....................................$8,120
14Local Government Distributive Fund...................$154,289
15Long-Term Care Provider Fund...........................$6,468
16Manteno Veterans Home Fund............................$93,493
17Mental Health Fund....................................$12,227
18Mental Health Reporting Fund.............................$611
19Monitoring Device Driving Permit
20    Administration Fee Fund..............................$617
21Motor Carrier Safety Inspection Fund...................$1,823
22Motor Fuel Tax Fund..................................$103,497
23Motor Vehicle License Plate Fund.......................$5,656
24Motor Vehicle Theft Prevention and Insurance
25    Verification Trust Fund............................$2,618
26Nursing Dedicated and Professional Fund...............$11,973

 

 

HB3817 Enrolled- 76 -LRB103 30519 DTM 56952 b

1Off-Highway Vehicle Trails Fund........................$1,994
2Open Space Lands Acquisition and Development Fund.....$45,493
3Optometric Licensing and Disciplinary Board Fund.......$1,169
4Partners For Conservation Fund........................$19,950
5Pawnbroker Regulation Fund.............................$1,053
6Personal Property Tax Replacement Fund...............$203,036
7Pesticide Control Fund.................................$6,845
8Professional Services Fund.............................$2,778
9Professions Indirect Cost Fund.......................$172,106
10Public Pension Regulation Fund.........................$6,919
11Public Transportation Fund............................$77,303
12Quincy Veterans Home Fund.............................$91,704
13Real Estate License Administration Fund...............$33,329
14Registered Certified Public Accountants'
15    Administration and Disciplinary Fund...............$3,617
16Renewable Energy Resources Trust Fund..................$1,591
17Rental Housing Support Program Fund....................$1,539
18Residential Finance Regulatory Fund...................$20,510
19Road Fund............................................$399,062
20Regional Transportation Authority Occupation and
21    Use Tax Replacement Fund...........................$5,205
22Salmon Fund..............................................$655
23School Infrastructure Fund............................$14,015
24Secretary of State DUI Administration Fund.............$1,025
25Secretary of State Identification Security
26    and Theft Prevention Fund..........................$4,502

 

 

HB3817 Enrolled- 77 -LRB103 30519 DTM 56952 b

1Secretary of State Special License Plate Fund..........$1,384
2Secretary of State Special Services Fund...............$8,114
3Securities Audit and Enforcement Fund..................$2,824
4State Small Business Credit Initiative Fund............$4,331
5Solid Waste Management Fund...........................$10,397
6Special Education Medicaid Matching Fund...............$2,924
7Sports Wagering Fund...................................$8,572
8State Police Law Enforcement Administration Fund.......$6,822
9State and Local Sales Tax Reform Fund.................$10,355
10State Asset Forfeiture Fund............................$1,740
11State Aviation Program Fund..............................$557
12State Construction Account Fund......................$195,722
13State Crime Laboratory Fund............................$7,743
14State Gaming Fund....................................$204,660
15State Garage Revolving Fund............................$3,731
16State Lottery Fund...................................$129,814
17State Offender DNA Identification System Fund..........$1,405
18State Pensions Fund..................................$500,000
19State Police Firearm Services Fund....................$16,122
20State Police Services Fund............................$21,151
21State Police Vehicle Fund..............................$3,013
22State Police Whistleblower Reward
23    and Protection Fund................................$2,452
24Subtitle D Management Fund.............................$1,431
25Supplemental Low-Income Energy Assistance Fund........$68,591
26Tax Compliance and Administration Fund.................$5,259

 

 

HB3817 Enrolled- 78 -LRB103 30519 DTM 56952 b

1Technology Management Revolving Fund.................$244,294
2Tobacco Settlement Recovery Fund.......................$4,653
3Tourism Promotion Fund................................$35,322
4Traffic and Criminal Conviction Surcharge Fund.......$136,332
5Underground Storage Tank Fund.........................$20,429
6University of Illinois Hospital Services Fund..........$3,664
7Vehicle Inspection Fund...............................$11,203
8Violent Crime Victims Assistance Fund.................$14,202
9Weights and Measures Fund..............................$6,127
10Working Capital Revolving Fund........................$18,120
11    Notwithstanding any provision of the law to the contrary,
12the General Assembly hereby authorizes the use of such funds
13for the purposes set forth in this Section.
14    These provisions do not apply to funds classified by the
15Comptroller as federal trust funds or State trust funds. The
16Audit Expense Fund may receive transfers from those trust
17funds only as directed herein, except where prohibited by the
18terms of the trust fund agreement. The Auditor General shall
19notify the trustees of those funds of the estimated cost of the
20audit to be incurred under the Illinois State Auditing Act for
21the fund. The trustees of those funds shall direct the State
22Comptroller and Treasurer to transfer the estimated amount to
23the Audit Expense Fund.
24    The Auditor General may bill entities that are not subject
25to the above transfer provisions, including private entities,
26related organizations and entities whose funds are

 

 

HB3817 Enrolled- 79 -LRB103 30519 DTM 56952 b

1locally-held, for the cost of audits, studies, and
2investigations incurred on their behalf. Any revenues received
3under this provision shall be deposited into the Audit Expense
4Fund.
5    In the event that moneys on deposit in any fund are
6unavailable, by reason of deficiency or any other reason
7preventing their lawful transfer, the State Comptroller shall
8order transferred and the State Treasurer shall transfer the
9amount deficient or otherwise unavailable from the General
10Revenue Fund for deposit into the Audit Expense Fund.
11    On or before December 1, 1992, and each December 1
12thereafter, the Auditor General shall notify the Governor's
13Office of Management and Budget (formerly Bureau of the
14Budget) of the amount estimated to be necessary to pay for
15audits, studies, and investigations in accordance with the
16Illinois State Auditing Act during the next succeeding fiscal
17year for each State fund for which a transfer or reimbursement
18is anticipated.
19    Beginning with fiscal year 1994 and during each fiscal
20year thereafter, the Auditor General may direct the State
21Comptroller and Treasurer to transfer moneys from funds
22authorized by the General Assembly for that fund. In the event
23funds, including federal and State trust funds but excluding
24the General Revenue Fund, are transferred, during fiscal year
251994 and during each fiscal year thereafter, in excess of the
26amount to pay actual costs attributable to audits, studies,

 

 

HB3817 Enrolled- 80 -LRB103 30519 DTM 56952 b

1and investigations as permitted or required by the Illinois
2State Auditing Act or specific action of the General Assembly,
3the Auditor General shall, on September 30, or as soon
4thereafter as is practicable, direct the State Comptroller and
5Treasurer to transfer the excess amount back to the fund from
6which it was originally transferred.
7(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
8102-16, 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
12the Conservation 2000 Fund) and the Partners for Conservation
13Projects Fund (formerly known as the Conservation 2000
14Projects Fund) are created as special funds in the State
15Treasury. These funds shall be used to establish a
16comprehensive program to protect Illinois' natural resources
17through cooperative partnerships between State government and
18public and private landowners. Moneys in these Funds may be
19used, subject to appropriation, by the Department of Natural
20Resources, Environmental Protection Agency, and the Department
21of Agriculture for purposes relating to natural resource
22protection, planning, recreation, tourism, climate resilience,
23and compatible agricultural and economic development
24activities. Without limiting these general purposes, moneys in
25these Funds may be used, subject to appropriation, for the

 

 

HB3817 Enrolled- 81 -LRB103 30519 DTM 56952 b

1following 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
19automatically transfer on the last day of each month,
20beginning on September 30, 1995 and ending on June 30, 2024
212023, from the General Revenue Fund to the Partners for
22Conservation Fund, an amount equal to 1/10 of the amount set
23forth below in fiscal year 1996 and an amount equal to 1/12 of
24the amount set forth below in each of the other specified
25fiscal years:
26Fiscal Year Amount

 

 

HB3817 Enrolled- 83 -LRB103 30519 DTM 56952 b

11996$ 3,500,000
21997$ 9,000,000
31998$10,000,000
41999$11,000,000
52000$12,500,000
62001 through 2004$14,000,000
72005 $7,000,000
82006 $11,000,000
92007 $0
102008 through 2011 $14,000,000
112012 $12,200,000
122013 through 2017 $14,000,000
132018 $1,500,000
142019 $14,000,000
152020 $7,500,000
162021 through 2023 $14,000,000
172024 $18,000,000
18    (c) The State Comptroller and State Treasurer shall
19automatically transfer on the last day of each month beginning
20on July 31, 2021 and ending June 30, 2022, from the
21Environmental Protection Permit and Inspection Fund to the
22Partners for Conservation Fund, an amount equal to 1/12 of
23$4,135,000.
24    (c-1) The State Comptroller and State Treasurer shall
25automatically transfer on the last day of each month beginning
26on July 31, 2022 and ending June 30, 2023, from the

 

 

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1Environmental Protection Permit and Inspection Fund to the
2Partners for Conservation Fund, an amount equal to 1/12 of
3$5,900,000.
4    (d) There shall be deposited into the Partners for
5Conservation Projects Fund such bond proceeds and other moneys
6as 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;
8102-699, eff. 4-19-22.)
 
9    (30 ILCS 105/6z-35)
10    Sec. 6z-35. There is hereby created in the State Treasury
11a special fund to be known as the Live and Learn Fund. The
12Comptroller and the Treasurer shall transfer $1,742,000 from
13the General Revenue Fund into the Live and Learn Fund each
14month. The first transfer shall be made 60 days after the
15effective date of this amendatory Act of 1993, with subsequent
16transfers occurring on the first of each month. Moneys
17deposited into the Fund may, subject to appropriation, be used
18by the Secretary of State for any or all of the following
19purposes:
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
25Learn Fund and any outstanding obligations or liabilities of

 

 

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1that Fund shall pass to the General Revenue Fund. On November
21, 2023, or as soon thereafter as practical, the State
3Comptroller shall direct and the State Treasurer shall
4transfer the remaining balance from the Live and Learn Fund
5into the Secretary of State Special Services Fund. This
6Section 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
11to be known as the Tobacco Settlement Recovery Fund, which
12shall contain 3 accounts: (i) the General Account, (ii) the
13Tobacco Settlement Bond Proceeds Account and (iii) the Tobacco
14Settlement Residual Account. There shall be deposited into the
15several accounts of the Tobacco Settlement Recovery Fund and
16the Attorney General Tobacco Fund all monies paid to the State
17pursuant to (1) the Master Settlement Agreement entered in the
18case of People of the State of Illinois v. Philip Morris, et
19al. (Circuit Court of Cook County, No. 96-L13146) and (2) any
20settlement with or judgment against any tobacco product
21manufacturer other than one participating in the Master
22Settlement Agreement in satisfaction of any released claim as
23defined in the Master Settlement Agreement, as well as any
24other monies as provided by law. Moneys shall be deposited
25into the Tobacco Settlement Bond Proceeds Account and the

 

 

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1Tobacco Settlement Residual Account as provided by the terms
2of the Railsplitter Tobacco Settlement Authority Act, provided
3that an annual amount not less than $2,500,000, subject to
4appropriation, shall be deposited into the Attorney General
5Tobacco Fund for use only by the Attorney General's office.
6The scheduled $2,500,000 deposit into the Tobacco Settlement
7Residual Account for fiscal year 2011 should be transferred to
8the Attorney General Tobacco Fund in fiscal year 2012 as soon
9as this fund has been established. All other moneys available
10to be deposited into the Tobacco Settlement Recovery Fund
11shall be deposited into the General Account. An investment
12made from moneys credited to a specific account constitutes
13part of that account and such account shall be credited with
14all income from the investment of such moneys. The Treasurer
15may invest the moneys in the several accounts of the Fund in
16the same manner, in the same types of investments, and subject
17to the same limitations provided in the Illinois Pension Code
18for the investment of pension funds other than those
19established under Article 3 or 4 of the Code. Notwithstanding
20the foregoing, to the extent necessary to preserve the
21tax-exempt status of any bonds issued pursuant to the
22Railsplitter Tobacco Settlement Authority Act, the interest on
23which is intended to be excludable from the gross income of the
24owners for federal income tax purposes, moneys on deposit in
25the Tobacco Settlement Bond Proceeds Account and the Tobacco
26Settlement Residual Account may be invested in obligations the

 

 

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1interest upon which is tax-exempt under the provisions of
2Section 103 of the Internal Revenue Code of 1986, as now or
3hereafter amended, or any successor code or provision.
4    (b) Moneys on deposit in the Tobacco Settlement Bond
5Proceeds Account and the Tobacco Settlement Residual Account
6may be expended, subject to appropriation, for the purposes
7authorized in subsection (g) of Section 3-6 of the
8Railsplitter Tobacco Settlement Authority Act.
9    (b-5) Moneys on deposit in the Tobacco Settlement Recovery
10Fund may be expended, subject to appropriation, for payments
11pursuant to Section 2.13 of the Governor's Office of
12Management and Budget Act.
13    (c) As soon as may be practical after June 30, 2001, upon
14notification from and at the direction of the Governor, the
15State Comptroller shall direct and the State Treasurer shall
16transfer the unencumbered balance in the Tobacco Settlement
17Recovery Fund as of June 30, 2001, as determined by the
18Governor, into the Budget Stabilization Fund. The Treasurer
19may invest the moneys in the Budget Stabilization Fund in the
20same manner, in the same types of investments, and subject to
21the same limitations provided in the Illinois Pension Code for
22the investment of pension funds other than those established
23under Article 3 or 4 of the Code.
24    (d) All federal financial participation moneys received
25pursuant to expenditures from the Fund shall be deposited into
26the General Account.

 

 

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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;
5payments into and use. All monies received by the Capital
6Development Board for publications or copies issued by the
7Board, and all monies received for contract administration
8fees, charges, or reimbursements owing to the Board shall be
9deposited into a special fund known as the Capital Development
10Board Revolving Fund, which is hereby created in the State
11treasury. The monies in this Fund shall be used by the Capital
12Development Board, as appropriated, for expenditures for
13personal services, retirement, social security, contractual
14services, legal services, travel, commodities, printing,
15equipment, electronic data processing, or telecommunications.
16For fiscal year 2021 and thereafter, the monies in this Fund
17may also be appropriated to and used by the Executive Ethics
18Commission for oversight and administration of the Chief
19Procurement Officer appointed under paragraph (1) of
20subsection (a) of Section 10-20 of the Illinois Procurement
21Code. Unexpended moneys in the Fund shall not be transferred
22or allocated by the Comptroller or Treasurer to any other
23fund, nor shall the Governor authorize the transfer or
24allocation of those moneys to any other fund. This Section is
25repealed July 1, 2025 2023.

 

 

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1(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
2101-645, eff. 6-26-20; 102-16, eff. 6-17-21; 102-699, eff.
34-19-22.)
 
4    (30 ILCS 105/6z-121)
5    Sec. 6z-121. State Coronavirus Urgent Remediation
6Emergency Fund.
7    (a) The State Coronavirus Urgent Remediation Emergency
8(State CURE) Fund is created as a federal trust fund within the
9State treasury. The State CURE Fund shall be held separate and
10apart from all other funds in the State treasury. The State
11CURE Fund is established: (1) to receive, directly or
12indirectly, federal funds from the Coronavirus Relief Fund in
13accordance with Section 5001 of the federal Coronavirus Aid,
14Relief, and Economic Security (CARES) Act, the Coronavirus
15State Fiscal Recovery Fund in accordance with Section 9901 of
16the American Rescue Plan Act of 2021, or from any other federal
17fund pursuant to any other provision of the American Rescue
18Plan Act of 2021 or any other federal law; and (2) to provide
19for the transfer, distribution and expenditure of such federal
20funds as permitted in the federal Coronavirus Aid, Relief, and
21Economic Security (CARES) Act, the American Rescue Plan Act of
222021, and related federal guidance or any other federal law,
23and as authorized by this Section.
24    (b) Federal funds received by the State from the
25Coronavirus Relief Fund in accordance with Section 5001 of the

 

 

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1federal Coronavirus Aid, Relief, and Economic Security (CARES)
2Act, the Coronavirus State Fiscal Recovery Fund in accordance
3with Section 9901 of the American Rescue Plan Act of 2021, or
4any other federal funds received pursuant to the American
5Rescue Plan Act of 2021 or any other federal law, may be
6deposited, directly or indirectly, into the State CURE Fund.
7    (c) Funds in the State CURE Fund may be expended, subject
8to appropriation, directly for purposes permitted under the
9federal law and related federal guidance governing the use of
10such funds, which may include without limitation purposes
11permitted in Section 5001 of the CARES Act and Sections 3201,
123206, and 9901 of the American Rescue Plan Act of 2021, or as
13otherwise provided by law and consistent with appropriations
14of the General Assembly. All federal funds received into the
15State CURE Fund from the Coronavirus Relief Fund, the
16Coronavirus State Fiscal Recovery Fund, or any other source
17under the American Rescue Plan Act of 2021, may be
18transferred, expended, or returned by the Illinois Emergency
19Management Agency at the direction of the Governor for the
20specific purposes permitted by the federal Coronavirus Aid,
21Relief, and Economic Security (CARES) Act, the American Rescue
22Plan Act of 2021, any related regulations or federal guidance,
23and any terms and conditions of the federal awards received by
24the State thereunder. The State Comptroller shall direct and
25the State Treasurer shall transfer, as directed by the
26Governor in writing, a portion of the federal funds received

 

 

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1from the Coronavirus Relief Fund or from any other federal
2fund pursuant to any other provision of federal law to the
3Local Coronavirus Urgent Remediation Emergency (Local CURE)
4Fund from time to time for the provision and administration of
5grants to units of local government as permitted by the
6federal Coronavirus Aid, Relief, and Economic Security (CARES)
7Act, any related federal guidance, and any other additional
8federal law that may provide authorization. The State
9Comptroller shall direct and the State Treasurer shall
10transfer amounts, as directed by the Governor in writing, from
11the State CURE Fund to the Essential Government Services
12Support Fund to be used for the provision of government
13services as permitted under Section 602(c)(1)(C) of the Social
14Security Act as enacted by Section 9901 of the American Rescue
15Plan Act and related federal guidance. Funds in the State CURE
16Fund also may be transferred to other funds in the State
17treasury as reimbursement for expenditures made from such
18other funds if the expenditures are eligible for federal
19reimbursement under Section 5001 of the federal Coronavirus
20Aid, Relief, and Economic Security (CARES) Act, the relevant
21provisions of the American Rescue Plan Act of 2021, or any
22related federal guidance.
23    (d) Once the General Assembly has enacted appropriations
24from the State CURE Fund, the expenditure of funds from the
25State CURE Fund shall be subject to appropriation by the
26General Assembly, and shall be administered by the Illinois

 

 

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1Emergency Management Agency at the direction of the Governor.
2The Illinois Emergency Management Agency, and other agencies
3as named in appropriations, shall transfer, distribute or
4expend the funds. The State Comptroller shall direct and the
5State Treasurer shall transfer funds in the State CURE Fund to
6other funds in the State treasury as reimbursement for
7expenditures made from such other funds if the expenditures
8are eligible for federal reimbursement under Section 5001 of
9the federal Coronavirus Aid, Relief, and Economic Security
10(CARES) Act, the relevant provisions of the American Rescue
11Plan Act of 2021, or any related federal guidance, as directed
12in writing by the Governor. Additional funds that may be
13received from the federal government from legislation enacted
14in response to the impact of Coronavirus Disease 2019,
15including fiscal stabilization payments that replace revenues
16lost due to Coronavirus Disease 2019, The State Comptroller
17may direct and the State Treasurer shall transfer in the
18manner authorized or required by any related federal guidance,
19as directed in writing by the Governor.
20    (e) The Illinois Emergency Management Agency, in
21coordination with the Governor's Office of Management and
22Budget, shall identify amounts derived from the State's
23Coronavirus Relief Fund allocation and transferred from the
24State CURE Fund as directed by the Governor under this Section
25that remain unobligated and unexpended for the period that
26ended on December 31, 2021. The Agency shall certify to the

 

 

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1State Comptroller and the State Treasurer the amounts
2identified as unobligated and unexpended. The State
3Comptroller shall direct and the State Treasurer shall
4transfer the unobligated and unexpended funds identified by
5the Agency and held in other funds of the State Treasury under
6this Section to the State CURE Fund. Unexpended funds in the
7State CURE Fund shall be paid back to the federal government at
8the direction of the Governor.
9    (f) In addition to any other transfers that may be
10provided for by law, at the direction of the Governor, the
11State Comptroller shall direct and the State Treasurer shall
12transfer the sum of $24,523,000 from the State CURE Fund to the
13Chicago Travel Industry Promotion Fund.
14    (g) In addition to any other transfers that may be
15provided for by law, at the direction of the Governor, the
16State Comptroller shall direct and the State Treasurer shall
17transfer the sum of $30,000,000 from the State CURE Fund to the
18Metropolitan Pier and Exposition Authority Incentive Fund.
19    (h) In addition to any other transfers that may be
20provided for by law, at the direction of the Governor, the
21State Comptroller shall direct and the State Treasurer shall
22transfer the sum of $45,180,000 from the State CURE Fund to the
23Local Tourism Fund.
24(Source: P.A. 101-636, eff. 6-10-20; 102-16, eff. 6-17-21;
25102-699, eff. 4-19-22.)
 

 

 

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1    (30 ILCS 105/6z-126)
2    Sec. 6z-126. Law Enforcement Training Fund. The Law
3Enforcement Training Fund is hereby created as a special fund
4in the State treasury. Moneys in the Fund shall consist of: (i)
590% of the revenue from increasing the insurance producer
6license fees, as provided under subsection (a-5) of Section
7500-135 of the Illinois Insurance Code; and (ii) 90% of the
8moneys collected from auto insurance policy fees under Section
98.6 of the Illinois Vehicle Hijacking and Motor Vehicle Theft
10Prevention and Insurance Verification Act. This Fund shall be
11used by the Illinois Law Enforcement Training Standards Board
12for the following purposes: (i) to fund law enforcement
13certification compliance; (ii) for and the development and
14provision of basic courses by Board-approved academics, and
15in-service courses by approved academies; and (iii) for the
16ordinary and contingent expenses of the Illinois Law
17Enforcement Training Standards Board.
18(Source: P.A. 102-16, eff. 6-17-21; 102-904, eff. 1-1-23;
19102-1071, 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
22State of Illinois incurs any bonded indebtedness for the
23construction of permanent highways, be set aside and used for
24the purpose of paying and discharging annually the principal
25and interest on that bonded indebtedness then due and payable,

 

 

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1and for no other purpose. The surplus, if any, in the Road Fund
2after the payment of principal and interest on that bonded
3indebtedness 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

 

 

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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

 

 

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1    or any other purpose that may be provided by law.
2    Appropriations for any of those purposes are payable from
3the Road Fund. Appropriations may also be made from the Road
4Fund for the administrative expenses of any State agency that
5are related to motor vehicles or arise from the use of motor
6vehicles.
7    Beginning with fiscal year 1980 and thereafter, no Road
8Fund monies shall be appropriated to the following Departments
9or agencies of State government for administration, grants, or
10operations; but this limitation is not a restriction upon
11appropriating for those purposes any Road Fund monies that are
12eligible 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
26Fund monies shall be appropriated to the following Departments

 

 

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1or agencies of State government for administration, grants, or
2operations; but this limitation is not a restriction upon
3appropriating for those purposes any Road Fund monies that are
4eligible 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
15Fund monies shall be appropriated to the following Departments
16or agencies of State government for administration, grants, or
17operations; but this limitation is not a restriction upon
18appropriating for those purposes any Road Fund monies that are
19eligible for federal reimbursement: Department of Central
20Management Services, except for awards made by the Illinois
21Workers' Compensation Commission under the terms of the
22Workers' Compensation Act or Workers' Occupational Diseases
23Act for injury or death of an employee of the Division of
24Highways in the Department of Transportation.
25    Beginning with fiscal year 1984 and thereafter, no Road
26Fund monies shall be appropriated to the following Departments

 

 

HB3817 Enrolled- 99 -LRB103 30519 DTM 56952 b

1or agencies of State government for administration, grants, or
2operations; but this limitation is not a restriction upon
3appropriating for those purposes any Road Fund monies that are
4eligible 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
10Fund monies shall be appropriated to any Department or agency
11of State government for administration, grants, or operations
12except as provided hereafter; but this limitation is not a
13restriction upon appropriating for those purposes any Road
14Fund monies that are eligible for federal reimbursement. It
15shall not be lawful to circumvent the above appropriation
16limitations by governmental reorganization or other methods.
17Appropriations shall be made from the Road Fund only in
18accordance with the provisions of this Section.
19    Money in the Road Fund shall, if and when the State of
20Illinois incurs any bonded indebtedness for the construction
21of permanent highways, be set aside and used for the purpose of
22paying and discharging during each fiscal year the principal
23and interest on that bonded indebtedness as it becomes due and
24payable as provided in the Transportation Bond Act, and for no
25other purpose. The surplus, if any, in the Road Fund after the
26payment of principal and interest on that bonded indebtedness

 

 

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1then 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

 

 

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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
13the Road Fund or the Grade Crossing Protection Fund as
14provided in Section 8 of the Motor Fuel Tax Law.
15    Except as provided in this paragraph, beginning with
16fiscal year 1991 and thereafter, no Road Fund monies shall be
17appropriated to the Illinois State Police for the purposes of
18this Section in excess of its total fiscal year 1990 Road Fund
19appropriations for those purposes unless otherwise provided in
20Section 5g of this Act. For fiscal years 2003, 2004, 2005,
212006, and 2007 only, no Road Fund monies shall be appropriated
22to the Department of State Police for the purposes of this
23Section in excess of $97,310,000. For fiscal year 2008 only,
24no Road Fund monies shall be appropriated to the Department of
25State 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

1shall be appropriated to the Department of State Police for
2the purposes of this Section in excess of $114,700,000.
3Beginning in fiscal year 2010, no road fund moneys shall be
4appropriated to the Illinois State Police. It shall not be
5lawful to circumvent this limitation on appropriations by
6governmental reorganization or other methods unless otherwise
7provided in Section 5g of this Act.
8    In fiscal year 1994, no Road Fund monies shall be
9appropriated to the Secretary of State for the purposes of
10this Section in excess of the total fiscal year 1991 Road Fund
11appropriations to the Secretary of State for those purposes,
12plus $9,800,000. It shall not be lawful to circumvent this
13limitation on appropriations by governmental reorganization or
14other method.
15    Beginning with fiscal year 1995 and thereafter, no Road
16Fund monies shall be appropriated to the Secretary of State
17for the purposes of this Section in excess of the total fiscal
18year 1994 Road Fund appropriations to the Secretary of State
19for those purposes. It shall not be lawful to circumvent this
20limitation on appropriations by governmental reorganization or
21other methods.
22    Beginning with fiscal year 2000, total Road Fund
23appropriations to the Secretary of State for the purposes of
24this Section shall not exceed the amounts specified for the
25following fiscal years:
26    Fiscal Year 2000$80,500,000;

 

 

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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
11appropriated to the Secretary of State.
12    Beginning in fiscal year 2011, moneys in the Road Fund
13shall be appropriated to the Secretary of State for the
14exclusive purpose of paying refunds due to overpayment of fees
15related to Chapter 3 of the Illinois Vehicle Code unless
16otherwise provided for by law.
17    It shall not be lawful to circumvent this limitation on
18appropriations by governmental reorganization or other
19methods.
20    No new program may be initiated in fiscal year 1991 and
21thereafter that is not consistent with the limitations imposed
22by this Section for fiscal year 1984 and thereafter, insofar
23as appropriation of Road Fund monies is concerned.
24    Nothing in this Section prohibits transfers from the Road
25Fund to the State Construction Account Fund under Section 5e
26of this Act; nor to the General Revenue Fund, as authorized by

 

 

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1Public Act 93-25.
2    The additional amounts authorized for expenditure in this
3Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
4shall be repaid to the Road Fund from the General Revenue Fund
5in the next succeeding fiscal year that the General Revenue
6Fund has a positive budgetary balance, as determined by
7generally accepted accounting principles applicable to
8government.
9    The additional amounts authorized for expenditure by the
10Secretary of State and the Department of State Police in this
11Section by Public Act 94-91 shall be repaid to the Road Fund
12from the General Revenue Fund in the next succeeding fiscal
13year that the General Revenue Fund has a positive budgetary
14balance, as determined by generally accepted accounting
15principles applicable to government.
16(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
17102-16, eff. 6-17-21; 102-538, eff. 8-20-21; 102-699, eff.
184-19-22; 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
22exclusively for the administration of the Revised Uniform
23Unclaimed Property Act and for the expenses incurred by the
24Auditor General for administering the provisions of Section
252-8.1 of the Illinois State Auditing Act and for operational

 

 

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1expenses of the Office of the State Treasurer and for the
2funding of the unfunded liabilities of the designated
3retirement systems. For the purposes of this Section,
4"operational expenses of the Office of the State Treasurer"
5includes the acquisition of land and buildings in State fiscal
6years 2019 and 2020 for use by the Office of the State
7Treasurer, as well as construction, reconstruction,
8improvement, repair, and maintenance, in accordance with the
9provisions of laws relating thereto, of such lands and
10buildings beginning in State fiscal year 2019 and thereafter.
11Beginning in State fiscal year 2025 2024, payments to the
12designated retirement systems under this Section shall be in
13addition to, and not in lieu of, any State contributions
14required 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
24from the State Pensions Fund for the administration of the
25Revised Uniform Unclaimed Property Act.
26    (c) (Blank). As soon as possible after July 30, 2004 (the

 

 

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1effective date of Public Act 93-839), the General Assembly
2shall appropriate from the State Pensions Fund (1) to the
3State Universities Retirement System the amount certified
4under Section 15-165 during the prior year, (2) to the Judges
5Retirement System of Illinois the amount certified under
6Section 18-140 during the prior year, and (3) to the General
7Assembly Retirement System the amount certified under Section
82-134 during the prior year as part of the required State
9contributions to each of those designated retirement systems.
10If the amount in the State Pensions Fund does not exceed the
11sum of the amounts certified in Sections 15-165, 18-140, and
122-134 by at least $5,000,000, the amount paid to each
13designated retirement system under this subsection shall be
14reduced in proportion to the amount certified by each of those
15designated retirement systems.
16    (c-5) For fiscal years 2006 through 2024 2023, the General
17Assembly shall appropriate from the State Pensions Fund to the
18State Universities Retirement System the amount estimated to
19be available during the fiscal year in the State Pensions
20Fund; provided, however, that the amounts appropriated under
21this subsection (c-5) shall not reduce the amount in the State
22Pensions Fund below $5,000,000.
23    (c-6) For fiscal year 2025 2024 and each fiscal year
24thereafter, as soon as may be practical after any money is
25deposited into the State Pensions Fund from the Unclaimed
26Property Trust Fund, the State Treasurer shall apportion the

 

 

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1deposited amount among the designated retirement systems as
2defined in subsection (a) to reduce their actuarial reserve
3deficiencies. The State Comptroller and State Treasurer shall
4pay the apportioned amounts to the designated retirement
5systems to fund the unfunded liabilities of the designated
6retirement systems. The amount apportioned to each designated
7retirement system shall constitute a portion of the amount
8estimated to be available for appropriation from the State
9Pensions Fund that is the same as that retirement system's
10portion of the total actual reserve deficiency of the systems,
11as determined annually by the Governor's Office of Management
12and Budget at the request of the State Treasurer. The amounts
13apportioned under this subsection shall not reduce the amount
14in the State Pensions Fund below $5,000,000.
15    (d) The Governor's Office of Management and Budget shall
16determine the individual and total reserve deficiencies of the
17designated retirement systems. For this purpose, the
18Governor's Office of Management and Budget shall utilize the
19latest available audit and actuarial reports of each of the
20retirement systems and the relevant reports and statistics of
21the Public Employee Pension Fund Division of the Department of
22Insurance.
23    (d-1) (Blank).
24    (e) The changes to this Section made by Public Act 88-593
25shall first apply to distributions from the Fund for State
26fiscal year 1996.

 

 

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1(Source: P.A. 101-10, eff. 6-5-19; 101-487, eff. 8-23-19;
2101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-699, eff.
34-19-22.)
 
4    (30 ILCS 105/8g-1)
5    Sec. 8g-1. Fund transfers.
6    (a) (Blank).
7    (b) (Blank).
8    (c) (Blank).
9    (d) (Blank).
10    (e) (Blank).
11    (f) (Blank).
12    (g) (Blank).
13    (h) (Blank).
14    (i) (Blank).
15    (j) (Blank).
16    (k) (Blank).
17    (l) (Blank).
18    (m) (Blank).
19    (n) (Blank).
20    (o) (Blank).
21    (p) (Blank).
22    (q) (Blank).
23    (r) (Blank).
24    (s) (Blank).
25    (t) (Blank).

 

 

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1    (u) In addition to any other transfers that may be
2provided for by law, on July 1, 2021, or as soon thereafter as
3practical, only as directed by the Director of the Governor's
4Office of Management and Budget, the State Comptroller shall
5direct and the State Treasurer shall transfer the sum of
6$5,000,000 from the General Revenue Fund to the DoIT Special
7Projects Fund, and on June 1, 2022, or as soon thereafter as
8practical, but no later than June 30, 2022, the State
9Comptroller shall direct and the State Treasurer shall
10transfer the sum so transferred from the DoIT Special Projects
11Fund to the General Revenue Fund.
12    (v) In addition to any other transfers that may be
13provided for by law, on July 1, 2021, or as soon thereafter as
14practical, the State Comptroller shall direct and the State
15Treasurer shall transfer the sum of $500,000 from the General
16Revenue Fund to the Governor's Administrative Fund.
17    (w) In addition to any other transfers that may be
18provided for by law, on July 1, 2021, or as soon thereafter as
19practical, the State Comptroller shall direct and the State
20Treasurer shall transfer the sum of $500,000 from the General
21Revenue Fund to the Grant Accountability and Transparency
22Fund.
23    (x) In addition to any other transfers that may be
24provided for by law, at a time or times during Fiscal Year 2022
25as directed by the Governor, the State Comptroller shall
26direct and the State Treasurer shall transfer up to a total of

 

 

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

 

 

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

 

 

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1    (ff) In addition to any other transfers that may be
2provided for by law, on April 19, 2022 (the effective date of
3Public Act 102-700), or as soon thereafter as practical, but
4no later than June 30, 2022, the State Comptroller shall
5direct and the State Treasurer shall transfer the sum of
6$720,000,000 from the General Revenue Fund to the Budget
7Stabilization Fund.
8    (gg) In addition to any other transfers that may be
9provided for by law, on July 1, 2022, or as soon thereafter as
10practical, the State Comptroller shall direct and the State
11Treasurer shall transfer the sum of $280,000,000 from the
12General Revenue Fund to the Budget Stabilization Fund.
13    (hh) In addition to any other transfers that may be
14provided for by law, on July 1, 2022, or as soon thereafter as
15practical, the State Comptroller shall direct and the State
16Treasurer shall transfer the sum of $200,000,000 from the
17General Revenue Fund to the Pension Stabilization Fund.
18    (ii) In addition to any other transfers that may be
19provided for by law, on January 1, 2023, or as soon thereafter
20as practical, the State Comptroller shall direct and the State
21Treasurer shall transfer the sum of $850,000,000 from the
22General Revenue Fund to the Budget Stabilization Fund.
23    (jj) In addition to any other transfers that may be
24provided for by law, at a time or times during Fiscal Year 2023
25as directed by the Governor, the State Comptroller shall
26direct and the State Treasurer shall transfer up to a total of

 

 

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1$400,000,000 from the General Revenue Fund to the Large
2Business Attraction Fund.
3    (kk) In addition to any other transfers that may be
4provided for by law, on January 1, 2023, or as soon thereafter
5as practical, the State Comptroller shall direct and the State
6Treasurer shall transfer the sum of $72,000,000 from the
7General Revenue Fund to the Disaster Response and Recovery
8Fund.
9    (ll) In addition to any other transfers that may be
10provided for by law, on the effective date of the changes made
11to this Section by this amendatory Act of the 103rd General
12Assembly, or as soon thereafter as practical, but no later
13than June 30, 2023, the State Comptroller shall direct and the
14State Treasurer shall transfer the sum of $200,000,000 from
15the General Revenue Fund to the Pension Stabilization Fund.
16    (mm) In addition to any other transfers that may be
17provided for by law, beginning on the effective date of the
18changes made to this Section by this amendatory Act of the
19103rd General Assembly and until June 30, 2024, as directed by
20the Governor, the State Comptroller shall direct and the State
21Treasurer shall transfer up to a total of $1,500,000,000 from
22the General Revenue Fund to the State Coronavirus Urgent
23Remediation Emergency Fund.
24    (nn) In addition to any other transfers that may be
25provided for by law, beginning on the effective date of the
26changes made to this Section by this amendatory Act of the

 

 

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1103rd General Assembly and until June 30, 2024, as directed by
2the Governor, the State Comptroller shall direct and the State
3Treasurer shall transfer up to a total of $424,000,000 from
4the General Revenue Fund to the Build Illinois Bond Fund.
5    (oo) In addition to any other transfers that may be
6provided for by law, on July 1, 2023, or as soon thereafter as
7practical, the State Comptroller shall direct and the State
8Treasurer shall transfer the sum of $500,000 from the General
9Revenue Fund to the Governor's Administrative Fund.
10    (pp) In addition to any other transfers that may be
11provided for by law, on July 1, 2023, or as soon thereafter as
12practical, the State Comptroller shall direct and the State
13Treasurer shall transfer the sum of $500,000 from the General
14Revenue Fund to the Grant Accountability and Transparency
15Fund.
16(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
17102-16, eff. 6-17-21; 102-699, eff. 4-19-22; 102-700, Article
1840, Section 40-5, eff. 4-19-22; 102-700, Article 80, Section
1980-5, 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
23treasury fund for the objects specified in this Section may be
24made in the manner provided in this Section when the balance
25remaining in one or more such line item appropriations is

 

 

HB3817 Enrolled- 115 -LRB103 30519 DTM 56952 b

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

 

 

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

 

 

HB3817 Enrolled- 117 -LRB103 30519 DTM 56952 b

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

 

 

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1longer required for the purpose for which that appropriation
2was made, to the line item appropriation for Transitional
3Assistance when the balance remaining in such line item
4appropriation is insufficient for the purpose for which the
5appropriation was made.
6    The State Board of Education is authorized to make
7transfers between the following line item appropriations
8within the same treasury fund: Disabled Student
9Services/Materials (Section 14-13.01 of the School Code),
10Disabled Student Transportation Reimbursement (Section
1114-13.01 of the School Code), Disabled Student Tuition -
12Private Tuition (Section 14-7.02 of the School Code),
13Extraordinary Special Education (Section 14-7.02b of the
14School Code), Reimbursement for Free Lunch/Breakfast Program,
15Summer School Payments (Section 18-4.3 of the School Code),
16and Transportation - Regular/Vocational Reimbursement (Section
1729-5 of the School Code). Such transfers shall be made only
18when the balance remaining in one or more such line item
19appropriations is insufficient for the purpose for which the
20appropriation was made and provided that no such transfer may
21be made unless the amount transferred is no longer required
22for the purpose for which that appropriation was made.
23    The Department of Healthcare and Family Services is
24authorized to make transfers not exceeding 4% of the aggregate
25amount appropriated to it, within the same treasury fund,
26among the various line items appropriated for Medical

 

 

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

 

 

HB3817 Enrolled- 120 -LRB103 30519 DTM 56952 b

1the authority to evaluate, administer and pay such claims has
2been delegated by the Department of Central Management
3Services may be transferred to any other expenditure object
4where such amounts exceed the amount necessary for the payment
5of 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
142022. Notwithstanding any other provision of this Section, for
15State fiscal year 2022, transfers among line item
16appropriations to a State agency from the same State treasury
17fund may be made for operational or lump sum expenses only,
18provided that the sum of such transfers for a State agency in
19State fiscal year 2022 shall not exceed 4% of the aggregate
20amount appropriated to that State agency for operational or
21lump sum expenses for State fiscal year 2022. For the purpose
22of this subsection, "operational or lump sum expenses"
23includes the following objects: personal services; extra help;
24student and inmate compensation; State contributions to
25retirement systems; State contributions to social security;
26State contributions for employee group insurance; contractual

 

 

HB3817 Enrolled- 121 -LRB103 30519 DTM 56952 b

1services; travel; commodities; printing; equipment; electronic
2data processing; operation of automotive equipment;
3telecommunications services; travel and allowance for
4committed, paroled, and discharged prisoners; library books;
5federal matching grants for student loans; refunds; workers'
6compensation, occupational disease, and tort claims; Late
7Interest Penalties under the State Prompt Payment Act and
8Sections 368a and 370a of the Illinois Insurance Code; lump
9sum and other purposes; and lump sum operations. For the
10purpose of this subsection, "State agency" does not include
11the Attorney General, the Secretary of State, the Comptroller,
12the Treasurer, or the judicial or legislative branches.
13    (c-9) Special provisions for State fiscal year 2023.
14Notwithstanding any other provision of this Section, for State
15fiscal year 2023, transfers among line item appropriations to
16a State agency from the same State treasury fund may be made
17for operational or lump sum expenses only, provided that the
18sum of such transfers for a State agency in State fiscal year
192023 shall not exceed 4% of the aggregate amount appropriated
20to that State agency for operational or lump sum expenses for
21State fiscal year 2023. For the purpose of this subsection,
22"operational or lump sum expenses" includes the following
23objects: personal services; extra help; student and inmate
24compensation; State contributions to retirement systems; State
25contributions to social security; State contributions for
26employee group insurance; contractual services; travel;

 

 

HB3817 Enrolled- 122 -LRB103 30519 DTM 56952 b

1commodities; printing; equipment; electronic data processing;
2operation of automotive equipment; telecommunications
3services; travel and allowance for committed, paroled, and
4discharged prisoners; library books; federal matching grants
5for student loans; refunds; workers' compensation,
6occupational disease, and tort claims; late interest penalties
7under the State Prompt Payment Act and Sections 368a and 370a
8of the Illinois Insurance Code; lump sum and other purposes;
9and lump sum operations. For the purpose of this subsection,
10"State agency" does not include the Attorney General, the
11Secretary of State, the Comptroller, the Treasurer, or the
12judicial or legislative branches.
13    (c-10) Special provisions for State fiscal year 2024.
14Notwithstanding any other provision of this Section, for State
15fiscal year 2024, transfers among line item appropriations to
16a State agency from the same State treasury fund may be made
17for operational or lump sum expenses only, provided that the
18sum of such transfers for a State agency in State fiscal year
192024 shall not exceed 8% of the aggregate amount appropriated
20to that State agency for operational or lump sum expenses for
21State fiscal year 2024. For the purpose of this subsection,
22"operational or lump sum expenses" includes the following
23objects: personal services; extra help; student and inmate
24compensation; State contributions to retirement systems; State
25contributions to social security; State contributions for
26employee group insurance; contractual services; travel;

 

 

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

 

 

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

 

 

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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
17thereafter, the Department on Aging, in consultation with the
18State Comptroller, with the advice and consent of the
19Governor's Office of Management and Budget, may transfer line
20item appropriations for purchase of services covered by the
21Community Care Program between the General Revenue Fund and
22the Commitment to Human Services Fund.
23    (g) For State fiscal year 2024 and each fiscal year
24thereafter, if requested by an agency chief executive officer
25and authorized and approved by the Comptroller, the
26Comptroller may direct and the Treasurer shall transfer funds

 

 

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1from the General Revenue Fund to fund payroll expenses that
2meet the payroll transaction exception criteria as defined by
3the Comptroller in the Statewide Accounting Management System
4(SAMS) Manual. The agency shall then transfer these funds back
5to the General Revenue Fund within 7 days.
6(Source: P.A. 101-10, eff. 6-5-19; 101-81, eff. 7-12-19;
7101-275, eff. 8-9-19; 101-636, eff. 6-10-20; 102-16, eff.
86-17-21; 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
12for the fiscal year or for a lesser period if the Act making
13that appropriation so specifies. A deficiency or emergency
14appropriation shall be available for expenditure only through
15June 30 of the year when the Act making that appropriation is
16enacted unless that Act otherwise provides.
17    (b) Outstanding liabilities as of June 30, payable from
18appropriations which have otherwise expired, may be paid out
19of the expiring appropriations during the 2-month period
20ending at the close of business on August 31. Any service
21involving professional or artistic skills or any personal
22services by an employee whose compensation is subject to
23income tax withholding must be performed as of June 30 of the
24fiscal year in order to be considered an "outstanding
25liability as of June 30" that is thereby eligible for payment

 

 

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1out of the expiring appropriation.
2    (b-1) However, payment of tuition reimbursement claims
3under Section 14-7.03 or 18-3 of the School Code may be made by
4the State Board of Education from its appropriations for those
5respective purposes for any fiscal year, even though the
6claims reimbursed by the payment may be claims attributable to
7a prior fiscal year, and payments may be made at the direction
8of the State Superintendent of Education from the fund from
9which the appropriation is made without regard to any fiscal
10year limitations, except as required by subsection (j) of this
11Section. Beginning on June 30, 2021, payment of tuition
12reimbursement claims under Section 14-7.03 or 18-3 of the
13School Code as of June 30, payable from appropriations that
14have otherwise expired, may be paid out of the expiring
15appropriation during the 4-month period ending at the close of
16business 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,
24payable from appropriations that would otherwise expire at the
25conclusion of the lapse period for fiscal year 2020, and
26interest penalties payable on those liabilities under the

 

 

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1State Prompt Payment Act, may be paid out of the expiring
2appropriations until December 31, 2020, without regard to the
3fiscal year in which the payment is made, as long as vouchers
4for the liabilities are received by the Comptroller no later
5than September 30, 2020.
6    (b-2.6e) All outstanding liabilities as of June 30, 2021,
7payable from appropriations that would otherwise expire at the
8conclusion of the lapse period for fiscal year 2021, and
9interest penalties payable on those liabilities under the
10State Prompt Payment Act, may be paid out of the expiring
11appropriations until September 30, 2021, without regard to the
12fiscal year in which the payment is made.
13    (b-2.7) For fiscal years 2012, 2013, 2014, 2018, and each
14fiscal year thereafter 2019, 2020, 2021, 2022, and 2023,
15interest penalties payable under the State Prompt Payment Act
16associated with a voucher for which payment is issued after
17June 30 may be paid out of the next fiscal year's
18appropriation. The future year appropriation must be for the
19same purpose and from the same fund as the original payment. An
20interest penalty voucher submitted against a future year
21appropriation must be submitted within 60 days after the
22issuance of the associated voucher, except that, for fiscal
23year 2018 only, an interest penalty voucher submitted against
24a future year appropriation must be submitted within 60 days
25of June 5, 2019 (the effective date of Public Act 101-10). The
26Comptroller must issue the interest payment within 60 days

 

 

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

 

 

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1have otherwise expired may be paid out of the expiring
2appropriation during the 4-month period ending at the close of
3business on October 31.
4    (b-5) Medical payments may be made by the Department of
5Human Services from its appropriations relating to substance
6abuse treatment services for any fiscal year, without regard
7to the fact that the medical services being compensated for by
8such payment may have been rendered in a prior fiscal year,
9provided the payments are made on a fee-for-service basis
10consistent with requirements established for Medicaid
11reimbursement by the Department of Healthcare and Family
12Services, except as required by subsection (j) of this
13Section. Beginning on June 30, 2021, medical payments made by
14the Department of Human Services relating to substance abuse
15treatment services payable from appropriations that have
16otherwise expired may be paid out of the expiring
17appropriation during the 4-month period ending at the close of
18business on October 31.
19    (b-6) (Blank).
20    (b-7) Payments may be made in accordance with a plan
21authorized by paragraph (11) or (12) of Section 405-105 of the
22Department of Central Management Services Law from
23appropriations for those payments without regard to fiscal
24year limitations.
25    (b-8) Reimbursements to eligible airport sponsors for the
26construction or upgrading of Automated Weather Observation

 

 

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1Systems may be made by the Department of Transportation from
2appropriations for those purposes for any fiscal year, without
3regard to the fact that the qualification or obligation may
4have occurred in a prior fiscal year, provided that at the time
5the expenditure was made the project had been approved by the
6Department of Transportation prior to June 1, 2012 and, as a
7result of recent changes in federal funding formulas, can no
8longer receive federal reimbursement.
9    (b-9) (Blank).
10    (c) Further, payments may be made by the Department of
11Public Health and the Department of Human Services (acting as
12successor to the Department of Public Health under the
13Department of Human Services Act) from their respective
14appropriations for grants for medical care to or on behalf of
15premature and high-mortality risk infants and their mothers
16and for grants for supplemental food supplies provided under
17the United States Department of Agriculture Women, Infants and
18Children Nutrition Program, for any fiscal year without regard
19to the fact that the services being compensated for by such
20payment may have been rendered in a prior fiscal year, except
21as required by subsection (j) of this Section. Beginning on
22June 30, 2021, payments made by the Department of Public
23Health and the Department of Human Services from their
24respective appropriations for grants for medical care to or on
25behalf of premature and high-mortality risk infants and their
26mothers and for grants for supplemental food supplies provided

 

 

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1under the United States Department of Agriculture Women,
2Infants and Children Nutrition Program payable from
3appropriations that have otherwise expired may be paid out of
4the expiring appropriations during the 4-month period ending
5at the close of business on October 31.
6    (d) The Department of Public Health and the Department of
7Human Services (acting as successor to the Department of
8Public Health under the Department of Human Services Act)
9shall each annually submit to the State Comptroller, Senate
10President, Senate Minority Leader, Speaker of the House, House
11Minority Leader, and the respective Chairmen and Minority
12Spokesmen of the Appropriations Committees of the Senate and
13the House, on or before December 31, a report of fiscal year
14funds used to pay for services provided in any prior fiscal
15year. This report shall document by program or service
16category those expenditures from the most recently completed
17fiscal year used to pay for services provided in prior fiscal
18years.
19    (e) The Department of Healthcare and Family Services, the
20Department of Human Services (acting as successor to the
21Department of Public Aid), and the Department of Human
22Services making fee-for-service payments relating to substance
23abuse treatment services provided during a previous fiscal
24year shall each annually submit to the State Comptroller,
25Senate President, Senate Minority Leader, Speaker of the
26House, House Minority Leader, the respective Chairmen and

 

 

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1Minority Spokesmen of the Appropriations Committees of the
2Senate and the House, on or before November 30, a report that
3shall document by program or service category those
4expenditures from the most recently completed fiscal year used
5to pay for (i) services provided in prior fiscal years and (ii)
6services for which claims were received in prior fiscal years.
7    (f) The Department of Human Services (as successor to the
8Department of Public Aid) shall annually submit to the State
9Comptroller, Senate President, Senate Minority Leader, Speaker
10of the House, House Minority Leader, and the respective
11Chairmen and Minority Spokesmen of the Appropriations
12Committees of the Senate and the House, on or before December
1331, a report of fiscal year funds used to pay for services
14(other than medical care) provided in any prior fiscal year.
15This report shall document by program or service category
16those expenditures from the most recently completed fiscal
17year used to pay for services provided in prior fiscal years.
18    (g) In addition, each annual report required to be
19submitted by the Department of Healthcare and Family Services
20under subsection (e) shall include the following information
21with 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

 

 

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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
7Compensation Act, any utility bill for service provided to a
8General Assembly member's district office for a period
9including portions of 2 consecutive fiscal years may be paid
10from funds appropriated for such expenditure in either fiscal
11year.
12    (i) An agency which administers a fund classified by the
13Comptroller 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

 

 

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1    than the total amount owed for that period.
2User agencies are authorized to reimburse internal service
3funds for catch-up billings by vouchers drawn against their
4respective appropriations for the fiscal year in which the
5catch-up billing was issued or by increasing an authorized
6inter-fund transfer during the current fiscal year. For the
7purposes of this Act, "inter-fund transfers" means transfers
8without the use of the voucher-warrant process, as authorized
9by Section 9.01 of the State Comptroller Act.
10    (i-1) Beginning on July 1, 2021, all outstanding
11liabilities, not payable during the 4-month lapse period as
12described in subsections (b-1), (b-3), (b-4), (b-5), and (c)
13of this Section, that are made from appropriations for that
14purpose for any fiscal year, without regard to the fact that
15the services being compensated for by those payments may have
16been rendered in a prior fiscal year, are limited to only those
17claims that have been incurred but for which a proper bill or
18invoice as defined by the State Prompt Payment Act has not been
19received by September 30th following the end of the fiscal
20year in which the service was rendered.
21    (j) Notwithstanding any other provision of this Act, the
22aggregate amount of payments to be made without regard for
23fiscal year limitations as contained in subsections (b-1),
24(b-3), (b-4), (b-5), and (c) of this Section, and determined
25by using Generally Accepted Accounting Principles, shall not
26exceed the following amounts:

 

 

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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
22Assistance 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

 

 

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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

 

 

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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

 

 

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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
4shall be effective for payment of Medical Assistance bills
5incurred in fiscal year 2013 and future fiscal years. The
6changes to this Section made by Public Act 97-691 shall not be
7applied to Medical Assistance bills incurred in fiscal year
82012 or prior fiscal years.
9    (m) The Comptroller must issue payments against
10outstanding liabilities that were received prior to the lapse
11period deadlines set forth in this Section as soon thereafter
12as practical, but no payment may be issued after the 4 months
13following the lapse period deadline without the signed
14authorization of the Comptroller and the Governor.
15(Source: P.A. 101-10, eff. 6-5-19; 101-275, eff. 8-9-19;
16101-636, eff. 6-10-20; 102-16, eff. 6-17-21; 102-291, eff.
178-6-21; 102-699, eff. 4-19-22; 102-813, eff. 5-13-22.)
 
18    Section 5-55. The State Revenue Sharing Act is amended by
19changing Section 12 as follows:
 
20    (30 ILCS 115/12)  (from Ch. 85, par. 616)
21    Sec. 12. Personal Property Tax Replacement Fund. There is
22hereby created the Personal Property Tax Replacement Fund, a
23special fund in the State Treasury into which shall be paid all
24revenue realized:

 

 

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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
16Department of Revenue shall certify to the Treasurer and the
17Comptroller the amount of all refunds paid out of the General
18Revenue Fund through the preceding month on account of
19overpayment of liability on taxes paid into the Personal
20Property Tax Replacement Fund. Upon receipt of such
21certification, the Treasurer and the Comptroller shall
22transfer the amount so certified from the Personal Property
23Tax Replacement Fund into the General Revenue Fund.
24    The payments of revenue into the Personal Property Tax
25Replacement Fund shall be used exclusively for distribution to
26taxing districts, regional offices and officials, and local

 

 

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1officials as provided in this Section and in the School Code,
2payment of the ordinary and contingent expenses of the
3Property Tax Appeal Board, payment of the expenses of the
4Department of Revenue incurred in administering the collection
5and distribution of monies paid into the Personal Property Tax
6Replacement Fund and transfers due to refunds to taxpayers for
7overpayment of liability for taxes paid into the Personal
8Property Tax Replacement Fund.
9    In addition, moneys in the Personal Property Tax
10Replacement Fund may be used to pay any of the following: (i)
11salary, stipends, and additional compensation as provided by
12law for chief election clerks, county clerks, and county
13recorders; (ii) costs associated with regional offices of
14education and educational service centers; (iii)
15reimbursements payable by the State Board of Elections under
16Section 4-25, 5-35, 6-71, 13-10, 13-10a, or 13-11 of the
17Election Code; (iv) expenses of the Illinois Educational Labor
18Relations Board; and (v) salary, personal services, and
19additional compensation as provided by law for court reporters
20under the Court Reporters Act.
21    As soon as may be after June 26, 1980 (the effective date
22of Public Act 81-1255), the Department of Revenue shall
23certify to the Treasurer the amount of net replacement revenue
24paid into the General Revenue Fund prior to that effective
25date from the additional tax imposed by Section 2a.1 of the
26Messages Tax Act; Section 2a.1 of the Gas Revenue Tax Act;

 

 

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1Section 2a.1 of the Public Utilities Revenue Act; Section 3 of
2the Water Company Invested Capital Tax Act; amounts collected
3by the Department of Revenue under the Telecommunications
4Infrastructure Maintenance Fee Act; and the additional
5personal property tax replacement income tax imposed by the
6Illinois Income Tax Act, as amended by Public Act 81-1st
7Special Session-1. Net replacement revenue shall be defined as
8the total amount paid into and remaining in the General
9Revenue Fund as a result of those Acts minus the amount
10outstanding and obligated from the General Revenue Fund in
11state vouchers or warrants prior to June 26, 1980 (the
12effective date of Public Act 81-1255) as refunds to taxpayers
13for overpayment of liability under those Acts.
14    All interest earned by monies accumulated in the Personal
15Property Tax Replacement Fund shall be deposited in such Fund.
16All amounts allocated pursuant to this Section are
17appropriated on a continuing basis.
18    Prior to December 31, 1980, as soon as may be after the end
19of each quarter beginning with the quarter ending December 31,
201979, and on and after December 31, 1980, as soon as may be
21after January 1, March 1, April 1, May 1, July 1, August 1,
22October 1 and December 1 of each year, the Department of
23Revenue shall allocate to each taxing district as defined in
24Section 1-150 of the Property Tax Code, in accordance with the
25provisions of paragraph (2) of this Section the portion of the
26funds held in the Personal Property Tax Replacement Fund which

 

 

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1is required to be distributed, as provided in paragraph (1),
2for each quarter. Provided, however, under no circumstances
3shall any taxing district during each of the first two years of
4distribution of the taxes imposed by Public Act 81-1st Special
5Session-1 be entitled to an annual allocation which is less
6than the funds such taxing district collected from the 1978
7personal property tax. Provided further that under no
8circumstances shall any taxing district during the third year
9of distribution of the taxes imposed by Public Act 81-1st
10Special Session-1 receive less than 60% of the funds such
11taxing district collected from the 1978 personal property tax.
12In the event that the total of the allocations made as above
13provided for all taxing districts, during either of such 3
14years, exceeds the amount available for distribution the
15allocation of each taxing district shall be proportionately
16reduced. Except as provided in Section 13 of this Act, the
17Department shall then certify, pursuant to appropriation, such
18allocations to the State Comptroller who shall pay over to the
19several taxing districts the respective amounts allocated to
20them.
21    Any township which receives an allocation based in whole
22or in part upon personal property taxes which it levied
23pursuant to Section 6-507 or 6-512 of the Illinois Highway
24Code and which was previously required to be paid over to a
25municipality shall immediately pay over to that municipality a
26proportionate share of the personal property replacement funds

 

 

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1which such township receives.
2    Any municipality or township, other than a municipality
3with a population in excess of 500,000, which receives an
4allocation based in whole or in part on personal property
5taxes which it levied pursuant to Sections 3-1, 3-4 and 3-6 of
6the Illinois Local Library Act and which was previously
7required to be paid over to a public library shall immediately
8pay over to that library a proportionate share of the personal
9property tax replacement funds which such municipality or
10township receives; provided that if such a public library has
11converted to a library organized under the Illinois Public
12Library District Act, regardless of whether such conversion
13has occurred on, after or before January 1, 1988, such
14proportionate share shall be immediately paid over to the
15library district which maintains and operates the library.
16However, any library that has converted prior to January 1,
171988, and which hitherto has not received the personal
18property tax replacement funds, shall receive such funds
19commencing on January 1, 1988.
20    Any township which receives an allocation based in whole
21or in part on personal property taxes which it levied pursuant
22to Section 1c of the Public Graveyards Act and which taxes were
23previously required to be paid over to or used for such public
24cemetery or cemeteries shall immediately pay over to or use
25for such public cemetery or cemeteries a proportionate share
26of the personal property tax replacement funds which the

 

 

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1township receives.
2    Any taxing district which receives an allocation based in
3whole or in part upon personal property taxes which it levied
4for another governmental body or school district in Cook
5County in 1976 or for another governmental body or school
6district in the remainder of the State in 1977 shall
7immediately pay over to that governmental body or school
8district the amount of personal property replacement funds
9which such governmental body or school district would receive
10directly under the provisions of paragraph (2) of this
11Section, 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

 

 

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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

 

 

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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
17district outside Cook County shall be the ratio which the Tax
18Base of that taxing district bears to the Downstate Tax Base.
19The Tax Base of each taxing district outside of Cook County is
20the personal property tax collections for that taxing district
21for the 1977 tax year. The Downstate Tax Base is the personal
22property tax collections for all taxing districts in the State
23outside of Cook County for the 1977 tax year. The Department of
24Revenue shall have authority to review for accuracy and
25completeness the personal property tax collections for each
26taxing district outside Cook County for the 1977 tax year.

 

 

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1    The Personal Property Replacement Ratio of each Cook
2County taxing district shall be the ratio which the Tax Base of
3that taxing district bears to the Cook County Tax Base. The Tax
4Base of each Cook County taxing district is the personal
5property tax collections for that taxing district for the 1976
6tax year. The Cook County Tax Base is the personal property tax
7collections for all taxing districts in Cook County for the
81976 tax year. The Department of Revenue shall have authority
9to review for accuracy and completeness the personal property
10tax collections for each taxing district within Cook County
11for the 1976 tax year.
12    For all purposes of this Section 12, amounts paid to a
13taxing district for such tax years as may be applicable by a
14foreign corporation under the provisions of Section 7-202 of
15the Public Utilities Act, as amended, shall be deemed to be
16personal property taxes collected by such taxing district for
17such tax years as may be applicable. The Director shall
18determine from the Illinois Commerce Commission, for any tax
19year as may be applicable, the amounts so paid by any such
20foreign corporation to any and all taxing districts. The
21Illinois Commerce Commission shall furnish such information to
22the Director. For all purposes of this Section 12, the
23Director shall deem such amounts to be collected personal
24property taxes of each such taxing district for the applicable
25tax year or years.
26    Taxing districts located both in Cook County and in one or

 

 

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1more other counties shall receive both a Cook County
2allocation and a Downstate allocation determined in the same
3way as all other taxing districts.
4    If any taxing district in existence on July 1, 1979 ceases
5to exist, or discontinues its operations, its Tax Base shall
6thereafter be deemed to be zero. If the powers, duties and
7obligations of the discontinued taxing district are assumed by
8another taxing district, the Tax Base of the discontinued
9taxing district shall be added to the Tax Base of the taxing
10district assuming such powers, duties and obligations.
11    If two or more taxing districts in existence on July 1,
121979, or a successor or successors thereto shall consolidate
13into one taxing district, the Tax Base of such consolidated
14taxing district shall be the sum of the Tax Bases of each of
15the taxing districts which have consolidated.
16    If a single taxing district in existence on July 1, 1979,
17or a successor or successors thereto shall be divided into two
18or more separate taxing districts, the tax base of the taxing
19district so divided shall be allocated to each of the
20resulting taxing districts in proportion to the then current
21equalized assessed value of each resulting taxing district.
22    If a portion of the territory of a taxing district is
23disconnected and annexed to another taxing district of the
24same type, the Tax Base of the taxing district from which
25disconnection was made shall be reduced in proportion to the
26then current equalized assessed value of the disconnected

 

 

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1territory as compared with the then current equalized assessed
2value within the entire territory of the taxing district prior
3to disconnection, and the amount of such reduction shall be
4added to the Tax Base of the taxing district to which
5annexation is made.
6    If a community college district is created after July 1,
71979, beginning on January 1, 1996 (the effective date of
8Public Act 89-327), its Tax Base shall be 3.5% of the sum of
9the personal property tax collected for the 1977 tax year
10within the territorial jurisdiction of the district.
11    The amounts allocated and paid to taxing districts
12pursuant to the provisions of Public Act 81-1st Special
13Session-1 shall be deemed to be substitute revenues for the
14revenues derived from taxes imposed on personal property
15pursuant to the provisions of the "Revenue Act of 1939" or "An
16Act for the assessment and taxation of private car line
17companies", approved July 22, 1943, as amended, or Section 414
18of the Illinois Insurance Code, prior to the abolition of such
19taxes and shall be used for the same purposes as the revenues
20derived from ad valorem taxes on real estate.
21    Monies received by any taxing districts from the Personal
22Property Tax Replacement Fund shall be first applied toward
23payment of the proportionate amount of debt service which was
24previously levied and collected from extensions against
25personal property on bonds outstanding as of December 31, 1978
26and next applied toward payment of the proportionate share of

 

 

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1the pension or retirement obligations of the taxing district
2which were previously levied and collected from extensions
3against personal property. For each such outstanding bond
4issue, the County Clerk shall determine the percentage of the
5debt service which was collected from extensions against real
6estate in the taxing district for 1978 taxes payable in 1979,
7as related to the total amount of such levies and collections
8from extensions against both real and personal property. For
91979 and subsequent years' taxes, the County Clerk shall levy
10and extend taxes against the real estate of each taxing
11district which will yield the said percentage or percentages
12of the debt service on such outstanding bonds. The balance of
13the amount necessary to fully pay such debt service shall
14constitute a first and prior lien upon the monies received by
15each such taxing district through the Personal Property Tax
16Replacement Fund and shall be first applied or set aside for
17such purpose. In counties having fewer than 3,000,000
18inhabitants, the amendments to this paragraph as made by
19Public Act 81-1255 shall be first applicable to 1980 taxes to
20be collected in 1981.
21(Source: P.A. 101-10, eff. 6-5-19; 101-636, eff. 6-10-20;
22102-16, eff. 6-17-21; 102-699, eff. 4-19-22.)
 
23    Section 5-60. The Railsplitter Tobacco Settlement
24Authority Act is amended by changing Section 3-5 as follows:
 

 

 

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1    (30 ILCS 171/3-5)
2    Sec. 3-5. Certain powers of the Authority. The Authority
3shall 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

 

 

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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;

 

 

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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
18changing 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
22bidders, offerors, potential contractors, or contractors were
23first solicited on or after July 1, 1998. This Code shall not
24be construed to affect or impair any contract, or any

 

 

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1provision of a contract, entered into based on a solicitation
2prior to the implementation date of this Code as described in
3Article 99, including, but not limited to, any covenant
4entered into with respect to any revenue bonds or similar
5instruments. All procurements for which contracts are
6solicited between the effective date of Articles 50 and 99 and
7July 1, 1998 shall be substantially in accordance with this
8Code and its intent.
9    (b) This Code shall apply regardless of the source of the
10funds with which the contracts are paid, including federal
11assistance 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
25with an annual value of more than $100,000 entered into on or
26after October 1, 2017 under an exemption provided in any

 

 

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

 

 

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

 

 

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1funds" means funds derived from deposits paid into the
2Illinois Prepaid Tuition Trust Fund and the earnings thereon.
3    (m) This Code shall apply regardless of the source of
4funds with which contracts are paid, including federal
5assistance moneys. Except as specifically provided in this
6Code, this Code shall not apply to procurement expenditures
7necessary for the Department of Public Health to conduct the
8Healthy Illinois Survey in accordance with Section 2310-431 of
9the Department of Public Health Powers and Duties Law of the
10Civil Administrative Code of Illinois.
11(Source: P.A. 101-27, eff. 6-25-19; 101-81, eff. 7-12-19;
12101-363, eff. 8-9-19; 102-175, eff. 7-29-21; 102-483, eff
131-1-22; 102-558, eff. 8-20-21; 102-600, eff. 8-27-21; 102-662,
14eff. 9-15-21; 102-721, eff. 1-1-23; 102-813, eff. 5-13-22;
15102-1116, 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
19determine the salary of a State purchasing officer for each
20agency that the chief procurement officer is responsible for
21under Section 1-15.15. A State purchasing officer shall be
22located in the State agency that the officer serves but shall
23report to his or her respective chief procurement officer. The
24State purchasing officer shall have direct communication with
25agency staff assigned to assist with any procurement process.

 

 

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1At the direction of his or her respective chief procurement
2officer, a State purchasing officer shall have the authority
3to (i) review any contract or contract amendment prior to
4execution to ensure that applicable procurement and
5contracting standards were followed and (ii) approve or reject
6contracts for a purchasing agency. If the State purchasing
7officer provides written approval of the contract, the head of
8the applicable State agency shall have the authority to sign
9and enter into that contract. All actions of a State
10purchasing officer are subject to review by a chief
11procurement officer in accordance with procedures and policies
12established by the chief procurement officer.
13    (a-5) A State purchasing officer may (i) attend any
14procurement meetings; (ii) access any records or files related
15to procurement; (iii) submit reports to the chief procurement
16officer on procurement issues; (iv) ensure the State agency is
17maintaining appropriate records; and (v) ensure transparency
18of the procurement process.
19    (a-10) If a State purchasing officer is aware of
20misconduct, waste, or inefficiency with respect to State
21procurement, the State purchasing officer shall advise the
22State agency of the issue in writing. If the State agency does
23not correct the issue, the State purchasing officer shall
24report the problem, in writing, to the chief procurement
25officer and appropriate Inspector General.
26    (b) In addition to any other requirement or qualification

 

 

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1required by State law, within 30 months after appointment, a
2State purchasing officer must be a Certified Professional
3Public Buyer or a Certified Public Purchasing Officer,
4pursuant to certification by the Universal Public Purchasing
5Certification Council or the Institute for Supply Management.
6A State purchasing officer shall serve a term of 5 years
7beginning on the date of the officer's appointment. A State
8purchasing officer shall have an office located in the State
9agency that the officer serves but shall report to the chief
10procurement officer. A State purchasing officer may be removed
11by a chief procurement officer for cause after a hearing by the
12Executive Ethics Commission. The chief procurement officer or
13executive officer of the State agency housing the State
14purchasing officer may institute a complaint against the State
15purchasing officer by filing such a complaint with the
16Commission and the Commission shall have a public hearing
17based on the complaint. The State purchasing officer, chief
18procurement officer, and executive officer of the State agency
19shall receive notice of the hearing and shall be permitted to
20present their respective arguments on the complaint. After the
21hearing, the Commission shall make a non-binding
22recommendation on whether the State purchasing officer shall
23be removed. The salary of a State purchasing officer shall be
24established by the chief procurement officer and may not be
25diminished during the officer's term. In the absence of an
26appointed State purchasing officer, the applicable chief

 

 

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1procurement officer shall exercise the procurement authority
2created by this Code and may appoint a temporary acting State
3purchasing officer.
4    (c) Each State purchasing officer owes a fiduciary duty to
5the 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
10effective date of this amendatory Act of the 96th General
11Assembly, the Executive Ethics Commission, with the advice and
12consent of the Senate shall appoint or approve 4 chief
13procurement officers, one for each of the following
14categories:
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

 

 

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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
10shall set aside from its appropriation those amounts necessary
11for the use of the 4 chief procurement officers for the
12ordinary and contingent expenses of their respective
13procurement offices. From the amounts set aside by the
14Commission, each chief procurement officer shall control the
15internal operations of his or her procurement office and shall
16procure the necessary equipment, materials, and services to
17perform the duties of that office, including hiring necessary
18procurement personnel, legal advisors and other employees, and
19may establish, in the exercise of the chief procurement
20officer's discretion, the compensation of the office's
21employees, which includes the State purchasing officers and
22any legal advisors. The Executive Ethics Commission shall have
23no control over the employees of the chief procurement
24officers. The Executive Ethics Commission shall provide
25administrative support services, including payroll, for each
26procurement office. A chief procurement officer shall be

 

 

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1responsible to the Executive Ethics Commission but must be
2located within the agency that the officer provides with
3procurement services. The chief procurement officer for higher
4education shall have an office located within the Board of
5Higher Education, unless otherwise designated by the Executive
6Ethics Commission. The chief procurement officer for all other
7procurement needs of the State shall have an office located
8within the Department of Central Management Services, unless
9otherwise designated by the Executive Ethics Commission.
10    (b) Terms and independence. Each chief procurement officer
11appointed under this Section shall serve for a term of 5 years
12beginning on the date of the officer's appointment. The chief
13procurement officer may be removed for cause after a hearing
14by the Executive Ethics Commission. The Governor or the
15director of a State agency directly responsible to the
16Governor may institute a complaint against the officer by
17filing such complaint with the Commission. The Commission
18shall have a hearing based on the complaint. The officer and
19the complainant shall receive reasonable notice of the hearing
20and shall be permitted to present their respective arguments
21on the complaint. After the hearing, the Commission shall make
22a finding on the complaint and may take disciplinary action,
23including but not limited to removal of the officer.
24    The salary of a chief procurement officer shall be
25established by the Executive Ethics Commission and may not be
26diminished during the officer's term. The salary may not

 

 

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1exceed the salary of the director of a State agency for which
2the officer serves as chief procurement officer.
3    (c) Qualifications. In addition to any other requirement
4or qualification required by State law, each chief procurement
5officer must within 12 months of employment be a Certified
6Professional Public Buyer or a Certified Public Purchasing
7Officer, pursuant to certification by the Universal Public
8Purchasing Certification Council, and must reside in Illinois.
9    (d) Fiduciary duty. Each chief procurement officer owes a
10fiduciary duty to the State.
11    (e) Vacancy. In case of a vacancy in one or more of the
12offices of a chief procurement officer under this Section
13during the recess of the Senate, the Executive Ethics
14Commission shall make a temporary appointment until the next
15meeting of the Senate, when the Executive Ethics Commission
16shall nominate some person to fill the office, and any person
17so nominated who is confirmed by the Senate shall hold office
18during the remainder of the term and until his or her successor
19is appointed and qualified. If the Senate is not in session at
20the time this amendatory Act of the 96th General Assembly
21takes effect, the Executive Ethics Commission shall make a
22temporary appointment as in the case of a vacancy.
23    (f) (Blank).
24    (g) (Blank).
25(Source: P.A. 98-1076, eff. 1-1-15.)
 

 

 

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1    Section 5-65. The Illinois Works Jobs Program Act is
2amended by changing Section 20-15 as follows:
 
3    (30 ILCS 559/20-15)
4    Sec. 20-15. Illinois Works Preapprenticeship Program;
5Illinois Works Bid Credit Program.
6    (a) The Illinois Works Preapprenticeship Program is
7established and shall be administered by the Department. The
8goal of the Illinois Works Preapprenticeship Program is to
9create a network of community-based organizations throughout
10the State that will recruit, prescreen, and provide
11preapprenticeship skills training, for which participants may
12attend free of charge and receive a stipend, to create a
13qualified, diverse pipeline of workers who are prepared for
14careers in the construction and building trades. Upon
15completion of the Illinois Works Preapprenticeship Program,
16the candidates will be skilled and work-ready.
17    (b) There is created the Illinois Works Fund, a special
18fund in the State treasury. The Illinois Works Fund shall be
19administered by the Department. The Illinois Works Fund shall
20be used to provide funding for community-based organizations
21throughout the State. In addition to any other transfers that
22may be provided for by law, on and after July 1, 2019 at the
23direction of the Director of the Governor's Office of
24Management and Budget, the State Comptroller shall direct and
25the State Treasurer shall transfer amounts not exceeding a

 

 

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1total of $50,000,000 $25,000,000 from the Rebuild Illinois
2Projects Fund to the Illinois Works Fund.
3    (c) Each community-based organization that receives
4funding from the Illinois Works Fund shall provide an annual
5report to the Illinois Works Review Panel by April 1 of each
6calendar year. The annual report shall include the following
7information:
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
20Illinois Works Bid Credit Program that shall provide economic
21incentives, through bid credits, to encourage contractors and
22subcontractors to provide contracting and employment
23opportunities to historically underrepresented populations in
24the construction industry.
25    The Illinois Works Bid Credit Program shall allow
26contractors and subcontractors to earn bid credits for use

 

 

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1toward future bids for public works projects contracted by the
2State or an agency of the State in order to increase the
3chances that the contractor and the subcontractors will be
4selected.
5    Contractors or subcontractors may be eligible for bid
6credits for employing apprentices who have completed the
7Illinois Works Preapprenticeship Program on public works
8projects contracted by the State or any agency of the State.
9Contractors or subcontractors shall earn bid credits at a rate
10established by the Department and based on labor hours worked
11on State-contracted public works projects by apprentices who
12have completed the Illinois Works Preapprenticeship Program.
13The Department shall establish the rate by rule and shall
14publish it on the Department's website. The rule may include
15maximum bid credits allowed per contractor, per subcontractor,
16per apprentice, per bid, or per year.
17    The Illinois Works Credit Bank is hereby created and shall
18be administered by the Department. The Illinois Works Credit
19Bank shall track the bid credits.
20    A contractor or subcontractor who has been awarded bid
21credits under any other State program for employing
22apprentices who have completed the Illinois Works
23Preapprenticeship Program is not eligible to receive bid
24credits under the Illinois Works Bid Credit Program relating
25to the same contract.
26    The Department shall report to the Illinois Works Review

 

 

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1Panel the following: (i) the number of bid credits awarded by
2the Department; (ii) the number of bid credits submitted by
3the contractor or subcontractor to the agency administering
4the public works contract; and (iii) the number of bid credits
5accepted by the agency for such contract. Any agency that
6awards bid credits pursuant to the Illinois Works Credit Bank
7Program shall report to the Department the number of bid
8credits it accepted for the public works contract.
9    Upon a finding that a contractor or subcontractor has
10reported falsified records to the Department in order to
11fraudulently obtain bid credits, the Department may bar the
12contractor or subcontractor from participating in the Illinois
13Works Bid Credit Program and may suspend the contractor or
14subcontractor from bidding on or participating in any public
15works project. False or fraudulent claims for payment relating
16to false bid credits may be subject to damages and penalties
17under applicable law.
18    (e) The Department shall adopt any rules deemed necessary
19to implement this Section. In order to provide for the
20expeditious and timely implementation of this Act, the
21Department may adopt emergency rules. The adoption of
22emergency rules authorized by this subsection is deemed to be
23necessary 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

 

 

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1Capital Distribution Formula Act is amended by changing
2Section 25-15 as follows:
 
3    (30 ILCS 769/25-15)
4    Sec. 25-15. Transfer of funds to another independent
5college.
6    (a) If an institution received a grant under this Article
7and subsequently fails to meet the definition of "independent
8college", the remaining funds shall be re-distributed as
9provided in Section 25-10 to those institutions that have an
10active grant under this Article, unless the campus or
11facilities for which the grant was given are subsequently
12operated by another institution that qualifies as an
13independent college under this Article.
14    (b) If the facilities of a former independent college are
15operated by another entity that qualifies as an independent
16college as provided in subsection (a) of this Section, then
17the entire balance of the grant provided under this Article
18remaining on the date the former independent college ceased
19operations, including any amount that had been withheld after
20the former independent college ceased operations, shall be
21transferred to the successor independent college for the
22purpose of the grant operating those facilities for the
23duration of the grant.
24    (c) In the event that, on or before July 16, 2014 (the
25effective date of Public Act 98-715) this amendatory Act of

 

 

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1the 98th General Assembly, the remaining funds have been
2re-allocated or re-distributed to other independent colleges,
3or the Illinois Board of Higher Education has planned for the
4remaining funds to be re-allocated or re-distributed to other
5independent colleges, before the 5-year period provided under
6this Act for the utilization of funds has ended, any funds so
7re-allocated or re-distributed shall be deducted from future
8allocations to those other independent colleges and
9re-allocated or re-distributed to the initial institution or
10the successor entity operating the facilities of the original
11institution if: (i) the institution that failed to meet the
12definition of "independent college" once again meets the
13definition of "independent college" before the 5-year period
14has expired; or (ii) the facility or facilities of the former
15independent college are operated by another entity that
16qualifies as an independent college before the 5-year period
17has expired.
18    (d) Notwithstanding subsection (a) of this Section, on or
19after the effective date of the changes made to this Section by
20this amendatory Act of the 103rd General Assembly, remaining
21funds returned to the State by an institution that failed to
22meet the definition of "independent college" and that received
23a grant from appropriations enacted prior to June 28, 2019,
24shall not be re-distributed. Any such funds shall instead be
25added to the funds made available in the first grant cycle
26under subsection (d) of Section 25-10 by the Board of Higher

 

 

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1Education following the effective date of the changes made to
2this Section by this amendatory Act of the 103rd General
3Assembly and shall be distributed pursuant to the formula as
4provided 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
7changing Section 901 as follows:
 
8    (35 ILCS 5/901)
9    Sec. 901. Collection authority.
10    (a) In general. The Department shall collect the taxes
11imposed by this Act. The Department shall collect certified
12past due child support amounts under Section 2505-650 of the
13Department of Revenue Law of the Civil Administrative Code of
14Illinois. Except as provided in subsections (b), (c), (e),
15(f), (g), and (h) of this Section, money collected pursuant to
16subsections (a) and (b) of Section 201 of this Act shall be
17paid into the General Revenue Fund in the State treasury;
18money collected pursuant to subsections (c) and (d) of Section
19201 of this Act shall be paid into the Personal Property Tax
20Replacement Fund, a special fund in the State Treasury; and
21money collected under Section 2505-650 of the Department of
22Revenue Law of the Civil Administrative Code of Illinois shall
23be paid into the Child Support Enforcement Trust Fund, a
24special fund outside the State Treasury, or to the State

 

 

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1Disbursement Unit established under Section 10-26 of the
2Illinois Public Aid Code, as directed by the Department of
3Healthcare and Family Services.
4    (b) Local Government Distributive Fund. Beginning August
51, 2017 and continuing through July 31, 2022, the Treasurer
6shall transfer each month from the General Revenue Fund to the
7Local Government Distributive Fund an amount equal to the sum
8of: (i) 6.06% (10% of the ratio of the 3% individual income tax
9rate prior to 2011 to the 4.95% individual income tax rate
10after July 1, 2017) of the net revenue realized from the tax
11imposed by subsections (a) and (b) of Section 201 of this Act
12upon individuals, trusts, and estates during the preceding
13month; (ii) 6.85% (10% of the ratio of the 4.8% corporate
14income tax rate prior to 2011 to the 7% corporate income tax
15rate after July 1, 2017) of the net revenue realized from the
16tax imposed by subsections (a) and (b) of Section 201 of this
17Act upon corporations during the preceding month; and (iii)
18beginning February 1, 2022, 6.06% of the net revenue realized
19from the tax imposed by subsection (p) of Section 201 of this
20Act upon electing pass-through entities. Beginning August 1,
212022 and continuing through July 31, 2023, the Treasurer shall
22transfer each month from the General Revenue Fund to the Local
23Government Distributive Fund an amount equal to the sum of:
24(i) 6.16% of the net revenue realized from the tax imposed by
25subsections (a) and (b) of Section 201 of this Act upon
26individuals, trusts, and estates during the preceding month;

 

 

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1(ii) 6.85% of the net revenue realized from the tax imposed by
2subsections (a) and (b) of Section 201 of this Act upon
3corporations during the preceding month; and (iii) 6.16% of
4the net revenue realized from the tax imposed by subsection
5(p) of Section 201 of this Act upon electing pass-through
6entities. Beginning August 1, 2023, the Treasurer shall
7transfer each month from the General Revenue Fund to the Local
8Government Distributive Fund an amount equal to the sum of:
9(i) 6.47% of the net revenue realized from the tax imposed by
10subsections (a) and (b) of Section 201 of this Act upon
11individuals, trusts, and estates during the preceding month;
12(ii) 6.85% of the net revenue realized from the tax imposed by
13subsections (a) and (b) of Section 201 of this Act upon
14corporations during the preceding month; and (iii) 6.47% of
15the net revenue realized from the tax imposed by subsection
16(p) of Section 201 of this Act upon electing pass-through
17entities. Net revenue realized for a month shall be defined as
18the revenue from the tax imposed by subsections (a) and (b) of
19Section 201 of this Act which is deposited into in the General
20Revenue Fund, the Education Assistance Fund, the Income Tax
21Surcharge Local Government Distributive Fund, the Fund for the
22Advancement of Education, and the Commitment to Human Services
23Fund during the month minus the amount paid out of the General
24Revenue Fund in State warrants during that same month as
25refunds to taxpayers for overpayment of liability under the
26tax imposed by subsections (a) and (b) of Section 201 of this

 

 

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1Act.
2    Notwithstanding any provision of law to the contrary,
3beginning on July 6, 2017 (the effective date of Public Act
4100-23), those amounts required under this subsection (b) to
5be transferred by the Treasurer into the Local Government
6Distributive Fund from the General Revenue Fund shall be
7directly deposited into the Local Government Distributive Fund
8as 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,

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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
24Income Tax Surcharge Local Government Distributive Fund. On
25July 1, 1991, and thereafter, of the amounts collected
26pursuant to subsections (a) and (b) of Section 201 of this Act,

 

 

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1minus deposits into the Income Tax Refund Fund, the Department
2shall deposit 7.3% into the Education Assistance Fund in the
3State Treasury. Beginning July 1, 1991, and continuing through
4January 31, 1993, of the amounts collected pursuant to
5subsections (a) and (b) of Section 201 of the Illinois Income
6Tax Act, minus deposits into the Income Tax Refund Fund, the
7Department shall deposit 3.0% into the Income Tax Surcharge
8Local Government Distributive Fund in the State Treasury.
9Beginning February 1, 1993 and continuing through June 30,
101993, of the amounts collected pursuant to subsections (a) and
11(b) of Section 201 of the Illinois Income Tax Act, minus
12deposits into the Income Tax Refund Fund, the Department shall
13deposit 4.4% into the Income Tax Surcharge Local Government
14Distributive Fund in the State Treasury. Beginning July 1,
151993, and continuing through June 30, 1994, of the amounts
16collected under subsections (a) and (b) of Section 201 of this
17Act, minus deposits into the Income Tax Refund Fund, the
18Department shall deposit 1.475% into the Income Tax Surcharge
19Local Government Distributive Fund in the State Treasury.
20    (f) Deposits into the Fund for the Advancement of
21Education. Beginning February 1, 2015, the Department shall
22deposit the following portions of the revenue realized from
23the tax imposed upon individuals, trusts, and estates by
24subsections (a) and (b) of Section 201 of this Act, minus
25deposits into the Income Tax Refund Fund, into the Fund for the
26Advancement of Education:

 

 

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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
5Section 201 is reduced pursuant to Section 201.5 of this Act,
6the Department shall not make the deposits required by this
7subsection (f) on or after the effective date of the
8reduction.
9    (g) Deposits into the Commitment to Human Services Fund.
10Beginning February 1, 2015, the Department shall deposit the
11following portions of the revenue realized from the tax
12imposed upon individuals, trusts, and estates by subsections
13(a) and (b) of Section 201 of this Act, minus deposits into the
14Income Tax Refund Fund, into the Commitment to Human Services
15Fund:
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
20Section 201 is reduced pursuant to Section 201.5 of this Act,
21the Department shall not make the deposits required by this
22subsection (g) on or after the effective date of the
23reduction.
24    (h) Deposits into the Tax Compliance and Administration
25Fund. Beginning on the first day of the first calendar month to
26occur on or after August 26, 2014 (the effective date of Public

 

 

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1Act 98-1098), each month the Department shall pay into the Tax
2Compliance and Administration Fund, to be used, subject to
3appropriation, to fund additional auditors and compliance
4personnel at the Department, an amount equal to 1/12 of 5% of
5the cash receipts collected during the preceding fiscal year
6by the Audit Bureau of the Department from the tax imposed by
7subsections (a), (b), (c), and (d) of Section 201 of this Act,
8net of deposits into the Income Tax Refund Fund made from those
9cash receipts.
10(Source: P.A. 101-8, see Section 99 for effective date;
11101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff.
126-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658,
13eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff. 4-19-22;
14102-813, eff. 5-13-22; revised 8-2-22.)
 
15    Section 5-80. The Hotel Operators' Occupation Tax Act is
16amended 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
19proceeds. Except as provided hereinafter in this Section, on
20or before the last day of each calendar month, every person
21engaged in the business of renting, leasing or letting rooms
22in a hotel in this State during the preceding calendar month
23shall file a return with the Department, stating:
24        1. The name of the operator;

 

 

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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
22Department does not exceed $200, the Department may authorize
23his returns to be filed on a quarter annual basis, with the
24return for January, February and March of a given year being
25due by April 30 of such year; with the return for April, May
26and June of a given year being due by July 31 of such year;

 

 

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1with the return for July, August and September of a given year
2being due by October 31 of such year, and with the return for
3October, November and December of a given year being due by
4January 31 of the following year.
5    If the operator's average monthly tax liability to the
6Department does not exceed $50, the Department may authorize
7his returns to be filed on an annual basis, with the return for
8a given year being due by January 31 of the following year.
9    Such quarter annual and annual returns, as to form and
10substance, shall be subject to the same requirements as
11monthly returns.
12    Notwithstanding any other provision in this Act concerning
13the time within which an operator may file his return, in the
14case of any operator who ceases to engage in a kind of business
15which makes him responsible for filing returns under this Act,
16such operator shall file a final return under this Act with the
17Department not more than 1 month after discontinuing such
18business.
19    Where the same person has more than 1 business registered
20with the Department under separate registrations under this
21Act, such person shall not file each return that is due as a
22single return covering all such registered businesses, but
23shall file separate returns for each such registered business.
24    In his return, the operator shall determine the value of
25any consideration other than money received by him in
26connection with the renting, leasing or letting of rooms in

 

 

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1the course of his business and he shall include such value in
2his return. Such determination shall be subject to review and
3revision by the Department in the manner hereinafter provided
4for the correction of returns.
5    Where the operator is a corporation, the return filed on
6behalf of such corporation shall be signed by the president,
7vice-president, secretary or treasurer or by the properly
8accredited agent of such corporation.
9    The person filing the return herein provided for shall, at
10the time of filing such return, pay to the Department the
11amount of tax herein imposed. The operator filing the return
12under this Section shall, at the time of filing such return,
13pay to the Department the amount of tax imposed by this Act
14less a discount of 2.1% or $25 per calendar year, whichever is
15greater, which is allowed to reimburse the operator for the
16expenses incurred in keeping records, preparing and filing
17returns, remitting the tax and supplying data to the
18Department on request.
19    If any payment provided for in this Section exceeds the
20operator's liabilities under this Act, as shown on an original
21return, the Department may authorize the operator to credit
22such excess payment against liability subsequently to be
23remitted to the Department under this Act, in accordance with
24reasonable rules adopted by the Department. If the Department
25subsequently determines that all or any part of the credit
26taken was not actually due to the operator, the operator's

 

 

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1discount shall be reduced by an amount equal to the difference
2between the discount as applied to the credit taken and that
3actually due, and that operator shall be liable for penalties
4and interest on such difference.
5    There shall be deposited into in the Build Illinois Fund
6in the State Treasury for each State fiscal year 40% of the
7amount of total net revenue proceeds from the tax imposed by
8subsection (a) of Section 3. Of the remaining 60%: (i) ,
9$5,000,000 shall be deposited into in the Illinois Sports
10Facilities Fund and credited to the Subsidy Account each
11fiscal year by making monthly deposits in the amount of 1/8 of
12$5,000,000 plus cumulative deficiencies in such deposits for
13prior months, and (ii) an amount equal to the then applicable
14Advance Amount additional $8,000,000 shall be deposited into
15in the Illinois Sports Facilities Fund and credited to the
16Advance Account each fiscal year by making monthly deposits in
17the amount of 1/8 of the then applicable Advance Amount
18$8,000,000 plus any cumulative deficiencies in such deposits
19for prior months; provided, that for fiscal years ending after
20June 30, 2001, the amount to be so deposited into the Illinois
21Sports Facilities Fund and credited to the Advance Account
22each fiscal year shall be increased from $8,000,000 to the
23then applicable Advance Amount and the required monthly
24deposits beginning with July 2001 shall be in the amount of 1/8
25of the then applicable Advance Amount plus any cumulative
26deficiencies in those deposits for prior months. (The deposits

 

 

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1of the additional $8,000,000 or the then applicable Advance
2Amount, as applicable, during each fiscal year shall be
3treated as advances of funds to the Illinois Sports Facilities
4Authority for its corporate purposes to the extent paid to the
5Authority or its trustee and shall be repaid into the General
6Revenue Fund in the State Treasury by the State Treasurer on
7behalf of the Authority pursuant to Section 19 of the Illinois
8Sports Facilities Authority Act, as amended. If in any fiscal
9year the full amount of the then applicable Advance Amount is
10not repaid into the General Revenue Fund, then the deficiency
11shall be paid from the amount in the Local Government
12Distributive Fund that would otherwise be allocated to the
13City of Chicago under the State Revenue Sharing Act.)
14    For purposes of the foregoing paragraph, the term "Advance
15Amount" means, for fiscal year 2002, $22,179,000, and for
16subsequent fiscal years through fiscal year 2033, 105.615% of
17the Advance Amount for the immediately preceding fiscal year,
18rounded up to the nearest $1,000.
19    Of the remaining 60% of the amount of total net proceeds
20prior to August 1, 2011 from the tax imposed by subsection (a)
21of Section 3 after all required deposits in the Illinois
22Sports Facilities Fund, the amount equal to 8% of the net
23revenue realized from this Act plus an amount equal to 8% of
24the net revenue realized from any tax imposed under Section
254.05 of the Chicago World's Fair-1992 Authority Act during the
26preceding month shall be deposited in the Local Tourism Fund

 

 

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1each month for purposes authorized by Section 605-705 of the
2Department of Commerce and Economic Opportunity Law (20 ILCS
3605/605-705). Of the remaining 60% of the amount of total net
4revenue proceeds beginning on August 1, 2011 through June 30,
52023, from the tax imposed by subsection (a) of Section 3 after
6all required deposits into in the Illinois Sports Facilities
7Fund, an amount equal to 8% of the net revenue realized from
8this Act plus an amount equal to 8% of the net revenue realized
9from any tax imposed under Section 4.05 of the Chicago World's
10Fair-1992 Authority Act during the preceding month shall be
11deposited as follows: 18% of such amount shall be deposited
12into the Chicago Travel Industry Promotion Fund for the
13purposes described in subsection (n) of Section 5 of the
14Metropolitan Pier and Exposition Authority Act and the
15remaining 82% of such amount shall be deposited into the Local
16Tourism Fund each month for purposes authorized by Section
17605-705 of the Department of Commerce and Economic Opportunity
18Law. Beginning on August 1, 1999 and ending on July 31, 2011,
19an amount equal to 4.5% of the net revenue realized from the
20Hotel Operators' Occupation Tax Act during the preceding month
21shall be deposited into the International Tourism Fund for the
22purposes authorized in Section 605-707 of the Department of
23Commerce and Economic Opportunity Law. Beginning on August 1,
242011 and through June 30, 2023, an amount equal to 4.5% of the
25net revenue realized from this Act during the preceding month
26shall be deposited as follows: 55% of such amount shall be

 

 

HB3817 Enrolled- 197 -LRB103 30519 DTM 56952 b

1deposited into the Chicago Travel Industry Promotion Fund for
2the purposes described in subsection (n) of Section 5 of the
3Metropolitan Pier and Exposition Authority Act and the
4remaining 45% of such amount deposited into the International
5Tourism Fund for the purposes authorized in Section 605-707 of
6the Department of Commerce and Economic Opportunity Law. "Net
7revenue realized for a month" means the revenue collected by
8the State under this that Act during the previous month less
9the amount paid out during that same month as refunds to
10taxpayers for overpayment of liability under this that Act.
11    Beginning on July 1, 2023, of the remaining 60% of the
12amount of total net revenue realized from the tax imposed
13under subsection (a) of Section 3, after all required deposits
14into 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
24realized from all other proceeds of the tax imposed under
25subsection (a) of Section 3 shall be deposited into in the
26Tourism Promotion Fund in the State Treasury. All moneys

 

 

HB3817 Enrolled- 198 -LRB103 30519 DTM 56952 b

1received by the Department from the additional tax imposed
2under subsection (b) of Section 3 shall be deposited into the
3Build Illinois Fund in the State Treasury.
4    The Department may, upon separate written notice to a
5taxpayer, require the taxpayer to prepare and file with the
6Department on a form prescribed by the Department within not
7less than 60 days after receipt of the notice an annual
8information return for the tax year specified in the notice.
9Such annual return to the Department shall include a statement
10of gross receipts as shown by the operator's last State income
11tax return. If the total receipts of the business as reported
12in the State income tax return do not agree with the gross
13receipts reported to the Department for the same period, the
14operator shall attach to his annual information return a
15schedule showing a reconciliation of the 2 amounts and the
16reasons for the difference. The operator's annual information
17return to the Department shall also disclose payroll pay roll
18information of the operator's business during the year covered
19by such return and any additional reasonable information which
20the Department deems would be helpful in determining the
21accuracy of the monthly, quarterly or annual tax returns by
22such operator as hereinbefore provided for in this Section.
23    If the annual information return required by this Section
24is not filed when and as required the taxpayer shall be liable
25for a penalty in an amount determined in accordance with
26Section 3-4 of the Uniform Penalty and Interest Act until such

 

 

HB3817 Enrolled- 199 -LRB103 30519 DTM 56952 b

1return is filed as required, the penalty to be assessed and
2collected in the same manner as any other penalty provided for
3in this Act.
4    The chief executive officer, proprietor, owner or highest
5ranking manager shall sign the annual return to certify the
6accuracy of the information contained therein. Any person who
7willfully signs the annual return containing false or
8inaccurate information shall be guilty of perjury and punished
9accordingly. The annual return form prescribed by the
10Department shall include a warning that the person signing the
11return may be liable for perjury.
12    The foregoing portion of this Section concerning the
13filing of an annual information return shall not apply to an
14operator who is not required to file an income tax return with
15the 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
18changing Section 8 as follows:
 
19    (35 ILCS 505/8)  (from Ch. 120, par. 424)
20    Sec. 8. Distribution of proceeds of tax. Except as
21provided in subsection (a-1) of this Section, Section 8a,
22subdivision (h)(1) of Section 12a, Section 13a.6, and items
2313, 14, 15, and 16 of Section 15, all money received by the
24Department under this Act, including payments made to the

 

 

HB3817 Enrolled- 200 -LRB103 30519 DTM 56952 b

1Department by member jurisdictions participating in the
2International Fuel Tax Agreement, shall be deposited into in a
3special fund in the State treasury, to be known as the "Motor
4Fuel Tax Fund", and shall be used as follows:
5    (a) 2 1/2 cents per gallon of the tax collected on special
6fuel under paragraph (b) of Section 2 and Section 13a of this
7Act shall be transferred to the State Construction Account
8Fund in the State Treasury; the remainder of the tax collected
9on special fuel under paragraph (b) of Section 2 and Section
1013a of this Act shall be deposited into the Road Fund;
11    (a-1) Beginning on July 1, 2019, an amount equal to the
12amount of tax collected under subsection (a) of Section 2 and
13Section 13a as a result of the increase in the tax rate under
14subsection (a) of Section 2 authorized by Public Act 101-32
15shall be deposited transferred each month into the
16Transportation Renewal Fund; provided, however, that the
17amount that represents the part (b) portion of the rate under
18Section 13a shall be deposited each month into the Motor Fuel
19Tax Fund and the Transportation Renewal Fund in the same
20proportion as the amount collected under subsection (a) of
21Section 2;
22    (b) $420,000 shall be transferred each month to the State
23Boating Act Fund to be used by the Department of Natural
24Resources for the purposes specified in Article X of the Boat
25Registration and Safety Act;
26    (c) $3,500,000 shall be transferred each month to the

 

 

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1Grade Crossing Protection Fund to be used as follows: not less
2than $12,000,000 each fiscal year shall be used for the
3construction or reconstruction of rail highway grade
4separation structures; $5,500,000 in fiscal year 2022 and each
5fiscal year thereafter shall be transferred to the
6Transportation Regulatory Fund and shall be used to pay the
7cost of administration of the Illinois Commerce Commission's
8railroad safety program in connection with its duties under
9subsection (3) of Section 18c-7401 of the Illinois Vehicle
10Code, with the remainder to be used by the Department of
11Transportation upon order of the Illinois Commerce Commission,
12to pay that part of the cost apportioned by such Commission to
13the State to cover the interest of the public in the use of
14highways, roads, streets, or pedestrian walkways in the county
15highway system, township and district road system, or
16municipal street system as defined in the Illinois Highway
17Code, as the same may from time to time be amended, for
18separation of grades, for installation, construction or
19reconstruction of crossing protection or reconstruction,
20alteration, relocation including construction or improvement
21of any existing highway necessary for access to property or
22improvement of any grade crossing and grade crossing surface
23including the necessary highway approaches thereto of any
24railroad across the highway or public road, or for the
25installation, construction, reconstruction, or maintenance of
26safety treatments to deter trespassing or a pedestrian walkway

 

 

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1over or under a railroad right-of-way, as provided for in and
2in accordance with Section 18c-7401 of the Illinois Vehicle
3Code. The Commission may order up to $2,000,000 per year in
4Grade Crossing Protection Fund moneys for the improvement of
5grade crossing surfaces and up to $300,000 per year for the
6maintenance and renewal of 4-quadrant gate vehicle detection
7systems located at non-high speed rail grade crossings. In
8entering orders for projects for which payments from the Grade
9Crossing Protection Fund will be made, the Commission shall
10account for expenditures authorized by the orders on a cash
11rather than an accrual basis. For purposes of this requirement
12an "accrual basis" assumes that the total cost of the project
13is expended in the fiscal year in which the order is entered,
14while a "cash basis" allocates the cost of the project among
15fiscal years as expenditures are actually made. To meet the
16requirements of this subsection, the Illinois Commerce
17Commission shall develop annual and 5-year project plans of
18rail crossing capital improvements that will be paid for with
19moneys from the Grade Crossing Protection Fund. The annual
20project plan shall identify projects for the succeeding fiscal
21year and the 5-year project plan shall identify projects for
22the 5 directly succeeding fiscal years. The Commission shall
23submit the annual and 5-year project plans for this Fund to the
24Governor, the President of the Senate, the Senate Minority
25Leader, the Speaker of the House of Representatives, and the
26Minority Leader of the House of Representatives on the first

 

 

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1Wednesday in April of each year;
2    (d) of the amount remaining after allocations provided for
3in subsections (a), (a-1), (b), and (c), a sufficient amount
4shall 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,

 

 

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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

 

 

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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
6subsections (a), (a-1), (b), (c), and (d), the remaining
7amount 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

 

 

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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
18Department of Transportation shall allot to each municipality
19its share of the amount apportioned to the several
20municipalities which shall be in proportion to the population
21of such municipalities as determined by the last preceding
22municipal census if conducted by the Federal Government or
23Federal census. If territory is annexed to any municipality
24subsequent to the time of the last preceding census the
25corporate authorities of such municipality may cause a census
26to be taken of such annexed territory and the population so

 

 

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1ascertained for such territory shall be added to the
2population of the municipality as determined by the last
3preceding census for the purpose of determining the allotment
4for that municipality. If the population of any municipality
5was not determined by the last Federal census preceding any
6apportionment, the apportionment to such municipality shall be
7in accordance with any census taken by such municipality. Any
8municipal census used in accordance with this Section shall be
9certified to the Department of Transportation by the clerk of
10such municipality, and the accuracy thereof shall be subject
11to approval of the Department which may make such corrections
12as it ascertains to be necessary.
13    As soon as may be after the first day of each month, the
14Department of Transportation shall allot to each county its
15share of the amount apportioned to the several counties of the
16State as herein provided. Each allotment to the several
17counties having less than 1,000,000 inhabitants shall be in
18proportion to the amount of motor vehicle license fees
19received from the residents of such counties, respectively,
20during the preceding calendar year. The Secretary of State
21shall, on or before April 15 of each year, transmit to the
22Department of Transportation a full and complete report
23showing the amount of motor vehicle license fees received from
24the residents of each county, respectively, during the
25preceding calendar year. The Department of Transportation
26shall, each month, use for allotment purposes the last such

 

 

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1report received from the Secretary of State.
2    As soon as may be after the first day of each month, the
3Department of Transportation shall allot to the several
4counties their share of the amount apportioned for the use of
5road districts. The allotment shall be apportioned among the
6several counties in the State in the proportion which the
7total mileage of township or district roads in the respective
8counties bears to the total mileage of all township and
9district roads in the State. Funds allotted to the respective
10counties for the use of road districts therein shall be
11allocated to the several road districts in the county in the
12proportion which the total mileage of such township or
13district roads in the respective road districts bears to the
14total mileage of all such township or district roads in the
15county. After July 1 of any year prior to 2011, no allocation
16shall be made for any road district unless it levied a tax for
17road and bridge purposes in an amount which will require the
18extension of such tax against the taxable property in any such
19road district at a rate of not less than either .08% of the
20value thereof, based upon the assessment for the year
21immediately prior to the year in which such tax was levied and
22as equalized by the Department of Revenue or, in DuPage
23County, an amount equal to or greater than $12,000 per mile of
24road under the jurisdiction of the road district, whichever is
25less. Beginning July 1, 2011 and each July 1 thereafter, an
26allocation shall be made for any road district if it levied a

 

 

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1tax for road and bridge purposes. In counties other than
2DuPage County, if the amount of the tax levy requires the
3extension of the tax against the taxable property in the road
4district at a rate that is less than 0.08% of the value
5thereof, based upon the assessment for the year immediately
6prior to the year in which the tax was levied and as equalized
7by the Department of Revenue, then the amount of the
8allocation for that road district shall be a percentage of the
9maximum allocation equal to the percentage obtained by
10dividing the rate extended by the district by 0.08%. In DuPage
11County, if the amount of the tax levy requires the extension of
12the tax against the taxable property in the road district at a
13rate that is less than the lesser of (i) 0.08% of the value of
14the taxable property in the road district, based upon the
15assessment for the year immediately prior to the year in which
16such tax was levied and as equalized by the Department of
17Revenue, or (ii) a rate that will yield an amount equal to
18$12,000 per mile of road under the jurisdiction of the road
19district, then the amount of the allocation for the road
20district shall be a percentage of the maximum allocation equal
21to the percentage obtained by dividing the rate extended by
22the district by the lesser of (i) 0.08% or (ii) the rate that
23will yield an amount equal to $12,000 per mile of road under
24the jurisdiction of the road district.
25    Prior to 2011, if any road district has levied a special
26tax for road purposes pursuant to Sections 6-601, 6-602, and

 

 

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16-603 of the Illinois Highway Code, and such tax was levied in
2an amount which would require extension at a rate of not less
3than .08% of the value of the taxable property thereof, as
4equalized or assessed by the Department of Revenue, or, in
5DuPage County, an amount equal to or greater than $12,000 per
6mile of road under the jurisdiction of the road district,
7whichever is less, such levy shall, however, be deemed a
8proper compliance with this Section and shall qualify such
9road district for an allotment under this Section. Beginning
10in 2011 and thereafter, if any road district has levied a
11special tax for road purposes under Sections 6-601, 6-602, and
126-603 of the Illinois Highway Code, and the tax was levied in
13an amount that would require extension at a rate of not less
14than 0.08% of the value of the taxable property of that road
15district, as equalized or assessed by the Department of
16Revenue or, in DuPage County, an amount equal to or greater
17than $12,000 per mile of road under the jurisdiction of the
18road district, whichever is less, that levy shall be deemed a
19proper compliance with this Section and shall qualify such
20road district for a full, rather than proportionate, allotment
21under this Section. If the levy for the special tax is less
22than 0.08% of the value of the taxable property, or, in DuPage
23County if the levy for the special tax is less than the lesser
24of (i) 0.08% or (ii) $12,000 per mile of road under the
25jurisdiction of the road district, and if the levy for the
26special tax is more than any other levy for road and bridge

 

 

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1purposes, then the levy for the special tax qualifies the road
2district for a proportionate, rather than full, allotment
3under this Section. If the levy for the special tax is equal to
4or less than any other levy for road and bridge purposes, then
5any allotment under this Section shall be determined by the
6other levy for road and bridge purposes.
7    Prior to 2011, if a township has transferred to the road
8and bridge fund money which, when added to the amount of any
9tax levy of the road district would be the equivalent of a tax
10levy requiring extension at a rate of at least .08%, or, in
11DuPage County, an amount equal to or greater than $12,000 per
12mile of road under the jurisdiction of the road district,
13whichever is less, such transfer, together with any such tax
14levy, shall be deemed a proper compliance with this Section
15and shall qualify the road district for an allotment under
16this Section.
17    In counties in which a property tax extension limitation
18is imposed under the Property Tax Extension Limitation Law,
19road districts may retain their entitlement to a motor fuel
20tax allotment or, beginning in 2011, their entitlement to a
21full allotment if, at the time the property tax extension
22limitation was imposed, the road district was levying a road
23and bridge tax at a rate sufficient to entitle it to a motor
24fuel tax allotment and continues to levy the maximum allowable
25amount after the imposition of the property tax extension
26limitation. Any road district may in all circumstances retain

 

 

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1its entitlement to a motor fuel tax allotment or, beginning in
22011, its entitlement to a full allotment if it levied a road
3and bridge tax in an amount that will require the extension of
4the tax against the taxable property in the road district at a
5rate of not less than 0.08% of the assessed value of the
6property, based upon the assessment for the year immediately
7preceding the year in which the tax was levied and as equalized
8by the Department of Revenue or, in DuPage County, an amount
9equal to or greater than $12,000 per mile of road under the
10jurisdiction of the road district, whichever is less.
11    As used in this Section, the term "road district" means
12any road district, including a county unit road district,
13provided for by the Illinois Highway Code; and the term
14"township or district road" means any road in the township and
15district road system as defined in the Illinois Highway Code.
16For the purposes of this Section, "township or district road"
17also includes such roads as are maintained by park districts,
18forest preserve districts and conservation districts. The
19Department of Transportation shall determine the mileage of
20all township and district roads for the purposes of making
21allotments and allocations of motor fuel tax funds for use in
22road districts.
23    Payment of motor fuel tax moneys to municipalities and
24counties shall be made as soon as possible after the allotment
25is made. The treasurer of the municipality or county may
26invest these funds until their use is required and the

 

 

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1interest earned by these investments shall be limited to the
2same uses as the principal funds.
3(Source: P.A. 101-32, eff. 6-28-19; 101-230, eff. 8-9-19;
4101-493, eff. 8-23-19; 102-16, eff. 6-17-21; 102-558, eff.
58-20-21; 102-699, eff. 4-19-22.)
 
6    Section 5-87. The Illinois Pension Code is amended by
7changing Sections 1A-112, 2-121.1, and 16-132 and by adding
8Sections 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
12statement under Section 1A-109 shall pay to the Department an
13annual compliance fee. In the case of a pension fund under
14Article 3 or 4 of this Code, (i) prior to the conclusion of the
15transition period, the annual compliance fee shall be 0.02% (2
16basis points) of the total assets of the pension fund, as
17reported in the most current annual statement of the fund, but
18not more than $8,000 and (ii) after the conclusion of the
19transition period, the annual compliance fee shall be $8,000
20and shall be paid by the Consolidated Fund. In the case of all
21other pension funds and retirement systems, the annual
22compliance fee shall be $8,000. Effective July 1, 2023, each
23pension fund established under Article 3 or 4 of this Code
24shall pay an annual compliance fee of at least 0.02% but not

 

 

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1more than 0.05% of the total assets of the pension fund, as
2reported in the most current annual statement of the fund, to
3the Department of Insurance unless the appropriate
4Consolidated Fund agrees to conduct an audit or examination of
5all pension funds as provided in Section 1A-104. The
6Department shall have the discretion to set the annual
7compliance fee to be paid by each pension fund to cover the
8cost of the compliance audits. The Department shall provide
9written notice to each Article 3 and Article 4 pension fund of
10the amount of the annual compliance fee due not less than 60
11days prior to the fee payment deadline.
12    (b) The annual compliance fee shall be due on June 30 for
13the following State fiscal year, except that the fee payable
14in 1997 for fiscal year 1998 shall be due no earlier than 30
15days following the effective date of this amendatory Act of
161997.
17    (c) Any information obtained by the Division that is
18available to the public under the Freedom of Information Act
19and is either compiled in published form or maintained on a
20computer processible medium shall be furnished upon the
21written request of any applicant and the payment of a
22reasonable information services fee established by the
23Director, sufficient to cover the total cost to the Division
24of compiling, processing, maintaining, and generating the
25information. The information may be furnished by means of
26published copy or on a computer processed or computer

 

 

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1processible medium.
2    No fee may be charged to any person for information that
3the Division is required by law to furnish to that person.
4    (d) Except as otherwise provided in this Section, all fees
5and penalties collected by the Department under this Code
6shall be deposited into the Public Pension Regulation Fund.
7    (e) Fees collected under subsection (c) of this Section
8and money collected under Section 1A-107 shall be deposited
9into the Technology Management Revolving Fund and credited to
10the account of the Department's Public Pension Division. This
11income shall be used exclusively for the purposes set forth in
12Section 1A-107. Notwithstanding the provisions of Section
13408.2 of the Illinois Insurance Code, no surplus funds
14remaining in this account shall be deposited in the Insurance
15Financial Regulation Fund. All money in this account that the
16Director certifies is not needed for the purposes set forth in
17Section 1A-107 of this Code shall be transferred to the Public
18Pension Regulation Fund.
19    (f) Nothing in this Code prohibits the General Assembly
20from appropriating funds from the General Revenue Fund to the
21Department for the purpose of administering or enforcing this
22Code.
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.
<

 

 

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1    "Tier 1 participant": A participant who first became a
2participant before January 1, 2011.
3    "Tier 2 participant": A participant who first became a
4participant 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
7former Tier 1 participant who has made the election to retire
8and 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